Federal Register / Vol. 77, No. 229 / Wednesday, November 28, 2012 / Proposed Rules 70945 

must be signaled to the flightcrew 

during flight. 

(d) Dispatch with known failure 

conditions. If the airplane is to be 

dispatched in a known system failure 

condition that affects structural 

performance, or affects the reliability of 

the remaining system to maintain 

structural performance, then the 

provisions of these special conditions 

must be met, including the provisions of 

paragraph 2(a) for the dispatched 

condition, and paragraph 2(b) for 

subsequent failures. Expected 

operational limitations may be taken 

into account in establishing Pj as the 

probability of failure occurrence for 

determining the safety margin in Figure 

1 of these special conditions. Flight 

limitations and expected operational 

limitations may be taken into account in 

establishing Qj as the combined 

probability of being in the dispatched 

failure condition and the subsequent 

failure condition for the safety margins 

in Figures 2 and 3 of these special 

conditions. These limitations must be 

such that the probability of being in this 

combined failure state and then 

subsequently encountering limit load 

conditions is extremely improbable. No 

reduction in these safety margins is 

allowed if the subsequent system failure 

rate is greater than 10¥3 per hour. 

Issued in Renton, Washington, on 

November 21, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–28768 Filed 11–27–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 120330233–2160–01] 

RIN 0694–AF64 

Revisions to the Export Administration 

Regulations (EAR): Control of Military 

Electronic Equipment and Related 

Items 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 certain articles the President 

determines no longer warrant control 

under the United States Munitions List 

(USML) would be controlled on the 

Commerce Control List (CCL). Those 

articles and the USML categories under 

which they are currently controlled are: 

Military electronics (Category XI) and 

certain cryogenic and superconductive 

equipment designed for installation in 

military vehicles and that can operate 

while in motion (Categories VI, VII, VIII, 

and XV). Military electronics and 

related items would be controlled by 

new Export Control Classification 

Numbers (ECCNs) 3A611, 3B611, 

3D611, and 3E611 proposed by this rule. 

Cryogenic and superconducting 

equipment for military vehicles and 

related items would be controlled under 

new ECCNs 9A620, 9B620, 9D620, and 

9E620. This proposed rule also would 

amend ECCNs 7A001 and 7A101 to 

apply the missile technology reason for 

control only to items in those ECCNs on 

the Missile Technology Control Regime 

(MTCR) Annex. 

This is one in a planned series of 

proposed rules describing how various 

types of articles the President 

determines, as part of the 

Administration’s Export Control Reform 

Initiative, no longer warrant USML 

control, would be controlled on the CCL 

and by the EAR. This proposed rule is 

being published in conjunction with a 

proposed rule from the Department of 

State, Directorate of Defense Trade 

Controls, which would amend the list of 

articles controlled by USML Category 

XI. 

DATES: Comments must be received by 

January 28, 2013. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• 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 

RIN 0694–AF64 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–AF64. 

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 

On July 15, 2011, as part of the 

Administration’s ongoing Export 

Control Reform Initiative, BIS published 

a proposed rule (76 FR 41958) (‘‘the July 

15 proposed rule’’) that set forth a 

framework for how articles the 

President determines, in accordance 

with section 38(f) of the Arms Export 

Control Act (AECA) (22 U.S.C. 2778(f)), 

would no longer warrant control on the 

United States Munitions List (USML) 

instead would be controlled on the 

Commerce Control List (CCL). 

BIS also published a proposed rule 

(76 FR 68675, November 7, 2011), 

primarily dealing with aircraft and 

related items (‘‘the November 7 

proposed rule’’) that made additions 

and modifications to some of the 

provisions of the July 15 proposed rule. 

Following the structure of the July 15 

and November 7 proposed rules, this 

proposed rule describes BIS’s proposal 

for controlling under the EAR’s CCL 

certain military electronic equipment 

and related articles now controlled by 

the ITAR’s USML Category XI. This 

proposed rule also would specifically 

implement in U.S. export control 

regulations Category ML20 Munitions 

List of the Wassenaar Arrangement on 

Export Controls for Conventional Arms 

and Dual-Use Goods and Technologies 

(Wassenaar Arrangement Munitions List 

or WAML), which pertains to certain 

cryogenic and superconducting 

equipment. These items are currently 

controlled by ‘‘catch all’’ provisions of 

the ITAR’s USML Categories VI, VII, 

VIII, and XV. Finally, this proposed rule 

would correct two ECCNs in CCL 

Category 7 to apply the missile 

technology reason for control only to 

items that are on the MTCR Annex. 

The changes described in this 

proposed rule and the State 

Department’s proposed amendment to 

Category XI of the USML are based on 

a review of Category XI 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 now 

controlled by USML Category XI that are 

either (i) inherently military and 

otherwise warrant control on the USML 

or (ii) if it is of a type common to nonmilitary electronic equipment 

applications, 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 criterion but was nonetheless a 

type of article that is, as a result of 

differences in form and fit, ‘‘specially 

designed’’ for military applications or 

for the intelligence applications 

described in proposed ECCN 3A611.b, it 

was identified in the new ECCNs 

proposed in this notice. The licensing 


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requirements and other EAR-specific 

controls for such items described in this 

notice would enhance national security 

by permitting the U.S. Government to 

focus its resources on controlling, 

monitoring, investigating, analyzing, 

and, if need be, prohibiting exports and 

reexports of more significant items to 

destinations, end uses, and end users of 

greater concern than NATO allies and 

other multi-regime partners. 

The Defense Department also 

reviewed WAML Category ML20, which 

describes certain cryogenic and 

superconducting items. These items are 

not positively listed on the USML, but 

are nonetheless controlled as nonspecific parts, components, accessories 

of and attachments to items controlled 

under USML Categories VI, VII, VIII and 

XV. The Department of Defense 

concluded that the Category ML20 items 

are not in production and, even if they 

were, they would not necessarily 

provide the United States with a 

significant military or intelligence 

advantage warranting control under the 

ITAR. In addition, the Departments of 

Commerce and State have not identified 

evidence of trade in such items. Despite 

the lack of evidence of production or 

trade, this proposed rule would list 

WAML Category ML20 items on the 

CCL. Such listing is necessary because 

several State Department proposed rules 

would, in accordance with the 

Administration’s Export Control Reform 

Initiative, remove non-specific parts, 

components, accessories, and 

attachments from the USML, and, 

unless added to the Commerce Control 

List, WAML Category ML20 items 

would no longer be on any U.S. export 

control list. 

Pursuant to section 38(f) of the 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). 

In the July 15 proposed rule, BIS 

proposed creating a series of new 

ECCNs to control items that would be 

removed from the USML and items 

currently on the CCL that are also on the 

Wassenaar Arrangement Munitions List. 

The proposed 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 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. The ECCNs that would be 

created or revised by this proposed rule 

are described more fully below. 

BIS will publish additional Federal 

Register notices containing proposed 

amendments to the CCL that will 

describe proposed controls for 

additional categories of articles the 

President determines 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 WAML and the 

Missile Technology Control Regime 

Equipment, Software and Technology 

Annex. 

The revisions proposed in this rule 

are part of Commerce’s retrospective 

plan under EO 13563 completed in 

August 2011. Commerce’s full plan can 

be accessed at: http://open.commerce.

gov/news/2011/08/23/commerce-planretrospective-analysis-existing-rules. 

Need To Avoid Ambiguous 

Classifications or Inadvertent License 

Requirements 

BIS recognizes that because 

electronics frequently are installed in 

some other commodity, they are 

particularly susceptible to ambiguous 

classification or classification under 

multiple entries on the CCL. For 

example, a given electronic device 

might also be viewed as a part for an 

aircraft, radar, computer, laser, or some 

other article. How the device is viewed 

might affect the classification on the 

CCL, which could, in turn affect license 

requirements or licensing policy. BIS’s 

intent is that the new ECCNs in this 

proposed rule would not increase the 

number of destinations to which a 

license is required, alter the policy 

under which license application are 

reviewed or create any apparent 

instances of an item that is subject to the 

EAR being covered by more than one 

ECCN. Parties who believe that they can 

identify instances where the effect of the 

proposed rule would be contrary to this 

intent are encouraged to point out those 

instances in a public comment on this 

proposed rule. 

