Vol. 80 Tuesday, 

No. 86 May 5, 2015 

Part II 

Department of Commerce 

Bureau of Industry and Security 

15 CFR Parts 734, 740, 742, et al. 

Department of State 

22 CFR Part 121 

Revisions to the Export Administration Regulations (EAR): Control of Fire 

Control, Range Finder, Optical, and Guidance and Control Equipment the 

President Determines No Longer Warrant Control Under the United States 

Munitions List (USML); Amendment to the International Traffic in Arms 

Regulations: Revision of U.S. Munitions List Category XII; Proposed Rules 


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25798 Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 734, 740, 742, 744, 772, 

and 774 

[Docket No. 140221170–4170–01] 

RIN 0694–AF75 

Revisions to the Export Administration 

Regulations (EAR): Control of Fire 

Control, Range Finder, Optical, and 

Guidance and Control Equipment the 

President Determines No Longer 

Warrant Control Under the United 

States Munitions List (USML) 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule describes 

how articles the President determines 

no longer warrant control under 

Category XII (Fire Control, Range 

Finder, Optical and Guidance and 

Control Equipment) of the United States 

Munitions List (USML) of the 

International Traffic in Arms 

Regulations (ITAR) would be controlled 

under the Commerce Control List (CCL) 

by creating new ‘‘600 series’’ Export 

Control Classification Numbers (ECCN)s 

6A615, 6B615 and 6D615 for military 

fire control, range finder, and optical 

items, by revising ECCN 7A611 and by 

creating new ECCNs 7B611, 7C611 and 

7E611 for military optical and guidance 

items. In addition, for certain night 

vision items currently subject to the 

Export Administration Regulations 

(EAR), this rule proposes to expand the 

scope of control, eliminate the use of 

some license exceptions, and create new 

ECCNs for certain software and 

technology related to night vision items. 

This proposed rule would also expand 

the scope of end-use restrictions on 

certain exports and reexports of certain 

cameras, systems, or equipment and 

expand the scope of military 

commodities described in ECCN 0A919. 

DATES: Comments must be received by 

July 6, 2015. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for this 

rule using its regulations.gov docket 

number: BIS–2015–0016. 

• By email directly to 

publiccomments@bis.doc.gov. Include 

RIN 0694–AF75 in the subject line. 

• By mail or delivery to Regulatory 

Policy Division, Bureau of Industry and 

Security, U.S. Department of Commerce, 

Room 2099B, 14th Street and 

Pennsylvania Avenue NW., Washington, 

DC 20230. Refer to RIN 0694–AF75. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Krepp, Office of National 

Security and Technology Transfer 

Controls, Bureau of Industry and 

Security, Telephone: 202–482–1309, 

Email: Dennis.Krepp@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This proposed rule is part of the 

Administration’s Export Control Reform 

Initiative, the objective of which is to 

protect and enhance U.S. national 

security interests. The Initiative began 

in August 2009 when President Obama 

directed the Administration to conduct 

a broad-based review of the U.S. export 

control system to identify additional 

ways to enhance national security. Once 

the Department of State’s International 

Traffic in Arms Regulations (ITAR) and 

its U.S. Munitions List (USML) are 

amended to control only the items that 

provide the United States with a critical 

military or intelligence advantage or 

otherwise warrant such controls, and 

the Export Administration Regulations 

(EAR) are amended to control military 

items that do not warrant USML 

controls, the U.S. export control system 

will enhance national security by (i) 

improving interoperability of U.S. 

military forces with allied countries, (ii) 

strengthening the U.S. industrial base 

by, among other things, reducing 

incentives for foreign manufacturers to 

design out and avoid US-origin content 

and services, and (iii) allowing export 

control officials to focus government 

resources on transactions that pose 

greater concern. 

Pursuant to section 38(f) of the Arms 

Export Control Act (AECA), the 

President is obligated to review the 

USML ‘‘to determine what items, if any, 

no longer warrant export controls 

under’’ the AECA. The President must 

report the results of the review to 

Congress and wait 30 days before 

removing any such items from the 

USML. The report must ‘‘describe the 

nature of any controls to be imposed on 

that item under any other provision of 

law.’’ 22 U.S.C. 2778(f)(1). 

BIS has published and will continue 

to publish additional Federal Register 

notices containing proposed 

amendments to the CCL that describe 

proposed controls for additional 

categories of articles to the extent the 

President determines such articles no 

longer warrant control under the USML. 

The State Department will publish 

concurrently proposed amendments to 

the USML that correspond to the BIS 

notices. BIS will also publish proposed 

rules to further align the CCL with the 

Wassenaar Arrangement on Export 

Controls for Conventional Arms and 

Dual-Use Goods and Technologies’ 

Munitions List (Wassenaar Arrangement 

Munitions List or WAML) and the 

Missile Technology Control Regime’s 

Equipment, Software and Technology 

Annex (MTCR Annex). 

Following the structure set forth in 

the final rule entitled ‘‘Revisions to the 

Export Administration Regulations: 

Initial Implementation of Export Control 

Reform’’ (78 FR 22660, April 16, 2013) 

(‘‘April 16 (initial implementation) 

rule’’), this proposed rule describes 

BIS’s proposal for controlling under the 

EAR and its CCL fire control, range 

finder, optical, and guidance and 

control equipment, and related articles 

now controlled by the ITAR’s USML 

Category XII. The proposed changes 

described in this proposed rule and the 

corresponding changes in the State 

Department’s proposed amendment to 

Category XII of the USML are based on 

a review of Category XII by the Defense 

Department, which worked with the 

Departments of State and Commerce in 

preparing the proposed amendments. 

The review was focused on identifying 

the types of articles that are currently 

controlled by USML Category XII that 

are either (i) inherently military and 

otherwise warrant control on the USML 

or (ii) if it is a type common to nonmilitary equipment, possess parameters 

or characteristics that provide a critical 

military or intelligence advantage to the 

United States, and that are almost 

exclusively available from the United 

States. If an article satisfied one or both 

of those criteria, the article remained on 

the USML. If an article did not satisfy 

either standard, but was nonetheless a 

type of article that is, as a result of 

differences in form and fit, ‘‘specially 

designed’’ for military applications, it 

was identified in current or new ECCNs 

proposed in this notice. 

In the April 16 (initial 

implementation) rule, BIS created a 

series of new ECCNs to control items 

that would be removed from the USML, 

or that are items from the Wassenaar 

Arrangement on Export Controls for 

Conventional Arms and Dual Use Goods 

and Technologies Munitions List 

(Wassenaar Arrangement Munitions List 

or WAML) that are already controlled 

elsewhere on the CCL. That final rule 

referred to this series as the ‘‘600 series’’ 

because the third character in each of 

the new ECCNs would be a ‘‘6.’’ The 

first two characters of the 600 series 

ECCNs serve the same function as any 

other ECCN as described in § 738.2 of 

the EAR. The first character is a digit in 

the range 0 through 9 that identifies the 


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Category on the CCL in which the ECCN 

is located. The second character is a 

letter in the range A through E that 

identifies the product group within a 

CCL Category. In the 600 series, the 

third character is the number 6. With 

few exceptions, the final two characters 

identify the WAML category that covers 

items that are the same or similar to 

items in a particular 600 series ECCN. 

A ‘‘600 series’’ ECCN will not be 

created, however, if an existing ECCN is 

subject to controls for reasons other than 

Anti-Terrorism (AT) reasons and allows 

for identification, classification, and 

control of items transferred from the 

USML. Many of the items controlled 

under Category XII of the ITAR would 

also be subject to controls established by 

the Wassenaar Arrangement List of 

Dual-Use Goods and Technologies, 

which are reflected in many existing 

ECCNs on the CCL. Consequently, for 

many items, the review identified 

control parameters to delineate those 

items that would remain controlled 

under USML Category XII of the ITAR 

from those that would be subject to the 

lower threshold controls identified in 

the CCL. Accordingly, this proposed 

rule would revise the following existing 

ECCNs: 0A987, optical sighting devices 

for firearms; 2A984, concealed object 

detection equipment; 6A004, optical 

equipment and components; 6A005, 

lasers, components, and optical 

equipment; 6A007, gravity meters and 

gravity gradiometers; 6A008, radar 

systems, equipment, and assemblies; 

6A107, gravity meters and gravity 

gradiometers; 7A001, accelerometers; 

7A002, gyros or angular rate sensors; 

7A003, inertial measurement equipment 

or systems; 7A005, Global Navigation 

Satellite Systems receiving equipment; 

7A101, accelerometers; and 7A102, 

gyros. In order to maintain consistency 

with the Wassenaar Arrangement, 

proposed revisions to these ECCNs 

would not amend the control 

parameters in the Items paragraph of the 

ECCNs. Rather, most amendments add 

notes to the Related Controls paragraph 

or specific subparagraphs of the Items 

paragraph to reference the 

corresponding control under Category 

XII of the USML. 

The review also identified several 

sensors and cameras that provide 

important night vision capability for 

military use but are also widely used in 

civil products and applications. In order 

to address the sensitivity of these items 

that are currently on the Wassenaar 

Arrangement’s Dual-Use Control List 

and thus controlled under ECCNs 

6A002 (optical sensors or equipment 

and components therefor) and 6A003 

(cameras, systems or equipment, and 

components therefor) on the Commerce 

Control List, this proposed rule would 

amend the availability of License 

Exceptions STA and APR for certain 

items; revise the license review policy; 

expand the license requirement in 

§ 744.9; expand software controls 

related to ECCNs 6A002 and 6A003 by 

revising ECCNs 6D002, 6D003, and 

6D991; and create new ECCNs 6D994 

and 6E994 for repair, maintenance, or 

overhaul software or technology for 

ECCNs 6A002, 6A003, or 6A990 

commodities. In addition, this proposed 

rule proposes to revise controls for 

certain read-out integrated circuits in 

ECCN 6A990 and related software and 

technology in ECCNs 6D991 and 6E990, 

as well as newly proposed ECCNs 

6D994 and 6E994. To ensure 

interagency review of all items in 

ECCNs 6A002 and 6A990, this proposed 

rule would establish a new RS control 

that would require a license to export or 

reexport these commodities, as well as 

related software and technology, to all 

destinations, including Canada. This 

worldwide RS control, described further 

in § 742.6(a)(8), would effectively add a 

license requirement for Canada for all 

exports and reexports of ECCNs 6A002 

and 6A990 commodities. 

This proposed rule would also amend 

ECCN 6A002 to specify that focal plane 

arrays controlled under that ECCN 

include certain focal plane arrays in a 

‘‘permanent encapsulated sensor 

assembly’’, as that term is proposed to 

be defined in § 772.1, are subject to the 

EAR. Under this proposed rule, focal 

plane arrays described in ECCN 6A002 

that are not in a ‘‘permanent 

encapsulated sensor assembly’’ would 

be subject to the ITAR. Although these 

items are proposed to be subject to a 

worldwide license requirement, these 

commodities would be eligible for de 

minimis treatment (unless subject to 

§ 734.4(a)(5)) under the EAR and clearly 

included on the CCL, thus addressing 

concerns foreign manufacturers have 

expressed regarding jurisdictional 

uncertainty on components 

incorporated in foreign-made 

commercial items. 

This proposed rule would also revise 

controls pertaining to cameras classified 

under ECCN 6A993.a as a result of 

meeting the criteria to Note 3.a to ECCN 

6A003.b.4.b (i.e., having a maximum 

frame rate equal to or less than 9 Hz). 

The interagency review found that these 

9 Hz cameras have been incorporated 

into foreign military commodities. As a 

result, this proposed rule would amend 

§ 744.9 to include such 9 Hz cameras 

and subject them to the license 

requirements described in that section. 

This change is described more fully 

below. Additionally, this proposed rule 

would create new ECCN 0E987 to 

control technology required for the 

development or production of ECCN 

0A987 commodities that incorporate a 

focal plane array or image intensifier 

tube. 

For those items being transferred from 

Category XII of the ITAR that are not 

covered by an existing ECCN that have 

controls for reasons other than AT 

reasons, this proposed rule would create 

(or revise in the case of 7A611) the 

following ‘‘600 series’’ ECCNs: 6A615, 

military fire control, range finder, and 

optical equipment; 6B615, test, 

inspection, and production 

‘‘equipment’’ and related commodities 

‘‘specially designed’’ for the 

‘‘development’’ or ‘‘production’’ of 

military fire control, range finder, and 

optical equipment; 6D615, software 

‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of military 

fire control, range finder, and optical 

equipment controlled by ECCNs 6A615 

or 6B615; 6E615, technology ‘‘required’’ 

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

operation, installation, maintenance, 

repair, overhaul, or refurbishing of 

military fire control, range finder, and 

optical equipment controlled by 6A615 

or 6B615 or software controlled under 

6D615; 7A611, military guidance and 

control equipment; 7B611, test, 

inspection, and production 

‘‘equipment’’ and related commodities 

‘‘specially designed’’ for military 

guidance and control equipment; 

7D611, software ‘‘specially designed’’ 

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

operation, or maintenance of 

commodities controlled by 7A611 or 

equipment controlled by 7B611; and 

7E611, technology ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul or refurbishing of 

commodities controlled by 7A611, 

equipment controlled by 7B611, or 

software controlled by 7D611. 

As the U.S. Government works 

through the proposed revisions to the 

USML and the related proposed new 

controls on the CCL, the agencies 

recognize that some proposed control 

parameters may control items in normal 

commercial use and on the Wassenaar 

Arrangement’s Dual Use List. BIS 

believes that multiple perspectives 

would be beneficial to this process, and, 

while welcoming comments from all 

interested persons concerning any 

aspect of this proposed rule, it believes 

that input from users of the lists on the 

following issues would be particularly 

helpful. 


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(1) A key goal of this rulemaking is to 

ensure the USML and the CCL together 

control all items that meet Wassenaar 

Arrangement commitments embodied in 

USML Category XII. To that end, the 

public is asked to identify any potential 

lack of coverage brought about by the 

proposed rules when reviewed together. 

(2) Another key goal of this 

rulemaking is to identify items proposed 

for control on the USML or the CCL that 

are not controlled on the Wassenaar 

Arrangement’s Munitions or Dual Use 

List. The public is asked to identify any 

items proposed for control on the CCL 

that are not controlled on the Wassenaar 

Arrangement’s Munitions or Dual Use 

List. 

(3) A third key goal of this rulemaking 

is to establish a ‘‘bright line’’ between 

the USML and the CCL, and between 

the CCL’s 600 series and the rest of the 

CCL, for control of the items at issue. 

The public is asked to provide specific 

examples of control criteria that do not 

clearly describe items that would be 

defense articles, and thus do not 

establish a ‘‘bright line’’ between the 

USML and the CCL, or between the 600 

series and the rest of the CCL. 

(4) Although the proposed revisions 

to the USML and the CCL do not 

preclude the possibility that items in 

normal commercial use would or should 

be ITAR-controlled because, e.g., they 

provide the United States with a critical 

military or intelligence advantage, or 

controlled in the EAR’s 600 series 

controls, the U.S. Government does not 

want to inadvertently control items on 

the ITAR or in the 600 series that are in 

normal commercial use. As described in 

the State Department’s proposed rule, 

items that would be controlled on the 

USML have been identified as 

possessing parameters or characteristics 

that provide a critical military or 

intelligence advantage. The 

corresponding 600 series entries would 

control all other such items not meeting 

this standard, but that are nonetheless 

‘‘specially designed’’ for military 

applications. The public is thus asked to 

provide specific examples of items, if 

any, that would be controlled by the 

revised USML Category XII or the new 

600 series entries proposed in this rule 

that are now in normal commercial use 

and should thus controlled elsewhere 

on the CCL. The examples should 

demonstrate actual commercial use, not 

just potential or theoretical use, with 

supporting documents, as well as 

foreign availability of such items. 

(5) If there are any criteria proposed 

in the revised USML Category XII or 

new 600 series entries that the public 

believes control items in normal 

commercial use, the public is asked to 

identify different parameters or 

characteristics that would cover items 

exclusively or primarily in military use. 

(6) If there are any criteria the public 

believes control items in normal 

commercial use, the public is asked to 

identify the multilateral controls (such 

as the Wassenaar Arrangement’s Dual 

Use List), if any, for such items, and the 

consequences of such items being 

controlled on the USML or the 600 

series entries. 

(7) BIS seeks public comment on the 

use of the phrase ‘‘permanent 

encapsulated sensor assembly’’ in this 

proposed rule. 

(8) BIS also encourages comments on 

the proposed expansion of license 

requirements and removal of license 

exception availability on items, as 

described in this rule, that are currently 

exportable without a license or under a 

license exception. 

(9) Finally, BIS seeks comments on 

the impact of the proposed new license 

requirements for the export to Canada of 

items described in this rule. 

Detailed Description of Changes in This 

Proposed Rule—Increased Controls for 

Night Vision Items 

To address concerns regarding the 

control of night vision items currently 

subject to the EAR or proposed to be 

transferred from USML Category XII to 

the CCL, as well as foreign-made 

military commodities incorporating 

night vision items, this proposed rule 

would revise the policies for night 

vision items controlled in Category 6 by 

amending §§ 734.4(a), 740.16, 740.20, 

742.6, and 744.9 of the EAR. These 

changes are described more fully herein. 

Revisions to Section 734.4 

Section 734.4(a)(5) of the EAR 

currently provides that there is no de 

minimis level for foreign military 

commodities, as described in ECCN 

0A919, that incorporate certain night 

vision items. Since this proposed rule 

would expand the scope of items 

controlled under ECCN 0A919, as 

described further below, § 734.4(a)(5) 

would also be revised to reflect changes 

to that ECCN. Under this proposed rule, 

there would be no de minimis level for 

foreign-made military commodities 

described in ECCN 0A919, which 

incorporate commodities classified 

under ECCNs 6A002, 6A003, 6A990, or 

6A993.a (that meet the criteria of Note 

3.a to ECCN 6A003.b.4.b). 

Addition to Section 740.2 

Section 740.2 sets forth restrictions on 

all license exceptions. This rule would 

make technology for production of 

commodities defined in ECCNs 

6A002.a.2 (image intensifier tubes), 

6A002.a.3 (certain focal plane arrays), or 

6A990 (read-out integrated circuits 

specially designed for focal plane arrays 

controlled by ECCN 6A003.a.2) and 

controlled under ECCNs 6E002 or 6E990 

ineligible for any license exception. The 

restriction is being proposed because of 

the potential use of these tubes, arrays 

and integrated circuits in night vision 

devices. 

Availability of License Exception APR 

Section 740.16 of the EAR currently 

authorizes specified reexports of items 

subject to the EAR by certain countries 

to specified destinations without 

individual licenses from BIS. To ensure 

appropriate control for items in ECCNs 

6A002, 6A003, and 6A990, as well as 

items covered by ECCN 0A919 

incorporating such items, this rule 

proposes to remove APR availability for 

reexports from Country Group A:1 or 

cooperating countries for items 

described in ECCNs 6A002, 6A003, and 

6A990. However, cameras described in 

ECCN 6A003 may be exported or 

reexported under License Exception 

APR to and among Albania, Australia, 

Austria, Belgium, Bulgaria, Canada, 

Croatia, Cyprus, Czech Republic, 

Denmark, Estonia, Finland, France, 

Germany, Greece, Hungary, Iceland, 

Ireland, Italy, Japan, Latvia, Lithuania, 

Luxembourg, Malta, the Netherlands, 

New Zealand, Norway, Poland, 

Portugal, Romania, Slovakia, Slovenia, 

South Africa, South Korea, Spain, 

Sweden, Switzerland, Turkey, and the 

United Kingdom if such cameras are 

fully packaged for use as consumer 

ready civil products or such cameras 

with not more than 111,000 elements 

are to be embedded in civil products. 

