```

[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Rules and Regulations]
[Pages 37371-37395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14644]

[[Page 37371]]

Vol. 78

Thursday,

No. 119

June 20, 2013

Part IV

Department of Commerce

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Bureau of Industry and Security

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15 CFR Parts 738, 740, 742 et al.

Wassenaar Arrangement 2012 Plenary Agreements Implementation: Commerce 
Control List, Definitions, and Reports; Final Rule

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

[[Page 37372]]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 738, 740, 742, 743, 746, 752, 770, 772, and 774

[Docket No. 121207691-3383-02]
RIN 0694-AF83

Wassenaar Arrangement 2012 Plenary Agreements Implementation: 
Commerce Control List, Definitions, and Reports

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) maintains, as part 
of its Export Administration Regulations (EAR), the Commerce Control 
List (CCL), which identifies certain of the items subject to Department 
of Commerce jurisdiction. This final rule revises the CCL to implement 
changes made to the Wassenaar Arrangement's List of Dual-Use Goods and 
Technologies (Wassenaar List) maintained and agreed to by governments 
participating in the Wassenaar Arrangement on Export Controls for 
Conventional Arms and Dual-Use Goods and Technologies (Wassenaar 
Arrangement, or WA) at the December 2012 WA Plenary Meeting (the 
Plenary). The Wassenaar Arrangement advocates implementation of 
effective export controls on strategic items with the objective of 
improving regional and international security and stability. This rule 
harmonizes the CCL with the changes made to the WA List at the Plenary 
by revising ECCNs controlled for national security reasons in each 
category of the CCL, except category 8, as well as amending the General 
Software Note, WA reporting requirements, and definitions section in 
the EAR. BIS is adding unilateral controls to the CCL for specific 
software and technology for aviation control systems, which the WA 
agreements removed from the WA List, i.e., EAR national security 
controls.

DATES: This rule is effective: June 20, 2013.

FOR FURTHER INFORMATION CONTACT: For general questions contact Sharron 
Cook, Office of Exporter Services, Bureau of Industry and Security, 
U.S. Department of Commerce at 202-482 2440 or by email: 
Sharron.Cook@bis.doc.gov.
    For technical questions contact:

Categories 1 & 2: Michael Rithmire at 202-482-6105.
Category 3: Brian Baker at 202-482-5534.
Categories 4 & 5: ITCD staff 202-482-0707.
Category 6 (optics): Chris Costanzo at 202-482-0718.
Category 6 (lasers): Mark Jaso at 202-482-0987.
Category 6 (sensors and cameras): John Varesi 202-482-1114.
Category 7: Jaymi Love 202-482-6581.
Category 9: Daniel Squire 202-482-3710.

SUPPLEMENTARY INFORMATION:

Background

    The Wassenaar Arrangement (WA) on Export Controls for Conventional 
Arms and Dual-Use Goods and Technologies is a group of 41 like-minded 
states committed to promoting responsibility and transparency in the 
global arms trade, and preventing destabilizing accumulations of arms. 
As a Participating State, the United States has committed to 
controlling for export all items on the WA control lists. The lists 
were first established in 1996 and have been revised annually 
thereafter. Proposals for changes to the WA control lists that achieve 
consensus are approved by Participating States at annual December 
Plenary meetings. Participating States are charged with implementing 
the agreed list changes as soon as possible after approval. 
Implementation of WA list changes ensures U.S. companies have a level 
playing field with their competitors in other WA member states.

Revisions to the Commerce Control List

    Out of the 37 Export Control Classification Numbers (ECCNs) 
included in this rule, the following 28 ECCNs on the Commerce Control 
List (CCL) are revised to implement the changes to the Wassenaar List 
of Dual-Use Goods and Technologies agreed to at the December 2012 WA 
Plenary meeting: ECCNs 1A004, 1C001, 2B001, 2B006, 2D001, 2D002, 3A001, 
3A002, 3B001, 3C002, 4D001, 5A001, 5B001, 5E001, 5A002, 5E002, 6A001, 
6A002, 6A005, 6C004, 6C005, 7A001, 7D003, 7E001, 7E004, 9A001, 9A018 
and 9E003; and the following two (2) ECCNs, 2D003 and 7D004, are added 
to the CCL to implement the changes to the Wassenaar List of Dual-Use 
Goods and Technologies agreed to at the December 2012 WA Plenary 
meeting.
    Corresponding changes related to the movement of 5A001.i to 
5A001.f.1 are made to ECCNs 5A980, 5D001, 5D980, 5E001and 5E980.
    This rule also makes additions to 0D521 and 0E521 for ``source 
code'' for the ``development'' of fly-by-wire control systems and 
``technology'' for fly-by-wire control systems, see 7D004 for 
explanation.

Category 1 Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins''

1A004 (Protective and Detection Equipment and Components)

    In the introductory paragraph .a of the Items paragraph in the List 
of Items Controlled section, ``Gas masks'' is replaced by ``Full face 
masks'' and a Technical Note is added to explain that ``for the purpose 
of 1A004.a, full face masks are also known as gas masks.'' The masks 
controlled in 1A004.a protect against more than just gases and the term 
gas masks has been replaced by full face masks in manufacture data 
sheets. This change in terminology does not change the scope of the 
control.
    In the Note at the end of the Items paragraph in the List of Items 
Controlled section, paragraph .b is amended by replacing ``Equipment'' 
with ``Occupational health or safety equipment'' to clarify the scope 
of the exclusion Note.

1C001 (Materials Specially Designed for Use as Absorbers of 
Electromagnetic Waves, or Intrinsically Conductive Polymers)

    Paragraph 1C001.b (Piezoelectric polymers and copolymers) of the 
Items paragraph in the List of Items Controlled section is amended by 
adding an exclusion Note for materials, specially designed or 
formulated for laser marking of polymers; or laser welding of polymers, 
because these materials are not used in military applications.
    Paragraph 1C001.c (Seals, gaskets, valve seats, bladders or 
diaphragms) of the Items paragraph in the List of Items Controlled 
section is amended by adding an exclusion Note for 1C001.c materials in 
liquid form, because the liquid form is not used in military 
applications but is used in commercial applications to make a 
transparent conductive layer. It is also used, for example, in the 
liquid crystal panel of televisions, personal computers, and other such 
commercial commodities.

Category 2--Materials Processing

2B001 (Machine Tools)

    The Header is amended to remove the phrase ``and specially designed 
components'' to harmonize with the changes to 2B001.f.