Detailed Description of Changes 

Proposed by This Rule 

New 3X611 Series of ECCNs 

Proposed new ECCNs 3A611, 3B611, 

3D611, and 3E611 would control 

military electronics and related test, 

inspection, and production equipment 

and software and technology currently 

controlled by USML Category XI that 

the President determines no longer 

warrant control on the USML. To the 

extent that they are not enumerated on 

the proposed revisions to Category XI, 

these proposed new ECCNs would also 

control computers, telecommunications 

equipment, radar ‘‘specially designed’’ 

for military use, parts, components, 

accessories, and attachments ‘‘specially 

designed’’ therefor, and related software 

and technology. This structure aligns 

with the current USML Category XI and 

ML11, which include within the scope 

of ‘‘electronics’’ such items as 

computers, telecommunications 

equipment, and radar. BIS believes that 

it will be easier to include such items 

within the scope of the proposed new 

600 series that corresponds to USML 

Category XI rather than creating new 

600 series ECCNs in CCL Categories 4 

(computers), 5 (telecommunications), 

and 6 (radar). BIS, however, proposes 

including cross references in CCL 

Categories 4, 5, and 6 to alert readers 

that ECCN 3A611 may control such 

items. 

The proposed 3X611 series, except for 

3X611.y, would be controlled for 

national security (NS Column 1 or NS1), 

regional stability (RS Column 1 or RS1), 

antiterrorism (AT Column 1 or AT1) and 

United Nations embargo (UN) reasons. 

ECCNs 3X611.y would only be 

controlled for AT1 reasons (ECCN 

3B611 would not have a .y paragraph). 

Each ECCN in this 3X611 series is 

described more specifically below. 

New ECCN 3A611 

Proposed ECCN 3A611 paragraph .a 

would control electronic ‘‘equipment,’’ 

‘‘end items,’’ and ‘‘systems’’ ‘‘specially 

designed’’ for military use that are not 

enumerated in either a USML category 

or another ‘‘600 series’’ ECCN. 

Paragraph .b would be reserved. The 

corresponding USML Category is XI(b), 

which will continue to be a catch-all 

control and will contain the following 

clarified version of the current Category 

XI(b): ‘‘Electronic systems or equipment 

‘‘specially designed’’ for the collection, 

surveillance, monitoring, or exploitation 

of the electromagnetic spectrum 

(regardless of transmission medium), for 

intelligence or security purposes or for 

counteracting such activities.’’ State’s 

proposed revision to Category XI(b) will 


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contain references to certain types of 

equipment and systems that are per se 

within the scope of the revised Category 

XI(b). BIS encourages the public to 

comment on whether this approach 

creates any confusion regarding the 

jurisdictional status of any items that 

are commonly used in normal 

commercial, non-intelligence, or nonsecurity use, including those controlled 

under ECCN 5A980 (‘‘Devices primarily 

useful for the surreptitious interception 

of wire, oral, or electronic 

communications.’’) 

Paragraph .c would control 

microwave monolithic integrated circuit 

(MMIC) power amplifiers based in 

general on four parameters: Rated 

operating frequency; peak saturated 

power output, fractional bandwidth and 

power added efficiency. This paragraph 

covers MMIC power amplifiers with 

rated operating frequencies ranging from 

2.7 GHz through 75 GHz in six 

subparagraphs ranging from the lowest 

to the highest operating frequency 

ranges, with a gap for MMIC power 

amplifiers rated for an operation 

frequency range of 31.8 GHz up to and 

including 37.5 GHz, which are covered 

by ECCN 3A001.b.2.d. The threshold 

values of the other three parameters 

decline as the operating frequency range 

increases. For the lowest operating 

frequency range (2.7 GHz through 3.2 

GHz), the peak saturated power output 

parameter is one of three alternative 

power measurements that define the 

threshold for inclusion within 

paragraph .c. The other two are: 

(1) Average power output and fractional 

bandwidth; and (2) pulse power output 

and (3) duty cycle. 

Paragraph .d would control discrete 

radio frequency transistors in five 

graduated steps over the operating 

frequency range of 2.7 GHz through 75 

GHz, with a gap for transistors with an 

operating frequency range exceeding 

31.8 GHz up to and including 37.5 GHz, 

which are covered by ECCN 

3A001.b.3.c. This paragraph uses the 

same parameters that as are used to 

identify MMIC power amplifiers in 

paragraph .c and, as with MMIC power 

amplifiers, the threshold values for the 

other parameters decline as the 

operating frequency increases. 

Paragraph .e would control high 

frequency (HF) surface wave radar 

capable of ‘‘tracking’’ surface targets on 

oceans. 

Paragraph .f would control 

microelectronic devices and printed 

circuit boards that are certified to be a 

‘‘trusted device’’ from a defense 

microelectronics activity (DMEA) 

accredited supplier. 

Each of these new ECCNs describes 

electronic items that BIS understands to 

be inherently military or otherwise 

exclusively designed and manufactured 

for military use. BIS encourages the 

public to test this understanding and 

identify items, if any, that fall within 

the scope of these new ECCNs that are 

in normal commercial use. If so, the 

comments should provide details on 

such commercial applications. In 

particular, BIS asks the public to 

comment on whether the controls in 

proposed new paragraphs 3A611.c 

(MMICs) and 3A611.d (discrete radio 

frequency transistors) are sufficiently 

limited to those not now or likely to be 

in normal commercial use by U.S. or 

foreign telecommunications or other 

non-military applications. The basis for 

this request is that the current USML 

Category XI(c) does not now control any 

electronic parts, components, 

accessories, attachments, or associated 

equipment ‘‘in normal commercial use’’ 

even if they were ‘‘specifically designed 

or modified for use with the equipment’’ 

controlled in USML categories XI(a) or 

XI(b), which are, in essence, electronic 

equipment ‘‘specifically designed, 

modified, or configured for military 

application.’’ One of the goals of the 

reform effort is to ensure that items that 

are currently EAR controlled are not 

unintentionally made ITAR or ‘‘600 

series’’ controlled, through the creation 

of more positive lists. This objective, 

however, does not preclude the 

possibility of the Administration 

intentionally making ITAR or ‘‘600 

series’’ controlled items that are today 

subject to the other parts of the EAR. 

Paragraphs .g through .w would be 

reserved. 

Paragraph .x would control ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity controlled 

by ECCN 3A611 or for an article 

controlled by USML Category XI, and 

not enumerated in a USML Category. 

A note is proposed for ECCN 3A611.x 

clarifying that electronic parts, 

components, accessories, and 

attachments that are ‘‘specially 

designed’’ for military use that are not 

enumerated in any USML Category but 

are within the scope of a ‘‘600 series’’ 

ECCN are controlled by that ‘‘600 

series’’ ECCN. Thus, for example, 

electronic components not enumerated 

on the USML that are ‘‘specially 

designed’’ for a military aircraft 

controlled by USML Category VIII or 

ECCN 9A610 would be controlled by 

ECCN 9A610.x. Similarly, electronic 

components not enumerated on the 

USML that are ‘‘specially designed’’ for 

a military vehicle controlled by USML 

Category VII or ECCN 0A606 would be 

controlled by ECCN 0A606.x. The 

purpose of this note and the limitations 

in ECCN 3A611.x is to prevent any 

overlap of controls over electronics 

specially designed for particular types 

of items described in other 600 series 

ECCNs (which would not be controlled 

by 3A611.x) and all other electronic 

parts, components, accessories, and 

attachments specially designed for 

military electronics that are not 

enumerated on the USML (which would 

be controlled by ECCN 3A611.x). 