This rule also would make commodities 

described in ECCN 0A897 (optical 

sighting devices for firearms) that 

incorporate an image intensifier tube 

ineligible for export to and among 

countries in Country Group A:1 and 

cooperating countries under License 

Exception APR because of the night 

vision capability of those devices. 

Availability of License Exception STA 

The EAR currently restricts the use of 

License Exception STA for specific 

commodities controlled by ECCNs 

6A002 or 6A003, as well as related 

technology controlled by 6E001 or 

6E002, for export or reexport to 

countries listed in § 740.20(c)(2). By 

amending § 740.20(b)(2), this rule 

proposes to remove License Exception 

STA availability for newly-proposed 

technology controlled under ECCN 

0E987; all commodities controlled 

under ECCN 6A002; commodities 


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controlled under ECCN 6A990; software 

controlled under ECCN 6D002 for the 

‘‘use’’ of commodities controlled under 

ECCN 6A002.b; software controlled 

under ECCN 6D003.c; software 

controlled under ECCN 6D991 for the 

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

of commodities controlled under ECCNs 

6A002, 6A003, or 6A990; software 

controlled under new ECCN 6D994; 

technology controlled under ECCN 

6E001 for the ‘‘development’’ of 

commodities controlled under ECCNs 

6A002 or 6A003; technology controlled 

under ECCN 6E002 for the ‘‘production’’ 

of commodities controlled under ECCNs 

6A002 or 6A003; technology controlled 

under ECCN 6E990; and technology 

controlled under new 6E994. 

Revisions to Regional Stability Licensing 

Policy 

Section 742.6 sets forth controls that 

support U.S. foreign policy to maintain 

regional stability. This proposed rule 

would add new § 742.6(a)(8) to require 

a license worldwide for the export or 

reexport of some Category 0 and 6 items. 

Specifically, the new provision would 

pertain to: Commodities described in 

ECCNs 6A002 or 6A990; ‘‘software’’ 

described in ECCN 6D002 for the ‘‘use’’ 

of ECCN 6A002.b commodities; 

‘‘software’’ described in ECCN 6D003.c; 

‘‘software’’ described in ECCN 6D991 

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

‘‘use’’ of ECCN 6A002, 6A003, or 6A990 

commodities; ‘‘software’’ described in 

ECCN 6D994; ‘‘technology’’ described in 

ECCN 0E987; ‘‘technology’’ described in 

ECCN 6E001 for the ‘‘development’’ of 

ECCN 6A002 or 6A003 commodities; 

‘‘technology’’ described in ECCN 6E002 

for the ‘‘production’’ of ECCN 6A002 or 

6A003 commodities; ‘‘technology’’ 

described in ECCN 6E990; and 

‘‘technology’’ described in ECCN 6E994. 

With the exception of military 

commodities controlled under ECCN 

0A919, license applications for all 

commodities described above subject to 

the worldwide RS control will be 

reviewed on a case-by-case basis, as 

described in § 742.6(b)(1)(ii). However, 

license applications for all items 

described in the above paragraph, 

including military commodities 

controlled under ECCN 0A919, would 

be subject to ITAR licensing policies for 

exports or reexports of such items to 

military end users described in 

§ 744.9(d) or for incorporation into a 

‘‘military commodity’’ controlled by 

ECCN 0A919. 

This rule further proposes to revise 

§ 742.6(b)(1) to set forth a presumption 

of denial for exports or reexports of 

software controlled under ECCNs 6D002 

(for the ‘‘use’’ of ECCN 6A002.b 

commodities), 6D003.c, and 6D991 (for 

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

‘‘use’’ of commodities controlled under 

ECCNs 6A002, 6A003, or 6A990). 

Software controlled under ECCN 6D994, 

however, would be reviewed on a caseby-case basis. 

With respect to technology, this 

proposed rule would revise § 742.6(b)(1) 

to set forth a presumption of denial for 

exports or reexports of technology 

controlled under ECCNs 0E987, 6E001 

(for ‘‘development’’ of ECCN 6A002 or 

6A003 commodities), 6E002 (for 

‘‘production’’ of ECCN 6A002 or 6A003 

commodities except for technology 

required for integration, mounting, 

inspection, testing, or quality 

assurance), and 6E990. However, 

applications for ECCN 6E002 ‘‘build-toprint technology’’ that is required for 

integration, mounting, inspection, 

testing, or quality assurance would be 

reviewed on a case-by-case basis. 

This rule also would add ECCN 

6A003.b (certain imaging cameras) to 

§ 742.6(b)(1)(iii)(C) to apply the license 

application review policy of the ITAR if 

being exported or reexported for 

incorporation into a ‘‘military 

commodity’’ controlled by ECCN 

0A919. 

Finally, this rule proposes no 

substantive changes to the existing 

licensing policy described in current 

§ 742.6(b)(1), but this rule does propose 

to re-structure the description of those 

policies under § 742.6(b)(1)(i)–(b)(1)(iv). 

Revisions to End-Use/End-User Controls 

Section 744.9 currently requires a 

license for the export or reexport to any 

destination other than Canada for 

cameras controlled by ECCNs 

6A003.b.3, 6A003.b.4.b, or 6A003.b.4.c 

when the exporter knows or is informed 

that the item is intended to be used by 

a ‘‘military end-user’’ or to be 

incorporated into a ‘‘military 

commodity’’ controlled by ECCN 

0A919, in addition to other applicable 

license requirements in the EAR. 

This proposed rule would revise 

§ 744.9 to require a license for exports, 

reexports, or transfers (in-country) of 

commodities controlled by ECCN 0A987 

(incorporating items in ECCNs 6A002 

and 6A003, or certain cameras in 

6A993.a), ECCN 6A002, ECCN 6A003, 

ECCN 6A990, ECCN 6A993.a 

commodities meeting the criteria of 

Note 3.a to ECCN 6A003.b.4.b., ECCN 

8A002.d.1.c, and ECCN 8A002.d.2, 

when the exporter or reexporter knows 

or is informed that the item is intended 

to be used by a ‘‘military end-user’’ or 

to be incorporated into a ‘‘military 

commodity’’ controlled by ECCN 

0A919. Commodities controlled by 

ECCN 6A993.a as a result of meeting the 

criteria of Note 3.a to ECCN 6A003.b.4.b 

are cameras with a maximum frame rate 

equal to or less than 9 Hz. Although 

these 9 Hz cameras are subject only to 

Anti-Terrorism controls, the U.S. 

Government determined that 9 Hz 

cameras are used in foreign-made 

military commodities and thus merited 

inclusion in § 744.9. 

License applications submitted as a 

result of the proposed revisions of 

§ 744.9 would be reviewed under the 

ITAR licensing policy described in 

§§ 742.6(b)(1)(iii) and 744.9(c). 

Addition of Definition to Part 772 

To more precisely address the 

jurisdictional split for focal plane arrays 

described in ECCN 6A002, this rule 

proposes to add a definition for focal 

plane arrays in a ‘‘permanent 

encapsulated sensor assembly.’’ Focal 

plane arrays described in ECCN 6A002 

that are focal plane arrays in a 

‘‘permanent encapsulated sensor 

assembly’’ and are not otherwise subject 

to the ITAR would be subject to the 

EAR, while focal plane arrays described 

in ECCN 6A002 that are not in a 

‘‘permanent encapsulated sensor 

assembly’’ would be subject to the 

ITAR. 

Revisions to ECCN 0A919 

ECCN 0A919 currently controls 

‘‘military commodities’’ produced and 

located outside the United States that 

are not subject to the ITAR, and 

incorporate one or more cameras 

controlled under ECCNs 6A003.b.3, 

6A003.b.4.b, or 6A003.b.4.c. In addition, 

ECCN 0A919 controls such ‘‘military 

commodities’’ if they incorporate more 

than a de minimis amount of U.S.-origin 

600 series content or are the direct 

products of U.S.-origin 600 series 

technology or software. 

To control the reexport of such 

military commodities that incorporate a 

wider group of items on the CCL, this 

proposed rule would revise ECCN 

0A919 to control military commodities 

produced outside the United States that 

are not subject to the ITAR, and have 

any of the following characteristics: (i) 

Incorporate one or more commodities 

classified under ECCNs 6A002, 6A003, 

or 6A990; (ii) incorporate one or more 

commodities controlled under ECCN 

6A993.a as a result of meeting the 

criteria specified in Note 3.a to ECCN 

6A003.b.4.b (i.e., having a maximum 

frame rate equal to or less than 9 Hz); 

(iii) incorporate more than a de minimis 

amount of U.S.-origin ‘‘600 series’’ 

controlled content; or (iv) are direct 

products of U.S.-origin ‘‘600 series’’ 

technology. 


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Establishment of ECCN 0E987 

This proposed rule would create a 

new ECCN for technology required for 

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

commodities controlled by ECCN 

0A987, if such commodities incorporate 

a focal plane array or image intensifier 

tube. ECCN 0E987 would be subject to 

a worldwide RS control and AntiTerrorism (AT Column 1) control. In 

addition, items controlled by 0E987 

would not be eligible for License 

Exception STA. 

Revisions to ECCN 6A002 

ECCN 6A002 currently controls 

specified optical sensors or equipment 

and components therefor. The 

Department of State’s proposed rule for 

Category XII, which is being published 

concurrently with this rule, enumerates 

certain optical sensors and components, 

such as image intensifier tubes and focal 

plane arrays, that are subject to the 

ITAR. Consequently, this proposed rule 

adds references to the ITAR in the 

Related Controls paragraph of ECCN 

6A002, as well as references to ECCN 

0A919, § 744.9, and other related 

ECCNs. 

ECCN 6A002 is currently subject to 

National Security (NS), Missile 

Technology (MT), Crime Control (CC), 

RS, Anti-Terrorism (AT), and United 

Nations (UN) reasons for control. To 

ensure interagency review of any 

proposed export or reexport of an ECCN 

6A002 commodity, this proposed rule 

would revise this ECCN’s RS control to 

require a license for all destinations, 

including Canada, for the entire entry. 

The proposed worldwide RS control 

eliminates the need to maintain the 

current RS column 1 control. 

Consequently, this proposed rule would 

revise the License Requirements section 

of ECCN 6A002 accordingly. Also, this 

rule proposes to add notes within the 

Items paragraph of the ECCN to further 

specify when items described in ECCN 

6A002 (and on the Wassenaar 

Arrangement’s Lists of Dual-Use Goods 

and Technologies) would be subject to 

the ITAR. 

Revisions to ECCN 6A003 

ECCN 6A003 currently controls 

specified cameras, systems or 

equipment and components therefor. 

Under the Department of State’s 

proposed rule, Category XII(c) more 

positively enumerates certain items that 

are also described by ECCN 6A003. 

Consequently, this proposed rule adds a 

reference to USML Category XII(c) in the 

Related Controls paragraph of ECCN 

6A003. Also, this rule revises the 

Related Controls references to ECCN 

0A919 and § 744.9 to reflect the 

expansion of the applicability of those 

provisions to all of ECCN 6A003. 

Revisions to ECCN 6A990 

Under the Department of State’s 

proposed rule to revise USML Category 

XII, certain read-out integrated circuits 

would be controlled under XII(e). Readout integrated circuits (ROICs) that are 

‘‘specially designed’’ for focal plane 

arrays controlled under ECCN 6A002.a.3 

would be classified under ECCN 6A990 

and subject to the worldwide RS control 

described in § 742.6(a)(8). In addition, 

these items would not be eligible for 

License Exception STA and would be 

subject to the limitations on the use of 

License Exception APR in § 740.16(a)(2) 

and (b)(2). This rule also proposes to 

insert references to Category XII(e), 

ECCN 0A919, and § 744.9 under the 

Related Controls paragraph. Also, this 

rule would allow for the use of License 

Exception LVS for this ECCN with a 

$500 value limit. This change would 

ensure that controls on ROICs subject to 

the EAR are not more restrictive than 

controls for ROICs proposed to be 

controlled in USML Category XII(e), 

which would be eligible for the 

exemption in § 123.16(b)(2) of the ITAR. 

Revisions to ECCN 6A993 

As previously mentioned, § 744.9 is 

proposed to be revised to require a 

license for 9 Hz cameras if exported to 

a ‘‘military end user’’ or if incorporated 

into a ‘‘military commodity.’’ To remind 

readers of the applicability of § 744.9 

and ECCN 0A919 to 9 Hz cameras, this 

rule provides a reference to those 

provisions under the Related Controls 

paragraph of 6A993. 

Revisions to ECCNs 6D002, 6D003, and 

6D991, and Establishment of 6D994 

The Wassenaar Arrangement’s Lists of 

Dual-Use Goods and Technologies 

impose limited controls on software 

related to commodities controlled under 

ECCNs 6A002 and 6A003. As a result, 

the CCL currently has the following 

multilateral and unilateral software 

controls related to such items: ECCN 

6D002 (software ‘‘specially designed’’ 

for the ‘‘use’’ of commodities controlled 

under ECCN 6A002.b), ECCN 6D003.c 

(software designed or modified for 

cameras incorporating ‘‘focal plane 

arrays’’ specified by ECCN 6A002.a.3.f 

and designed or modified to remove a 

frame rate restriction and allow the 

camera to exceed the frame rate 

specified in ECCN 6A003.b.4 Note 3.a), 

and ECCN 6D991 (software specially 

designed for the ‘‘use’’ of commodities 

controlled under ECCN 6A002.a.1.d). 

To address concerns regarding the 

lack of comprehensive software controls 

related to commodities controlled under 

ECCNs 6A002 and 6A003, as well as 

read-out integrated circuits in 6A990, 

this proposed rule would consolidate 

existing, unilateral software controls 

and would expand them to revise ECCN 

6D991 to also control software, not 

elsewhere specified, that is ‘‘specially 

designed’’ for the ‘‘development,’’ 

‘‘production,’’ or ‘‘use’’ of commodities 

controlled by ECCNs 6A002, 6A003, or 

6A990. In addition, this proposed rule 

would create ECCN 6D994 to control 

software, not elsewhere specified, that is 

‘‘specially designed’’ for the 

maintenance, repair, or overhaul of 

commodities controlled by ECCNs 

6A002, 6A003, or 6A990. Under this 

proposed rule, ECCNs 6D002 (for ECCN 

6A002.b commodities only), 6D003.c, 

6D991 (for ECCNs 6A002, 6A003, or 

6A990), and 6D994 would impose a 

worldwide RS control, which would be 

subject to the licensing policy described 

in § 742.6(a)(8). Also, this proposed rule 

would remove eligibility to use License 

Exception TSR for the software 

described above in ECCNs 6D002 and 

6D003. 

To prevent confusion over multiple 

ECCNs potentially controlling the same 

software, this proposed rule would add 

language to the Related Controls 

paragraphs of ECCNs 6D991 and 6D994 

to confirm that software currently 

controlled under ECCNs 6D002 and 

6D003.c would remain controlled under 

those provisions. To reflect this 

understanding, this proposed rule 

would also revise the Related Controls 

paragraphs of ECCNs 6D002 and 6D003 

to provide references to ECCNs 6D991 

and 6D994. Additionally, to ensure 

consistency of controls among ECCNs 

6D002, 6D003, 6D991, and 6D994, this 

proposed rule would establish a 

worldwide RS control for 6D002 

software ‘‘specially designed’’ for the 

‘‘use’’ of commodities controlled under 

6A002.b and for 6D003.c software. 

Revisions to ECCNs 6E001 and 6E002 

ECCNs 6E001 and 6E002 currently 

control ‘‘development’’ and 

‘‘production’’ technology, respectively, 

related to multiple ECCNs in Category 6, 

including items related to night vision 

in ECCNs 6A002 and 6A003. Since this 

proposed rule would expand the level of 

control for commodities in ECCNs 

6A002 and 6A003 by adding a 

worldwide RS control, this rule would 

also add a worldwide RS control for 

6E001 technology related to 

commodities controlled under ECCNs 

6A002 or 6A003. Similarly, this rule 

would add a worldwide RS control for 


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6E002 technology related to 

commodities controlled under ECCNs 

6A002 or 6A003. While this new RS 

control would remove the need to 

maintain an RS column 1 control for 

such technology, such level of control 

would remain for technology related to 

commodities controlled under ECCN 

6A008.j.1. License applications for 

ECCN 6E001 and 6E002 technology that 

are subject to the worldwide RS 

requirement would be subject to the 

licensing policy described in 

§ 742.6(b)(1)(iv). In addition, this 

proposed rule would remove eligibility 

for License Exception TSR for all 6E001 

or 6E002 technology related to 

commodities controlled under 6A002 or 

6A003, and this proposed rule would 

add guidance to the Related Controls 

paragraphs in ECCNs 6E001 and 6E002 

to provide clarity on technology 

controls related to satellites and focal 

plane arrays. 

Revisions to ECCN 6E990 

Since this rule proposes to revise the 

entry for read-out integrated circuits in 

ECCN 6A990, which would be subject to 

a worldwide RS control, this rule would 

also revise ECCN 6E990, which would 

apply to ‘‘development’’ and 

‘‘production’’ technology for such readout integrated circuits. To ensure 

consistency of control, this proposed 

rule would add a worldwide RS license 

requirement, as described in 

§ 742.6(a)(8), for such technology. 

Establishment of ECCN 6E994 

Since not all technology moving from 

USML Category XII to the CCL would be 

controlled under ECCN 6E615 or 7E611, 

this proposed rule would create new 

ECCN 6E994 to control technology 

required for the repair, maintenance, or 

overhaul of commodities controlled 

under ECCNs 6A002, 6A003, or 6A990. 

Such technology is not currently 

controlled under existing technology 

ECCNs in Category 6. Technology 

controlled under ECCN 6E994 would be 

subject to an RS control, which would 

impose a worldwide license 

requirement. License applications for 

6E994 technology would be reviewed on 

a case-by-case basis, as described in 

proposed § 742.6(b)(1)(ii). 

Detailed Description of Changes 

Proposed by This Rule—Establishment 

of ‘‘600 Series’’ for Military Fire 

Control, Range Finder, and Optical 

Equipment Under New ECCNs 6A615, 

6B615, 6D615, and 6E615 

This proposed rule would create new 

ECCN 6A615 to control fire control, 

range finder, and optical commodities 

that would be removed from the USML 

and would not be covered by an existing 

ECCN subject to controls for reasons 

other than Anti-Terrorism (AT) reasons. 

ECCN 6A615.a through .c controls light 

detection and ranging (LIDAR), laser 

detection and ranging (LADAR), or laser 

range-gated systems or equipment 

having a resolution (i.e., ground point 

spacing) less (better) than 0.4 m from an 

altitude above ground level of 16,500 ft. 

or greater, and incorporating a gimbalmounted transmitter or beam director; 

certain gimbals permanently configured 

to contain a camera payload operating 

exclusively in the visible spectrum (i.e., 

400 nm to 760 nm); and certain zinc 

selenide, zinc sulfide, germanium, or 

chalcogenide optics blanks. ECCN 

6A615.d through .g is proposed to 

control weapon sights, weapon aiming 

systems or equipment, and weapon 

imaging systems (e.g., clip-ons) or 

equipment having a peak response 

wavelength exceeding 700 nm but not 

exceeding 1,000 nm and not controlled 

under USML Category XII or ECCN 

0A987; targeting or target location 

systems or equipment incorporating or 

‘‘specially designed’’ to incorporate a 

laser rangefinder controlled in USML 

Category XII(b)(3); mobile 

reconnaissance, scout, or surveillance 

systems or equipment providing realtime target location and not controlled 

in USML Category XII; and certain 

combat vehicle, tactical wheeled 

vehicle, naval vessel, or aircraft pilotage 

systems or equipment. ECCN 6A615.h 

through .w are reserved. Paragraph .x is 

proposed to control ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity controlled 

by ECCN 6A615 (except 6A615.y) or a 

defense article in Category XII and not 

controlled elsewhere on the USML or in 

ECCNs 6A615.y or 3A611.y. Items 

controlled under 6A615 (excluding 

6A615.y) would be controlled for NS, 

RS, AT, and UN reasons. Paragraph .y 

controls specific ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

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

a commodity subject to control in ECCN 

6A615 and not elsewhere specified on 

the USML or in the CCL, as well as 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ ‘‘specially designed’’ 

therefor. No items are listed in 6A615.y 

under this proposed rule, but should 

any items be added, they would be 

subject to AT controls only. 