    The Unit paragraph of the List of Items Controlled section is 
amended by removing the phrase ``components in $ value'' to harmonize 
with the changes in 2B001.f. Amendments to the Items

[[Page 37373]]

paragraph of the List of Items controlled section in 2B001 are as 
follows.
    The exclusion Note 2 to 2B001 is amended by correcting the spelling 
of jewelry in paragraph .d and adding paragraph .e for dental 
prostheses.
    2B001.a (Machine tools for turning) is amended by revising the 
positioning accuracy in 2B001.a.1 from 4.5 [micro]m to 3.0 [micro]m and 
moving the phrase ``according to ISO 230/2 (2006)'' within that 
paragraph, and adding the phrase ``or national equivalents'' to 
harmonize with WA agreed text.
    2B001.b (Machine tools for milling) is amended by revising the 
positioning accuracy in 2B001.b.1.a from 4.5 [micro]m to 3.0 [micro]m 
and moving the phrase ``according to ISO 230/2 (2006)'' within that 
paragraph, and adding the phrase ``or national equivalents'' to 
harmonize with WA agreed text.
    2B001.b.2 (Five or more axes machine tools for milling) is amended 
by adding three paragraphs b.2.a, b.2.b and b.2.c with combinations of 
positioning accuracy and travel length parameters: equal to or less 
than 3.0 [micro]m/less than 1m, equal to or less than 4.5 [micro]m/
greater than 1m and less than 2 m, and equal to or less than 4.5 + 
7x(L-2) [micro]m (L is the travel length in meters)/equal to or greater 
than 2m, respectively. In addition, this rule moves the phrase 
``according to ISO 230/2 (2006)'' within b.2.b and b.2.c, and adds the 
phrase ``or national equivalents'' to harmonize with WA agreed text. A 
Note is added after b.2 to point people to 2B001.b.2.d for parallel 
mechanism machine tools.
    2B001.b.2.d is added to clarify that 2B001 controls five or more 
axes machine tools for milling that are also `parallel mechanism 
machine tools.' A Technical Note accompanying this paragraph explains 
that a `parallel mechanism machine tool' is a machine tool having 
multiple rods, which are linked with a platform and actuators; each of 
the actuators operates the respective rod simultaneously and 
independently.
    2B001.b.3 is amended by moving the phrase ``according to ISO 230/
2(2006)'' in this paragraph and replacing ``along any linear axis'' 
with ``along one or more linear axis'' to clarify the control text. 
This rule also adds the phrase ``or national equivalents'' to harmonize 
with WA agreed text.
    2B001.b.4.b is amended by replacing the period with a semi-colon to 
correct the punctuation.
    2B001.f (Deep-hole-drilling machines and turning machines) is 
amended by removing the phrase ``and specially designed components 
therefor,'' because components for these machines are general and not 
specially designed.

2B006 (Dimensional Inspection or Measuring Systems, Equipment, and 
``Electronic Assemblies'')

    2B006.b.1 (`Linear displacement' measuring instruments) is amended 
by adding a Note to reference 2B006.b.1.c for controls on displacement 
measuring ``laser'' interferometers.
    2B006.c (Equipment for measuring surface roughness (including 
surface defects)) is amended by replacing ``irregularities'' with 
``roughness (including surface defects)'' and removing the phrase ``as 
a function of angle.'' This change will clarify the scope of controls 
to integrate some of the expanded abilities of measuring equipment.

2D001 (``Software'' for ``Development'' and ``Production'' for Listed 
Category 2 Equipment)

    The Header is simplified, because a more detailed description of 
controlled software is now in the Items paragraph of the List of Items 
Controlled section.
    The Items paragraph is amended by adding two paragraphs that split 
the controls that were previously in the Header, which separates 
``use'' from ``development'' or ``production'' software in order to 
move 2B002 ``use'' software from 2D001 to the new 2D003. Paragraph .a 
controls ``development'' or ``production'' of equipment controlled by 
2A001 or 2B001 to 2B009. Paragraph .b narrows the scope for ``use'' to 
equipment specified by 2A001.c, 2B001, or 2B003 to 2B009, which 
excludes most of 2A001 and all of 2B002 (Numerically controlled optical 
finishing machine tools equipped for selective material removal * * 
*.).
    A Note is added to exclude ``part programming ``software'' that 
generates ``numerical control'' codes for machining various parts'' 
from 2D001 controls, because this software cannot directly operate the 
Computer Numeric Controller (CNC) equipment.

2D002 (``Software'' for Electronic Devices, Even When Residing in an 
Electronic Device or System, Enabling Such Devices or Systems To 
Function as a ``Numerical Control'' Unit, Capable of Coordinating 
Simultaneously More Than 4 Axes for ``Contouring Control'')

    Note 1 is amended by replacing the word ``controlled'' with 
``specified'' to harmonize with the WA list and clarify the meaning of 
the Note.
    Note 2 is amended by replacing the word ``controlled'' with 
``specified'' in two places to harmonize with the WA list and clarify 
the meaning of the Note. Also, a reference to 2D003 is added.
    Note 3 is added to exclude ``software'' for the minimum necessary 
operation of machine tools not specified by Category 2 when such 
``software'' is exported with the machine tools.

2D003 (``Software'', Designed or Modified for the Operation Of 
Equipment Specified by 2B002, That Converts Optical Design, Workpiece 
Measurements and Material Removal Functions Into ``Numerical Control'' 
Commands To Achieve the Desired Workpiece Form)

    ECCN 2D003 is added to control the ``use'' software for 2B002 
optical finishing machines, which is critical to the function of 2B002 
machines. This ECCN is controlled for national security (NS2) and for 
anti-terrorism (AT1--Cuba, Iran, N. Korea, Syria and Sudan) reasons; 
see Supplement No. 1 to part 738 of the EAR. License Exception TSR is 
available to countries in Country Group B (see Supp. No. 1 to Part 
740), see Sec.  740.6 of the EAR.

Category 3--Electronics

3A001 (Electronic Components and Specially Designed Components 
Therefor) and 3A002 (General Purpose Electronic Equipment and 
Accessories Therefor)

    3A001.a.7 (Field programmable logic devices) is amended by this 
rule. Paragraph a.7.a is revised by replacing ``digital input/outputs'' 
with ``single-ended digital input/outputs,'' which narrows the scope of 
control. The level of control is amended by revising the maximum number 
of single-ended digital input/outputs from ``greater than 200'' to 
``500 or greater'' to reflect the advances made in recent years to 
Field Programmable Gate Array (FPGA) devices and to remove controls on 
older devices.