A second note proposed for ECCN 

3A611.x specifies that ECCN 3A611.x 

controls parts and components 

‘‘specially designed’’ for underwater 

sensors or projectors controlled by 

proposed USML Category XI(c)(12) 

containing single-crystal lead 

magnesium niobate lead titanate (PMN– 

PT) based piezoelectrics. 

ECCN 3A611 also would contain a 

paragraph .y for items of little or no 

military significance that would be 

controlled only for AT1 reasons. 

New ECCN 3B611 

Proposed ECCN 3B611 would impose 

controls on test, inspection, and 

production end items and equipment 

‘‘specially designed’’ for items 

controlled in ECCN 3A611 or USML 

Category XI that are not enumerated in 

USML XI or controlled by a ‘‘600 series’’ 

ECCN under paragraph .a and for 

‘‘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 under paragraph .x. 

New ECCN 3D611 

Proposed ECCN 3D611 would impose 

controls on software ‘‘specially 

designed’’ for the ‘‘development,’’ 

‘‘production,’’ operation, or 

maintenance of commodities controlled 

by 3A611 or 3B611 other than software 

for 3A611.y or 3B611.y. 

New ECCN 3E611 

Proposed ECCN 3E611 would impose 

controls on ‘‘technology’’ ‘‘required’’ for 

the ‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, or overhaul of commodities or 

software controlled by ECCN 3A611, 

3B611 or 3D611 (except technology for 

3A611.y, 3B611.y and 3D611.y), which 

would be controlled for AT1 reasons 

only. 

Revisions to ECCNs 3A101 and 4A003 

The analog-to-digital converters 

described in the proposed revision to 


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3A101.a would become subject to the 

EAR. Currently ECCN 3A101 is refers 

readers to the ITAR for analog-to-digital 

converters described in paragraph .a. 

These converters are and would 

continue to be controlled for MT 

reasons because they are identified on 

the Missile Technology Control Regime 

Annex. Placing such items in this ECCN 

rather than the new 3A611 will make it 

easier to identify, classify, and control 

such items. Consequently, this proposed 

rule adds analog-to-digital converters 

useable in ‘‘missiles’’ and having any of 

the characteristics described in 

proposed 3A101.a.1, a.2, a.3, or a.4. 

In addition, adding the new text in 

3A101.a.4 for electrical input type 

analog-to-digital converter printed 

circuit boards or modules requires that 

this proposed rule amend ECCN 4A003 

to add an MT control for items classified 

under ECCN 4A003.e when meeting or 

exceeding the parameters described in 

ECCN 3A101.a.4. This amendment is 

necessary as the MT items in new 

paragraph 3A101.a.4 are a subset of the 

items in paragraph 4A003.e. 

Revisions to ECCN 5A001 

This proposed rule revises the Related 

Controls paragraph in ECCN 5A001 to 

provide more detailed references to 

telecommunications equipment subject 

to the ITAR under USML Categories XI 

and XV, while maintaining references to 

ECCNs 5A101, 5A980, and 5A991. 

New Cross Reference ECCNs 

Three new cross reference ECCNs 

would be created to alert readers that 

computers, telecommunications 

equipment, and radar—and parts, 

components, accessories and 

attachments ‘‘specially designed’’ 

therefor—are controlled by ECCN 3A611 

if they are specially designed for 

military use. These cross references are 

intended to reduce the likelihood of 

confusion that might otherwise arise 

because computers, telecommunications 

equipment, and radar generally are in 

CCL Categories 4, 5 (Part 1) and 6, 

respectively. The new cross reference 

ECCNs and the Categories in which they 

would appear are: 4A611, Category 4; 

5A611, Category 5, Part 1; and 6A611, 

Category 6. 

Corrections to ECCNs 7A006 and 7D101 

This proposed rule would correct the 

reasons for control paragraph of ECCN 

7A006 to state that the missile 

technology reason for control applies to 

those items covered by ECCN 7A006 

that also meet or exceed the parameters 

of ECCN 7A106. ECCN 7A006 now 

applies the missile technology reason 

for control to a range of airborne 

altimeters that extends beyond the range 

of altimeters that are on the MTCR 

annex. BIS’s practice is to apply the 

missile technology reason for control 

only to items on that annex. This 

proposed change would make ECCN 

7A006 conform to that practice. 

Similarly, this proposed rule would add 

the phrase ‘‘for missile technology 

reasons’’ to the heading of ECCN 7D101. 

ECCN 7D101 applies the missile 

technology reason for control to 

software for a range of commodity 

ECCNs. Not all of those commodities are 

controlled for missile technology 

reasons. The text proposed here would 

limit the scope of missile technology 

controls in ECCN 7A106 to commodities 

on the MTCR Annex and that of ECCN 

7D101 to software for commodities on 

the MTCR Annex. 

New 9X620 Series of ECCNs 

Proposed ECCNs 9A620, 9B620, 

9D620, and 9E620 would apply NS1, 

RS1, AT1 and UN reasons for control to 

cryogenic and superconducting 

equipment described in Category ML20 

of the Wassenaar Arrangement 

Munitions List and to test, inspection 

and production equipment, software 

and technology therefor. Category ML20 

covers cryogenic and superconducting 

equipment that is ‘‘specially designed’’ 

to be installed in a vehicle for military 

ground, marine, airborne, or space 

applications. BIS believes that such 

equipment is used in experimental or 

developmental vehicle propulsion 

systems that employ superconducting 

components and cryogenic equipment 

to cool those components to 

temperatures at which they 

superconduct. BIS has not identified 

evidence of trade in such items. To the 

extent that exports do exist, the items 

would be subject to the license 

requirements of the USML Category that 

controls the vehicle into which the 

equipment would be installed, i.e., 

Category VI, surface vessels; Category 

VII, ground vehicles; Category VIII, 

aircraft; and Category XV, spacecraft. 

BIS proposes to place this cryogenic and 

superconducting equipment, its related 

test, inspection and production 

equipment, and its related software and 

technology into a single set of 600 series 

ECCNs ending with the digits ‘‘20’’ to 

correspond to the relevant Wassenaar 

Arrangement Munitions List Category. 

This approach would further the 

administration’s Export Control Reform 

Initiative goal of aligning U.S. controls 

with multilateral controls wherever 

feasible. Each ECCN in this series is 

described more specifically below. 

New ECCN 9A620 

Paragraph a. would control equipment 

‘‘specially designed’’ to be installed in 

a vehicle for military ground, marine, 

airborne, or space applications, capable 

of operating while in motion and of 

producing or maintaining temperatures 

below 103 K (¥170 °C). Paragraph b. 

would control ‘‘superconductive’’ 

electrical equipment (rotating 

machinery and transformers) ‘‘specially 

designed’’ to be installed in a vehicle for 

military ground, marine, airborne, or 

space applications, and capable of 

operating while in motion. Paragraph x. 

would control parts, components, 

accessories and attachments that were 

‘‘specially designed’’ for a commodity 

controlled by ECCN 9A620. 

New ECCN 9B620 

Proposed ECCN 9B620 would control 

test, inspection, and production end 

items and equipment ‘‘specially 

designed’’ for items controlled in 

proposed ECCN 9A620. 

New ECCN 9D620 

Proposed ECCN 9D620 would control 

software ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by ECCNs 

9A620 or 9B620. 

New ECCN 9E620 

Proposed ECCN 9E620 would control 

a ‘‘technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, or overhaul of commodities or 

software controlled by ECCNs 9A620, 

9B620 or 9D620. 

Proposed New ECCNs and License 

Exception STA 

One of the objectives of the Export 

Control Reform effort is to align the 

jurisdictional status of technology and 

software with the items to which they 

relate. Thus, for example, all technical 

data and software directly related to a 

defense article, i.e., an item identified 

on the ITAR’s USML, will also be ITAR 

controlled. All technology, including 

technical data, and software for the 

production, development, or other 

aspects of an item on the EAR’s CCL 

will be subject to the EAR. Nevertheless, 

some types of software and technology 

are more significant than the 

commodities that are developed or 

produced from or that utilize such 

software or technology. In recognition of 

that fact, this proposed rule would 

preclude use of License Exception STA 

for software and technology (other than 

build-to-print technology) for (1) Helix 

traveling wave tubes (TWTs); (2) 


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Federal Register / Vol. 77, No. 229 / Wednesday, November 28, 2012 / Proposed Rules 70949 

Transmit/receive or transmit modules; 

(3) Microwave monolithic integrated 

circuits (MMIC)s; and (4) Discrete radio 

frequency transistors that would be 

controlled by ECCN 3A611. 