New ECCN 6B615 would control test, 

inspection, and production equipment 

and related commodities ‘‘specially 

designed’’ for the ‘‘development’’ or 

‘‘production’’ of commodities described 

in ECCN 6A615 or military fire control, 

range finder, and optical equipment 

described in USML Category XII. 

Paragraph .a would impose controls on 

test, inspection, and production 

equipment ‘‘specially designed’’ for 

items controlled in ECCN 6A615 

(excluding any items to be added to 

6A615.y) or USML Category XII that are 

not enumerated in USML Category XII 

or controlled by a ‘‘600 series’’ ECCN. 

Paragraph .b would control 

environmental test facilities ‘‘specially 

designed’’ for certification, 

qualification, or testing of commodities 

controlled in ECCN 6A615 (except 

6A615.y) or USML Category XII that are 

not enumerated in USML Category XII 

or a ‘‘600 series’’ ECCN. ECCN 6B615.c 

through .w would be reserved. 

Paragraph .x would control ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ that are ‘‘specially 

designed’’ for such test, inspection and 

production end items and equipment 

that are not enumerated on the USML or 

controlled by another ‘‘600 series’’ 

ECCN. Items in ECCN 6B615 would be 

controlled for NS, RS, AT, and UN 

reasons. 

New ECCN 6D615 would control 

software ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by 6A615 or 

6B615. Such software would be 

controlled for NS, RS, AT, and UN 

reasons, with the exception of any 

software that would be added to 

6D615.y, which would be controlled for 

AT reasons only. 

New ECCN 6E615 would control 

‘‘technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of items 

controlled by 6A615, 6B615, or 6D615. 

Such technology would be controlled 

for NS, RS, AT, and UN reasons, with 

the exception of any technology that 

would be added to 6E615.y, which 

would be controlled for AT reasons 

only. 

Detailed Description of Changes 

Proposed by This Rule—Revisions to 

the CCL for Guidance and Control 

Equipment 

Establishment of ‘‘600 Series’’ for 

Military Guidance and Control 

Equipment Under ECCNs 7A611, 7B611, 

7D611, and 7E611 

This proposed rule would establish a 

‘‘600 series’’ under ECCNs 7A611, 

7B611, 7D611, and 7E611 for military 

guidance and control equipment, 

software, and technology. Categories 6 

and 7 of the CCL currently control 

certain guidance and control equipment 


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that correlate to guidance and control 

equipment currently in USML Category 

XII. In order to ease understanding and 

use of this ‘‘600 series,’’ BIS is 

proposing to consolidate such controls 

under Category 7 rather than both 

Categories 6 and 7. However, should 

readers look for military guidance and 

control equipment, such as gravity 

meters (gravimeters), under Category 6, 

this proposed rule would amend ECCN 

6A611 to refer readers to Category 7 for 

such items. ECCN 6A611 was added to 

the CCL by a previously published final 

rule entitled Revisions to the Export 

Administration Regulations (EAR): 

Control of Military Electronic 

Equipment and Other Items the 

President Determines No Longer 

Warrant Control Under the United 

States Munitions List (USML), 79 FR 

37551 (July 1, 2014). Also, to assist 

readers in locating controls for 

navigation and avionics items ‘‘specially 

designed’’ for a military application, 

this proposed rule would move the 

current heading of ECCN 7A611 into the 

Related Controls paragraph of proposed 

ECCN 7A611. 

Under this proposed ‘‘600 series,’’ 

ECCN 7A611 would control military 

guidance and control equipment that 

would be removed from USML Category 

XII and that are not covered by an 

existing ECCN subject to controls for 

reasons other than Anti-Terrorism (AT) 

reasons. Paragraph .a would control 

guidance, navigation, or control systems 

‘‘specially designed’’ for a defense 

article enumerated on the USML or for 

a ‘‘600 series’’ ECCN and meeting any of 

the parameters described in 7A611.a.1 

through a.5. Paragraph .b would control 

inertial measurement units, inertial 

reference units, or attitude and heading 

reference systems ‘‘specially designed’’ 

for a defense article enumerated on the 

USML or for a ‘‘600 series’’ ECCN, and 

incorporating accelerometers controlled 

by 7A611.c.1 or certain gyros controlled 

by 7A611.d. Paragraph .c would control 

accelerometers ‘‘specially designed’’ for 

a defense article enumerated on the 

USML or for a ‘‘600 series’’ ECCN and 

meeting any of the parameters described 

in 7A611.c.1 through c.3. Paragraph .d 

would control gyros ‘‘specially 

designed’’ for a defense article 

enumerated on the USML or for a ‘‘600 

series’’ ECCN and meeting any of the 

parameters described in 7A611.d.1 

through d.3. Paragraph .e would control 

gravity meters (gravimeters) ‘‘specially 

designed’’ for a defense article 

enumerated on the USML or for a ‘‘600 

series’’ ECCN, and having automatic 

motion compensation and an accuracy 

of less (better) than 2 mGal and greater 

(worse) than 1 mGal. Paragraphs .f 

through .w would be reserved. 

Paragraph .x would control ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity controlled 

by ECCN 7A611 (except 7A611.y) or a 

guidance and control defense article in 

USML Category XII and not controlled 

elsewhere on the USML or in 7A611.y 

or 3A611.y. All items controlled under 

7A611 (excluding 7A611.y) would be 

controlled for NS, RS, AT, and UN 

reasons, while some of such items 

would also be controlled for MT 

reasons. Paragraph .y would control 

specific ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ 

‘‘specially designed’’ for a commodity 

subject to control in ECCN 7A611, or a 

guidance and control defense article in 

USML Category XII and not elsewhere 

specified on the USML or in the CCL, 

and ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ 

‘‘specially designed’’ therefor. No items 

would be listed in 7A611.y under this 

proposed rule, but should any items be 

added, they would be subject to AT 

controls only. 

New ECCN 7B611 would impose 

controls on test, inspection, and 

production equipment and related 

commodities ‘‘specially designed’’ for 

military guidance and control 

equipment. Paragraph .a would control 

such equipment ‘‘specially designed’’ 

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

repair, overhaul, or refurbishing of items 

controlled in ECCN 7A611 or guidance 

and control items in USML Category XII 

that are not enumerated in USML 

Category XII or controlled by a ‘‘600 

series’’ ECCN. Paragraph .b would 

control environmental test facilities 

‘‘specially designed’’ for certification, 

qualification, or testing of commodities 

controlled in ECCN 7A611 (except 

7A611.y) or guidance and control 

commodities in USML Category XII that 

are not enumerated in USML Category 

XII or a ‘‘600 series’’ ECCN. Paragraphs 

.c through .w are reserved. Paragraph .x 

would control parts, components, 

accessories, and attachments that are 

‘‘specially designed’’ for such test, 

inspection and production equipment 

that are not enumerated on the USML or 

controlled by another ‘‘600 series’’ 

ECCN. Items in ECCN 7B611 would be 

controlled for NS, RS, AT, and UN 

reasons, with some items also being 

controlled for MT reasons. 

New ECCN 7D611 would control 

software ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by 7A611 or 

equipment controlled by 7B611. Such 

software would be controlled for NS, 

RS, AT, and UN reasons, with some 

software also being controlled for MT 

reasons. Any software added to 7D611.y 

would be controlled for AT reasons 

only. ‘‘Development’’ and ‘‘production’’ 

software described in 7D611.a would 

not be eligible for License Exception 

STA. 

New ECCN 7E611 would control 

technology ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of items 

controlled by 7A611, 7B611, or 7D611. 

Such technology would be controlled 

for NS, RS, AT, and UN reasons, with 

some technology also being controlled 

for MT reasons. Any technology added 

to 7E611.y would be controlled for AT 

reasons only. ‘‘Development’’ and 

‘‘production’’ technology described in 

7E611.a would not be eligible for 

License Exception STA. 

Revisions to ECCNs 6A007 and 6A107 

ECCNs 6A007 and 6A107 currently 

control certain gravity meters 

(gravimeters) and gravity gradiometers. 

Under the State Department’s proposed 

rule, gravity meters and gravity 

gradiometers subject to the ITAR would 

be controlled under USML Category 

XII(d)(4) and (d)(5), respectively. 

Consequently, this proposed rule would 

add references to the Related Controls 

paragraphs of ECCNs 6A007 and 6A107 

to refer readers to Category XII(d)(4) and 

(d)(5), as well as to gravity meters 

controlled under proposed ECCN 

7A611. 

Revisions to ECCNs 7A001 and 7A101 

ECCN 7A001 currently controls linear 

accelerometers in ECCN 7A001.a and 

angular or rotational accelerometers in 

ECCN 7A001.b that meet the parameters 

identified in those provisions. These 

parameters serve as the threshold for 

control under the Wassenaar 

Arrangement List of Dual-Use Goods 

and Technologies. Under the State 

Department’s proposed rule, proposed 

Category XII(d)(2) identifies those 

parameters for accelerometers that 

would be subject to the ITAR. This 

proposed rule would add language to 

the Related Controls paragraph of ECCN 

7A001 to refer readers to Category 

XII(d)(2) to help ensure jurisdictional 

clarity. Additionally, this rule proposes 

to add a reference to ECCN 7A611 for 

accelerometers controlled under the 

new 600 series. 

ECCN 7A101 controls accelerometers 

other than those controlled under ECCN 

7A001. As with the amendment to 

ECCN 7A001, this proposed rule would 

also add language to the Related 


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Controls section of ECCN 7A101 to refer 

readers to the State Department’s 

Category XII(d)(2) for accelerometers 

subject to the ITAR and to ECCN 7A611 

for accelerometers controlled under the 

new 600 series. 

Revisions to ECCNs 7A002 and 7A102 

ECCN 7A002 controls gyros or angular 

rate sensors that meet the specifications 

set forth in the Wassenaar Arrangement 

List of Dual-Use Goods and 

Technologies. Under the State 

Department’s proposed rule, proposed 

Category XII(d)(3) identifies those gyros 

that would be subject to the ITAR and 

distinguishes them from gyros subject to 

the EAR that meet the parameters 

established by the Wassenaar 

Arrangement. As such, this proposed 

rule would amend the Related Controls 

paragraph of ECCN 7A002 to add a 

reference to gyros controlled under 

proposed Category XII(d)(3). For gyros 

and angular rate sensors proposed to be 

moved from Category XII to the new 600 

series, this rule proposes to add a 

reference to ECCN 7A611. 

ECCN 7A102 controls gyros, other 

than those controlled under ECCN 

7A002. As with the amendment to 

ECCN 7A002, this proposed rule would 

also add language to the Related 

Controls section of ECCN 7A102 to refer 

readers to the State Department’s 

Category XII(d)(3) for gyros subject to 

the ITAR and to ECCN 7A611 for gyros 

controlled under the new ‘‘600 series.’’ 

This rule would also add references to 

ECCNs 7A002 and 7A994. 

Revisions to ECCN 7A003 

ECCN 7A003 controls inertial 

measurement equipment or systems that 

meet the parameters set forth in the 

Wassenaar Arrangement List of DualUse Goods and Technologies. Largely 

using many of the parameters identified 

by Wassenaar, proposed Category 

XII(d)(1) sets the threshold for guidance 

or navigation systems to be subject to 

the ITAR. As a result, this proposed rule 

would amend the Related Controls 

paragraph of ECCN 7A003 to refer 

readers to Category XII(d)(1) for such 

systems. In addition, this rule proposes 

to add a reference to ECCN 7A611 for 

inertial measurement units, inertial 

reference units, or heading reference 

systems controlled under the new ‘‘600 

series.’’ 

Detailed Description of Changes 

Proposed by This Rule—Revisions to 

Other ECCNs 

Revisions to ECCN 0A987 

ECCN 0A987 currently controls 

specified optical sighting devices, and 

this proposed rule revises ECCN 

0A987.f to specify that the entry 

controls laser aiming devices or laser 

illuminators designed for use on 

firearms, and having an operational 

wavelength exceeding 400 nm but not 

exceeding 710 nm with an output power 

less than or equal to 5 mW. A proposed 

note to ECCN 0A987.f would further 

specify that the entry does not control 

laser boresighting devices that must be 

placed in the bore or chamber to 

provide a reference for aligning the 

firearms sights. This proposed rule 

would also provide jurisdictional 

guidance in the Related Controls 

paragraph to more clearly delineate 

jurisdiction between USML Category XII 

and ECCN 0A987. 

Revisions to ECCN 2A984 

ECCN 2A984 currently controls 

concealed object detection equipment 

that operates in the frequency range 

from 30 GHz to 3000 GHz and has a 

spatial resolution of 0.5 milliradians up 

to and including 1 milliradian at a 

standoff distance of 100 meters. Under 

the Department of State’s proposed 

revisions to USML Category XII, 

terahertz imaging equipment or systems 

having a peak response in the same 

frequency range but having a better 

resolution (i.e., resolution less than 0.5 

milliradians at a standoff range of 100 

meters) would be controlled under 

XII(c)(17). Consequently, this proposed 

rule would add a reference to Category 

XII(c)(17) of the Related Controls 

paragraph of ECCN 2A984. 

No items would move from the USML 

to ECCN 2A984 as a result of this 

proposed amendment. Rather, this 

proposed amendment helps establish a 

bright line to determine export control 

jurisdiction for these items. 

Revisions to ECCN 6A004 

ECCN 6A004 currently controls 

optical equipment and components, 

including gimbals meeting a number of 

parameters, including slew, bandwidth, 

angular pointing error, diameter, and 

angular acceleration. The Department of 

State proposes to control gimbals under 

Category XII(c) based on number of axes 

of active stabilization, minimum rootmean-square stabilization, and in some 

instances whether they are ‘‘specially 

designed’’ for items controlled under 

Category XII. Since the control 

parameters between ECCN 6A004 and 

Category XII(c) vary, this proposed rule 

would classify gimbals moving from the 

USML to the CCL under the 600 series 

ECCN 6A615. In addition, the proposed 

use of ECCN 6A615 over ECCN 6A004 

reflects the concern that the gimbals 

should be controlled for RS column 1 

reasons rather than national security 

(NS) column 2 reasons. To aid in 

properly determining jurisdiction and 

classification of gimbals, this proposed 

rule would amend the Related Controls 

paragraph of ECCN 6A004 to reference 

gimbals controlled under Category 

XII(c), gimbals controlled under new 

ECCN 6A615, and certain ‘‘space 

qualified’’ components subject to the 

ITAR. 

Revisions to ECCN 6A005 

ECCN 6A005 currently controls 

specified lasers, components and optical 

equipment. The Department of State’s 

proposed rule for Category XII would 

establish controls for lasers under 

XII(b)(9) through (b)(13) that largely 

follow the control parameters 

established by the Wassenaar 

Arrangement List of Dual-Use Goods 

and Technologies. Essentially, the 

current Wassenaar controls establish a 

baseline of controls with no upper limit 

to designate those lasers that are 

inherently military. Therefore, the State 

Department’s proposed rule amending 

Category XII would establish the upper 

threshold parameters for lasers subject 

to the ITAR. To reflect these parameters, 

this proposed rule would amend ECCN 

6A005 to provide corresponding 

references under the applicable Items 

subparagraph. For example, this 

proposed rule would add a note to 

tunable lasers having an output 

wavelength exceeding 1,400 nm 

controlled under ECCN 6A005.c.3.b to 

refer readers to tunable semiconductor 

lasers in the same wavelength parameter 

that are controlled under USML 

Category XII(b)(10). This proposed rule 

would add similar reference notes to 

ECCNs 6A005.d.1.a.2, d.1.b.3, d.1.d.1.d, 

d.1.d.2.d, and d.1.d.3.b. 

This proposed rule also proposes to 

revise the Related Controls paragraph of 

ECCN 6A005 to provide general 

references to lasers controlled under 

USML Category XII based on the 

parameters established by Wassenaar. 

Additionally, this proposed rule would 

add references in the Related Controls 

paragraph to XII(b)(9) for certain lasers 

for electronic combat systems controlled 

in Category XI, XII(b)(14) for 

developmental laser and laser systems 

funded by the Department of Defense, 

and XVIII for certain laser-based 

directed energy weapon items. 

Revisions to ECCN 6A008 

ECCN 6A008 currently controls radar 

systems, equipment, and assemblies, 

including certain laser detection and 

ranging (LADAR) and light detection 

and ranging (LIDAR) equipment under 

ECCN 6A008.j. The Department of 


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State’s proposed rule would control 

certain LIDAR, LADAR, and range-gated 

systems and equipment described in 

USML Category XII(b). Consequently, 

this proposed rule would amend the 

Related Controls paragraph of ECCN 

6A008 to add references to those 

provisions of Category XII. In addition, 

LIDAR, LADAR, and range-gated 

systems or equipment having a 

resolution less (better) than 0.4 m from 

an altitude above ground level of 16,500 

feet or greater, and incorporating a 

gimbal-mounted transmitter or beam 

director, would be moved from the 

USML to ECCN 6A615. This proposed 

rule would move these items to ECCN 

6A615 rather than ECCN 6A005 due to 

differences in control parameters 

between ECCNs 6A008 and 6A615. 

Accordingly, this proposed rule would 

also add a reference to ECCN 6A615 in 

the Related Controls section of ECCN 

6A008. 

Revisions to ECCN 7A005 

ECCN 7A005 currently controls 

specified Global Navigation Satellite 

Systems (GNSS) receiving equipment. 

No GNSS receiving equipment, 

including Global Position Satellite 

equipment, is proposed to move from 

the USML to the CCL as a result of the 

review of Category XII of the ITAR. 

However, this proposed rule proposes to 

amend the Related Controls section of 

ECCN 7A005 to use ‘‘GNSS’’ in place of 

‘‘GPS’’ and to provide a reference to 

Categories XI and XII, which are the 

USML locations of such receivers. 

Revisions to ECCN 8A002 

To reflect the expansion of the scope 

of § 744.9 to apply to 8A002.d.1.c and 

.d.2 items, this proposed rule would add 

an additional sentence regarding § 744.9 

to the Related Controls paragraph of 

8A002. 

Effects of This Proposed Rule 

De Minimis 

The April 16 (initial implementation) 

rule imposed certain unique de minimis 

requirements on items controlled under 

the new ‘‘600 series’’ ECCNs. Section 

734.3 of the EAR provides, inter alia, 

that under certain conditions, items 

made outside the United States that 

incorporate items subject to the EAR are 

not subject to the EAR if they do not 

exceed a de minimis percentage of 

controlled U.S.-origin content. Under 

the April 16 (initial implementation) 

rule, there is no de minimis eligibility 

for ‘‘600 series’’ items destined for 

countries subject to a U.S. arms 

embargo, but there is a 25% de minimis 

percentage for ‘‘600 series’’ items 

destined for all countries not subject to 

U.S. arms embargoes. The fire control, 

range finder, optical, and guidance and 

control items that would be subject to 

the EAR as a result of this proposed rule 

would become eligible for de minimis 

treatment, so long as they are not subject 

to the proposed restrictions described in 

§ 734.4(a)(5) for incorporation into 

foreign military commodities and are 

not destined for a country subject to a 

U.S. arms embargo. 