    Paragraph a.7.b parameter ``system gate count'' is changed to ``an 
`aggregate one-way peak serial transceiver data rate' or 200 Gb/s or 
greater'' to remove the arbitrary and problematic metric of system 
gates as a control parameter and replace it with a more modern and 
meaningful metric for FPGAs with embedded transceiver circuitry.
    A Technical Note is added to define `Aggregate one-way peak serial 
transceiver data rate,' which is the product of the peak serial one-way 
transceiver data rate times the number of transceivers on the FPGA.
    3A001.b.2 (Microwave ``Monolithic Integrated Circuits'' (MMIC) 
power amplifiers) is amended by adding -70 dBm as an equivalent output 
power parameter to 0.1 nW in paragraph b.2.d, for consistency.
    The frequency of 37.5 is changed to 37 GHz in paragraphs b.2.d and 
b.2.e.

[[Page 37374]]

For many years, controls on microwave components have used 37.5 GHz as 
the frequency breakpoint between military and civilian applications. In 
fact, the proper breakpoint is 37 GHz, as per the ETSI EN 300 197 
standard.
    Paragraph b.2.e is amended by removing the fractional bandwidth 
parameter, because a fractional bandwidth as large as 10%, within a 
band that is only 16% wide, is illogical. To compensate, this rule 
increases the output power parameter from 0.25 W (24 dBm) to 1.0 W (30 
dBm) to align with state-of-the-art output power in this frequency 
range.
    Paragraph b.2.f is amended by adding a ceiling to the operation 
frequency of 75 GHz, which is the top of the V band to align with 
waveguide bands. The average output power parameter is raised from 0.1 
nW to 31.62 mW (15 dBm) with a ``fractional bandwidth'' greater than 
10%, which aligns with the 15 dBm output power control threshold for 
network analyzers in 3A002.e.1.
    Two new parameter paragraphs are added for MMIC power amplifiers 
controlled under b.2.g and b.2.h to add two new frequency ranges to 
align with the 90 GHz top of the E band-WR-12 waveguide upper limit. 
Paragraph b.2.g controls MMIC power amplifiers rated for operation at 
frequencies exceeding 75 GHz up to and including 90 GHz with an average 
output power greater than 10 mW (10 dBm) with a ``fractional 
bandwidth'' greater than 5%. Paragraph b.2.h controls MMIC power 
amplifiers rated for operation at frequencies exceeding 90 GHz and with 
an average output power greater than 0.1 nW (-70 dBm).
    3A001.b.4 (Microwave solid state amplifiers and microwave 
assemblies/modules containing microwave solid state amplifiers) is 
amended by adding ``either'' to paragraph b.4.f.3 to eliminate an 
ambiguity in the current text. The Technical Note below this paragraph 
is corrected to harmonize with the WA list. Note 3 is added to clarify 
that 3A001.b.4 includes transmit/receive modules and transmit modules.
    3A001.b.10 (Oscillators or oscillator assemblies) and 3A002.d.4 
(signal generators) are amended by replacing the word ``for'' with 
``anywhere within the range of'' in b.10.a, b.10.b, 3A002.d.4.a and 
d.4.b to clarify that oscillators or oscillator assemblies and signal 
generators, respectively, are controlled if it meets the parameters at 
any point within the selected ranges.
    3A001.b.11 (``Frequency synthesizer'' ``electronic assemblies'') is 
amended by revising the ``frequency switching time'' in paragraph 
b.11.a from 312 ps to 156 ps. The frequency switching time threshold of 
3A001.b.11.a is the inverse of the lower frequency control threshold 
(current, 312 ps = 1/3.2 GHz). The new threshold is 156 ps = 1/6.4 GHz. 
This would retain control on Digital to Analog Converter (DAC)-based 
synthesizer assemblies having sample rate exceeding 16 GSa/s (frequency 
is calculated by dividing sample rate by 2.5).
    Paragraphs 3A001.b.11.b and 3A002.d.3.b are amended by revising the 
low-frequency threshold from 3.2 GHz to 4.8 GHz to accommodate the 
802.11ac (Very High Throughput--VHT) amendment. The 802.11ac standard 
uses wider bandwidths for higher throughputs and data rates to address 
several uses, including wireless displays for in-home distribution of 
High Definition Television (HDTV).
    Paragraphs 3A001.b.11.f, b.11.g, 3A002.c.2, c.3, d.1, d.2, d.3.f, 
d.4.a, d.4.b, d.5, e.1, and e.2, are amended by raising the high-
frequency limit from 70 GHz to 75 GHz, which corresponds to the top of 
the V-band (waveguide). Aligning the specified frequency to standard 
waveguide frequency breakpoints makes this parameter more relevant to 
national security concerns.
    3A002.c.4 is amended by revising the Heading from ``Dynamic signal 
analyzers'' to ``Signal analyzers'' and cascading the control 
parameters to clarify the controls.
    Paragraph c.4.a is amended by removing ``a'' and revising the 
``real-time bandwidth'' from ``40 MHz'' to ``85 MHz'' to update the 
control level. The definition for ``real-time bandwidth'' is also 
updated in Part 772 of the EAR to better define the concept of gap-free 
analysis of the input data, and to assure that the scope of control 
remains specific and focused, which is also the reason for adding 
paragraph c.4.b that adds a gap and windowing effect aspect to the 
control.
    The Note to 3A002.c.4 is amended by changing ``dynamic signal 
analyzers'' to ``signal analyzers'' for clarity.
    Technical Notes are added for 3A002.c.4.b to explain probability of 
discovery, also known as probability of intercept or probability of 
capture.
    3A002.c.5 is added to add a new control parameter for ``frequency 
mask trigger,'' which provides the capability to capture sporadic 
transient RF signals within other closely spaced RF signals. A 
definition for ``frequency mask trigger'' is added to Part 772 in 
relation to this new paragraph.
    3A002.d.3.a (``frequency switching time'' less than 312 ps) is 
removed as a parameter for frequency synthesized signal generators, 
because extension of the 802.11 standard for consumer wireless products 
in the frequency range 5-6 GHz has rendered the existing control 
threshold obsolete.