Request for Comments 

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) will be available for public 

inspection and copying. Those wishing 

to comment anonymously may do so by 

submitting their comment via 

regulations.gov and leaving the fields 

for identifying information blank. 

Effects of This Proposed Rule 

Use of License Exceptions 

Military electronic equipment, certain 

cryogenic and superconducting 

equipment, and parts, components, and 

test, inspection, and production 

equipment therefor currently on the 

USML that this rule would place on the 

CCL 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 close allies. The 

exchange of information and statements 

required under STA is substantially less 

burdensome than are the license 

application requirements currently 

required under the ITAR, as discussed 

in more detail in the ‘‘Regulatory 

Requirements’’ section of this proposed 

rule. This proposed rule does not move 

any items currently on the CCL to a 600 

series ECCN; therefore, it would not 

narrow the scope of license exception 

eligibility for any items currently on the 

CCL. 

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 the obligations of the 

United States to the multilateral export 

control regimes. Accordingly, the 

Administration will, in this and 

subsequent proposed rules, exercise its 

national discretion to implement, 

clarify, and, to the extent feasible, align 

its controls with those of the regimes. 

This proposed rule would maintain the 

alignment that exists between the 

USML, in which military electronics are 

controlled under Category XI, and the 

WAML, in which military electronic 

equipment is controlled under ML11 

and would be controlled by ECCN 

3A611 in this proposed rule. Similarly, 

3B611 aligns with WAML 18, which, 

inter alia, controls ‘‘specially designed 

or modified ‘production’ equipment for 

the ‘production’ of products specified 

by the Munitions List, and specially 

designed components therefor.’’ 

This proposed rule would align 

cryogenic and superconducting 

equipment currently controlled in 

Categories VI, VII, VIII, and XV with 

Wassenaar Arrangement Munitions List 

Category ML20 by controlling them 

under ECCN 9A620. As with other 600 

series ECCNs, this rule follows the 

existing CCL numbering pattern for test, 

inspection and production equipment 

(3B611 and 9B620), software (3D611 

and 9D620) and technology (3E611 and 

9E620) rather than strictly following the 

Wassenaar Arrangement Munitions List 

pattern of placing production 

equipment, software and technology for 

munitions list items in categories ML18, 

ML21 and ML22, respectively. BIS 

believes that including the ECCNs for 

test, inspection and production 

equipment, software, and technology in 

the same category as the items to which 

they relate results in an easier to 

understand CCL than would separate 

categories. 

Although the Export Administration 

Act expired on August 20, 2001, the 

President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as extended by the 

Notice of August 15, 2012, 77 FR 49699 

(August 16, 2012), has continued the 

Export Administration Regulations 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. 

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 

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 at 76 FR 41958 (July 15, 

2011), BIS believed that 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 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 would come under BIS 

jurisdiction whether those items would 

be eligible for export under license 

exception. As of June 21, 2012, BIS 

believes the increase in license 

applications may be 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. 

Military electronic equipment, certain 

cryogenic and superconducting 

equipment, related test, inspection and 

production equipment, ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments,’’ ‘‘software’’ and 

‘‘technology’’ formerly on the USML 

would become eligible for License 

Exception STA under this 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 @ 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. The largest impact of the 

proposed rule would likely apply to 

exporters of replacement parts for 

military electronic equipment that has 

been approved under the ITAR for 

export to allies and regime partners. 

Because, with few exceptions, the ITAR 


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allows exemptions from license 

requirements only for exports to 

Canada, most exports of such parts, 

even when destined to NATO and other 

close allies, require specific State 

Department authorization. Under the 

EAR, as proposed in this notice, such 

parts would become eligible for export 

to NATO and other multi-regime allies 

under License Exception STA. 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 understands that 

complying with the burdens 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. 

Even in situations in which a license 

would be required under the EAR, the 

burden is likely to be reduced compared 

to the license requirement of the ITAR. 

In particular, license applications for 

exports of technology controlled by 

ECCN 3E611 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 

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 this proposed rule will 

not have a significant impact on a 

substantial number of small entities. 

Number of Small Entities 

The Bureau of Industry and Security 

(BIS) does not collect data on the size 

of entities that apply for and are issued 

export licenses. Although BIS is unable 

to estimate the exact number of small 

entities that would be affected by this 

rule, it acknowledges that this rule 

would affect some unknown number. 

Economic Impact 

This proposed rule is part of the 

Administration’s Export Control Reform 

Initiative. Under that initiative, the 

United States Munitions List (22 CFR 

part 121) (USML) would be revised to be 

a ‘‘positive’’ list, i.e., a list that does not 

use generic, catch-all controls on any 

part, component, accessory, attachment, 

or end item that was in any way 

specifically modified for a defense 

article, regardless of the article’s 

military or intelligence significance or 

non-military applications. At the same 

time, articles that are determined to no 

longer warrant control on the USML 

would become controlled on the 

Commerce Control List (CCL). Such 

items, along with certain military items 

that currently are on the CCL, will be 

identified in specific Export Control 

Classification Numbers (ECCNs) known 

as the ‘‘600 series’’ ECCNs. In practice, 

the greatest impact of this rule on small 

entities would likely be reduced 

administrative costs and reduced delay 

for exports of items that are now on the 

USML but would become subject to the 

EAR. 

This rule focuses on Category XI 

articles, which are, in essence, military 

and intelligence-related electronic 

equipment, ‘‘parts,’’ ‘‘components,’’ and 

‘‘accessories’’ and ‘‘attachments’’ 

therefor; test, inspection and production 

equipment for military electronic 

equipment and ‘‘parts,’’ ‘‘components’’ 

and ‘‘accessories and attachments’’ 

therefor, and related software and 

technology and on certain laser and 

radar altimeters that currently are 

controlled under Category IV of the 

USML. 

Electronic equipment related to 

certain military or intelligence-gathering 

functions would remain on the USML. 

However, parts, components, 

accessories and attachments for that 

equipment would be included on the 

CCL unless expressly enumerated on the 

USML. Such parts and components are 

more likely to be produced by small 

businesses than complete items of 

electronic equipment, which would in 

many cases become subject to the EAR. 

Moreover, officials of the Department of 

State have informed BIS that license 

applications for such parts and 

components are a high percentage of the 

license applications for USML articles 

review by that department. One of the 

purposes of this proposed change is to 

ensure the ‘‘right sizing’’ of controls on 

military electronics. The current USML 

Category XI is little more than a ‘‘catchall’’ paragraph that controls all 

equipment specifically designed or 

modified for military use and all parts, 

components, accessories specifically 

designed or modified for such 

equipment, except those ‘‘in normal 

commercial use,’’ regardless of the age, 

sensitivity, availability, or military 

significance of the electronics. The 

proposed changes in this rule will not 

result in the decontrol of such items, but 

will allow for reduction in 

administrative and collateral regulatory 

burdens by, for example, allowing for 

the use of License Exception STA for 

exports when the ultimate end user is in 

a NATO and other multi-regime allied 

country. 

Thus, changing the jurisdictional 

status of Category XI articles would 

reduce the burden on small entities (and 

other entities as well) through: 

Elimination of some license 

requirements, greater availability of 

license exceptions, simplification of 

license application procedures, and 

reduction (or elimination) of registration 

fees. In addition, parts and components 

controlled under the ITAR remain under 

ITAR control when incorporated into 

foreign-made items, regardless of the 

significance or insignificance of the 

item, discouraging foreign buyers from 

incorporating such U.S. content. The 

availability of de minimis treatment 

under the EAR may reduce the incentive 

for foreign manufacturers to avoid 

purchasing U.S.-origin parts and 

components. 