Use of License Exceptions 

Unless subject to the restrictions on 

the use of STA in § 740.20(b)(2), many 

of the fire control, range finder, optical, 

and guidance and control items 

described in this proposed rule would 

become eligible for several license 

exceptions, including STA, which 

would be available for exports to certain 

government agencies of NATO and 

other multi-regime allies. The exchange 

of information and statements required 

under STA is substantially less 

burdensome than the license 

application requirements currently 

required under the ITAR, as discussed 

in more detail in the ‘‘Regulatory 

Requirements’’ section of this proposed 

rule. Some items covered by this rule 

also would be eligible for the following 

license exceptions: LVS (limited value 

shipments), up to $1500, and RPL 

(servicing and parts replacement). 

Alignment With the Wassenaar 

Arrangement Munitions List. 

The Administration has stated since 

the beginning of the Export Control 

Reform Initiative that the reforms will 

be consistent with U.S. obligations to 

the multilateral export control regimes. 

Accordingly, the Administration will, in 

this proposed rule, exercise its national 

discretion to implement, clarify, and, to 

the extent feasible, align its controls 

with those of the regimes. USML 

Category XII encompasses multiple 

WAML categories, including ML 5 (e.g., 

fire control and range-finding systems), 

ML 11 (e.g., ‘‘guidance and navigation 

equipment’’), and ML 15 (e.g., imaging 

equipment). This proposed rule uses 

two of these categories—ML 15 

(‘‘[i]maging or countermeasure 

equipment . . . specially designed for 

military use, and specially designed 

components and accessories therefor’’) 

and ML 11 (‘‘electronic equipment 

specially designed for military use,’’ 

including ‘‘guidance and navigation 

equipment’’)—to add items moving from 

USML Category XII to the new 600 

series ECCNs ending in ‘‘15’’ and ‘‘11.’’ 

Request for Comments 

BIS seeks comments on this proposed 

rule. BIS will consider all comments 

received on or before July 6, 2015. All 

comments must be in writing and 

submitted via one or more of the 

methods listed under the ADDRESSES

caption to this notice. All comments 

(including any personal identifiable 

information or information for which a 

claim of confidentially is asserted either 

in those comments or their transmittal 

emails) will be available for public 

inspection and copying. Parties who 

wish to comment anonymously may do 

so by submitting their comments via 

www.regulations.gov, leaving the fields 

for information that would identify the 

commenter blank, and including no 

identifying information in the comment 

itself. 

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 

7, 2014, 79 FR 46959 (August 11, 2014) 

has continued the EAR in effect under 

the International Emergency Economic 

Powers Act. 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. 

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, distribute 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,’’ although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

the rule has been reviewed by the Office 

of Management and Budget (OMB). 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor is subject to a penalty 

for failure to comply with, a collection 

of information, subject to the 


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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 

OMB control number. This proposed 

rule would affect two approved 

collections: Simplified Network 

Application Processing + System 

(control number 0694–0088), which 

includes, among other things, license 

applications, and License Exceptions 

and Exclusions (0694–0137). 

As stated in the proposed rule 

published on July 15, 2011 (76 FR 

41958) (‘‘July 15 proposed rule’’), BIS 

initially believed that the combined 

effect of all rules to be published adding 

items to the EAR that will be removed 

from the ITAR as part of the 

administration’s Export Control Reform 

Initiative will increase the number of 

license applications to be submitted by 

approximately 16,000 annually. As the 

review of the USML has progressed, the 

interagency group has gained more 

specific information about the number 

of items that will come under BIS 

jurisdiction and whether those items 

would be eligible for export under 

license exception. As of June 21, 2012, 

BIS revised that estimate to an increase 

in license applications of 30,000 

annually, resulting in an increase in 

burden hours of 8,500 (30,000 

transactions at 17 minutes each) under 

control number 0694–0088. BIS 

continues to believe that its revised 

estimate is accurate. 

Some items formerly on the USML 

would become eligible for License 

Exception STA under this rule. As 

stated in the July 15 proposed rule, BIS 

believes that the increased use of 

License Exception STA resulting from 

the combined effect of all rules to be 

published adding items to the EAR that 

would be removed from the ITAR as 

part of the Administration’s Export 

Control Reform Initiative would 

increase the burden associated with 

control number 0694–0137 by about 

23,858 hours (20,450 transactions at 1 

hour and 10 minutes each). 

BIS expects that this increase in 

burden would be more than offset by a 

reduction in burden hours associated 

with approved collections related to the 

ITAR. This proposed rule addresses 

controls on fire control, range finder, 

optical, and guidance and control items. 

With few exceptions, most exports of 

such items, even when destined to 

NATO member states and other close 

allies, require State Department 

authorization. In addition, the exports of 

technology necessary to produce such 

items in the inventories of the United 

States and its NATO and other close 

allies require State Department 

authorizations. Under the EAR, as 

proposed, such technology would 

become eligible for export to NATO 

member states and other close allies 

under License Exception STA unless 

otherwise specifically excluded. Use of 

License Exception STA imposes a 

paperwork and compliance burden 

because, for example, exporters must 

furnish information about the item 

being exported to the consignee and 

obtain from the consignee an 

acknowledgement and commitment to 

comply with the EAR. However, the 

Administration believes that complying 

with the requirements of STA is likely 

less burdensome than applying for 

licenses. For example, under License 

Exception STA, a single consignee 

statement can apply to an unlimited 

number of products, need not have an 

expiration date, and need not be 

submitted to the government in advance 

for approval. Suppliers with regular 

customers can tailor a single statement 

and assurance to match their business 

relationship rather than applying 

repeatedly for licenses with every 

purchase order to supply reliable 

customers in countries that are close 

allies or members of export control 

regimes or both. 

This proposed rule would also require 

licenses for Canada for the following 

ECCNs that do not currently require a 

license for that destination: 6A002, 

6A990, 6D002 (for 6A002.b items), 

6D003.c, 6E001 (for 6A002 or 6A003 

items), 6E002 (for 6A002 or 6A003 

items), and 6E990. Further, this 

proposed rule would implement a 

worldwide license requirement for the 

following ECCNs that are currently 

controlled for anti-terrorism reasons or 

for new ECCNs that would control items 

currently designated as EAR99: 0E987; 

6D991 (for 6A002, 6A003, or 6A990); 

and 6E994. In addition, the items 

described in this paragraph would be 

ineligible for License Exception STA 

under this proposed rule. BIS 

anticipates that these proposed changes 

would increase the number of license 

applications submitted and the number 

of § 743.3 reports submitted under 

control number 0694–0137. However, 

these proposed changes would also 

apply to items moving from Category XII 

of the USML to the CCL, and the burden 

likely will be reduced for such items 

when comparing license requirements 

of the ITAR to those of the EAR. In 

particular, license applications for 

exports of technology transferred from 

the USML to the CCL are likely to be 

less complex and burdensome than the 

authorizations required to export ITARcontrolled technology, i.e., 

Manufacturing License Agreements and 

Technical Assistance Agreements. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132. 

4. The Regulatory Flexibility Act 

(RFA), as amended by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 5 U.S.C. 

601 et seq., generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to the notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

(5 U.S.C. 553) or any other statute, 

unless the agency certifies that the rule 

will not have a significant economic 

impact on a substantial number of small 

entities. Under section 605(b) of the 

RFA, however, if the head of an agency 

(or his or her designee) certifies that a 

rule will not have a significant impact 

on a substantial number of small 

entities, the statute does not require the 

agency to prepare a regulatory flexibility 

analysis. Pursuant to section 605(b), the 

Chief Counsel for Regulation, 

Department of Commerce, submitted a 

memorandum to the Chief Counsel for 

Advocacy, Small Business 

Administration, certifying that the 

November 28 (military electronics) rule 

would not have a significant impact on 

a substantial number of small entities. 

The rationale for that certification was 

set forth in the preamble to that 

proposed rule (77 FR 70945, 70950– 

70951, November 28, 2012). Although 

BIS received no comments on that 

rationale, and has accordingly made no 

changes to the proposed rule based on 

the RFA certification, BIS has 

determined that, in the interest of 

openness and transparency, it will 

briefly restate the rationale behind the 

certification here. 

This proposed rule is part of the 

Administration’s Export Control Reform 

Initiative, which seeks to revise the 

USML to a positive list—one that does 

not use generic, catch-all controls for 

items listed—and to move some items 

that the President has determined no 

longer merit control under the ITAR to 

control under the CCL. 

Although BIS does not collect data on 

the size of entities that apply for and are 

issued export licenses, and is therefore 

unable to estimate the exact number of 

small entities—as defined by the Small 

Business Administration’s regulations 

implementing the RFA—BIS 

acknowledges that some small entities 

may be affected by this proposed rule. 

The main effects on small entities 

resulting from this rule will be in 

application times, costs, and delays in 

receiving licenses to export goods 

subject to the CCL. However, while 


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small entities may experience some 

costs and time delays for exports due to 

the license requirements of the CCL, 

these costs and delays will likely be 

significantly less than they were for 

items previously subject to the USML. 

BIS believes that in fact this rule will 

result in significantly reduced 

administrative costs and delays for 

exports of items that will, upon this 

rule’s implementation, be subject to the 

EAR rather than the ITAR. Currently, 

USML applicants must pay to use the 

USML licensing procedure even if they 

never actually are authorized to export. 

Registration fees for manufacturers and 

exporters of articles on the USML start 

at $2,250 per year, increase to $2,750 for 

organizations applying for one to ten 

licenses per year and further increases 

to $2,750 plus $250 per license 

application (subject to a maximum of 

three percent of total application value) 

for those who need to apply for more 

than ten licenses per year. By contrast, 

BIS is statutorily prohibited from 

imposing licensing fees. In addition, 

exporters and reexporters of goods that 

would become subject to the EAR under 

this rule would need fewer licenses 

because their transactions would 

become eligible for license exceptions 

that were not available under the ITAR. 

Additionally, the ITAR controls parts 

and components even when they are 

incorporated—in any amount—into a 

foreign-made product. That limitation 

on the use of U.S.-made goods subject 

to the ITAR discouraged foreign 

manufacturers from importing U.S. 

goods. However, the EAR has a de 

minimis exception for U.S.- 

manufactured goods that are 

incorporated into foreign-made 

products. This exception may benefit 

small entities by encouraging foreign 

producers to use more U.S.-made items 

in their goods. 

Even where an exporter or reexporter 

would need to obtain a license under 

the EAR, that process is both cheaper 

and the process is more flexible than 

obtaining a license under the ITAR. For 

example, unlike the ITAR, the EAR does 

not require license applicants to provide 

BIS with a purchase order with the 

application, meaning that small (or any) 

entities can enter into negotiations or 

contracts for the sale of goods without 

having to caveat any sale presentations 

with a reference to the need to obtain a 

license under the ITAR before shipment 

can occur. Second, the EAR allows 

license applicants to obtain licenses to 

cover all expected exports or reexports 

to a particular consignee over the life of 

a license, rather than having to obtain a 

new license for every transaction. 

In short, BIS expects that the changes 

to the EAR proposed in this rule will 

have a positive effect on all affected 

entities, including small entities. While 

BIS acknowledges that this rule may 

have some cost impacts to small (and 

other) entities, those costs are more than 

offset by the benefits to the entities from 

the licensing procedures under the EAR, 

which are much less costly and less 

time consuming than the procedures 

under the ITAR. Accordingly, the Chief 

Counsel for Regulation for the 

Department of Commerce has certified 

that this rule, if implemented, will not 

have a significant economic impact on 

a substantial number of small entities. 

Accordingly, an initial regulatory 

flexibility analysis is not required, and 

none has been prepared. 

List of Subjects 

15 CFR Part 734 

Administrative practice and 

procedure, Exports, Inventions and 

patents, Research Science and 

technology. 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

15 CFR Part 772 

Exports. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, the Export Administration 

Regulations (15 CFR parts 730–774) are 

proposed to be amended as follows: 

PART 734—[AMENDED] 

■ 1. The authority citation for 15 CFR 

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 7, 2014, 79 FR 46959 (August 11, 

2014); Notice of November 7, 2014, 79 FR 

67035 (November 12, 2014). 

■ 2. Section 734.4 is amended by 

revising paragraph (a)(5) to read as 

follows: 

§ 734.4 De minimis U.S. content. 

(a) * * * 

(5) There is no de minimis level for 

foreign made military commodities 

described in ECCN 0A919.a.1. 

* * * * * 

PART 740—[AMENDED] 

■ 3. The authority citation for 15 CFR 

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 7, 2014, 79 

FR 46959 (August 11, 2014). 

■ 4. Section 740.2 is amended by 

revising paragraph (a)(7) as follows: 

§ 740.2 Restrictions on all license 

exceptions. 

(a) * * * 

(7) Technology for ‘‘production’’ of 

commodities defined in ECCNs 

6A002.a.2, 6A002.a.3, or 6A990 that is 

controlled under ECCNs 6E002 or 

6E990. 

* * * * * 

■ 5. Section 740.16 is amended by 

revising paragraphs (a)(2), (b)(2), and 

(b)(3) to read as follows: 

§ 740.16 Additional permissive reexports 

(APR). 

(a) * * * 

(2) The commodities being reexported 

are not controlled for NP, CB, MT, SI or 

CC reasons and are not military 

commodities described in ECCN 0A919; 

commodities described in 3A001.b.2 or 

b.3 (except those that are being 

reexported for use in civil 

telecommunications applications); or 

commodities described in ECCNs 

6A002, 6A003, or 6A990; and 

* * * * * 

(b) * * * 

(2) Except as provided in paragraph 

(b)(3) of this section, ‘‘military 

commodities’’ described in ECCN 

0A919 and commodities described in 

ECCNs 6A002, 6A003, or 6A990 or 

commodities described in ECCN 0A987 

incorporating an image intensifier tube, 

may not be reexported under this 

paragraph (b). 

(3) Cameras described in ECCNs 

6A003 may be exported or reexported to 

and among countries in Albania, 

Australia, Austria, Belgium, Bulgaria, 

Canada, Croatia, Cyprus, Czech 

Republic, Denmark, Estonia, Finland, 

France, Germany, Greece, Hungary, 

Iceland, Ireland, Italy, Japan, Latvia, 

Lithuania, Luxembourg, Malta, the 

Netherlands, New Zealand, Norway, 

Poland, Portugal, Romania, Slovakia, 

Slovenia, South Africa, South Korea, 


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Spain, Sweden, Switzerland, Turkey, 

and the United Kingdom if: 

(i) Such cameras are fully packaged 

for use as consumer ready civil 

products; or, 

(ii) Such cameras with not more than 

111,000 elements are to be embedded in 

civil products. 

■ 6. Section 740.20 is amended by 

revising paragraphs (b)(2)(ii) and 

(b)(2)(x), to read as follows: 

§ 740.20 License Exception Strategic 

Trade Authorization (STA). 

* * * * * 

(b) * * * 

(2) * * * 

(ii) License Exception STA may not be 

used for any item controlled under 

ECCNs 0A981, 0A982, 0A983, 0A985, 

0E982, or 0E987. 

* * * * * 

(x) License Exception STA may not be 

used for items controlled by ECCNs 

6A002; 6A990; 6D002 (software 

specially designed for the ‘‘use’’ of 

commodities controlled under 6A002.b); 

6D003.c; 6D991 (software ‘‘specially 

designed’’ for the ‘‘development,’’ 

‘‘production,’’ or ‘‘use’’ of commodities 

controlled under 6A002, 6A003, or 

6A990); 6D994; 6E001 (‘‘technology’’ for 

the ‘‘development’’ of commodities 

controlled under ECCNs 6A002 or 

6A003); 6E002 ‘‘technology’’ (for the 

‘‘production’’ of commodities controlled 

under ECCNs 6A002 or 6A003); 6E990; 

or 6E994. 

* * * * * 

PART 742—[AMENDED] 

■ 7. The authority citation for 15 CFR 

part 742 continues to read as follows: 

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

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

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

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

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

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

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

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

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

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

Comp., p. 783; Presidential Determination 

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

16, 2003; Notice of August 7, 2014, 79 FR 

46959 (August 11, 2014); Notice of November 

7, 2014, 79 FR 67035 (November 12, 2014). 

■ 8. Section § 742.6 is amended by: 

■ a. Adding paragraph (a)(8); and 

■ b. Revising paragraph (b)(1), to read as 

follows: 

§ 742.6 Regional stability. 

(a) * * * 

(8) Special worldwide RS license 

requirement for specified items 

controlled in Category 0 or 6. A license 

is required to export or reexport the 

following items to all destinations, 

including Canada: 

(i) ‘‘Technology’’ controlled under 

ECCN 0E987; 

(ii) All commodities controlled under 

ECCNs 6A002; 

(iii) All commodities controlled under 

ECCN 6A990; 

(iv) ‘‘Software’’ controlled under 

ECCN 6D002 for the ‘‘use’’ of 

commodities controlled under 6A002.b; 

(v) ‘‘Software’’ controlled under ECCN 

6D003.c; 

(vi) ‘‘Software’’ controlled under 

ECCN 6D991 for the ‘‘development,’’ 

‘‘production,’’ or ‘‘use’’ of commodities 

controlled under ECCNs 6A002, 6A003, 

or 6A990; 

(vii) ‘‘Software’’ controlled under 

ECCN 6D994; 

(viii) ‘‘Technology’’ controlled under 

ECCN 6E001 for the ‘‘development’’ of 

commodities controlled under 6A002 or 

6A003; 

(ix) ‘‘Technology’’ controlled under 

ECCN 6E002 for the ‘‘production’’ of 

commodities controlled under 6A002 or 

6A003; 

(x) ‘‘Technology’’ controlled under 

6E990; and 

(xi) ‘‘Technology’’ controlled under 

ECCN 6E994. 

(b) Licensing policy.—(1) Licensing 

policy for RS Column 1 items or items 

subject to worldwide RS control. 

(i) Applications for exports and 

reexports of 9x515 and ‘‘600 series’’ 

items will be reviewed on a case-by-case 

basis to determine whether the 

transaction is contrary to the national 

security or foreign policy interests of the 

United States, including the foreign 

policy interest of promoting the 

observance of human rights throughout 

the world. Applications for export or 

reexport of items classified under any 

9x515 or ‘‘600 series’’ ECCN requiring a 

license in accordance with paragraph 

(a)(1) of this section will also be 

reviewed consistent with United States 

arms embargo policies in § 126.1 of the 

ITAR if destined to a country set forth 

in Country Group D:5 in Supplement 

No. 1 to part 740 of the EAR. 

Applications for export or reexport of 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

‘‘attachments,’’ ‘‘software,’’ or 

‘‘technology’’ ‘‘specially designed’’ or 

otherwise required for the F–14 aircraft 

will generally be denied. When destined 

to the People’s Republic of China or a 

country listed in Country Group E:1 in 

Supplement No. 1 to Part 740 of the 

EAR, items classified under any 9x515 

ECCN will be subject to a policy of 

denial. 

(ii) Applications for exports and 

reexports described in paragraphs (a)(1), 

(a)(2), (a)(6), (a)(7), (a)(8)(ii), (a)(8)(iii), 

(a)(8)(vii), and (a)(8)(xi) of this section 

will be reviewed on a case-by-case basis 

to determine whether the export or 

reexport could contribute directly or 

indirectly to any country’s military 

capabilities in a manner that would alter 

or destabilize a region’s military balance 

contrary to the foreign policy interests 

of the United States. 