    3A002.e (Network analyzers) is amended by adding ``An'' to the 
beginning of paragraph e.1 for consistency and correct grammar. This 
rule also removes the ``or'' at the end of the paragraph, because two 
additional paragraphs are added to cover frequency ranges up to 110 
GHz. This change makes it clear that 110 GHz is the normal max 
frequency for 1.00 mm coaxial microwave connectors. A Technical Note is 
also added to define `Nonlinear vector measurement functionality,' 
which is a term used in paragraph e.3. Paragraph e.4 (former paragraph 
e.2) is amended by revising the maximum operating frequency from 70 GHz 
to 110 GHz.
    3A002.f (Microwave test receivers) is amended by revising the 
maximum frequency control threshold of 3A002.f .1 from 70 GHz to 110 
GHz, to align with 3A002.e, because of the similarity between 3A002.e 
network analyzers and 3A002.f microwave test receivers.

3B001 (Equipment for the Manufacturing of Semiconductor Devices or 
Materials)

    3B001.a.2 (Metal Organic Chemical Vapor Deposition (MOCVD) 
reactors) is amended by simplifying the control text to clarify that 
MOCVD systems used to produce nitride based devices are within the 
scope of control.
    3B001.b (Equipment designed for ion implantation) is amended by 
removing and reserving paragraph b.1 (beam energy (accelerating votage) 
exceeding 1 MeV), which controlled ion implant systems used for the 
manufacture of memory integrated circuits (Example: FLASH NAND). This 
technology is ubiquitous and equivalent tools are readily obtained 
globally.
    Paragraph b.2 is amended by raising the beam energy parameter and 
specification of the implant materials, which assures only equipment 
used in the production of radiation hardened ICs is captured.
    Paragraphs b.3 and b.4 are amended by moving the ``or'' from the 
end of b.3 to the end of b.4, because a new paragraph b.5 is added.
    Paragraph b.5 is added to control equipment using channeled silicon 
ion beams in heated equipment.
    3A001.h (Multi-layer masks with phase shift layer not specified by 
3B001.g) is amended by adding two new parameters. Paragraph h.1 
specifies glass birefringence of the mask (less than 7 nm/cm), which 
delineates phase shift masks that are used for defining geometries 
consistent with the

[[Page 37375]]

lithography control. Paragraph h.2 specifies the light source 
wavelength of the lithography equipment (less than 245 nm), to control 
only phase shift masks that are consistent with the lithography control 
of 245nm wavelength source. This revision will control phase shift 
masks that are used for emerging Extreme Ultra-Violet (EUV) 
lithography. The addition of the phrase ``not specified by 3B001.g'' to 
the introductory text in 3A001.h resolves the possible ``double 
coverage'' between 3B001.g and 3B001.h.

3C002 (Resist Materials and ``Substrates'' Coated With Specified 
Resists)

    License Exceptions GBS and CIV paragraphs are revised to read, 
``Yes for 3C002.a provided they are not also controlled by 3C002.b 
through .e'', to be more accurate and concise.
    Paragraph 3C002.a (Resists designed for semiconductor lithography) 
is amended by cascading the parameter paragraphs and adding a new 
paragraph a.2. Paragraph a.1 now controls positive resists adjusted 
(optimized) for use at wavelengths equal to or greater than 15 nm, but 
less than 245 nm. Paragraph a.2 controls resists adjusted (optimized) 
for use at wavelengths greater than 1 nm, but less than 15 nm. These 
revisions are made to be more specific about the controls.
    Paragraph 3C002.c (All resists designed for use with X-rays, with a 
sensitivity of 2.5 J/mm\2\ or better) is removed and reserved, because 
these resists are not used for the fabrication of semiconductor 
devices.
    Paragraph 3C002.d (All resists optimized for surface imaging 
technologies) is amended by removing the reference to silylated 
resists, as well as the definition for silylation techniques in the 
Related Definition paragraph of the List of Items Controlled section, 
because it was determined that it is not necessary to specifically call 
out silylated resists.

Category 4--Computers

4D001 ``Software''

    4D001.a is amended by deleting the term ``use,'' because no ``use'' 
software of concern could be identified for this entry, and by removing 
4A002 from the scope of control, because it was removed in 2004.

Category 5 Part 1--``Telecommunications''

5A001 (Telecommunications Systems, Equipment, Components and 
Accessories)

    The License Requirement section is amended by removing 5A001.i from 
NS2 and SL controls, because items previously controlled under 
paragraph .i are moved to paragraph .f.1 Paragraph .f.1 is already 
controlled under NS2. Paragraph f.1 is added to the SL control 
paragraph.
    The License Requirement Notes paragraph is amended by replacing the 
reference to 5A001.i with 5A001.f.1.
    License Exception LVS eligibility paragraph is amended by revising 
reference to paragraph .f to read f.2, f.3, f.4 in order to narrow the 
scope, because the interception equipment in 5A001.f.1 is too sensitive 
to receive License Exception LVS eligibility.
    5A001.f (Mobile telecommunications jamming equipment) is amended by 
adding ``interception or'' in order to expand the scope of control to 
all mobile telecommunications jamming and interception equipment that 
is of national security concern, as well as equipment that monitors the 
network to detect jamming and interception that is of national security 
concern. 5A001.i was combined with the former 5A001.f as a 
clarification because interception and jamming are often interrelated 
functions. 5A001.f.1 (Interception equipment designed for the 
extraction of voice or data, transmitted over the air interface) is 
moved from 5A001.i and license requirements are not changed.
    5A001.f.2 (interception equipment not specified in 5A001.f.1) is 
designed to control equipment that captures and processes the air 
interface (e.g., the air link between a handset and a base station, 
over which voice/data and metadata are transmitted) in order to extract 
client device or subscriber indicators (such as IMSI, TIMSI, IMEI), 
signalling or other metadata contained therein, but not without also 
processing the voice or data channels contained therein. Licenses are 
required for countries listed in NS2 and AT1 of the Commerce Country 
Chart in Supplement No. 1 to part 738 of the EAR.
    5A001.f.3 (Jamming equipment) was the former 5A001.f and license 
requirements are not changed.
    5A001.f.4 (Radio Frequency (RF) monitoring equipment designed or 
modified to identify the operation of items specified in 5A001.f.1, 
f.2, or f.3) is added to control passive counter surveillance tools. 
Licenses are required for countries listed in NS2 and AT1 of the 
Commerce Country Chart in Supplement No. 1 to part 738 of the EAR.