Exporters and reexporters of the 

Category XI articles, particularly parts 

and components, that would be placed 

on the CCL by this rule would need 

fewer licenses because their transactions 

would become eligible for license 

exceptions that apply to shipments to 

United States Government agencies, 

shipments valued at less than $1,500, 

parts and components being exported 

for use as replacement parts, temporary 

exports, and License Exception Strategic 

Trade Authorization (STA). License 


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Exceptions under the EAR would allow 

suppliers to send routine replacement 

parts and low level parts to NATO and 

other close allies and export control 

regime partners for use by those 

governments and for use by contractors 

building equipment for those 

governments or for the U.S. government 

without having to obtain export 

licenses. Under License Exception STA, 

the exporter would need to furnish 

information about the item being 

exported to the consignee and obtain a 

statement from the consignee that, 

among other things, would commit the 

consignee to comply with the EAR and 

other applicable U.S. laws. 

Because such statements and 

obligations can apply to an unlimited 

number of transactions and have no 

expiration date, they would impose a 

net reduction in burden on transactions 

that the government routinely approves 

through the license application process 

that the License Exception STA 

statements would replace. 

Even for exports and reexports in 

which a license would be required, the 

process would be simpler and less 

costly under the EAR. When a USML 

Category XI article or Category IV 

altimeter moved to the CCL, the number 

of destinations for which a license is 

required would remain unchanged. 

However, the burden on the license 

applicant would decrease because the 

licensing procedure for CCL items is 

simpler and more flexible that the 

license procedure for UMSL articles. 

Under the USML licensing procedure, 

an applicant must include a purchase 

order or contract with its application. 

There is no such requirement under the 

CCL licensing procedure. This 

difference gives the CCL applicant at 

least two advantages. First, the 

applicant has a way of determining 

whether the U.S. Government will 

authorize the transaction before it enters 

into potentially lengthy, complex, and 

expensive sales presentations or 

contract negotiations. Under the USML 

procedure, the applicant will need to 

caveat all sales presentations with a 

reference to the need for government 

approval and is more likely to have to 

engage in substantial effort and expense 

only to find that the government will 

reject the application. Second, a CCL 

license applicant need not limit its 

application to the quantity or value of 

one purchase order or contract. It may 

apply for a license to cover all of its 

expected exports or reexports to a 

particular consignee over the life of a 

license (normally two years, but may be 

longer if circumstances warrant a longer 

period), reducing the total number of 

licenses for which the applicant must 

apply. 

In addition, many applicants 

exporting or reexporting items that this 

rule would transfer from the USML to 

the CCL would realize cost savings 

through the elimination of some or all 

registration fees currently assessed 

under the USML’s licensing procedure. 

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. There are no registration or 

application processing fees for 

applications to export items listed on 

the CCL. Once the Category XI articles 

and Category IV altimeters that are the 

subject to this rulemaking are added to 

the CCL and removed from the USML, 

entities currently applying for licenses 

from the Department of State would find 

their registration fees reduced if the 

number of USML licenses those entities 

need declines. If an entity’s entire 

product line is moved to the CCL, then 

its ITAR registration and registration fee 

requirement would be eliminated. 

De minimis treatment under the EAR 

would become available for all items 

that this rule would transfer from the 

USML to the CCL. Items subject to the 

ITAR remain subject to the ITAR when 

they are incorporated abroad into a 

foreign-made product regardless of the 

percentage of U.S. content in that 

foreign-made product. Foreign-made 

products that incorporate items that this 

rule would move to the CCL would be 

subject to the EAR only if their total 

controlled U.S.-origin content exceeded 

10 percent. Because including small 

amounts of U.S.-origin content would 

not subject foreign-made products to the 

EAR, foreign manufacturers would have 

less incentive to avoid such U.S.-origin 

parts and components, a development 

that potentially would mean greater 

sales for U.S. suppliers, including small 

entities. 

This rule also contains proposed EAR 

controls on cryogenic and 

superconducting equipment ‘‘specially 

designed’’ to be installed in a vehicle for 

military ground, marine, airborne, or 

space applications, and related test, 

inspection and production equipment, 

software and technology. BIS believes 

that these items are largely experimental 

or developmental and has not identified 

evidence of trade in such items. 

Therefore, removing them from the 

USML and adding them to the CCL is 

unlikely to have a significant impact on 

large or small entities. 

Conclusion 

BIS is unable to determine the precise 

number of small entities that would be 

affected by this rule. Based on the facts 

and conclusions set forth above, BIS 

believes that any burdens imposed by 

this rule would be offset by the 

reduction in the number of items that 

would require a license, increased 

opportunities for use of license 

exceptions for exports to certain 

countries, simpler export license 

applications, reduced or eliminated 

registration fees and application of a de 

minimis threshold for foreign-made 

items incorporating U.S.-origin parts 

and components, which would reduce 

the incentive for foreign buyers to 

design out or avoid U.S.-origin content. 

For these reasons, the Chief Counsel for 

Regulation of the Department of 

Commerce certified to the Chief Counsel 

for Advocacy of the Small Business 

Administration that this rule, if adopted 

in final form, would not have a 

significant economic impact on a 

substantial number of small entities. 

List of Subjects in 15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

Accordingly, part 774 of the Export 

Administration Regulations (15 CFR 

parts 730–774) is proposed to be 

amended as follows: 

PART 774—[AMENDED] 

1. The authority citation for 15 CFR 

part 774 continues to read as follows: 

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

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

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

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

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

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

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

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

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

Comp., p. 783; Notice of August 15, 2012, 77 

FR 49699 (August 16, 2012). 

2. In Supplement No. 1 to Part 774, 

Category 3, amend Export Control 

Classification Number (ECCN) 3A101 

by: 

a. Revising the Related Controls 

paragraph in the List of Items Controlled 

section; and 

b. Revising paragraph a. in the Items 

paragraph in the List of Items Controlled 

section, to read as follows: 


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Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

3A101 Electronic Equipment, Devices and 

Components, Other Than Those Controlled 

by 3A001, as Follows (See List of Items 

Controlled) 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: See also ECCN 4A003.e 

for controls on electrical input type analogto-digital converter printed circuit boards or 

modules. 

* * * * * 

Items: 

a. Analog-to-digital converters useable in 

‘‘missiles,’’ and having any of the following 

characteristics: 

a.1. ‘‘Specially designed’’ to meet military 

specifications for ruggedized equipment; 

a.2. Analog-to-digital converter 

microcircuits which are radiation-hardened; 

a.3. Analog-to-digital converter 

microcircuits having all of the following 

characteristics: 

a.3.a. Having a quantization corresponding 

to 8 bits or more when coded in the binary 

system; 

a.3.b. Rated for operation in the 

temperature range from ¥54 °C to above 

+125 °C; and 

a.3.c. Hermetically sealed; or 

a.4. Electrical input type analog-to-digital 

converter printed circuit boards or modules 

having all of the following characteristics: 

a.4.a. Having a quantization corresponding 

to 8 bits or more when coded in the binary 

system; 

a.4.b. Rated for operation in the 

temperature range from below ¥45°C to 

above +55°C; and 

a.4.c. Incorporating microcircuits 

identified in 3A101.a.2 or a.3; 

* * * * * 

3. In Supplement No. 1 to Part 774, 

between the entries for ECCNs 3A292 

and 3A980, add new entry for ECCN 

3A611 to read as follows: 

3A611 Military Electronics, as Follows (See 

List of Items Controlled) 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry except 

3A611.y.

NS Column 1 

RS applies to entire 

entry except 

3A611.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry except 

3A611.y.

See § 746.1(b) for UN 

controls 

License Exceptions 

LVS: $1500 (except for ECCN 3A611.c) 

GBS: N/A 

CIV: N/A 

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

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

used for any item in 3A611. 