(iii) The following applications will 

be reviewed applying the policies for 

similar items that are subject to the 

International Traffic in Arms 

Regulations (22 CFR parts 120–130): 

(A) Reexports of items described in 

paragraph (a)(3) of this section; 

(B) Exports or reexports of items 

described in paragraph (a)(8) of this 

section to military end users described 

in § 744.9(d); and 

(C) Exports or reexports of 

commodities described in paragraphs 

(a)(8)(ii) and (a)(8)(iii) of this section or 

in ECCN 6A003.b for incorporation into 

a ‘‘military commodity’’ controlled by 

ECCN 0A919. 

(iv) Applications for exports or 

reexports of software or technology 

described in paragraphs (a)(8)(i), 

(a)(8)(iv), (a)(8)(v), (a)(8)(vi), (a)(8)(viii), 

and (a)(8)(x) will be reviewed with a 

presumption of denial. There is also a 

presumption of denial for technology 

described in paragraph (a)(8)(ix), unless 

it is ‘‘build-to-print technology’’ that is 

required for integration, mounting, 

inspection, testing, or quality assurance 

(e.g., necessary to meet International 

Standards Organization (ISO) 

certification), which will be reviewed 

on a case-by-case basis. 

* * * * * 

PART 744—[AMENDED] 

■ 9. The authority citation for 15 CFR 

part 744 continues to read as follows: 

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

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

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

U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 

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

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

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

12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 

356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 

Comp., p. 228; E.O. 13099, 63 FR 45167, 3 

CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; E.O. 

13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 

786; Notice of August 7, 2014, 79 FR 46959 

(August 11, 2014); Notice of September 17, 

2014, 79 FR 56475 (September 19, 2014); 

Notice of November 7, 2014, 79 FR 67035 

(November 12, 2014); Notice of January 21, 

2015, 80 FR 3461 (January 22, 2015). 

■ 10. Section 744.9 is amended by 

revising the heading and paragraphs (a) 

and (b) to read as follows: 


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§ 744.9 Restrictions on certain exports and 

reexports of certain cameras, systems, or 

equipment. 

(a) General prohibitions. In addition 

to the applicable license requirements 

for national security, regional stability, 

anti-terrorism and United Nations 

embargo reasons in §§ 742.4, 742.6, 

742.8, 746.3, and 746.8 of the EAR, a 

license is required to export, reexport, 

or transfer (in-country) to any 

destination commodities described in 

ECCNs 0A987 (incorporating 

commodities controlled by ECCNs 

6A002 or 6A003, or commodities 

controlled by 6A993.a that meet the 

criterion of Note 3.a to 6A003.b.4), 

6A002, 6A003, 6A990, or 6A993.a 

(having a maximum frame rate equal to 

or less than 9 Hz and thus meeting the 

criteria of Note 3.a to 6A003.b.4), 

8A002.d.1.c, or 8A002.d.2 if at the time 

of export, reexport, or transfer, the 

exporter, reexporter, or transferor knows 

or is informed, or is unable to determine 

whether the item will be or is intended 

to be: 

(1) Used by a ‘‘military end-user,’’ as 

defined in paragraph (d) of this section; 

or 

(2) Incorporated into a ‘‘military 

commodity’’ controlled by ECCN 

0A919. 

(b) Additional prohibition on 

exporters or reexporters informed by 

BIS. BIS may inform an exporter, 

reexporter, or transferor, either 

individually by specific notice or 

through amendment to the EAR, that a 

license is required for the export, 

reexport, or transfer of commodities 

described in ECCNs 0A987 

(incorporating commodities controlled 

by ECCNs 6A002 or 6A003, or 

commodities controlled by 6A993.a that 

meet the criterion of Note 3.a to 

6A003.b.4), 6A002, 6A003, 6A990, or 

6A993.a (having a maximum frame rate 

equal to or less than 9 Hz and thus 

meeting the criteria of Note 3.a to 

6A003.b.4), 8A002.d.1.c, or 8A002.d.2 

to specified end users, because BIS has 

determined that there is an 

unacceptable risk of diversion to the 

users or unauthorized incorporation 

into the ‘‘military commodities’’ 

described in paragraph (a) of this 

section. Specific notice is to be given 

only by, or at the direction of, the 

Deputy Assistant Secretary for Export 

Administration. When such notice is 

provided orally, it will be followed by 

a written notice within two working 

days signed by the Deputy Assistant 

Secretary for Export Administration. 

* * * * * 

PART 772—[AMENDED] 

■ 11. 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 

7, 2014, 79 FR 46959 (August 11, 2014). 

■ 12. Section 772.1 is amended by 

adding a definition for ‘‘permanent 

encapsulated sensor assembly’’ in 

alphabetical order to read as follows: 

§ 772.1 Definitions of terms as used in the 

Export Administration Regulations (EAR). 

* * * * * 

Permanent encapsulated sensor 

assembly. (Cat 6) A permanent 

encapsulated sensor assembly (e.g. 

sealed enclosure, vacuum package) 

containing an infra-red focal plane array 

(IRFPA) that prevents direct access to 

the IRFPA, disassembly of the sensor 

assembly, and removal of the IRFPA 

without destruction or damage to the 

IRFPA. 

* * * * * 

PART 774—[AMENDED] 

■ 13. 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 7, 2014, 79 

FR 46959 (August 11, 2014). 

Supplement No. 1 to Part 774 

[Amended] 

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

Category 0, ECCN 0A919 is amended by 

revising the Items paragraph of the List 

of Items Controlled section to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0A919 ‘‘Military commodities’’ located and 

produced outside the United States as 

follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. ‘‘Military commodities’’ produced and 

located outside the United States that are not 

subject to the International Traffic in Arms 

Regulations (22 CFR parts 120–130) and 

having any of the following characteristics: 

a.1. Incorporate one or more commodities 

classified under ECCNs 6A002, 6A003, 

6A990, or 6A993.a (having a maximum frame 

rate equal to or less than 9 Hz and thus 

meeting the criterion of Note 3.a to 

6A003.b.4); 

a.2. Incorporate more than a de minimis 

amount of U.S.-origin ‘‘600 series’’ controlled 

content (see § 734.4 of the EAR); or 

a.3. Are direct products of U.S.-origin ‘‘600 

series’’ technology or software (see 

§ 736.2(b)(3) of the EAR). 

b. [Reserved] 

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

Category 0, ECCN 0A987 is amended by: 

■ a. Revising the Related Controls 

paragraph in the List of Items Controlled 

section; 

■ b. Revising paragraph f. in the Items 

paragraph in the List of Items Controlled 

section; and 

■ c. Adding a note to 0A987.f, to read 

as follows: 

0A987 Optical sighting devices for firearms 

(including shotguns controlled by 

0A984); and ‘‘components’’ as follows 

(See List of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: (1) Sighting devices 

operating outside the visible spectrum, as 

enumerated in USML Category XII, or laser 

aiming or laser illumination equipment not 

specified in 0A987.f are subject to the 

ITAR. (2) Section 744.9 imposes a license 

requirement on certain commodities 

described in 0A987 if being exported, 

reexported, or transferred (in-country) for 

use by a military end-user or for 

incorporation into an item controlled by 

ECCN 0A919. 

* * * * * 

Items: 

* * * * * 

f. Laser aiming devices or laser 

illuminators designed for use on firearms, 

and having an operational wavelength 

exceeding 400 nm but not exceeding 710 nm 

with an output power less than or equal to 

5 mW. 

Note: 0A987.f does not control laser 

boresighting devices that must be placed in 

the bore or chamber to provide a reference 

for aligning the firearms sights. 

* * * * * 

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

Category 0, add ECCN 0E987 between 

ECCN 0E984 and EAR99, to read as 

follows: 

0E987 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ or ‘‘production’’ of 

commodities controlled by 0A987 that 

incorporate a focal plane array or image 

intensifier tube. 

License Requirements 

Reason for Control: RS, AT. 


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Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

RS applies to entire 

entry.

A license is required 

to export and reexport these items to 

all countries, including Canada. A column specific to this 

control does not appear on the Commerce Country 

Chart. (see 

§ 742.6(a)(8)). 

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. 

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

Category 2, ECCN 2A984 is amended by 

adding Note 4 to the end of the Related 

Controls paragraph in the List of Items 

Controlled section, to read as follows: 

2A984 Concealed object detection 

equipment operating in the frequency 

range from 30 GHz to 3000 GHz and 

having a spatial resolution of 0.5 

milliradian up to and including 1 

milliradian at a standoff distance of 100 

meters; and ‘‘parts’’ and ‘‘components,’’ 

n.e.s. 

* * * * * 

List of Items Controlled 

Related Controls: *** (4) See USML Category 

XII(c)(17) for terahertz imaging equipment 

or systems having a peak response in the 

frequency range exceeding 30 GHz but not 

exceeding 3000 GHz and having a 

resolution less (better) than 0.5 

milliradians at a standoff range of 100 m. 

* * * * * 

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

Category 6, ECCN 6A002 is amended by: 

■ a. Revising the Control(s) table in the 

License Requirements section; 

■ b. Removing the ‘‘Special Conditions 

for STA’’ section; 

■ c. Revising the Related Controls 

paragraph in the List of Items Controlled 

section; 

■ d. Revising paragraphs a.2 and a.3 in 

the Items paragraph of the List of Items 

Controlled section. The revisions to read 

as follows: 

6A002 Optical sensors and equipment and 

‘‘components’’ therefor, as follows (see 

List of Items Controlled). 

License Requirements 

* * * * * 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NS applies to entire 

entry.

NS Column 2. 

MT applies to optical 

detectors in 

6A002.a.1 or a.3 

that are ‘‘specially 

designed’’ or modified to protect 

‘‘missiles’’ against 

nuclear effects 

(e.g., Electromagnetic Pulse 

(EMP), X-rays, 

combined blast and 

thermal effects), 

and usable for 

‘‘missiles’’.

MT Column 1. 

RS applies to entire 

entry.

A license is required 

to export and reexport these items to 

all countries, including Canada. A column specific to this 

control does not appear on the Commerce Country 

Chart. (See 

§ 742.6(a)(8)). 

CC applies to policemodel infrared 

viewers in 6A002.c.

CC Column 1. 

AT applies to entire 

entry.

AT Column 1. 

UN applies to 

6A002.a.1, a.2, a.3 

and c.

See § 746.1(b) for UN 

controls. 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: (1) The following 

commodities are ‘‘subject to the ITAR’’ (see 

22 CFR parts 120 through 130): (a) ‘‘Image 

intensifiers’’ defined in 6A002.a.2 and 

‘‘focal plane arrays’’ defined in 6A002.a.3 

‘‘specially designed,’’ modified, or 

configured for military use and not part of 

civil equipment; (b) ‘‘Space qualified’’ 

solid-state detectors defined in 6A002.a.1, 

‘‘space qualified’’ imaging sensors (e.g., 

‘‘monospectral imaging sensors’’ and 

‘‘multispectral imaging sensors’’) defined 

in 6A002.b.2.b.1, and ‘‘space qualified’’ 

cryocoolers defined in 6A002.d.1, unless, 

on or after September 23, 2002, the 

Department of State issues a commodity 

jurisdiction determination indicating the 

commodity is subject to the EAR. (2) See 

also ECCNs 6A102, 6A202, and 6A992. (3) 

See ECCN 0A919 for foreign-made military 

commodities that incorporate commodities 

described in 6A002. (4) Section 744.9 

imposes a license requirement on 

commodities described in ECCN 6A002 if 

being exported, reexported, or transferred 

(in-country) for use by a military end-user 

or for incorporation into an item controlled 

by ECCN 0A919. (5) Image intensifier tubes 

described in ECCN 6A002.a.2 that are 

second generation image intensification 

tubes are ‘‘subject to the ITAR.’’ (6) See the 

Related Controls paragraphs to ECCNs 

6E001 and 6E002 for controls on 

technology for the ‘‘development’’ or 

‘‘production’’ of focal plane arrays in a 

‘‘permanent encapsulated sensor 

assembly’’ subject to the EAR. 

* * * * * 

Items: 

a. * * * 

a.1. * * * 

a.2. Image intensifier tubes and ‘‘specially 

designed’’ ‘‘components’’ therefor, as follows: 

Note 1: Image intensifier tubes described in 

6A002.a.2 having a luminous sensitivity 

exceeding 500 microamps per lumen are 

‘‘subject to the ITAR.’’ 

Note 2: 6A002.a.2 does not control nonimaging photomultiplier tubes having an 

electron sensing device in the vacuum space 

limited solely to any of the following: 

a. A single metal anode; or 

b. Metal anodes with a center to center 

spacing greater than 500 mm. 

Technical Note: ‘Charge multiplication’ is 

a form of electronic image amplification and 

is defined as the generation of charge carriers 

as a result of an impact ionization gain 

process. ’Charge multiplication’ sensors may 

take the form of an image intensifier tube, 

solid state detector or ‘‘focal plane array.’’ 

a.2.a. Image intensifier tubes having all of 

the following: 

a.2.a.1. A peak response in the wavelength 

range exceeding 400 nm but not exceeding 

1,050 nm; 

a.2.a.2. Electron image amplification using 

any of the following: 

a.2.a.2.a. A microchannel plate with a hole 

pitch (center-to-center spacing) of 12 mm or 

less; or 

a.2.a.2.b. An electron sensing device with 

a non-binned pixel pitch of 500 mm or less, 

‘‘specially designed’’ or modified to achieve 

‘charge multiplication’ other than by a 

microchannel plate; and 

a.2.a.3. Any of the following 

photocathodes: 

a.2.a.3.a. Multialkali photocathodes (e.g., 

S–20 and S–25) having a luminous 

sensitivity exceeding 350 mA/lm; 

a.2.a.3.b. GaAs or GaInAs photocathodes; 

or 

a.2.a.3.c. Other ‘‘III–V compound’’ 

semiconductor photocathodes having a 

maximum ‘‘radiant sensitivity’’ exceeding 10 

mA/W; 

a.2.b. Image intensifier tubes having all of 

the following: 

a.2.b.1. A peak response in the wavelength 

range exceeding 1,050 nm but not exceeding 

1,800 nm; 

a.2.b.2. Electron image amplification using 

any of the following: 

a.2.b.2.a. A microchannel plate with a hole 

pitch (center-to-center spacing) of 12 mm or 

less; or 

a.2.b.2.b. An electron sensing device with 

a non-binned pixel pitch of 500 mm or less, 

‘‘specially designed’’ or modified to achieve 

‘charge multiplication’ other than by a 

microchannel plate; and 

a.2.b.3. ‘‘III/V compound’’ semiconductor 

(e.g., GaAs or GaInAs) photocathodes and 

transferred electron photocathodes, having a 

maximum ‘‘radiant sensitivity’’ exceeding 15 

mA/W; 

a.2.c. ‘‘Specially designed’’ ‘‘components’’ 

as follows: 


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a.2.c.1. Microchannel plates having a hole 

pitch (center-to-center spacing) of 12 mm or 

less; 

a.2.c.2. An electron sensing device with a 

non-binned pixel pitch of 500 mm or less, 

‘‘specially designed’’ or modified to achieve 

‘charge multiplication’ other than by a 

microchannel plate; 

a.2.c.3. ‘‘III–V compound’’ semiconductor 

(e.g., GaAs or GaInAs) photocathodes and 

transferred electron photocathodes; 

Note: 6A002.a.2.c.3 does not control 

compound semiconductor photocathodes 

designed to achieve a maximum ‘‘radiant 

sensitivity’’ of any of the following: 

a. 10 mA/W or less at the peak response 

in the wavelength range exceeding 400 nm 

but not exceeding 1,050 nm; or 

b. 15 mA/W or less at the peak response 

in the wavelength range exceeding 1,050 nm 

but not exceeding 1,800 nm. 

a.3. Non-‘‘space-qualified’’ ‘‘focal plane 

arrays’’ as follows: 

N.B.: ‘Microbolometer’ non-‘‘spacequalified’’ ‘‘focal plane arrays’’ are only 

specified by 6A002.a.3.f. 

Technical Note: Linear or two-dimensional 

multi-element detector arrays are referred to 

as ‘‘focal plane arrays’’; 

Note 1: 6A002.a.3 includes 

photoconductive arrays and photovoltaic 

arrays. 

Note 2: 6A002.a.3 does not control: 

a. Multi-element (not to exceed 16 

elements) encapsulated photoconductive 

cells using either lead sulphide or lead 

selenide; 

b. Pyroelectric detectors using any of the 

following: 

b.1. Triglycine sulphate and variants; 

b.2. Lead-lanthanum-zirconium titanate 

and variants; 

b.3. Lithium tantalate; 

b.4. Polyvinylidene fluoride and variants; 

or 

b.5. Strontium barium niobate and 

variants. 

c. ‘‘Focal plane arrays’’ ‘‘specially 

designed’’ or modified to achieve ‘charge 

multiplication’ and limited by design to have 

a maximum ‘‘radiant sensitivity’’ of 10 mA/ 

W or less for wavelengths exceeding 760 nm, 

having all of the following: 

c.1. Incorporating a response limiting 

mechanism designed not to be removed or 

modified; and 

c.2. Any of the following: 

c.2.a. The response limiting mechanism is 

integral to or combined with the detector 

element; or 

c.2.b. The ‘‘focal plane array’’ is only 

operable with the response limiting 

mechanism in place. 

Note 3: Focal plane arrays described in 

6A002.a.3 that are not in a ‘‘permanent 

encapsulated sensor assembly’’ subject to the 

EAR are ‘‘subject to the ITAR.’’ 

Technical Note: A response limiting 

mechanism integral to the detector element 

is designed not to be removed or modified 

without rendering the detector inoperable. 

a.3.a. Non-‘‘space-qualified’’ ‘‘focal plane 

arrays’’ having all of the following: 

a.3.a.1. Individual elements with a peak 

response within the wavelength range 

exceeding 900 nm but not exceeding 1,050 

nm; and 

a.3.a.2. Any of the following: 

a.3.a.2.a. A response ‘‘time constant’’ of 

less than 0.5 ns; or 

a.3.a.2.b. ‘‘Specially designed’’ or modified 

to achieve ‘charge multiplication’ and having 

a maximum ‘‘radiant sensitivity’’ exceeding 

10 mA/W; 

a.3.b. Non-‘‘space-qualified’’ ‘‘focal plane 

arrays’’ having all of the following: 

a.3.b.1. Individual elements with a peak 

response in the wavelength range exceeding 

1,050 nm but not exceeding 1,200 nm; and 

a.3.b.2. Any of the following: 

a.3.b.2.a. A response ‘‘time constant’’ of 95 

ns or less; or 

a.3.b.2.b. ‘‘Specially designed’’ or modified 

to achieve ‘charge multiplication’ and having 

a maximum ‘‘radiant sensitivity’’ exceeding 

10 mA/W; 

a.3.c. Non-‘‘space-qualified’’ non-linear (2- 

dimensional) ‘‘focal plane arrays’’ having 

individual elements with a peak response in 

the wavelength range exceeding 1,200 nm but 

not exceeding 30,000 nm; 

N.B.: Silicon and other material based 

‘microbolometer’ non-‘‘space-qualified’’ 

‘‘focal plane arrays’’ are only specified by 

6A002.a.3.f. 

a.3.d. Non-‘‘space-qualified’’ linear (1- 

dimensional) ‘‘focal plane arrays’’ having all 

of the following: 

a.3.d.1. Individual elements with a peak 

response in the wavelength range exceeding 

1,200 nm but not exceeding 3,000 nm; and 

a.3.d.2. Any of the following: 

a.3.d.2.a. A ratio of ‘scan direction’ 

dimension of the detector element to the 

‘cross-scan direction’ dimension of the 

detector element of less than 3.8; or 

a.3.d.2.b. Signal processing in the detector 

elements; 

Note: 6A002.a.3.d does not control ‘‘focal 

plane arrays’’ (not to exceed 32 elements) 

having detector elements limited solely to 

germanium material. 