    Regarding certain types of equipment that are not controlled by 
5A001.f, the term `interception equipment' excludes equipment used to 
operate or test the network (e.g., devices which measure signal 
strength, and do not require the signal's contents to be decoded, 
demodulated, or recorded, are not considered `interception equipment'), 
and also readily available radio monitoring equipment for analog 
communications found in, for example, taxi-cab radios and home police 
scanners. The Note is amended to also generally exclude equipment 
designed for mobile telecommunications network operators, designed for 
the ``development'' or ``production of mobile telecommunications 
equipment or systems, or specially designed for the interception of 
analog Private Mobile Radio (PMR), IEEE 802.11 WLAN.
    Nota Bene (NB) 1 is amended by removing the text ``For GNSS jamming 
equipment,'' and adding the text ``For items specified by 5A001.f.1 
(including as previously specified by 5A001.i), see also 5A980 and U.S. 
Munitions List (22 CFR 121)'', because 5A001.f is expanded and there 
may be some related equipment in the International Traffic in Arms 
Regulations (ITAR) (22 CFR Parts 120-130) that should be considered 
when classifying this type of equipment.
    A Nota Bene (NB) 2 is added to reference 5A001.b.5 for radio 
receivers in order to clarify that 5A001.f does not apply to radio 
receivers.
    5A001.h (Counter Improvised Explosive Device (IED) equipment and 
related equipment) is amended by adding a new paragraph h.2 to control 
equipment using techniques designed to enable radio communications in 
the same frequency channels on which co-located equipment specified by 
5A001.h.1 is transmitting.
    The Nota Bene (NB) is amended by removing the phrase ``ECCN 5A001.f 
and,'' because that reference now appears in 5A001.h.1.
    5A001.i is reserved and the items are moved to 5A001.f.1, as 
explained above. To harmonize with this move, seventeen (17) references 
to 5A001.i are changed to 5A001.f.1 in Sec.  738.3(a)(1) (Commerce 
Country Chart structure--ECCNs that require a license to all 
destinations), six (6) references are changed in Sec.  740.2(a)(3) 
(Restrictions on all license exceptions), five (5) references are 
changed in Sec.  742.13 (a)(1) (License requirements for communications 
intercepting devices * * *), six (6) references are changed in Sec.  
746.7(a)(1) (Iran license requirements), and six (6)

[[Page 37376]]

references are changed in Sec.  752.3(a)(7) (Special Comprehensive 
License ineligible items).
    The Nota Bene (NB) of 5A001.i is amended to reference 5A001.f.1 for 
items previously specified by 5A001.i.
    5A980 (Devices primarily useful for the surreptitious interception 
of wire, oral, or electronic communications) is amended to replace the 
reference to 5A001.i with 5A001.f.1 in the Heading and the Related 
Controls paragraph of the List of Items Controlled section. The 
structure of the List of Items Controlled section is corrected by 
adding the Unit paragraph, adding the Related Controls Header to the 
Related Controls paragraph, and adding the Related Definitions 
paragraph.

5B001 (Telecommunication Test, Inspection and Production Equipment, 
Components and Accessories)

    The License Exception STA eligibility paragraph is amended by 
removing ``use,'' because ``use'' was removed from control in 5B001.a.
    5B001.a. is amended to delete ``or use'' as no ``use'' software of 
concern could be identified for this entry.
    The Note to 5B001.a was amended to replace ``control'' with ``apply 
to'' to conform with Wassenaar.

5D001 (``Software'')

    The SL control paragraph in the License Requirements section is 
amended by replacing the reference to 5A001.i with 5A001.f.1, because 
that equipment was moved in 5A001.
    The License Requirements Notes paragraph in the License 
Requirements section is amended by replacing three references to 
5A001.i with 5A001.f.1, because that equipment was moved in 5A001.

5D980 (Other ``Software'', Other Than That Controlled by 5D001* * *)

    The Header is amended by replacing the reference to 5A001.i with 
5A001.f.1, because that equipment was moved in 5A001.
    The Related Control paragraph in the List of Items Controlled 
section is amended by replacing three references to 5A001.i with 
5A001.f.1, because that equipment was moved in 5A001.

5E001 (``Technology'')

    The SL control paragraph in the License Requirements section is 
amended by replacing the reference to 5A001.i with 5A001.f.1, because 
that equipment was moved in 5A001.
    The License Requirements Notes paragraph in the License 
Requirements section is amended by replacing two references to 5A001.i 
with 5A001.f.1, because that equipment was moved in 5A001.
    5E001.d (``Technology'' * * * for the ``development'' or 
``production'' of Microwave Monolithic Integrated Circuit (MMIC) power 
amplifiers specially designed for telecommunications) is amended by 
revising paragraphs 5E001.d.4, d.5, and d.6, as well as adding new 
paragraphs 5E001.d.7 and d.8, to mirror the revision made to 3A001.b.2 
(explained above).

5E980 (``Technology'', other than that controlled by 5E001.a * * *)

    The Header is amended by replacing two references to 5A001.i with 
5A001.f.1, because that equipment was moved in 5A001.
    The Related Control paragraph in the List of Items Controlled 
section is amended by replacing five references to 5A001.i with 
5A001.f.1, because that equipment was moved in 5A001.

Category 5 Part 2--``Information Security''

    The Cryptography Note (Note 3 to Category 5 Part 2 (Cat 5P2)) is 
changed in two ways. It is reformatted in order to add a new paragraph 
.b, and a new Note to the Cryptography Note is added to help industry 
better understand how the existing `mass market' provisions and 
requirements of the Cryptography Note (i.e., new paragraph a.) are 
applied.
    Regarding the new paragraph b., this new paragraph provides that 
ECCN 5A002 and 5D002 do not control certain hardware components of 
existing items described in paragraph a. of the Note. While certain 
components of ``mass market'' products described in paragraph a. to 
Note 3 are themselves sold or distributed through ``mass market'' 
channels and are therefore decontrolled under paragraph a., other 
comparable components for ``mass market'' items are not separately sold 
to the public via retail channels. New paragraph b. removes ECCN 5A002 
and 5D002 controls from hardware components that are factory-installed 
into a mass marketed product, and from functionally equivalent 
aftermarket replacements of Original Equipment Manufacturer (OEM) 
components--components that are identical in form, fit and function to 
the OEM components, with certain restrictions as follows.
    First, paragraph b. is limited to hardware components for existing 
items described in paragraph a. of Note 3 and to hardware components 
that have been designed for those existing items. Paragraph b. does not 
apply to a component that is designed for a brand new type of item that 
has never been sold before, or that has not previously had 
cryptographic functionality. Instead, the end-product must first be 
established as a `mass market' product before its components may 
qualify for paragraph b.
