Vol. 79 Tuesday, 

No. 126 July 1, 2014 

Part VII 

Department of Commerce 

Bureau of Industry and Security 

15 CFR Part 774 

Civil Uses of Certain Microwave Monolithic Integrated Circuit (MMIC) 

Power Amplifiers, Discrete Microwave Transistors and Bi-Static and MultiStatic Radar; Proposed Rule; 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); Final Rule 


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37548 Federal Register / Vol. 79, No. 126 / Tuesday, July 1, 2014 / Proposed Rules 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 140611493–4493–01 ] 

Civil Uses of Certain Microwave 

Monolithic Integrated Circuit (MMIC) 

Power Amplifiers, Discrete Microwave 

Transistors and Bi-Static and MultiStatic Radar 

AGENCY: Bureau of Industry and 

Security, U.S. Department of Commerce. 

ACTION: Notice of inquiry with request 

for comments. 

SUMMARY: This notice of inquiry 

requests comments that cite specific 

examples of civil uses of certain MMIC 

power amplifiers and discrete 

microwave transistors, both of which 

operate at frequencies exceeding 2.7 

GHz, and (3) bi-static/multi-static radar 

that exploits greater than 125 kHz 

bandwidth and is lower than 2 GHz 

center frequency to passively detect or 

track using radio frequency (RF) 

transmissions (e.g., commercial radio or 

television stations). The Bureau of 

Industry and Security (BIS) is requesting 

this information because several 

comments on rules recently published 

by the Departments of State and 

Commerce made claims that civil 

applications for these types of 

commodities exist or soon will be 

developed. However, the commenters 

did not provide specific examples of 

such applications. BIS is seeking 

specific examples to assess whether it 

should propose to the Departments of 

State and Defense further amendments 

to the International Traffic in Arms 

Regulations (ITAR) and the Export 

Administration Regulations (EAR) as 

part of the Administration’s Export 

Control Reform Initiative. 

DATES: Comments should be received no 

later than September 2, 2014. 

ADDRESSES: Comments may be 

submitted: 

• Via the Federal eRulemaking Portal: 

http://www.regulations.gov. The 

identification number for this 

rulemaking is BIS–2012–0045. 

• By email directly to 

publiccomments@bis.doc.gov. Include 

‘‘Military Electronics Notice of Inquiry’’ 

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 ‘‘Military Electronics 

Notice of Inquiry.’’ 

FOR FURTHER INFORMATION CONTACT: 

Brian Baker, Director, Electronics and 

Materials Division, Office of National 

Security and Technology Transfer 

Controls, (202) 482–5534, brian.baker@

bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Bureau of Industry and Security 

(BIS) publishes this notice of inquiry to 

request comments from the public on 

examples of civil uses of certain (1) 

MMIC power amplifiers and (2) discrete 

power transistors, both of which operate 

at frequencies exceeding 2.7 GHz, and 

(3) bi-static/multi-static radar that 

exploits greater than 125 kHz 

bandwidth and is lower than 2 GHz 

center frequency to passively detect or 

track using radio frequency (RF) 

transmissions (e.g., commercial radio or 

television stations). Simultaneously 

with the publication of this notice, the 

Department of State is publishing a final 

rule expressing Category XI of the 

United States Munition List (USML) in 

positive terms and removing from that 

category items the President determined 

no longer warrant control on the USML 

(herein the State final military 

electronics rule), and BIS is publishing 

a final rule adding those items to the 

Commerce Control List (herein the BIS 

final military electronics rule). Both 

rules are being published after review 

by the Departments of State, Defense 

and Commerce of public comments on 

the proposed rules. Some comments 

received in response to those rules 

suggested that certain commodities that 

were retained on the USML and other 

commodities that were added to a ‘‘600 

series’’ Export Control Classification 

Number (ECCN) may have or soon will 

have substantial civil end uses. BIS is 

now seeking specific information about 

the uses of certain MMIC power 

amplifiers and discrete microwave 

transistors that would assist it in 

determining whether those devices 

would be appropriately controlled 

under a ‘‘600 series’’ or under a non- 

‘‘600 series’’ ECCN. The ‘‘600 series’’ 

ECCNs typically control items of a 

military nature whereas non-‘‘600 

series’’ ECCNs typically control items 

that, although they often have military 

applications, also have substantial civil 

applications. BIS is also seeking specific 

information that would assist in 

determining whether control of certain 

bi-static and multi-static radar that 

passively detects or tracks objects using 

radio frequency (RF) transmissions (e.g., 

commercial radio or television stations) 

would be appropriately controlled 

under the ITAR or under the EAR. 