List of Items Controlled 

Unit: End items in number; parts, 

component, accessories and attachments in 

$ value 

Related Controls: (1) Electronic items that are 

enumerated in USML Category XI or other 

USML categories, and technical data 

(including software) directly related 

thereto, are subject to the ITAR. (2) 

Electronic items ‘‘specially designed’’ for 

military use that are not controlled in any 

USML category but are within the scope of 

another ‘‘600 series’’ ECCN are controlled 

by that ‘‘600 series’’ ECCN. Thus, ECCN 

3A611 controls only electronic items 

‘‘specially designed’’ for a military use that 

are not otherwise within the scope of a 

USML Category or ‘‘600 series’’ ECCN 

other than ECCN 3A611. For example, 

electronic components not enumerated on 

the USML or another 600 series entry that 

are ‘‘specially designed’’ for a military 

aircraft controlled by USML Category VIII 

or ECCN 9A610 are controlled by the 

catch-all control in ECCN 9A610.x. 

Electronic components not enumerated on 

the USML or another 600 series entry that 

are ‘‘specially designed’’ for a military 

vehicle controlled by USML Category VII 

or ECCN 0A606 are controlled by ECCN 

0A606.x. Electronic components not 

enumerated on the USML that are 

‘‘specially designed’’ for a missile 

controlled by USML Category IV are 

controlled by ECCN 0A604. 

Related Definitions: N/A 

Items: 

a. Electronic ‘‘equipment,’’ ‘‘end items,’’ 

and ‘‘systems’’ ‘‘specially designed’’ for 

military use that are not enumerated in either 

a USML category or another ‘‘600 series’’ 

ECCN. 

Note: ECCN 3A611.a includes any radar, 

telecommunications, or computer equipment, 

end items, or systems ‘‘specially designed’’ 

for military use that are not enumerated in 

any USML category or controlled by a ‘‘600 

series’’ ECCN. 

b. [Reserved] 

c. Microwave ‘‘monolithic integrated 

circuits’’ (MMIC) power amplifiers having 

any of the following: 

1. Rated for operation at frequencies of 2.7 

GHz up to and including 3.2 GHz, having a 

power added efficiency of 30% or greater, 

and having any of the following: 

a. An average output power greater than 15 

W (41.7 dBm) with a ‘‘fractional bandwidth’’ 

greater than 15%; 

b. A pulse power output greater than 75 W 

(48.75 dBm) and a duty cycle of 20% or 

more; or 

c. A ‘peak saturated power output’ greater 

than 75 W (48.75 dBm); 

2. Rated for operation at frequencies 

exceeding 3.2 GHz up to and including 6.8 

GHz and with a ‘peak saturated power output 

greater’ than 40W (46 dBm) with a ‘‘fractional 

bandwidth’’ greater than 15% and a power 

added efficiency of 40% or greater; 

3. Rated for operation at frequencies 

exceeding 6.8 GHz up to and including 16 

GHz and with a ‘peak saturated power 

output’ greater than 10W (40 dBm) with a 

‘‘fractional bandwidth’’ greater than 10% and 

a power added efficiency of 35% or greater; 

4. Rated for operation at frequencies 

exceeding 16 GHz up to and including 31.8 

GHz and with a ‘peak saturated power 

output’ greater than 5 W (37 dBm) with a 

‘‘fractional bandwidth’’ greater than 10% and 

a power added efficiency of 30% or greater; 

Note to paragraph .c.4: See ECCN 

3A001.b.2.d for MMIC power amplifiers that 

are rated for operation at frequencies 

exceeding 31.8 GHz up to and including 37.5 

GHz. 

5. Rated for operation at frequencies 

exceeding 37.5 GHz up to and including 43.5 

GHz and with a ‘peak saturated power 

output’ greater than 2.5 W (34dBm) with a 

‘‘fractional bandwidth’’ greater than 10% and 

a power added efficiency of 15% or greater; 

or 

6. Rated for operation at frequencies 

exceeding 43.5 GHz up to and including 75 

GHz and with a ‘peak saturated power 

output’ greater than 2.0 W (33dBm) with a 

‘‘fractional bandwidth’’ greater than 5% and 

a power added efficiency of 10% or greater. 

Note 1 to paragraph c: See ECCN 

3A001.b.2.f for MMIC power amplifiers that 

are rated for operation at frequencies 

exceeding 75 GHz. 

Note 2 to paragraph c: ‘Peak saturated 

power output’ is defined as that value where 

an increase in input rf power does not 

produce a concurrent increase in rf output 

power and may also be referred to as output 

power, saturated power output, maximum 

power output, peak power output, or peak 

envelope power output. 

d. Discrete microwave transistors having 

any of the following: 

1. Rated for operation at frequencies of 2.7 

GHz up to and including 3.2 GHz, having a 

power added efficiency of 30% or greater, 

and having any of the following: 

a. An average output power greater than 48 

W (46.8 dBm); 

b. A pulse power output greater than 240 

W (53.8 dBm) and a duty cycle of 20% or 

more; or 

c. A ‘peak saturated power output’ greater 

than 240 W (53.8 dBm); 

2. Rated for operation at frequencies 

exceeding 3.2 GHz up to and including 6.8 

GHz and having a ‘peak saturated power 

output’ greater than 60W (47.8 dBm) and a 

power added efficiency of 45% or greater; 

3. Rated for operation at frequencies 

exceeding 6.8 GHz up to and including 31.8 

GHz and having a ‘peak saturated power 

output’ greater than 20W (43 dBm) and a 

power added efficiency of 35% or greater; 

Note to paragraph.d.3: See ECCN 

3A001.b.3.c for discrete microwave 

transistors that are rated for operation at 

frequencies exceeding 31.8 GHz up to and 

including 37.5 GHz. 

4. Rated for operation at frequencies 

exceeding 37.5 GHz up to and including 43.5 

GHz and having a ‘peak saturated power 

output’ greater than 1W (30 dBm) and a 

power added efficiency of 20% or greater; or 

5. Rated for operation at frequencies 

exceeding 43.5 GHz up to and including 75 


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Federal Register / Vol. 77, No. 229 / Wednesday, November 28, 2012 / Proposed Rules 70953 

GHz and having a ‘peak saturated power 

output’ greater than 0.5W (27 dBm) and a 

power added efficiency of 15% or greater; or 

Note 1 to paragraph .d: See ECCN 

3A001.b.3.e for discrete microwave 

transistors that are rated for operation at 

frequencies exceeding 75 GHz. 

Note 2 to paragraph .d: ‘Peak saturated 

power output’ is defined as that value where 

an increase in input rf power does not 

produce a concurrent increase in rf output 

power and may also be referred to as 

saturated power, output power, saturated 

power output, maximum power output, peak 

power output, or peak envelope power 

output. 

e. High frequency (HF) surface wave radar 

capable of ‘‘tracking’’ maritime surface 

targets or low altitude airborne targets. 

Note: ECCN 3A611.e does not apply to 

systems, equipment, and assemblies 

‘‘specially designed’’ for marine traffic 

control. 

f. Microelectronic devices or printed 

circuit boards not otherwise controlled on 

the USML that are certified to be a ‘trusted 

device’ from a defense microelectronics 

activity (DMEA) accredited supplier. 

Note: A ‘‘trusted device’’ is a device that 

is certified as produced or manufactured 

under accredited defense microelectronics 

activity (DMEA) procedures at a ‘‘trusted 

foundry,’’ a ‘‘trusted source,’’ or an 

‘‘accredited supplier.’’ A ‘‘trusted foundry’’ is 

a semiconductor foundry that is accredited 

through the defense microelectronics activity 

(DMEA) to be a trusted source for the 

following services: design, foundry services, 

packaging, assembly, and test. A ‘‘trusted 

source,’’ or DMEA ‘‘accredited supplier,’’ is 

a source or supplier that is accredited 

through DMEA to be a trusted source for the 

following services: design, foundry services, 

packaging, assembly, and test. Not all devices 

developed or manufactured by a company 

that is a trusted foundry, trusted source, or 

accredited supplier are per se ‘‘trusted 

devices.’’ Thus, ECCN 3A001.f does not 

include or apply to any other device that is 

not a ‘‘trusted device’’ manufactured or 

exported by such companies. 

g. through w. [Reserved] 

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

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity controlled by 

ECCN 3A611 or for an article controlled by 

USML Category XI, and not enumerated in a 

USML Category. 