    Second, paragraph b.1. excludes components whose primary function 
or set of functions is ``information security.'' Therefore, 
cryptographic co-processors, cryptographic libraries/modules, Trusted 
Platform Modules (TPMs), and components that provide an open 
cryptographic interface are not eligible for decontrol under paragraph 
b.
    Third, paragraph b.2. excludes components that could introduce new 
cryptographic functionality or enhance existing cryptographic 
functionality into an array of products, if such functionality does not 
already exist in the `mass market.' Components that provide enhanced or 
additional cryptographic functionality to an existing `mass market' 
product are not decontrolled under paragraph b. This exclusion applies 
to both `standard add-on accessories'--additions to `mass market' 
products that impart new features--and to `tailored add-on 
accessories'--additions to `mass market' products that transform the 
product into a non-consumer type item (e.g., tailored for network 
operators, security operators, police/military/intelligence, etc.)
    Paragraph b.3 excludes components that provide custom/substitute 
cryptography or made-to-order customizations (e.g., tailored form/fit/
function) but no algorithm changes. The requirements set forth in 
Section 742.15(b) for mass market components also apply to the hardware 
components eligible for decontrol under new paragraph b. to Note 3.
    Paragraph b.4. states that details of the component and end-item 
must be available to BIS when necessary. BIS does not intend to change 
the scope of any of the reporting requirements under License Exception 
ENC. In particular, BIS does not intend to require exporters to collect 
any more information on the products that a component is going into 
than is currently required under the EAR.
    In adding this new paragraph b. to the Cryptography Note (Cat 5P2 
Note 3) in the existing provisions of Cat 5P2, Note 3 become new 
paragraph a.
    In terms of how these existing `mass market' provisions are 
applied, paragraph 1 of the new Note to the Cryptography Note provides 
guidance on what it means for an item to be considered `mass market' 
and `generally available to the public'. This Note paragraph 1 makes it 
clear that in order

[[Page 37377]]

to meet the `mass market' provisions of Cat 5P2 Note 3 paragraph a., 
the item must be of potential interest to a wide range of individuals 
and businesses, and potential customers do not need to specifically 
consult with a vendor or supplier to learn how much the item costs or 
what its main functional specifications are.
    Paragraph 2. of the Note to the Cryptography Note also makes clear 
that in determining whether an item meets the `mass market' 
qualifications of Note 3 paragraph a., relevant factors such as 
quantity, price, required technical skill, existing sales channels, 
typical customers, typical use, or any exclusionary practices of the 
supplier may be taken into account, in addition to other possible 
considerations.
    The purpose of this new Note to the Cryptography Note is not to 
change the existing scope of control of the Cryptography Note, but to 
make current practices of interpretation more clear to the public.
    Although the control text only mentions hardware components, the 
decontrol also applies to software components that are specially 
designed for a particular hardware component that has already been 
released from control.
    For a component that meets new paragraph b. of the Cryptography 
Note 3 in Category 5 Part 2 of the Commerce Control List (Supplement 
No. 1 to part 774) that has previously been classified under ECCN 5A002 
pursuant to Sec.  740.17(b)(3), a new classification by BIS (i.e., a 
request for a CCATS) is not required to make the component eligible for 
mass market treatment under Sec.  742.15(b)(3) and reclassified under 
ECCN 5A992. However, a reclassified component must be included in a 
self-classification report submitted to BIS and the ENC Encryption 
Request Coordinator no later than February 1 following the calendar 
year in which it is first exported or reexported as a mass market item 
(see Sec.  742.15(c) for complete instructions on submitting encryption 
self-classification reports).

5A002 (``Information Security'' Systems, Equipment and Components 
Therefor)

    The Related Controls paragraph in the List of Items Controlled 
Section is amended by redesignating paragraphs (1) and (2) as (2) and 
(3), and adding a new paragraph (1) to specify that 5A002.a controls 
``components'' providing the means or functions necessary for 
``information security.'' All such ``components'' are presumptively 
``specially designed'' and controlled within 5A002.a. Therefore, no 
analysis of the definition of ``specially designed'' is needed. BIS is 
making this change to clarify that no changes are made to how the U.S. 
Government currently interprets the scope of 5A002.a as a result of the 
implementation of the newly revised definition of ``specially 
designed.''
    On June 19, 2012 (77 FR 36419), BIS published the advanced notice 
of proposed rulemaking (ANPRM) entitled ``Feasibility of Enumerating 
``Specially Designed'' Components.'' In that ANPRM, BIS requested 
public comments to identify where on the CCL it was possible to replace 
the term ``specially designed'' with other control criteria. Category 
5, Part 2 was identified by one commenter as a good candidate for 
enumerating ``components'' that warrant control. This commenter 
supported making 5A002.a into a positive list of ``components'' 
controlled for ``information security.'' The commenter indicated 5A002 
is already more of an enumerated control versus a catch-all control and 
therefore the term ``specially designed'' was not needed. This new Note 
to paragraph a. is responsive to that comment and also consistent with 
the larger Export Control Reform (ECR) Initiative objective of making 
the CCL more ``positive.''
    The addition of Note 1 to the Related Controls paragraph of 5A002 
does not change the scope of the ECCN, but rather is limited to adding 
an explanatory note regarding the scope of ``components'' controlled 
under 5A002.a. Currently, the U.S. Government is working on a regime 
proposal to the Wassenaar Arrangement that would replace the term 
``specially designed'' in 5A002.a with ``providing the means or 
functions necessary.'' This work is being undertaken by the U.S. 
Government to better reflect the intent of this control on 
``components'' under 5A002.a and to better reflect how the U.S. 
Government currently interprets the scope of this control on 
``components'' under 5A002.a.
    The Note g. to the Items paragraph is also amended by replacing the 
reference to paragraphs .b to e. of the Cryptography Note (Note 3 in 
Category 5--Part 2) with paragraphs a.2. to a.5. of the Cryptography 
Note in order to harmonize with the changes made to the Cryptography 
Note.
    The Note to the Items paragraph is amended by adding the phrase 
``or not exceeding 100 meters according to the manufacturer's 
specifications for equipment that cannot interconnect with more than 
seven devices'' to the end of paragraph i. to raise the range, because 
there are many products on the market today that exceed this 
limitation. This revision will only decontrol such equipment that 
cannot interconnect with more than seven (7) devices (e.g., Bluetooth). 
If a type of Wireless Personal Area Network (WPAN) equipment can 
interconnect with more than seven devices, it continues to only be 
released by 5A002 Note i. if its nominal operating range does not 
exceed 30 meters.