MMIC Amplifiers and Discrete 

Microwave Transistors 

There are three rules, currently 

published or in development, that 

impact MMIC amplifiers and discrete 

microwave transistors: The rule 

implementing the decisions of the 2013 

plenary meeting of the Wassenaar 

Arrangement on Export Controls for 

Conventional Arms and Dual-Use Goods 

and Technologies (herein the Wassenaar 

2013 rule), the BIS final military 

electronics rule, and the State final 

military electronics rule. The Wassenaar 

2013 rule, which is currently under 

development, is expected to publish and 

go into effect before the BIS final 

military electronics rule and the State 

final military electronics rule become 

effective. When both the Wassenaar 

2013 rule and the BIS final military 

electronics rule are effective, BIS 

expects that no unclassified MMIC 

power amplifiers or discrete microwave 

transistors will be controlled under the 

USML. When all three rules are 

effective, BIS expects that all 

unclassified MMIC power amplifiers 

will be controlled under ECCN 3A611.c 

or ECCN 3A001.b.2 or will be 

designated EAR99. Discrete microwave 

transistors will be controlled under 

ECCN 3A611.d, 3A001.b.3, 3A001.h or 

EAR99. 

Commenters on the proposed rule that 

led to the BIS military electronics final 

rule stated use of these amplifiers and 

transistors enable the production of 

devices with more power, greater 

efficiency and fewer parts, goals that are 

common to civil and military electronic 

device design. The commenters 

mentioned several actual or potential 

civil uses for the MMIC power 

amplifiers and discrete microwave 

transistors proposed for control in ECCN 

3A611.c and .d. Those uses included: 

Wi Fi, Wi Max, point-to-point radios for 

cellular backhaul, commercial Ka-band 

used in commercial satellite-based 

wireless internet ground stations, VBand radios used in small commercial 

cellular networks, and civil air traffic 

control systems. However, the 

commenters did not provide specific 

examples of such uses. Therefore, the 

final rule made only four very limited 

changes to proposed 3A611.c and .d as 

a result of the review of the public 

comments. Those changes were 

increases to the power added efficiency 

threshold for MMIC power amplifiers 

and discrete microwave transistors in 

the frequency ranges from greater than 

2.7 GHz up to and including 2.9 GHz 

and greater than 2.9 GHz up to and 

including 3.2 GHz. 


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BIS is seeking information that would 

help answer whether any of the MMIC 

power amplifiers that will be controlled 

under ECCN 3A611.c and .d upon the 

effective date of the BIS final military 

electronics rule actually have sufficient 

civil applications that would justify 

controlling them under ECCN 3A001.b.2 

and .b.3, as those paragraphs are 

expected to be revised by the Wassenaar 

2013 rule, respectively. Specific 

information that identifies actual uses of 

the MMIC power amplifiers and discrete 

microwave transistors that were 

included in ECCN 3A611 in the BIS 

final military electronics rule is needed. 

To the extent feasible, the information 

should identify product names, models, 

quantity, and total value of the MMIC 

power amplifiers and discrete 

microwave transistors used in those 

products. 

MMIC Power Amplifiers 

When the Wassenaar 2013 rule and 

the BIS final military electronics rule 

are effective, BIS expects that the 

Commerce Control List (CCL) will 

control MMIC power amplifiers as 

described below. 

ECCNs 3A001.b.2 and 3A611.c will 

each control MMICs that operate at 

frequencies exceeding 2.7 GHz. 