Note 1 to ECCN 3A611.x: ECCN 3A611.x 

includes parts, components, accessories, and 

attachments ‘‘specially designed’’ for a radar, 

telecommunications, or computer ‘‘specially 

designed’’ for military use that are neither 

enumerated in any USML Category nor 

controlled in another ‘‘600 series’’ ECCN. 

Note 2 to ECCN 3A611.x: ECCN 3A611.x 

controls parts and components ‘‘specially 

designed’’ for underwater sensors or 

projectors controlled by USML Category 

XI(c)(12) containing single-crystal lead 

magnesium niobate lead titanate (PMN–PT) 

based piezoelectrics. 

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

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

designed’’ for a commodity subject to control 

in this ECCN and not elsewhere specified in 

the CCL, as follows: 

y.1. Electric couplings 

y.2. Cathode ray tubes (CRTs) 

y.3. Electrical connectors 

y.4. Electric fans 

y.5. Rotron fans 

y.6. Electric fuses other than those specially 

designed for explosive detonation 

y.7. Grid vacuum tubes 

y.8. Audio headphones, earphones, handsets, 

and headsets 

y.9. Heat sinks 

y.10. Intercom systems 

y.11. Joy sticks 

y.12. Loudspeakers 

y.13. Mica paper capacitors 

y.14. Microphones 

y.15. Potentiometers 

y.16. Rheostats 

y.17. Electric connector backshells 

y.18. Solenoids 

y.19. Speakers 

y.20. Electric switches other than RF, 

pressure, diplexer, duplexer, circulator, or 

isolator switches 

y.21. Trackballs 

y.22. Electric transformers 

y.23. Vacuum tubes other than TWTs, 

klystron tubes, or tubes specially designed 

for articles enumerated in USML Category 

XII 

y.24. Waveguide 

4. In Supplement No. 1 to Part 774, 

between the entries for ECCNs 3B002 

and 3B991, add new entry for ECCN 

3B611 to read as follows: 

3B611 Test, Inspection, and Production 

Commodities for Military Electronics, as 

Follows (See List of Items Controlled) 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

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 

License Exceptions 

LVS: $1500 

GBS: N/A 

CIV: N/A 

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

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

used for any item in 3B611. 

List of Items Controlled 

Unit: N/A 

Related Controls: N/A 

Related Definitions: N/A 

Items: 

a. Test, inspection, and production end 

items and equipment ‘‘specially designed’’ 

for items controlled in ECCN 3A611 or USML 

Category XI that are not enumerated in USML 

XI or controlled by another ‘‘600 series’’ 

ECCN. 

b. through 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. 

5. In Supplement No. 1 to Part 774, 

between the entries for ECCNs 3D101 

and 3D980, add a new entry for ECCN 

3D611 to read as follows: 

3D611 ‘‘Software’’ ‘‘Specially Designed’’ 

for Military Electronics, as Follows (See 

List of Items Controlled) 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry except 

3D611.y.

NS Column 1 

RS applies to entire 

entry except 

3D611.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry except 

3D611.y.

See § 746.1(b) for UN 

controls 

License Exceptions 

CIV: N/A 

TSR: N/A 

STA: 1. Paragraph (c)(2) of License Exception 

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

used for any ‘‘software’’ in 3D611. 2. 

License Exception STA is not eligible for 

software for the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, or overhaul of items 

enumerated in ECCN 3E611.b. 

List of Items Controlled 

Unit: $ value 

Related Controls: ‘‘Software’’ directly related 

to articles enumerated in USML Category 

XI is subject to the control of USML 

paragraph XI(d). 

Related Definitions: N/A 

Items: 

a. Software ‘‘specially designed’’ for the 

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

maintenance of commodities controlled by 

ECCN 3A611 (other than 3A611.y), 3B611. 

b. through x. [RESERVED] 

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

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

operation or maintenance of commodities 

enumerated in ECCNs 3A611.y. 

6. In Supplement No. 1 to Part 774, 

between the entries for ECCNs 3E292 

and 3E980, add new entry for ECCN 

3E611 to read as follows: 

3E611 Technology ‘‘Required’’ for Military 

Electronics, as Follows (See List of Items 

Controlled) 

License Requirements 

Reason for Control: NS, RS, AT, UN 


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Control(s) Country chart 

NS applies to entire 

entry except 

3E611.y.

NS Column 1 

RS applies to entire 

entry except 

3E611.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry except 

3E611.y.

See § 746.1(b) for UN 

controls 

License Exceptions 

CIV: N/A 

TSR: N/A 

STA: 1. Paragraph (c)(2) of License Exception 

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

used for any technology in 3E611. 2. 

Except for ‘‘build-to-print’’ technology, 

License Exception STA is not eligible for 

technology enumerated in ECCN 3E611.b. 

List of Items Controlled 

Unit: $ value 

Related Controls: Technical data directly 

related to articles enumerated in USML 

Category XI is subject to the control of 

USML paragraph XI(d). 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ (other than that described 

in 3E611.b or 3E611.y) not otherwise 

enumerated in this ECCN ‘‘required’’ for the 

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

installation, maintenance, repair, or overhaul 

of commodities or software controlled by 

ECCN 3A611, 3B611 or 3D611. 

b. ‘‘Technology’’ ‘‘required’’ for the 

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

installation, maintenance, repair, or overhaul 

of 

(1) Helix traveling wave tubes (TWTs); 

(2) Transmit/receive or transmit modules; 

(3) Microwave monolithic integrated 

circuits (MMIC); or 

(4) Discrete radio frequency transistors. 

c. through x. [RESERVED] 

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

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

installation, maintenance, repair or overhaul 

of commodities enumerated in ECCNs 

3A611.y or 3D611.y. 

7. In Supplement No. 1 to Part 774, 

amend ECCN 4A003 by revising the 

License Requirements section to read as 

follows: 

4A003 ‘‘Digital Computers’’, ‘‘Electronic 

Assemblies’’, and Related Equipment 

Therefor, as Follows (See List of Items 

Controlled) and Specially Designed 

Components Therefor 

License Requirements 

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

Control(s) Country chart 

NS applies to 

4A003.b and .c.

NS Column 1 

NS applies to 

4A003.e and .g.

NS Column 2 

Control(s) Country chart 

MT applies to 

4A003.e when the 

parameters in 

3A101.a.4 are met 

or exceeded.

MT Column 1 

CC applies to ‘‘digital 

computers’’ for 

computerized finger-print equipment.

CC Column 1 

AT applies to entire 

entry (refer to 

4A994 for controls 

on ‘‘digital computers’’ with a APP 

> 0.0128 but ≤3.0 

WT).

AT Column 1 

NP applies, unless a License Exception is 

available. See § 742.3(b) of the EAR for 

information on applicable licensing review 

policies. 

Note 1: For all destinations, except those 

countries in Country Group E:1 of 

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

license is required (NLR) for computers with 

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

not exceeding 3.0 Weighted TeraFLOPS (WT) 

and for ‘‘electronic assemblies’’ described in 

4A003.c that are not capable of exceeding an 

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

exceeding 3.0 Weighted TeraFLOPS (WT) in 

aggregation, except certain transfers as set 

forth in § 746.3 (Iraq). 

Note 2: Special Post Shipment Verification 

reporting and recordkeeping requirements for 

exports of computers to destinations in 

Computer Tier 3 may be found in § 743.2 of 

the EAR. 