    In addition, the definition of ``personal area network,'' found in 
Part 772 of the EAR, is updated to account for this range increase in 
paragraph i. of the Note.
    5A002.a.1 is amended by adding the phrase ``or execution of copy-
protected ``software'' to the exclusion list in paragraph a.1, as well 
as Technical Note 1, to clarify that such items are still excluded from 
control. Prior to June 25, 2010, products with cryptographic 
functionality limited to copy protection (and other digital rights 
management (DRM) functionality) were originally decontrolled by 
decontrol Note c. to 5A002. When Note 4 to Category 5, Part 2 (Cat 5P2) 
was implemented on June 25, 2010, paragraph c. of the decontrol note to 
5A002 was removed and a pointer (Nota Bene) to Cat 5P2 Note 4 was added 
to make clear that this decontrol was subsumed into Cat 5P2 Note 4. 
However, since then, exporters have been confused about how copy 
protection falls under Note 4. To make it clear that copy protection is 
not controlled in 5A002, this rule adds the phrase ``or execution of 
copy-protected software'' into the exclusion note. This does not change 
the scope of what is decontrolled, as Note 4 in Cat 5P2 remains 
unchanged and in full effect. By application of Note 4 in Cat 5P2 
(especially paragraph a.3, regarding digital rights management (DRM)), 
copy protection and other DRM functionality is excluded from 
classification under Cat 5P2, even if the copy protection scheme (or 
other DRM) uses ``cryptography.'' Moreover, copy protection 
functionality is not specified for control in any CCL Category. 
Accordingly, EAR99 software with addition of cryptographic 
functionality limited to copy protection remains classified as EAR99.
    A Note to 5A002.a.2 is added to clarify that 5A002.a.2 includes 
systems or equipment, designed or modified to perform cryptanalysis by 
means of reverse engineering.
    5A002.a.7 (Non-cryptographic information and communications 
technology (ICT) security systems and devices) is amended by replacing 
the phrase ``evaluated to an assurance level exceeding'' with ``that 
have been

[[Page 37378]]

evaluated and certified by a national authority to exceed'' in order to 
clarify that the intent is to control only those items which have been 
evaluated against the applicable criteria and have subsequently 
received a certification from a national security authority attesting 
that the items exceed class EAL-6 (evaluation assurance level) of the 
Common Criteria (CC) or equivalent.
    5A992 (Equipment not controlled by 5A002) is amended by adding a 
Note to paragraph .b of the Items paragraph in the List of Items 
Controlled section. The Note is added to clarify that 5A992 does not 
control products with cryptographic functionality limited to copy 
protection.
    5E002 (``Technology'') is amended by adding a Note to clarify that 
``5E002 includes ``information security'' technical data resulting from 
procedures carried out to evaluate or determine the implementation of 
functions, features or techniques specified in Category 5, Part 2''. 
The purpose of this Note is to clarify two things. First, that existing 
5E002 controls on ``technology'' includes ``information security'' 
technical data that may be revealed or conveyed by the security 
evaluation of a product (e.g., for government or commercial 
certification purposes). Second, this Note is added to clarify that 
reverse engineering can be viewed as a form of product evaluation; 
consequently, 5E002 includes reverse engineering data and reports that 
detail the implementation of controlled ``information security'' 
functions, features or techniques by an item.

Category 6--Sensors and Lasers

6A001 (Acoustic Systems, Equipment and Components)

    6A001.a.1.a.2 (Underwater survey equipment designed for seabed 
topographic mapping) is amended by replacing ``all'' with ``any'' and 
cascading the parameters in order to add a new control for additional 
survey equipment identified in 6A001.a.1.a.2.b. Note that the 
parameters for the previously controlled survey equipment, now in 
6A001.a.1.a.2.a, remain unchanged.
    6A001.a.1.a.2.b is added to control underwater survey equipment not 
specified by 6A001.a.1.a.2.a. A new Technical Note is added that states 
acoustic sensor pressure rating determines the depth rating in 
6A001.a.1.a.2. Additionally, the existing Technical Note defining 
`sounding rate' is modified to specify 100% coverage.
    6A001.a.1.a.3 (Side Scan Sonar (SSS) or Synthetic Aperture Sonar 
(SAS), designed for seabed imaging) is amended by adding an `along 
track resolution' parameter to a revised a.1.a.3.b and moving the 
`across track resolution' parameter in paragraph a.1.a.3.b to new 
paragraph a.1.a.3.c. Editorial revisions are made to the Technical 
Notes as well.
    6A002 (Optical Sensors or Equipment And Components Therefor) is 
amended by replacing the periods with semi-colons at the end of 
paragraphs a.3.a.2.b, a.3.b.2.b, a.3.g.3 and c.3 in the Items paragraph 
of the List of Items Controlled section to correct the punctuation. In 
addition, 6A002.a.3.d.2.b is amended by removing ``(SPRITE),'' because 
the SPRITE is no longer in production and the performance of the 
detector and the sensors it was integrated into has been surpassed by 
more modern Focal Plane Array (FPA) developments. The word ``detector'' 
is added before element. ``Element'' is made plural. Capital letters 
PR, I, T and E, are all replaced by lower case letters.

6A005 (``Lasers'' (Other Than Those Described in 0B001.g.5 or .h.6), 
Components and Optical Equipment)

    Paragraphs a.2, a.3, b.2, and b.3 in the Items paragraph of the 
List of Items Controlled are amended by replacing ``520'' with ``510.'' 
Frequency-doubled Yb:YAG lasers using second harmonic generation (SHG) 
emit green light at 515 nm. These lasers are increasingly being used in 
commercial laser materials processing, replacing Nd:YAG lasers. Given 
the development of this application, it was determined appropriate to 
change the wavelength from ``520'' to ``510'' in 6A005.a.3 and 
6A005.b.3, to control Yb:YAG SHG lasers at the same power level as 
Nd:YAG SHG lasers. The change to a.2 and b.2 accounts for the shift in 
wavelength in a.3 and b.3 so a gap in control was not created. As a 
result of this change the NP controls are expanded to include 6A005.a.3 
and all of b.3, instead of just b.3.a. 6A005.a.3 is added to paragraph 
(d) of the License Requirements Note, which outlines NP controls.