Technical Note: For the purposes of 

6A002.a.3.d, ‘cross-scan direction’ is defined 

as the axis parallel to the linear array of 

detector elements and the ‘scan direction’ is 

defined as the axis perpendicular to the 

linear array of detector elements. 

a.3.e. Non-‘‘space-qualified’’ linear (1- 

dimensional) ‘‘focal plane arrays’’ having 

individual elements with a peak response in 

the wavelength range exceeding 3,000 nm but 

not exceeding 30,000 nm; 

a.3.f. Non-‘‘space-qualified’’ non-linear (2- 

dimensional) infrared ‘‘focal plane arrays’’ 

based on ‘microbolometer’ material having 

individual elements with an unfiltered 

response in the wavelength range equal to or 

exceeding 8,000 nm but not exceeding 14,000 

nm; 

Technical Note: For the purposes of 

6A002.a.3.f, ‘microbolometer’ is defined as a 

thermal imaging detector that, as a result of 

a temperature change in the detector caused 

by the absorption of infrared radiation, is 

used to generate any usable signal. 

a.3.g. Non-‘‘space-qualified’’ ‘‘focal plane 

arrays’’ having all of the following: 

a.3.g.1. Individual detector elements with a 

peak response in the wavelength range 

exceeding 400 nm but not exceeding 900 nm; 

a.3.g.2. ‘‘Specially designed’’ or modified 

to achieve ‘charge multiplication’ and having 

a maximum ‘‘radiant sensitivity’’ exceeding 

10 mA/W for wavelengths exceeding 760 nm; 

and 

a.3.g.3. Greater than 32 elements; 

* * * * * 

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

Category 6, ECCN 6A003 is amended by: 

■ a. Revising note 5 in the Related 

Controls paragraph in the List of items 

Controlled section; and 

■ b. Adding note 6 to the Related 

Controls paragraph in the List of items 

Controlled section, to read as follows: 

6A003 Cameras, systems or equipment, 

and ‘‘components’’ therefor, as follows 

(see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: * * * (5) Section 744.9 

imposes a license requirement on cameras 

described in 6A003 if being exported, 

reexported, or transferred (in-country) for 

use by a military end-user or for 

incorporation into a commodity controlled 

by ECCN 0A919. (6) See USML Category 

XII(c) for cameras ‘‘subject to the ITAR.’’ 

* * * * * 

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

Category 6, ECCN 6A004 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section to 

read as follows: 

6A004 Optical equipment and 

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

Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: (1) For optical mirrors or 

‘aspheric optical elements’ ‘‘specially 

designed’’ for lithography ‘‘equipment,’’ 

see ECCN 3B001. (2) See USML Category 

XII(c) for gimbals ‘‘subject to the ITAR.’’ (3) 

See ECCN 6A615.b for gimbals containing 

a camera payload operating exclusively in 

the visible spectrum (i.e., 400 nm to 760 

nm). (4) ‘‘Space qualified’’ components for 

optical systems defined in 6A004.c and 

optical control equipment defined in 

6A004.d.1 are ‘‘subject to the ITAR.’’ (5) 

See also 6A994. 

* * * * * 

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

Category 6, ECCN 6A005 is amended by: 

■ a. Revising the Related Controls 

paragraph in the List of Items Controlled 

section; and 

■ b. Adding Notes to paragraphs c.3.b, 

d.1.a.2, d.1.b.3, d.1.d.1.d, d.1.d.2.d, and 

d.1.d.3.b in the Items paragraph of the 

List of Items Controlled section, to 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 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules 25813 

of the Nuclear Regulatory Commission 

(see 10 CFR part 110). 

* * * * * 

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) See USML Category 

XII(b)(10) for certain tunable 

semiconductor lasers. (7) See USML 

Category XII(b)(11) for certain non-tunable 

single transverse mode semiconductor 

lasers. (8) See USML Category XII(b)(12) for 

certain non-tunable multiple transverse 

mode semiconductor lasers. (9) See USML 

Category XII(b)(13) for certain laser stacked 

arrays. (10) See USML Category XII(b)(9) 

for certain lasers for electronic combat 

systems controlled in USML Category XI. 

(11) See USML Category XII(b)(14) for 

developmental laser and laser systems 

funded by the Department of Defense. (12) 

See USML Category XVIII for certain laserbased directed energy weapon systems, 

equipment, and components. 

Related Definitions: * * * 

Items: 

* * * * * 

c. * * * 

c.3. * * * 

c.3.b. * * * 

Note: See USML Category XII(b)(10) for 

tunable semiconductor lasers having an 

output wavelength exceeding 1,400 nm and 

an output power greater than 1 W. 

* * * * * 

d. * * * 

d.1. * * * 

d.1.a. * * * 

d.1.a.2. * * * 

Note: See USML Category XII(b)(11) for 

non-tunable single transverse mode 

semiconductor lasers having an output 

wavelength exceeding 1,510 nm and either 

an average output power or continuous wave 

(CW) output power greater than 2 W. 

* * * * * 

d.1.b. * * * 

d.1.b.3. * * * 

Note: See USML Category XII(b)(12) for 

non-tunable multiple transverse mode 

semiconductor lasers having an output 

wavelength exceeding 1,900 nm and either 

an average output power or CW output power 

greater than 2 W. 

* * * * * 

d.1.d. * * * 

d.1.d.1. * * * 

d.1.d.1.d. * * * 

Note: See USML Category XII(b)(13)(i) for 

laser stacked arrays having an output 

wavelength less than 1,400 nm and a peak 

pulsed power density greater than 3,300 W/ 

cm2. 

* * * * * 

d.1.d.2. * * * 

d.1.d.2.d. * * * 

Note: See USML Category XII(b)(13)(ii) for 

laser stacked arrays having an output 

wavelength exceeding 1,400 nm but less than 

1,900 nm and a peak pulsed power density 

greater than 700 W/cm2. 

* * * * * 

d.1.d.3. * * * 

d.1.d.3.b. * * * 

Note: See USML Category XII(b)(13)(iii) for 

laser stacked arrays having an output 

wavelength exceeding 1,900 nm and a peak 

pulsed power density greater than 70 W/cm2. 

See also USML Category XII(b)(13)(iv) for 

laser stacked arrays having an output 

wavelength exceeding 1,900 nm, and either 

an average output power or CW output power 

greater than 20 W. 

* * * * * 

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

Category 6, ECCN 6A007 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section, 

to read as follows: 

6A007 Gravity meters (gravimeters) and 

gravity gradiometers, as follows (see List 

of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: (1) See USML Category 

XII(d)(4) for certain gravity meters 

(gravimeters). (2) See USML Category 

XII(d)(5) for certain gravity gradiometers. 

(3) See ECCN 7A611 for gravity meters 

(gravimeters) ‘‘specially designed’’ for a 

defense article enumerated on the USML or 

for a ‘‘600 series’’ ECCN, and having 

automatic motion compensation and an 

accuracy of less (better) than 2 mGal and 

greater (worse) than 1mGal. (4) See also 

ECCNs 6A107 and 6A997. 

* * * * * 

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

Category 6, ECCN 6A008 is amended by 

revising the Related Controls paragraph 

in 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 

* * * * * 

Related Controls: This entry does not control: 

Secondary surveillance radar (SSR); Car 

radar designed for collision prevention; 

Displays or monitors used for Air Traffic 

Control (ATC) having no more than 12 

resolvable elements per mm; 

Meteorological (weather) radar. See also 

ECCNs 6A108 and 6A998. ECCN 6A998 

controls, inter alia, the Light Detection and 

Ranging (LIDAR) equipment excluded by 

the note to paragraph j of this ECCN 

(6A008). See USML Category XII(b) for 

certain LIDAR, Laser Detection and 

Ranging (LADAR), or range-gated systems 

or equipment. See ECCN 6A615 for LIDAR, 

LADAR, or range-gated systems or 

equipment having a resolution (i.e., ground 

point spacing) less (better) than 0.4 m from 

an altitude above ground level of 16,500 ft. 

or greater, and incorporating a gimbalmounted transmitter or beam director. 

* * * * * 

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

Category 6, ECCN 6A107 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section to 

read as follows: 

6A107 Gravity meters (gravimeters) or 

gravity gradiometers, other than those 

controlled by 6A007, designed or 

modified for airborne or marine use, as 

follows, (see List of Items Controlled) 

and ‘‘specially designed’’ ‘‘parts’’ and 

‘‘components’’ therefor. 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: (1) See USML Category 

XII(d)(4) for certain gravity meters 

(gravimeters) subject to the ITAR. (2) See 

USML Category XII(d)(5) for certain gravity 

gradiometers subject to the ITAR. (3) See 

ECCN 7A611 for gravity meters 

(gravimeters) ‘‘specially designed’’ for a 

defense article enumerated on the USML or 

for a ‘‘600 series’’ ECCN, and having 

automatic motion compensation and an 

accuracy of less (better) than 2 mGal and 

greater (worse) than 1mGal. 

* * * * * 

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

Category 6, ECCN 6A611 is revised to 

read as follows: 

6A611 Acoustic systems and equipment, 

radar, and ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ 

‘‘specially designed’’ therefor, ‘‘specially 

designed’’ for a military application that 

are not enumerated in any USML 

category or other ECCN are controlled 

by ECCN 3A611. Military guidance and 

control equipment, including certain 

gravity meters (gravimeters), that are 

not enumerated in any USML category 

or ECCN are controlled by ECCN 7A611. 

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

Category 6, add ECCN 6A615 between 

ECCNs 6A611 and 6A990, to read as 

follows: 

6A615 Military fire control, range finder, 

and optical, equipment, and ‘‘specially 

designed’’ ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments,’’ as 

follows (See List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
25814 Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NS applies to entire 

entry except 

6A615.y.

NS Column 1. 

RS applies to entire 

entry except 

6A615.y.

RS Column 1. 

AT applies to entire 

entry.

AT Column 1. 

UN applies to entire 

entry except 

6A615.y.

See § 746.1(b) for UN 

controls. 

List Based License Exceptions (See Part 740 

for a Description of all License Exceptions) 

LVS: $1500 

GBS: N/A 

CIV: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2)) of the EAR may not be 

used for any item in 6A615. 

List of Items Controlled 

Related Controls: (1) Military fire control, 

range finder, optical, and guidance and 

control equipment that are enumerated on 

the USML Category XII, and technical data 

(including software) directly related 

thereto, are ‘‘subject to the ITAR.’’ (2) See 

Related Controls in ECCNs 0A987, 2A984, 

6A002, 6A003, 6A004, 6A005, 6A007, 

6A008, 7A001, 7A002, 7A003, 7A005, and 

7A101. (3) See ECCN 3A611 and USML 

Category XI for controls on countermeasure 

equipment. (4) See ECCN 0A919 for 

controls on foreign-made ‘‘military 

commodities’’ that incorporate more than a 

de minimis amount of U.S.-origin ‘‘600 

series’’ controlled content. 

Related Definitions: N/A 

Items: 

a. Light Detection and Ranging (LIDAR), 

Laser Detection and Ranging (LADAR), or 

laser range-gated systems or equipment 

having a resolution (i.e., ground point 

spacing) less (better) than 0.4 m from an 

altitude above ground level of 16,500 ft. or 

greater, and incorporating a gimbal-mounted 

transmitter or beam director. 

b. Gimbals permanently configured to 

contain a single payload consisting of a 

camera operating exclusively in the visible 

spectrum (i.e., 400 nm to 760 nm) and having 

a minimum root-mean-square (RMS) 

stabilization better (less) than 35 

microradians. 

c. Zinc selenide, zinc sulfide, germanium 

or chalcogenide optics blanks, being flat or 

initially curved, and having any of the 

following: 

c.1. Diameter exceeding 3 inches and 

thickness exceeding 1.5 inches; 

c.2. Diameter exceeding 5 inches; 

c.3. Length and width both exceeding 3 

inches and thicknesses exceeding 1.5 inches; 

or 

c.4. Length and width both exceeding 5 

inches. 

d. Weapon sights, weapon aiming systems 

or equipment, and weapon imaging systems 

or equipment (e.g. clip-on), having peak 

response at a wavelength exceeding 700 nm 

but not exceeding 1,000 nm, and not 

controlled by 0A987. 

e. Targeting or target location systems or 

equipment incorporating or ‘‘specially 

designed’’ to incorporate a laser rangefinder 

controlled in USML Cat XII(b)(3). 

f. Mobile reconnaissance, scout or 

surveillance systems or equipment providing 

real-time target location. 

g. Combat vehicle, tactical wheeled 

vehicle, naval vessel, or aircraft pilotage 

systems or equipment incorporating a 

variable field of view or field of regard, and 

incorporating a photon detector-based 

infrared focal plane array having less than 

640 elements. 

h. to w. [RESERVED] 

x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity enumerated or 

otherwise described in ECCN 6A615 (except 

6A615.y) or a defense article enumerated or 

otherwise described in Category XII and not 

elsewhere specified on the USML, in 

6A615.y, or 3A611.y. 

y. Specific ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially 

designed’’ for a commodity subject to control 

in this ECCN or a fire control, range finder, 

or optical defense article in USML Category 

XII and not elsewhere specified on the USML 

or in the CCL, as follows, and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ therefor: 

y.1 [RESERVED] 

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

Category 6, ECCN 6A990, the License 

Requirements Section, the List Based 

License Exceptions Section and the 

related controls paragraph of the List of 

Items Controlled Section are revised to 

read as follows: 

6A990 Read-out integrated circuits 

‘‘specially designed’’ for ‘‘focal plane 

arrays’’ controlled by 6A002.a.3. 

License Requirements 

Reason for Control: RS, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

RS applies to entire 

entry.

A license is required 

to export and reexport to all countries, 

including Canada. 

A column specific 

to this control does 

not appear on the 

Commerce Country 

Chart. (See 

§ 742.6(a)(8)). 

AT applies to entire 

entry.

AT Column 1. 

List Based License Exceptions (See Part 740 

for a Description of all License Exceptions) 

LVS: $500 

GBS: N/A 

CIV: N/A 

List of Items Controlled 

Related Controls: (1) See USML Category 

XII(e) for read-out integrated circuits 

‘‘subject to the ITAR.’’ (2) See ECCN 0A919 

for foreign made military commodities that 

incorporate commodities described in 

6A990. (3) Section 744.9 imposes a license 

requirement on commodities described in 

6A990 if being exported, reexported, or 

transferred (in-country) for use by a 

military end-user or for incorporation into 

a commodity controlled by ECCN 0A919. 

* * * * * 

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

Category 6, ECCN 6A993 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section, 

to read as follows: 

6A993 Cameras, not controlled by 6A003 

or 6A203, as follows (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: (1) See ECCN 0A919 for 

foreign made military commodities that 

incorporate cameras described in 6A993.a 

that meet the criteria specified in Note 3.a 

to 6A003.b.4.b (i.e., having a maximum 

frame rate equal to or less than 9 Hz). (2) 

Section 744.9 imposes license 

requirements on cameras described in 

6A993.a as a result of meeting the criteria 

specified in Note 3.a to 6A003.b.4.b (i.e., 

having a maximum frame rate equal to or 

less than 9 Hz) if being exported, 

reexported, or transferred (in-country) for 

use by a military end-user or for 

incorporation into a commodity controlled 

by ECCN 0A919. 

* * * * * 

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

Category 6, add ECCN 6B615 between 

ECCNs 6B108 and 6B995, to read as 

follows: 

6B615 Test, inspection, and production 

‘‘equipment’’ and related commodities 

‘‘specially designed’’ for the 

‘‘development’’ or ‘‘production’’ of 

commodities enumerated or otherwise 

described in ECCN 6A615 or military 

fire control, range finder, and optical 

equipment enumerated or otherwise 

described in USML Category XII (see 

List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NS applies to entire 

entry.

NS Column 1. 

RS applies to entire 

entry.

RS Column 1. 

AT applies to entire 

entry.

AT Column 1. 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls. 

List Based License Exceptions (See Part 740 

for a Description of all License Exceptions) 

LVS: $1,500 

GBS: N/A 


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Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules 25815 

CIV: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 6B615. 

List of Items Controlled 

Related Controls: (1) See Related Controls in 

ECCNs 0A987, 2A984, 6A002, 6A003, 

6A004, 6A005, 6A007, 6A008, 7A001, 

7A003, 7A005, and 7A101. (2) See ECCN 

0A919 for controls on foreign-made 

‘‘military commodities’’ that incorporate 

more than a de minimis amount of U.S.- 

origin ‘‘600 series’’ controlled content. 

Related Definitions: N/A 

Items: 

a. Test, inspection, and production 

equipment (other than production equipment 

and components controlled in paragraph y of 

this entry) ‘‘specially designed’’ for the 

‘‘production’’ or ‘‘development’’ of 

commodities controlled in ECCN 6A615 

(except 6A615.y) or USML Category XII that 

are not enumerated in USML Category XII or 

‘‘600 series’’ ECCN. 

b. Environmental test facilities ‘‘specially 

designed’’ for the certification, qualification 

or testing of commodities controlled in ECCN 

6A615 (except 6A615.y) or USML Category 

XII that are not enumerated in USML 

Category XII or ‘‘600 series’’ ECCN. 

c. to w. [RESERVED] 

x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity listed in this 

entry and that are not enumerated on the 

USML or controlled by another ‘‘600 series’’ 

ECCN. 

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

Category 6, ECCN 6D002 is amended by: 

■ a. Revising the License Requirements 

section; 

■ b. Revising the List Based License 

Exceptions section; and 

■ c. Revising the Related Controls 

paragraph in the List of Items Controlled 

section, to read as follows: 

6D002 ‘‘Software’’ ‘‘specially designed’’ for 

the ‘‘use’’ of equipment controlled by 

6A002.b, 6A008 or 6B008. 

License Requirements 

Reason for Control: NS, MT, RS, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NS applies to entire 

entry.

NS Column 1. 

MT applies to ‘‘software’’ for equipment controlled by 

6A008 or 6B008 for 

MT reasons.

MT Column 1. 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

RS applies to ‘‘software’’ for equipment controlled by 

6A002.b.

A license is required 

to export and reexport to all countries, 

including Canada. 

A column specific 

to this control does 

not appear on the 

Commerce Country 

Chart. (See 

§ 742.6(a)(8)). 

RS applies to ‘‘software’’ for equipment controlled by 

6A008.j.1.

RS 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: Yes, except N/A for the following: (1) 

Items controlled for MT reasons; (2) 

‘‘Software’’ ‘‘specially designed’’ for the 

‘‘use’’ of ‘‘space qualified’’ ‘‘laser’’ radar or 

Light Detection and Ranging (LIDAR) 

equipment defined in 6A008.j.1; or (3) 

‘‘Software’’ ‘‘specially designed’’ for the 

‘‘use’’ of commodities controlled by 

6A002.b. 

List of Items Controlled 

* * * * * 

Related Controls: (1) ‘‘Software’’ ‘‘specially 

designed’’ for the ‘‘use’’ of ‘‘spacequalified’’ LIDAR ‘‘equipment’’ ‘‘specially 

designed’’ for surveying or for 

meteorological observation, released from 

control under the note in 6A008.j, is 

controlled in 6D991. (2) See also 6D102, 

6D991, 6D992, and 6D994. 

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

Category 6, ECCN 6D003 is amended by: 

■ a. Revising the Control(s) table in the 

License Requirements section; 

■ b. Revising the List Based License 

Exceptions section; and 

■ c. Revising the Related Controls 

paragraph in the List of Items Controlled 

section, to read as follows: 

6D003 Other ‘‘software’’ as follows (see List 

of Items Controlled). 