ECCN 3A001.b.2 will control MMIC 

power amplifiers that operate in 12 

frequency ranges. It applies the 

additional parameter of peak saturated 

power output and, in 10 of the operating 

frequency ranges, fractional bandwidth 

to identify the MMIC power amplifiers 

that it controls. 

ECCN 3A611.c will distinguish the 

MMIC power amplifiers that it will 

control from those in the same operating 

frequency range that ECCN 3A001.b.2 

will control by specifying a higher 

fractional bandwidth value, or a higher 

peak saturated power output value or 

both, or by specifying the same 

fractional bandwidth and peak saturated 

power output values but also specifying 

a specified power added efficiency 

value. 

MMIC 3A001.b.2 and 3A611.c 

Comparison Table 

The following table lists the control 

parameters for ECCNs 3A001.b.2 and 

3A611.c. Note that the parameters for 

3A001.b.2 are the parameters adopted 

by Wassenaar Arrangement 2013 

plenary meeting for Dual-Use Category 

3.A.1.b.2 (that is expected to be 

implemented in the forthcoming 

Wassenaar 2013 rule) and the 

parameters for 3A611.c are those set 

forth in the BIS final military electronics 

rule. The first column lists the operating 

frequency ranges. The second column 

lists the additional control parameters 

in each frequency range that will be 

listed in 3A001.b.2. The third column 

lists the additional control parameters 

in each frequency range that will be 

listed in 3A611.c. Within the third 

column, the parameters that will cause 

a MMIC power amplifier to be 

controlled under ECCN 3A611.c rather 

than 3A001.b.2 are in italics. 

If a MMIC power amplifier operates at 

frequencies in more than one operating 

frequency range, the range with the 

lowest peak saturated power output 

applies. 

A MMIC power amplifier is controlled 

under the applicable ECCN if it meets or 

exceeds the additional parameters 

anywhere within the specified operating 

frequency range. It need not meet those 

parameters throughout the entire 

operating frequency range. 

Because of the EAR’s CCL Order of 

Review (Supplement No. 4 to Part 774), 

a MMIC power amplifier that meets the 

additional parameters of both 3A611.c 

and 3A001.b.2 will be controlled by 

3A611.c. 

In the ‘‘additional parameters’’ 

columns, ‘‘FB’’ means ‘‘fractional 

bandwidth;’’ ‘‘PSPO’’ means ‘‘peak 

saturated power output;’’ and ‘‘PAE’’ 

means ‘‘power added efficiency.’’ 

Operating frequency range 

3A001.b.2 Additional parameters 

(from forthcoming Wassenaar 

Arrangement 2013 rule) 

3A611.c Additional Parameters 

(from BIS final military electronics rule) 

>2.7 GHz & ≤2.9 GHz ..................... FB >15% & PSPO >75W 

(48.75dBm).

FB >15% & PSPO >75W (48.75dBm) & PAE ≥55% or FB >60% & 

PSPO >150W (51.8dBm). 

>2.9 GHz & ≤3.2 GHz ..................... FB >15% & PSPO >55W 

(47.4dBm).

FB >15% & PSPO >55W (47.4dBm) & PAE ≥55% or FB >55% & 

PSPO >110W (50.4dBm). 

>3.2 GHz & ≤3.7 GHz ..................... FB >15% & PSPO >40W (46dBm) FB >15% & PSPO >40W (46dBm) & PAE ≥45% or FB >50% & 

PSPO >80W (49dBm). 

>3.7 GHz & ≤6.8 GHz ..................... FB >15% & PSPO >20W (43dBm) FB >15% & PSPO >20W (43dBm) & PAE ≥40% or FB >45% & 

PSPO >40W (46dBm). 

>6.8 GHz & ≤8.5 GHz ..................... FB >10% & PSPO >10W (40dBm) FB >10% & PSPO >10W (40.0dBm) & PAE ≥40% or FB >40% 

PSPO >20W (43dBm). 