* * * * * 

8. In Supplement No. 1 to Part 774, 

between the entries for ECCNs 4A102 

and 4A980, add a new entry for ECCN 

4A611 as follows: 

4A611 Computers, and Parts, Components, 

Accessories, and Attachments 

‘‘Specially Designed’’ Therefor, 

‘‘Specially Designed’’ for Military Use 

That Are Not Enumerated in Any USML 

Category Are Controlled by ECCN 3A611 

9. In Supplement No. 1 to Part 774, 

amend ECCN 5A001 by revising the 

Related Controls paragraph of the List of 

Items Controlled section, to read as 

follows: 

5A001 Telecommunications Systems, 

Equipment, Components and 

Accessories, as Follows (See List of 

Items Controlled) 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: 1. See USML Category XV 

for controls on telecommunications 

equipment defined in 5A001.a.1 and any 

other equipment used in satellites that are 

subject to the ITAR. See USML Category XI 

for controls on direction finding equipment 

defined in 5A001.e and any other military 

or intelligence electronic equipment 

subject to the ITAR. 2. See USML Category 

XI(a)(4)(iii) for controls on electronic attack 

and jamming equipment defined in 

5A001.f and .h that are subject to the ITAR. 

3. See also ECCNs 5A101, 5A980, and 

5A991. 

* * * * * 

10. In Supplement No. 1 to Part 774, 

between the entries for ECCNs 5A101 

and 5A980, add a new entry for ECCN 

5A611 as follows: 

5A611 Telecommunications Equipment, 

and Parts, Components, Accessories, 

and Attachments ‘‘Specially Designed’’ 

Therefor, ‘‘Specially Designed’’ for 

Military Use That Are Not Enumerated 

in Any USML Category Are Controlled 

by ECCN 3A611 

11. In Supplement No. 1 to Part 774, 

between the entries for ECCNs 6A226 

and 6A991, add a new entry for ECCN 

6A611 as follows: 

6A611 Radar, and Parts, Components, 

Accessories, and Attachments 

‘‘Specially Designed’’ Therefor, 

‘‘Specially Designed’’ for Military Use 

That Are Not Enumerated in Any USML 

Category or Other ECCN Are Controlled 

by ECCN 3A611. 

12. In Supplement No. 1 to Part 774, 

ECCN 7A006, revise the Reasons for 

Control paragraph of the License 

Requirements section to read as follows: 

7A006 Airborne Altimeters Operating at 

Frequencies Other Than 4.2 to 4.4 GHz 

Inclusive and Having Any of the Following 

(See List of Items Controlled). 

License Requirements 

Reason for Control: NS, MT, AT 

Control(s) Country chart 

NS applies to entire 

entry.

NS Column 1 

MT applies to commodities in this 

entry that meet or 

exceed the parameters of 7A106.

MT Column 1 

AT applies to entire 

entry.

AT Column 1 

* * * * * 

13. In Supplement No. 1 to Part 774, 

ECCN 7D101, revise the heading to read 

as follows: 

7D101 ‘‘Software’’ Specially Designed or 

Modified for the ‘‘Use’’ of Equipment 

Controlled for Missile Technology (MT) 

Reasons by 7A001 to 7A006, 7A101 to 

7A107, 7A115, 7A116, 7A117,7B001, 

7B002, 7B003, 7B101, 7B102, or 7B103. 

* * * * * 

14. In Supplement No. 1 to Part 774, 

between the entries for ECCNs 9A120 

and 9A980, add a new entry for ECCN 

9A620 to read as follows: 

9A620 Cryogenic and ‘‘Superconductive’’ 

Equipment, as Follows (See List of Items 

Controlled). 

Reason for Control: NS, RS, AT, UN 


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Control(s) Country chart 

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 

License Exceptions 

LVS: $1500 

GBS: N/A 

CIV: N/A 

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

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

used for any item in 9A620. 

List of Items Controlled 

Unit: End items in number; parts, 

component, accessories and attachments in 

$ value 

Related Controls: Electronic items that are 

enumerated in USML Category XI or other 

USML categories, and technical data 

(including software) directly related 

thereto, are subject to the ITAR. 

Related Definitions: N/A. 

Items: 

a. Equipment ‘‘specially designed’’ to be 

installed in a vehicle for military ground, 

marine, airborne, or space applications, and 

capable of operating while in motion and of 

producing or maintaining temperatures 

below 103 K (¥170 °C). 

Note to 9A620.a: ECCN 9A620.a includes 

mobile systems incorporating or employing 

accessories or components manufactured 

from non-metallic or non-electrical 

conductive materials such as plastics or 

epoxy-impregnated materials. 

b. ‘‘Superconductive’’ electrical equipment 

(rotating machinery and transformers) 

‘‘specially designed’’ to be installed in a 

vehicle for military ground, marine, airborne, 

or space applications, and capable of 

operating while in motion. 

Note to 3A610.b: ECCN 9A620.b. does not 

control direct-current hybrid homopolar 

generators that have single-pole normal metal 

armatures which rotate in a magnetic field 

produced by superconducting windings, 

provided those windings are the only 

superconducting components in the 

generator. 

c. through w. [Reserved] 

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

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity controlled by 

ECCN 9A620. 

15. In Supplement No. 1 to Part 774, 

between the entries for ECCNs 9B117 

and 9B990, add a new entry for ECCN 

9B620 to read as follows: 

9B620 Test, Inspection, and Production 

Commodities for Cryogenic and 

‘‘Superconductive’’ Equipment (See List 

of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

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 

License Exceptions 

LVS: $1500 

GBS: N/A 

CIV: N/A 

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

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

used for any item in 9B620. 

List of Items Controlled 

Unit: N/A 

Related Controls: N/A 

Related Definitions: N/A 

Items: Test, inspection, and production end 

items and equipment ‘‘specially designed’’ 

for items controlled in ECCN 9A620. 

16. In Supplement No. 1 to Part 774, 

between the entries for ECCNs 9D105 

and 9D990, add a new entry for ECCN 

9D620 to read as follows: 

9D620 ‘‘Software’’ ‘‘Specially Designed’’ 

for Cryogenic and ‘‘Superconductive’’ 

Equipment, as Follows (See List of Items 

Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

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 

License Exceptions 

CIV: N/A 

TSR: N/A 

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

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

used for any ‘‘software’’ in 9D620. 

List of Items Controlled 

Unit: $ value 

Related Controls: ‘‘Software’’ directly related 

to articles enumerated on USML are 

subject to the control of that USML 

category. 

Related Definitions: N/A 

Items: Software ‘‘specially designed’’ for the 

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

or maintenance of commodities controlled 

by ECCNs 9A620 or 9B620. 

17. In Supplement No. 1 to Part 774, 

between the entries for ECCNs 9E102 

and 9E990, add a new entry for ECCN 

9E620 to read as follows: 

9E620 Technology ‘‘Required’’ for 

Cryogenic and ‘‘Superconductive’’ 

Equipment, as Follows (See List of Items 

Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

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 

License Exceptions 

CIV: N/A 

TSR: N/A 

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

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

used for any technology in 9E620. 

List of Items Controlled 

Unit: $ value 

Related Controls: Technical data directly 

related to articles enumerated on USML are 

subject to the control of that USML 

category. 

Related Definitions: N/A 

Items: ‘‘Technology’’ ‘‘required’’ for the 

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

installation, maintenance, repair, or overhaul 

of commodities or software controlled by 

ECCN 9A620, 9B620 or 9D620. 

Dated: November 16, 2012. 

Kevin J. Wolf, 

Assistant Secretary of Commerce for Export 

Administration. 

[FR Doc. 2012–28396 Filed 11–23–12; 11:15 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 15 

[Docket No. FDA–2012–N–1148] 

FDA Actions Related to Nicotine 

Replacement Therapies and SmokingCessation Products; Report to 

Congress on Innovative Products and 

Treatments for Tobacco Dependence; 

Public Hearing; Request for Comments 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of public hearing; request 

for comments. 

SUMMARY: The Food and Drug 

Administration (FDA) is announcing a 

1-day public hearing to obtain input on 

certain questions related to the 

implementation of the Federal Food, 

Drug, and Cosmetic Act (the FD&C Act), 

as amended by the Family Smoking 

Prevention and Tobacco Control Act 


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