License Requirements 

* * * * * 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NS applies to entire 

entry.

NS Column 1. 

RS applies to 

6D003.c.

A license is required 

to export and reexport to all countries, 

including Canada. 

A column specific 

to this control does 

not appear on the 

Commerce Country 

Chart. (See 

§ 742.6(a)(8)). 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

AT applies to entire 

entry.

AT Column 1. 

* * * * * 

List Based License Exceptions (See Part 740 

for a Description of all License Exceptions) 

CIV: Yes for 6D003.h.1 

TSR: Yes, except for 6D003.c and except for 

exports or reexports to destinations outside 

of those countries listed in Country Group 

A:5 (See Supplement No. 1 to part 740 of 

the EAR) of ‘‘software’’ for items controlled 

by 6D003.a. 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: See also 6D103, 6D991, 

6D993, and 6D994. 

* * * * * 

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

Category 6, add ECCN 6D615 between 

ECCNs 6D201 and 6D991, to read as 

follows: 

6D615 ‘‘Software’’ ‘‘specially designed’’ for 

the ‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by 6A615 or 

equipment controlled by 6B615 (see List 

of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NS applies to entire 

entry except 

6D615.y.

NS Column 1. 

RS applies to entire 

entry except 

6D615.y.

RS Column 1. 

AT applies to entire 

entry.

AT Column 1. 

UN applies to entire 

entry except 

6D615.y.

See § 746.1(b) for UN 

controls. 

List Based License Exceptions (See Part 740 

for a Description of all License Exceptions) 

CIV: N/A 

TSR: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any software in 6D615. 

List of Items Controlled 

Related Controls: (1) ‘‘Software’’ directly 

related to articles enumerated in USML 

Category XII is subject of USML paragraph 

XII(f). (2) See Related Controls in ECCNs 

0A987, 2A984, 6A002, 6A003, 6A004, 

6A005, 6A007, 6A008, 7A001, 7A003, 

7A005, and 7A101. (3) See ECCN 0A919 

for controls on foreign-made ‘‘military 

commodities’’ that incorporate more than a 


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de minimis amount of U.S.-origin ‘‘600 

series’’ controlled content. 

Related Definitions: N/A 

Items: 

a. ‘‘Software’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation or 

maintenance of commodities controlled by 

ECCNs 6A615 (except 6A615.y) or 6B615. 

b. to x. [RESERVED] 

y. Specific ‘‘software’’ ‘‘specially designed’’ 

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

operation or maintenance of commodities 

described in 6A615.y. 

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

Category 6, ECCN 6D991 is revised to 

read as follows: 

6D991 ‘‘Software,’’ n.e.s., ‘‘specially 

designed’’ for the ‘‘development’’, 

‘‘production’’, or ‘‘use’’ of commodities 

controlled by 6A002, 6A003, 6A990, 

6A991, 6A996, 6A997, or 6A998. 

License Requirements 

Reason for Control: RS, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

RS applies to ‘‘software’’ for commodities controlled by 

6A002, 6A003, and 

6A990.

A license is required 

to export and reexport to all countries, 

including Canada. 

A column specific 

to this control does 

not appear on the 

Commerce Country 

Chart. (See 

§ 742.6(a)(8)). 

RS applies to ‘‘software’’ for commodities controlled by 

6A998.b.

RS Column 1. 

RS applies to ‘‘software’’ for commodities controlled by 

6A998.c.

RS Column 2. 

AT applies to entire 

entry, except ‘‘software’’ for commodities controlled by 

6A991.

AT Column 1. 

AT applies to ‘‘software’’ for commodities controlled by 

6A991.

AT Column 2. 

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: (1) See ECCN 6D002 for 

‘‘software’’ ‘‘specially designed’’ for the 

‘‘use’’ of commodities controlled under 

ECCN 6A002.b. (2) See ECCN 6D003.c for 

‘‘software’’ ‘‘specially designed’’ for 

cameras incorporating ‘‘focal plane arrays’’ 

specified by 6A002.a.3.f and ‘‘specially 

designed’’ to remove a frame rate 

restriction and allow the camera to exceed 

the frame rate specified in 6A003.b.4 Note 

3.a. 

Related Definitions: N/A 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

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

Category 6, add ECCN 6D994 between 

ECCNs 6D993 and the header that reads 

‘‘E. Technology’’, to read as follows: 

6D994 ‘‘Software’’, n.e.s., ‘‘specially 

designed’’ for the maintenance, repair, 

or overhaul of commodities controlled 

by 6A002, 6A003, or 6A990. 

License Requirements 

Reason for Control: RS, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

RS applies to entire 

entry.

A license is required 

to export and reexport to all countries, 

including Canada. 

A column specific 

to this control does 

not appear on the 

Commerce Country 

Chart. (see 

§ 742.6(a)(8)). 

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: (1) See ECCN 6D002 for 

software ‘‘specially designed’’ for the ‘‘use’’ 

of commodities controlled under ECCN 

6A002.b. (2) See ECCN 6D003.c for 

software designed or modified for cameras 

incorporating ‘‘focal plane arrays’’ 

specified by 6A002.a.3.f and designed or 

modified to remove a frame rate restriction 

and allow the camera to exceed the frame 

rate specified in 6A003.b.4 Note 3.a. 

Related Definitions: N/A 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

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

Category 6, ECCN 6E001 is amended by: 

■ a. Revising the Reason for Control 

paragraph and the Table in the License 

Requirements section; 

■ b. Revising the CIV and TSR 

paragraphs in the List Based License 

Exceptions section; and 

■ c. Revising the Related Controls 

paragraph in the List of Items Controlled 

section, to read as follows: 

6E001 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ of equipment, materials 

or ‘‘software’’ controlled by 6A (except 

6A990, 6A991, 6A992, 6A994, 6A995, 

6A996, 6A997, 6A998, or 6A999.c), 6B 

(except 6B995), 6C (except 6C992 or 

6C994), or 6D (except 6D991, 6D992, or 

6D993). 

License Requirements 

Reason for Control: NS, MT, NP, RS, CC, AT, 

UN 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NS applies to ‘‘technology’’ for items 

controlled by 

6A001 to 6A008, 

6B004 to 6B008, 

6C002 to 6C005, 

or 6D001 to 6D003.

NS Column 1. 

MT applies to ‘‘technology’’ for items 

controlled by 

6A002, 6A007, 

6A008, 6A102, 

6A107, 6A108, 

6B008, 6B108, 

6D001, 6D002, 

6D102 or 6D103 

for MT reasons.

MT Column 1. 

NP applies to ‘‘technology’’ for equipment controlled by 

6A003, 6A005, 

6A202, 6A203, 

6A205, 6A225, 

6A226, 6D001, or 

6D201 for NP reasons.

NP Column 1. 

RS applies to ‘‘technology’’ for commodities controlled 

by 6A002 or 6A003.

A license is required 

to export and reexport these items to 

all countries, including Canada. A column specific to this 

control does not appear on the Commerce Country 

Chart. (See 

§ 742.6(a)(8)). 

RS applies to ‘‘technology’’ for items 

controlled by 

6A002.a.1, .a.2, 

.a.3, or .c, 

6A003.b.3 or .b.4, 

or 6A008.j.1.

RS Column 1. 

CC applies to ‘‘technology’’ for equipment controlled by 

6A002 for CC reasons.

CC Column 1. 

AT applies to entire 

entry.

AT Column 1. 

UN applies to ‘‘technology’’ for equipment controlled by 

6A002 or 6A003 for 

UN reasons.

See § 746.1(b) for UN 

controls. 

* * * * * 

List Based License Exceptions (See Part 740 

for a Description of all License Exceptions) 

CIV: N/A 

TSR: Yes, except for the following: (1) Items 

controlled for MT reasons; (2) 

‘‘Technology’’ for commodities controlled 

by 6A002, 6A003, 6A004.e or 6A008.j.1; (3) 

‘‘Technology’’ for ‘‘software’’ ‘‘specially 

designed’’ for ‘‘space qualified’’ ‘‘laser’’ 


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radar or Light Detection and Ranging 

(LIDAR) equipment defined in 6A008.j.1 

and controlled by 6D001 or 6D002; or (4) 

Exports or reexports to destinations outside 

of those countries listed in Country Group 

A:5 (See Supplement No. 1 to part 740 of 

the EAR) of ‘‘technology’’ for the 

‘‘development’’ of the following: 

6A001.a.1.b, 6A001.a.1.e, 6A001.a.2.a.1, 

6A001.a.2.a.2, 6A001.a.2.a.3, 

6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b, 

6A001.a.2.d, 6A001.a.2.e., 6A004.c, 

6A004.d,, 6A006.a.2, 6A006.c.1, 6A006.d, 

6A006.e, 6A008.d, 6A008.h, 6A008.k, 

6B008, 6D003.a; (b) Equipment controlled 

by 6A001.a.2.c or 6A001.a.2.f when 

‘‘specially designed’’ for real time 

applications; or (c) ‘‘Software’’ controlled 

by 6D001 and ‘‘specially designed’’ for the 

‘‘development’’ or ‘‘production’’ of 

equipment controlled by 6B008, or 

6D003.a. 

* * * * * 

List of Items Controlled 

Related Controls: (1) Technical data directly 

related to satellites and all other items 

described in USML Category XV are 

subject to the ITAR under USML Category 

XV(f). (2) See also 6E101, 6E201, and 

6E991. (3) Technology for incorporating or 

integrating infrared focal plane arrays 

(IRFPAs) into permanent encapsulated 

sensor assemblies subject to the EAR, or 

integrating such assemblies into an item 

subject to the EAR, and integrating image 

intensifier tubes (IITs) into an item subject 

to the EAR, including integrating items 

subject to the EAR into foreign military 

commodities outside the United States is 

subject to the EAR. This technology 

includes the testing, operation instructions 

for a focal plane array in a ‘‘permanent 

encapsulated sensor assembly’’ subject to 

the EAR, mechanical dimensions and 

physical characteristics of the sensor 

assembly, provided such information does 

not include design methodology, 

engineering analysis, or manufacturing 

know-how. 

* * * * * 

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

Category 6, ECCN 6E002 is amended by: 

■ a. Revising the Reason for Control 

paragraph and the Table in the License 

Requirements section; 

■ b. Revising the CIV and TSR 

paragraphs in the List Based License 

Exceptions section; and 

■ c. Revising the Related Controls 

paragraph in the List of Items Controlled 

section, to read as follows: 

6E002 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘production’’ of equipment or materials 

controlled by 6A (except 6A990, 6A991, 

6A992, 6A994, 6A995, 6A996, 6A997, 

6A998 or 6A999.c), 6B (except 6B995) or 

6C (except 6C992 or 6C994). 

License Requirements 

Reason for Control: NS, MT, NP, RS, CC, AT, 

UN 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NS applies to ‘‘technology’’ for equipment controlled by 

6A001 to 6A008, 

6B004 to 6B008, or 

6C002 to 6C005.

NS Column 1. 

MT applies to ‘‘technology’’ for equipment controlled by 

6A002, 6A007, 

6A008, 6A102, 

6A107, 6A108, 

6B008, or 6B108 

for MT reasons.

MT Column 1. 

NP applies to ‘‘technology’’ for equipment controlled by 

6A003, 6A005, 

6A202, 6A203, 

6A205, 6A225 or 

6A226 for NP reasons.

NP Column 1. 

RS applies to ‘‘technology’’ for items 

controlled by 

6A002 or 6A003.

A license is required 

to export and reexport these items to 

all countries, including Canada. A column specific to this 

control does not appear on the Commerce Country 

Chart. (See 

§ 742.6(a)(8)). 

RS applies to ‘‘technology’’ for items 

controlled by 

6A008.j.1.

RS Column 1. 

CC applies to ‘‘technology’’ for equipment controlled by 

6A002 for CC reasons.

CC Column 1. 

AT applies to entire 

entry.

AT Column 1. 

UN applies to ‘‘technology’’ for equipment controlled by 

6A002 or 6A003 for 

UN reasons.

See § 746.1(b) for UN 

controls. 

* * * * * 

List Based License Exceptions (See Part 740 

for a Description of all License Exceptions) 

CIV: N/A 

TSR: Yes, except for the following: 

(1) Items controlled for MT reasons; 

(2) ‘‘Technology’’ for commodities 

controlled by 6A002, 6A003, 6A004.e, 

6A008.j.1; or 

(3) Exports or reexports to destinations 

outside of those countries listed in Country 

Group A:5 (See Supplement No. 1 to part 740 

of the EAR) of ‘‘technology’’ for the 

‘‘production’’ of the following: (a) Items 

controlled by 6A001.a.1.b, 6A001.a.1.e, 

6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.3, 

6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b, 

6A004.c, 6A004.d, 6A006.a.2, 6A006.c.1, 

6A006.d, 6A006.e, 6A008.d, 6A008.h, 

6A008.k, 6B008; and (b) Items controlled by 

6A001.a.2.c and 6A001.a.2.f when ‘‘specially 

designed’’ for real time applications. 

* * * * * 

List of Items Controlled 

Related Controls: (1) Technical data directly 

related to satellites and all other items 

described in USML Category XV are 

subject to the ITAR under USML Category 

XV(f). (2) See also 6E992. (3) Technology 

for incorporating or integrating IRFPAs 

into ‘‘permanent encapsulated sensor 

assemblies’’ subject to the EAR, or 

integrating such assemblies into an item 

subject to the EAR, and integrating image 

intensifier tubes (IITs) into an item subject 

to the EAR, including integrating items 

subject to the EAR into foreign military 

commodities outside the United States, is 

subject to the EAR. This technology 

includes the testing results, interface and 

operation instructions for a focal plane 

array in a ‘‘permanent encapsulated sensor 

assembly’’ subject to the EAR, mechanical 

dimensions and physical characteristics of 

the sensor assembly, provided such 

information does not include design 

methodology, engineering analysis, or 

manufacturing know-how. 

* * * * * 

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

Category 6, add ECCN 6E615 between 

ECCNs 6E202 and 6E990, to read as 

follows: 

6E615 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul or refurbishing of 

commodities controlled by 6A615, 

equipment controlled by 6B615, or 

‘‘software’’ controlled by 6D615 (see List 

of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NS applies to entire 

entry except 

6E615.y.

NS Column 1. 

RS applies to entire 

entry except 

6E615.y.

RS Column 1. 

AT applies to entire 

entry.

AT Column 1. 

UN applies to entire 

entry except 

6E615.y.

See § 746.1(b) for UN 

controls. 

List Based License Exceptions (See Part 740 

for a Description of all License Exceptions) 

CIV: N/A 

TSR: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any technology in 6E615. 

List of Items Controlled 

Related Controls: (1) Technical data directly 

related to articles enumerated or otherwise 

described in USML Category XII are subject 


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to the control of USML Category XII(f). (2) 

See Related Controls in ECCNs 0A987, 

2A984, 6A002, 6A003, 6A004, 6A005, 

6A007, 6A008, 7A001, 7A003, 7A005, and 

7A101. 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

installation, maintenance, repair, overhaul, 

or refurbishing of commodities or software 

controlled by ECCNs 6A615 (except 

6A615.y), 6B615, or 6D615 (except 6D615.y). 

b. through x. [RESERVED] 

y. Specific ‘‘technology’’ ‘‘required’’ for the 

‘‘production,’’ ‘‘development,’’ operation, 

installation, maintenance, repair, or overhaul 

of commodities or ‘‘software’’ in ECCN 

6A615.y or 6D615.y. 

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

Category 6, revise ECCN 6E990 to read 

as follows: 

6E990 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development’’ or ‘‘production’’ of 

commodities controlled by ECCN 6A990. 

License Requirements 

Reason for Control: RS, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

RS applies to entire 

entry.

A license is required 

to export and reexport to all countries, 

including Canada. 

A column specific 

to this control does 

not appear on the 

Commerce Country 

Chart. (See 

§ 742.6(a)(8)). 

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. 

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

Category 6, add a new ECCN 6E994 

between ECCNs 6E993 and EAR99, to 

read as follows: 

6E994 ‘‘Technology’’ ‘‘required’’ for the 

maintenance, repair, or overhaul of 

commodities controlled under 6A002, 

6A003, or 6A990. 

License Requirements 

Reason for Control: RS, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

RS applies to entire 

entry.

A license is required 

to export and reexport to all countries, 

including Canada. 

A column specific 

to this control does 

not appear on the 

Commerce Country 

Chart. (See 

§ 742.6(a)(8)). 

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: (1) See ECCN 6E001 for 

‘‘development’’ technology and ECCN 

6E002 for ‘‘production’’ technology. (2) See 

ECCN 6E990 for ‘‘development’’ and 

‘‘production’’ technology for commodities 

controlled by 6A990. 

Related Definitions: N/A 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

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

Category 7, ECCN 7A001 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section, 

to read as follows: 

7A001 Accelerometers as follows (see List 

of Items Controlled) and ‘‘specially 

designed’’ ‘‘components’’ therefor. 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: (1) See USML Category 

XII(d)(2) for accelerometers having a bias 

stability of less (better) than 20 micro g, a 

scale factor stability of less (better) than 20 

parts per million, or capable of measuring 

greater than 100,000 g. (2) See ECCN 

7A611 for accelerometers ‘‘specially 

designed’’ for a defense article enumerated 

on the USML or for a ‘‘600 series’’ ECCN, 

and meeting certain specifications 

described in 7A611. (3) See also ECCNs 

7A101 and 7A994. For angular or 

rotational accelerometers, see 

ECCN7A001.b. MT controls do not apply to 

accelerometers that are ‘‘specially 

designed’’ and developed as Measurement 

While Drilling (MWD) sensors for use in 

downhole well service applications. 

* * * * * 

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

Category 7, ECCN 7A002 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section, 

to 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 

Related Controls: (1) See USML Category 

XII(d)(3) for gyros or angular rate sensors 

having an angle random walk of less 

(better) than 0.00125 degree per square root 

hour or having a bias stability less (better) 

than 0.0015 degrees per hour. (2) See also 

ECCNs 7A102 and 7A994. For angular or 

rotational accelerometers, see ECCN 

7A001.b. (3) See ECCN 7A611 for gyros or 

angular rate sensors ‘‘specially designed’’ 

for a defense article enumerated on the 

USML or for a ‘‘600 series’’ ECCN, and 

meeting certain specifications described in 

7A611. 

* * * * * 

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

Category 7, ECCN 7A003 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section, 

to read as follows: 

7A003 ‘Inertial measurement equipment or 

systems,’ having any of the following 

(see List of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: See also ECCNs 7A103 and 

7A994. See USML Category XII(d)(1) for 

guidance or navigation systems: (i) having 

a CEP of position error rate less (better) 

than 0.35 nautical miles per hour; (ii) 

having a heading error or true north 

determination of less (better) than 0.50 

mrad secant (latitude); or (iii) specified to 

function at linear acceleration levels 

exceeding 25 g. See ECCN 7A611 for 

inertial measurement units, inertial 

reference units, or heading reference 

systems ‘‘specially designed’’ for a defense 

article enumerated on the USML or for a 

‘‘600 series’’ ECCN, and meeting certain 

specifications described in 7A611. 

* * * * * 

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

Category 7, amend ECCN 7A005 by 

revising the Related Controls paragraph 

in the List of Items Controlled section, 

to read as follows: 

7A005 Global Navigation Satellite Systems 

(GNSS) receiving equipment having any 

of the following (see List of Items 

Controlled) and ‘‘specially designed’’ 

‘‘components’’ therefor. 