>8.5 GHz & ≤16 GHz ...................... FB >10% & PSPO >5W (37dBm) FB >10% & PSPO >5W (37dBm) & PAE ≥35% or FB >40% & PSPO 

>10W (40dBm). 

>16 GHz & ≤31.8 GHz .................... FB >10% & PSPO >3W 

(34.77dBm).

FB >10% & PSPO >3W (34.77dBm) & PAE ≥20%. 

>31.8 GHz & ≤37 GHz .................... PSPO >0.1 nW (¥70 dBm) .......... PSPO >2W (33dBm). 

>37 GHz & ≤43.5 GHz .................... FB >10% & PSPO >1W (30 dBm) FB >10% & PSPO >1W (30dBm) & PAE ≥15%. 

>43.5 GHz & ≤75 GHz .................... FB >10% & PSPO >31.62 mW (15 

dBm).

FB >10% & PSPO >31.62 mW (15dBm) & PAE ≥10%. 

>75 GHz & ≤90 GHz ....................... FB >5% & PSPO >10mW (10 

dBm).

FB >5% & PSPO >10mW (10dBm) & PAE ≥10%. 

>90 GHz .......................................... PSPO >0.1nW (¥70 dBm) ........... If operating frequency range is >90 GHz & ≤110 GHz. PSPO 

>1.0mW (0dBm). If operating frequency range is >110 GHz. PSPO 

>100 nW (¥40dBm). 

Discrete Microwave Transistors 

When the Wassenaar 2103 rule and 

the BIS final military electronics rules 

are effective, BIS expects that the CCL 

will control discrete microwave 

transistors as described below. 

ECCN 3A001.b.3 will divide the 

discrete microwave transistors into 11 

operating frequency ranges and will use 

the additional control parameter of peak 

saturated power output to identify the 

discrete microwave transistors that it 

controls. 

ECCN 3A611.d will distinguish the 

discrete microwave transistors that it 

controls from those in the same 

frequency range that are controlled by 


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ECCN 3A001.b.3 by specifying a higher 

value for peak saturated power output, 

or by specifying a value for power 

added efficiency or both. 

Discrete Microwave Transistor ECCN 

3A001.b.3 and 3A611.d Comparison 

Table 

The following table lists the control 

parameters for ECCNs 3A001.b.3 and 

3A611.d. Note that the parameters for 

3A001.b.3 are the parameters adopted 

by the Wassenaar Arrangement 2013 

plenary meeting for Dual-Use Category 

3.A.1.b.3 (that will be implemented in 

the forthcoming Wassenaar 2103 rule) 

and the parameters for 3A611.d are 

those set forth in the BIS final military 

electronics rule. The first column lists 

the operating frequency ranges. The 

second column lists the additional 

control parameters in each frequency 

range listed in 3A001.b.3. The third 

column lists the additional control 

parameters in each frequency range 

listed in 3A611.d. Within the third 

column, the parameters that cause a 

discrete microwave transistor to be 

controlled under ECCN 3A611.d rather 

than 3A001.b.3 are in italics. 

If a discrete microwave transistor 

operates at frequencies in more than one 

operating frequency range, the range 

with the lowest peak saturated power 

output applies. A discrete microwave 

transistor is controlled under the 

applicable ECCN if it meets or exceeds 

the additional parameters anywhere 

within the specified operating frequency 

range. It need not meet those parameters 

throughout the entire operating 

frequency range. 

Because of the EAR’s CCL Order of 

Review (Supplement No. 4 to Part 774), 

a discrete microwave transistor that 

meets the additional parameters of both 

3A611.d and 3A001.b.3 is controlled by 

3A611.d. 

In the ‘‘additional parameters’’ 

columns, ‘‘FB’’ means ‘‘fractional 

bandwidth;’’ ‘‘PSPO’’ means ‘‘peak 

saturated power output;’’ and ‘‘PAE’’ 

means ‘‘power added efficiency.’’ 