* * * * * 

List of Items Controlled 

Related Controls: (1) See also ECCNs 7A105 

and 7A994. Typically commercially 

available GNSS receivers do not employ 

decryption or adaptive antennas and are 

classified as 7A994. (2) For equipment 

‘‘specially designed’’ for military use, see 

USML Categories XI and XII. 

* * * * * 

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

Category 7, ECCN 7A101 is amended by 

revising the Related Controls paragraph 


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in the List of Items Controlled section, 

to read as follows: 

7A101 Accelerometers, other than those 

controlled by 7A001 (see List of Items 

Controlled), and ‘‘specially designed’’ 

‘‘parts’’ and ‘‘components’’ therefor. 

* * * * * 

List of Items Controlled 

Related Controls: (1) See USML Category 

XII(d)(2) for accelerometers having a bias 

stability of less (better) than 20 micro g, a 

scale factor stability of less (better) than 20 

parts per million, or capable of measuring 

greater than 100,000 g. (2) See ECCN 

7A611 for accelerometers ‘‘specially 

designed’’ for a defense article enumerated 

on the USML or for a ‘‘600 series’’ ECCN, 

and meeting certain specifications 

described in 7A611. (3) This entry does not 

control accelerometers that are ‘‘specially 

designed’’ and developed as MWD 

(Measurement While Drilling) sensors for 

use in downhole well service operations. 

* * * * * 

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

Category 7, ECCN 7A102 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section, 

to read as follows: 

7A102 Gyros, other than those controlled 

by 7A002 (see List of Items Controlled), 

and ‘‘specially designed’’ ‘‘parts’’ and 

‘‘components’’ therefor. 

* * * * * 

List of Items Controlled 

Related Controls: (1) See USML Category 

XII(d)(3) for gyros or angular rate sensors 

having an angle random walk of less 

(better) than 0.00125 degree per square root 

hour or having a bias stability less (better) 

than 0.0015 degrees per hour. (2) See ECCN 

7A611 for gyros ‘‘specially designed’’ for a 

defense article enumerated on the USML or 

for a ‘‘600 series’’ ECCN, and meeting 

certain specifications described in 7A611. 

(3) See also ECCNs 7A002 and 7A994. 

* * * * * 

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

Category 7, ECCN 7A611 is revised to 

read as follows: 

7A611 Military guidance and control 

equipment, as follows (see List of Items 

Controlled). 

License Requirements 

Reason for Control: NS, RS, MT, AT, UN 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NS applies to entire 

entry except 

7A611.y.

NS Column 1. 

RS applies to entire 

entry except 

7A611.y.

RS Column 1. 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

MT applies to commodities in 

7A611.b, .c, and .d 

that meet or exceed the parameters of 7A101, 

7A102, or 7A103.

MT Column 1. 

AT applies to entire 

entry.

AT Column 1. 

UN applies to entire 

entry except 

7A611.y.

See § 746.1(b) for UN 

controls. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: $1500 

GBS: N/A 

CIV: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 7A611. 

List of Items Controlled 

Related Controls: (1) Navigation and avionics 

equipment and systems, and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ 

therefor, ‘‘specially designed’’ for a 

military application that are not 

enumerated in any USML category or 

another ‘‘600 series’’ ECCN are controlled 

by ECCN 3A611. (2) Military guidance and 

control equipment that are enumerated on 

the USML Category XII, and technical data 

(including software) directly related 

thereto, are ‘‘subject to the ITAR.’’ (3) See 

ECCNs 6A007, 7A001, 7A002, 7A003, 

7A101, and 7A102. (4) See ECCN 3A611 

and USML Category XI for controls on 

countermeasure equipment. (5) See ECCN 

0A919 for foreign-made ‘‘military 

commodities’’ that incorporate more than a 

de minimis amount of U.S. origin ‘‘600 

series’’ controlled content. 

Related Definitions: N/A 

Items: 

a. Guidance, navigation, or control systems 

‘‘specially designed’’ for a defense article 

enumerated on the USML or for a ‘‘600 

series’’ ECCN, and having any of the 

following: 

a.1. A ‘‘CEP’’ of position error rate of less 

(better) than or equal to 0.70 nautical miles 

per hour and greater (worse) than 0.35 

nautical miles per hour; 

a.2. A heading error or true north 

determination of less (better) than or equal to 

0.060 degree secant (latitude) and greater 

(worse) than 0.02865 degree secant (latitude); 

a.3. Specified to function at linear 

acceleration levels exceeding 6 g and less 

than or equal to 25 g; 

a.4. Stored heading aircraft carrier 

alignment features; or 

a.5. Inertial measurement equipment or 

systems designed to use data from Global 

Navigation Satellite System (GNSS) or 

‘‘DBRN’’ systems and having an INS 

navigation position accuracy subsequent to 

normal alignment of: 

a.5.a. 20 meters CEP after loss of GNSS or 

‘‘DBRN’’ for a period greater than 4 minutes 

but less than or equal to 30 minutes; or 

a.5.b. 30 meters CEP after loss of GNSS or 

‘‘DBRN’’ for a period greater than 30 minutes; 

b. Inertial measurement units, inertial 

reference units, or attitude and heading 

reference systems ‘‘specially designed’’ for a 

defense article enumerated on the USML or 

for a ‘‘600 series’’ ECCN, and incorporating 

accelerometers meeting the control 

thresholds of 7A611.c.1, 7A611.c.2, 

7A611.c.3, or USML Category XII(d), or gyros 

meeting the control thresholds of 7A611.d.1, 

7A611.d.2, 7A611.d.3, or USML Category 

XII(d); 

c. Accelerometers ‘‘specially designed’’ for 

a defense article enumerated on the USML or 

for a ‘‘600 series’’ ECCN, and having any of 

the following: 

c.1. A bias stability of less (better) than or 

equal to 200 micro g and greater (worse) than 

or equal to 20 micro g; 

c.2. A scale factor stability of less (better) 

than or equal to 200 parts per million and 

greater than or equal to 20 parts per million; 

or 

c.3. Specified to function at linear 

acceleration levels exceeding 10 g; 

d. Gyros or angular rate sensors ‘‘specially 

designed’’ for a defense article enumerated 

on the USML or for a ‘‘600 series’’ ECCN, and 

having any of the following: 

d.1. An ‘‘angle random walk’’ of less 

(better) than or equal to 0.010 degree per 

square root hour and greater than or equal to 

0.00125 degrees per square root hour; 

d.2. A bias stability of less (better) than or 

equal to 0.015 degree per hour and greater 

than or equal to 0.0015 degrees per hour; or 

d.3. Specified to function at linear 

acceleration levels exceeding 10 g; 

e. Gravity meters (gravimeters) ‘‘specially 

designed’’ for a defense article enumerated 

on the USML or for a ‘‘600 series’’ ECCN, and 

having automatic motion compensation and 

an accuracy of less (better) than 2 mGal and 

greater (worse) than 1mGal. 

f. to w. [RESERVED] 

x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity enumerated or 

otherwise described in ECCN 7A611 (except 

7A611.y) or a guidance and control defense 

article in Category XII and not elsewhere 

specified on the USML, in 7A611.y, or 

3A611.y. 

y. Specific ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially 

designed’’ for a commodity subject to control 

in this ECCN or a guidance and control 

defense article in Category XII and not 

elsewhere specified on the USML or in the 

CCL, as follows, and ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially 

designed’’ therefor: 

y.1 [RESERVED] 

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

Category 7, add ECCN 7B611 between 

ECCNs 7B103 and 7B994, to read as 

follows: 

7B611 Test, inspection, and production 

‘‘equipment’’ and related commodities 

‘‘specially designed’’ for military 

guidance and control equipment, as 

follows (see List of Items Controlled). 


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25820 Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules 

License Requirements 

Reason for Control: NS, RS, MT, AT, UN 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NS applies to entire 

entry.

NS Column 1. 

RS applies to entire 

entry.

RS Column 1. 

MT applies to 

‘‘equipment’’ and 

related commodities ‘‘specially designed’’ for commodities controlled 

for MT reasons in 

7A611.

MT Column 1. 

AT applies to entire 

entry.

AT Column 1. 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: $1500 

GBS: N/A 

CIV: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 7B611. 

List of Items Controlled 

Related Controls: (1) See Related Controls in 

ECCNs 6A007, 7A001, 7A002, 7A003, 

7A101, and 7A102. (2) See ECCN 0A919 

for foreign-made ‘‘military commodities’’ 

that incorporate more than a de minimis 

amount of U.S. origin ‘‘600 series’’ 

controlled content. 

Related Definitions: N/A 

Items: 

a. Test, inspection, and production 

‘‘equipment’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ repair, 

overhaul, or refurbishing of commodities 

controlled in ECCN 7A611 or guidance and 

control equipment in USML Category XII that 

are not enumerated in USML Category XII or 

‘‘600 series’’ ECCN. 

b. Environmental test facilities ‘‘specially 

designed’’ for the certification, qualification, 

or testing of commodities controlled in ECCN 

7A611 (except 7A611.y) or guidance and 

control equipment in USML Category XII that 

are not enumerated in USML Category XII or 

‘‘600 series’’ ECCN. 

c. to w. [RESERVED] 

x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity listed in this 

entry and that are not enumerated on the 

USML or controlled by another ‘‘600 series’’ 

ECCN. 

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

Category 7, add ECCN 7D611 between 

ECCNs 7D103 and 7D994, to read as 

follows: 

7D611 ‘‘Software’’ ‘‘specially designed’’ for 

the ‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by 7A611 or 

equipment controlled by 7B611 (see List 

of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, MT, AT, UN 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NS applies to entire 

entry except 

7D611.y.

NS Column 1. 

RS applies to entire 

entry except 

7D611.y.

RS Column 1. 

MT applies to ‘‘software’’ ‘‘specially 

designed’’ for the 

‘‘development,’’ 

‘‘production,’’ operation, or maintenance of commodities controlled for 

MT reasons in 

7A611 or 7B611.

MT Column 1. 

AT applies to entire 

entry.

AT Column 1. 

UN applies to entire 

entry except 

7D611.y.

See § 746.1(b) for UN 

controls. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

CIV: N/A 

TSR: N/A 

Special Conditions for STA 

STA: (1) Paragraph (c)(1) of License 

Exception STA (§ 740.20(c)(1) of the EAR) 

may not be used for ‘‘development’’ or 

‘‘production’’ ‘‘software’’ in 7D611.a. (2) 

Paragraph (c)(2) of License Exception STA 

(§ 740.20(c)(2) of the EAR) may not be used 

for any software in 7D611. 

List of Items Controlled 

Related Controls: (1) ‘‘Software’’ directly 

related to articles enumerated in USML 

Category XII is subject of USML paragraph 

XII(f). (2) See Related Controls in ECCNs 

6A007, 7A001, 7A002, 7A003, 7A101, and 

7A102. (3) See ECCN 0A919 for foreignmade ‘‘military commodities’’ that 

incorporate more than a de minimis 

amount of U.S. origin ‘‘600 series’’ 

controlled content. 

Related Definitions: 

Items: 

a. ‘‘Software’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation or 

maintenance of commodities controlled by 

ECCNs 7A611 (except 7A611.y) or 7B611. 

b. to x. [RESERVED] 

y. Specific ‘‘software’’ ‘‘specially designed’’ 

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

operation or maintenance of commodities 

described in 7A611.y. 

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

Category 7, add ECCN 7E611 between 

ECCNs 7E104 and 7E994, to read as 

follows: 

7E611 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul or refurbishing of 

commodities controlled by 7A611, 

equipment controlled by 7B611, or 

software controlled by 7D611, as follows 

(see List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, MT, AT, UN 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NS applies to entire 

entry except 

7E611.y.

NS Column 1. 

RS applies to entire 

entry except 

7E611.y.

RS Column 1. 

MT applies to ‘‘technology’’ ‘‘required’’ 

for the ‘‘development,’’ ‘‘production,’’ operation, installation, maintenance, repair, overhaul, or refurbishing of commodities or software 

controlled for MT 

reasons in 7A611, 

7B611, or 7D611.

MT Column 1. 

AT applies to entire 

entry.

AT Column 1. 

UN applies to entire 

entry except 

7E611.y.

See § 746.1(b) for UN 

controls. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

CIV: N/A 

TSR: N/A 

Special Conditions for STA 

STA: (1) Paragraph (c)(1) of License 

Exception STA (§ 740.20(c)(1) of the EAR) 

may not be used for ‘‘development’’ or 

‘‘production’’ ‘‘technology’’ in 7E611.a. (2) 

Paragraph (c)(2) of License Exception STA 

(§ 740.20(c)(2) of the EAR) may not be used 

for any technology in 7E611. 

List of Items Controlled 

Related Controls: Technical data directly 

related to articles enumerated in USML 

Category XII are subject to the control of 

USML Category XII(f). 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

installation, maintenance, repair, overhaul, 

or refurbishing of commodities or ‘‘software’’ 

controlled by ECCNs 7A611 (except 

7A611.y), 7B611, or 7D611 (except 7D611.y). 

b. through x. [RESERVED] 

y. Specific ‘‘technology’’ ‘‘required’’ for the 

‘‘production,’’ ‘‘development,’’ operation, 

installation, maintenance, repair, or overhaul 

of commodities or software controlled by 

ECCNs 7A611.y or 7D611.y. 

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

Category 7, ECCN 8A002 is amended by 

revising the Related Controls paragraph 

in the List of Items Controlled section, 

to read as follows: 


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Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules 25821 

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

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

of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: (1) See also 8A992 and for 

underwater communications systems, see 

Category 5, Part I—Telecommunications. 

(2) See also 8A992 for self-contained 

underwater breathing apparatus that is not 

controlled by 8A002 or released for control 

by the 8A002.q Note. (3) For electronic 

imaging systems ‘‘specially designed’’ or 

modified for underwater use incorporating 

image intensifier tubes specified by 

6A002.a.2.a or 6A002.a.2.b, see 6A003.b.3. 

(4) For electronic imaging systems 

‘‘specially designed’’ or modified for 

underwater use incorporating ‘‘focal plane 

arrays’’ specified by 6A002.a.3.g, see 

6A003.b.4.c. (5) Section 744.9 imposes a 

license requirement on commodities 

described in 8A002.d.1.c or .d.2 if being 

exported, reexported, or transferred (incountry) for use by a military end-user or 

for incorporation into an item controlled 

by ECCN 0A919. 

* * * * * 

Dated: April 16, 2015. 

Kevin J. Wolf, 

Assistant Secretary of Commerce for Export 

Administration. 

[FR Doc. 2015–10353 Filed 5–4–15; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

[Public Notice: 9110] 

RIN 1400–AD32 

Amendment to the International Traffic 

in Arms Regulations: Revision of U.S. 

Munitions List Category XII 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: As part of the President’s 

Export Control Reform effort, the 

Department of State proposes to amend 

the International Traffic in Arms 

Regulations (ITAR) to revise Category 

XII (fire control, range finder, optical 

and guidance and control equipment) of 

the U.S. Munitions List (USML) to 

describe more precisely the articles 

warranting control on the USML. 

DATES: The Department of State will 

accept comments on this proposed rule 

until July 6, 2015. 

ADDRESSES: Interested parties may 

submit comments within 60 days of the 

date of publication by one of the 

following methods: 

• Email: DDTCPublicComments@

state.gov with the subject line, ‘‘ITAR 

Amendment—Category XII.’’ 

• Internet: At www.regulations.gov, 

search for this notice by using this rule’s 

RIN (1400–AD32). 

Comments received after that date will 

be considered if feasible, but 

consideration cannot be assured. Those 

submitting comments should not 

include any personally identifying 

information they do not desire to be 

made public or any information for 

which a claim of confidentiality is 

asserted. All comments and transmittal 

emails will be made available for public 

inspection and copying after the close of 

the comment period via the Directorate 

of Defense Trade Controls Web site at 

www.pmddtc.state.gov. Parties who 

wish to comment anonymously may do 

so by submitting their comments via 

www.regulations.gov, leaving the fields 

that would identify the commenter 

blank and including no identifying 

information in the comment itself. 

Comments submitted via 

www.regulations.gov are immediately 

available for public inspection. 

FOR FURTHER INFORMATION CONTACT: Mr. 

C. Edward Peartree, Director, Office of 

Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2792; email 

DDTCPublicComments@state.gov. 

ATTN: Regulatory Change, USML 

Category XII. 

SUPPLEMENTARY INFORMATION: The 

Directorate of Defense Trade Controls 

(DDTC), U.S. Department of State, 

administers the International Traffic in 

Arms Regulations (ITAR) (22 CFR parts 

120–130). The items subject to the 

jurisdiction of the ITAR, i.e., ‘‘defense 

articles,’’ are identified on the ITAR’s 

U.S. Munitions List (USML) (22 CFR 

121.1). With few exceptions, items not 

subject to the export control jurisdiction 

of the ITAR are subject to the 

jurisdiction of the Export 

Administration Regulations (‘‘EAR,’’ 15 

CFR parts 730–774, which includes the 

Commerce Control List (CCL) in 

Supplement No. 1 to Part 774), 

administered by the Bureau of Industry 

and Security (BIS), U.S. Department of 

Commerce. Both the ITAR and the EAR 

impose license requirements on exports 

and reexports. Items not subject to the 

ITAR or to the exclusive licensing 

jurisdiction of any other set of 

regulations are subject to the EAR. The 

revisions contained in this rule are part 

of the Department of State’s 

retrospective plan under E.O. 13563 

completed on August 17, 2011. The 

Department of State’s full plan can be 

accessed at http://www.state.gov/

documents/organization/181028.pdf. 

Revision of Category XII 

This proposed rule revises USML 

Category XII, covering fire control, range 

finder, optical and guidance and control 

equipment, to advance the national 

security objectives set forth above and to 

more accurately describe the articles 

within the category, in order to establish 

a ‘‘bright line’’ between the USML and 

the CCL for the control of these articles. 

Paragraph (a) is revised to add 

subparagraphs (1) through (9) to more 

clearly describe the articles controlled 

in (a). 

Paragraph (a)(1) is added for fire 

control systems and equipment. 

Paragraph (a)(2) is added for weapons 

sights and weapons aiming or imaging 

systems, with certain infrared focal 

plane arrays, image intensifier tubes, 

ballistic computers, or lasers. 

Paragraph (a)(3) is added for 

electronic or optical weapon 

positioning, laying, or spotting systems 

or equipment. 

Paragraph (a)(4) is added for certain 

laser spot trackers and laser spot 

detectors. 

Paragraph (a)(5) is added for bomb 

sights and bombing computers. 

Paragraph (a)(6) is added for electrooptical missile or ordnance tracking or 

guidance systems. 

Paragraph (a)(7) is added for electrooptical systems or equipment that 

automatically detect and locate weapons 

launch or fire. 

Paragraph (a)(8) is added for certain 

remote wind sensing systems or 

equipment for enhanced targeting. 

Paragraph (a)(9) is added for certain 

helmet mounted display (HMD) 

systems. 

Paragraph (b) is revised to add 

subparagraphs (1) through (14) to more 

clearly describe the articles controlled 

in (b). 

Paragraph (b)(1) is added for laser 

target designators or coded target 

markers. 

Paragraph (b)(2) is added for certain 

infrared laser aiming or target 

illumination systems. 

Paragraph (b)(3) is added for certain 

laser range finders. 

Paragraph (b)(4) is added for certain 

targeting or target location systems. 

Paragraph (b)(5) is added for optical 

augmentation systems. 

Paragraph (b)(6) is added for certain 

light detection and ranging (LIDAR), 

laser detection and ranging (LADAR), or 

range-gated systems and includes a 

carve out for certain LIDAR systems for 

civil automotive applications. 

Paragraph (b)(7) is added for certain 

synthetic aperture LIDAR or LADAR 

systems. 


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