Operating frequency range 

3A001.b.3 Additional parameters 

(from forthcoming Wassenaar 

Arrangement 2013 rule) 

3A611.d Additional parameters 

(from BIS final military electronics rule) 

>2.7 GHz & ≤2.9 GHz ..................... PSPO >400W (56dBm) ................. PSPO >400W (56dBm) & PAE ≥60%. 

>2.9 GHz & ≤3.2 GHz ..................... PSPO >205W (53.12 dBm) ........... PSPO >205W (53.12dBm) & PAE ≥60%. 

>3.2 GHz & ≤3.7 GHz ..................... PSPO >115W (50.61dBm) ............ PSPO >115W (50.61dBm) & PAE ≥45%. 

>3.7 GHz & ≤6.8 GHz ..................... PSPO >60W (47.78dBm) .............. PSPO >60W (47.78dBm) & PAE ≥45%. 

>6.8 GHz & ≤8.5 GHz ..................... PSPO >50W (47dBm) ................... PSPO >50W (47dBm) & PAE ≥50%. 

>8.5 GHz & ≤12 GHz ...................... PSPO >15W (41.76dBm) .............. PSPO >20W (43dBm) & PAE ≥35%. 

>12 GHz & ≤16 GHz ....................... PSPO >40W (46dBm) ................... PSPO >40W(46dBm) & PAE ≥35%. 

>16 GHz & ≤31.8 GHz .................... PSPO >7W (38.45dBm) ................ PSPO >20W (43dBm) & PAE ≥30%. 

>31.8 GHz & ≤37 GHz .................... PSPO >0.5W (27dBm) .................. PSPO >2W (33dBm). 

>37 GHz & ≤43.5 GHz .................... PSPO >1W (30dBm). .................... PSPO >1W (30dBm) & PAE ≥20%. 

>43.5 GHz ....................................... PSPO >0.1nW (¥70dBm). ........... If operating frequency range is >43.5 GHz & ≤75 GHz 

PSPO >0.5W (27 dBm) & PAE ≥15% 

If operating frequency range is >75 GHz 

PSPO >0.1W (20dBm). 

Bi-Static and Multi-Static Radar 

When the rule becomes effective, the 

State final military electronics rule will 

control in USML Category 

XI(a)(3)(xxvii) bi-static and multi-static 

radar that exploits greater than 125 kHz 

bandwidth and is lower than 2 GHz 

center frequency to passively detect or 

track using radio frequency (RF) 

transmissions (e.g., commercial radio or 

television stations). Commenters on the 

proposed rule leading to the State final 

military electronics rule expressed 

concern over this text, asserting that bistatic radar that would meet this control 

parameter is currently being developed 

as part of an initiative to develop 

capabilities to improve flight safety in 

the vicinity of UAV operations and 

airports not controlled by traditional air 

traffic management. The comments 

asserted that bi-static radar will be used 

as an airborne collision avoidance 

system for civil UAVs and for possible 

application to general aviation aircraft. 

The comments also asserted that 

essentially the same system as those 

proposed to be controlled by paragraph 

Category XI(a)(3)(xxvii) can be installed 

at ground based locations to provide air 

traffic information regarding aircraft not 

equipped with transponders to aircraft 

operating around uncontrolled airports. 

However, the commenters did not 

provide specific examples of such uses. 

BIS would like to verify whether the 

bi-static/multi-static radar described 

above is in fact in use in civil air traffic 

control, collision avoidance or weather 

radar in sufficient quantities to justify 

moving such radar to the CCL. Specific 

information that identifies actual uses of 

the bi-static/multi-static radar 

enumerated in USML Category 

XI(a)(3)(xxvii) is needed. To the extent 

feasible, the information should identify 

product names, models, quantity and 

value of the bi-static and multi-static 

radar used in those products. 

Request for comments 

BIS is seeking specific examples of 

actual civil use of the MMIC power 

amplifiers, discrete microwave 

transistors, and bi-static or multi-static 

radar as described above. As stated 

under the DATES caption to this notice, 

comments should be received no later 

than September 2, 2014. 

Dated: June 19, 2014. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2014–14682 Filed 6–30–14; 8:45 am] 

BILLING CODE 3510–33–P 


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