    6A005.a.6.a (Non-``tunable'' continuous wave ``(CW) lasers'') is 
amended by removing paragraphs a.6.a.1 and a.6.a.2 to simplify the 
control text. The output power control level of 150 W is replaced with 
200 W to adjust for technical advancements.

6C004 (Optical Materials)

    6C004.b (Electro-optic materials and non-linear optical materials) 
and .c (Non-linear optical materials, other than those specified by 
6C004.b) are amended in order to control new materials that can be used 
in military applications. Advances in crystal growth have facilitated 
the manufacturing of additional non-linear optical materials. The new 
citations identify specific materials by name or using the updated 
parameters under 6C004.c.3 and c.4 that can be fabricated into non-
linear optical components. These non-linear crystals have recently 
become useful due to advances in manufacturing. They can now be grown 
large enough and with low defects so that they can be cut and polished 
into optical components. The newly listed materials are of interest 
because they can operate at high optical powers that cause other non-
linear materials to degrade.
    6C005 (Synthetic crystalline ``laser'' host material in unfinished 
form) is amended by removing 6C005.b (Alexandrite) and reserving the 
paragraph, because Alexandrite lasers are tuneable from 700 to 800 nm 
and the majority of applications for alexandrite lasers are for 
dermatology and hair removal.

Category 7--Navigation and Avionics

    7A001 (Accelerometers) is amended by replacing the ``bias'' 
``repeatability'' of less (better) than 5,000 micro g with 1,250 micro 
g in paragraph a.2.a and replacing the ``scale factor'' 
``repeatability'' of less (better) than 2,500 ppm with 1,250 ppm in 
paragraph a.2.b, because improvements in Microelectromechanical Systems 
(MEMS) technology have led to availability of equivalent performance 
accelerometers in commercial products, as well as widespread foreign 
availability.

7D003 (``Software'')

    The License Exception STA ineligibility paragraph is amended by 
removing the phrase ``d.1 to d.4 or d.7'' because these controls have 
been moved to a new ECCN 7D004, and paragraph 7D003.d is removed and 
reserved by this rule. Specifically, these controls are moved to7D004.a 
to .g, with the exception of 7D003.d.5 (Airborne automatic direction 
finding equipment). 7D003.d.5 is removed and reserved as reflected in 
the new paragraph 7D004.e, because there was no reason for this 
relatively rudimentary item to be identified separately from other 
navigation entries. Because the ``source code'' in 7D003.d is already 
addressed elsewhere more specifically, this entry created a redundancy 
in controls and is removed. For more details about the redundancy see 
the preamble text for 7D004 below.
    A Nota Bene (N.B.) is added to reference the new location (7D004) 
for the control of 7D003.d source code.

[[Page 37379]]

    7D004 (``Source code'' incorporating ``development'' ``technology'' 
specified by 7E004.a or 7E004.b) is added to the CCL to control 
``source code'' moved from 7D003.d. Previously, two sets of technology 
controls addressed the flight controls topic. The first was 7E001, the 
GTN-based ``development'' technology controls relating to the 7D003 
``source code'' entry. The second set of technology controls are under 
7E004.a and 7E004.b, which enumerate specific flight control 
technologies of concern. The existence of both sets of controls created 
an obviously undesirable redundancy. However, it was discovered that 
pertinent ``source code'' ``software'' and ``technology'' was removed 
from control by the WA agreement, which the U.S. will address with WA 
in future meetings to establish appropriate multi-lateral national 
security level controls. In the meantime, ``source code'' for the 
``development'' of fly-by-wire control systems is added to 0D521 No. 2. 
The following technology is added to 0E521 No. 6: ``Technology'' for 
fly-by-wire control systems, as follows: a. ``Technology'' according to 
the General Technology Note for the ``development'' of ``software'' 
controlled by 0D521 No. 2; or b. ``Development'' ``technology'' for 
``active flight control systems'' for control law compensation for 
sensor location or dynamic airframe loads, i.e., compensation for 
sensor vibration environment or for variation of sensor location from 
the center of gravity. (See Supplement No. 5 to part 774.) There is a 
pending rule that adds technology to 0E521 Nos. 2-5, therefore this 
rule reserves those paragraphs in the table.
    As described in the final rule that established the 0Y521 series 
and that was published in the Federal Register on April 13, 2012 (77 FR 
22191), items are added to the 0Y521 series upon a determination by the 
Department of Commerce, with the concurrence of the Departments of 
Defense and State, that the items should be controlled for export 
because the items provide at least a significant military or 
intelligence advantage to the United States or foreign policy reasons 
justify control. The ``source code'' for the ``development'' of fly-by-
wire control systems in 0D521 No. 2 and the fly-by-wire technology in 
0E521 No. 6 is controlled for regional stability (RS) Column 1 reasons. 
ECCN 0D521 and 0E521 items are subject to a nearly worldwide license 
requirement (i.e., for every country except Canada) with a case-by-case 
license review policy, through regional stability (RS Column 1) 
controls. Only License Exception GOV is available for this technology 
for official use by personnel and agencies of the U.S. Government.
    If your fly-by-wire software or technology was controlled by 7D003 
or 7E001 and is now classified as 0D521 No. 2 or 0E521 No. 6, then you 
do not need to replace your existing licenses or classifications 
(CCATS), because it is considered a ``non-material'' change pursuant to 
Section 750.7(c)(1)(viii) of the EAR. If you were going to request an 
extension for licenses with these ECCNs, you may still request 
extensions of these licenses instead of replacing them because of this 
ECCN change.
    In order to maintain the more detailed descriptions of the specific 
flight control topics covered by 7E004.a and 7E004.b, WA agreed to 
remove the 7E001 reference to flight control ``source code''. This 
modification is accomplished by moving 7D003.d to 7D004, and removing 
7D004 from 7E001 coverage. Reference language is added to the new 7D004 
that points to the technology controls in 7E004.a and 7E004.b, as well 
as 0D521 No. 2 and 0E521 No. 6 for fly-by-wire source code and 
technology.
    A new exclusion Note is added to 7D004 that states that ``7D004 
does not apply to ``source code'' associated with common computer 
elements and utilities (e.g., input signal acquisition, output signal 
transmission, computer program and data loading, built-in test, task 
scheduling mechanisms) not providing a specific flight control system 
function,'' to clarify that the scope of these entries is limited to 
flight control system function.

7E001 (``Technology'' According to the GTN for the ``Development'' of 
7A, 7B or 7D)

    The Header is amended to specify the three software ECCNs 7D001, 
7D002, and 7D003, in order to remove the new 7D004 from the scope of 
7E001, which was created to control flight control ``source code'' in 
one place instead of in 7D003 and 7E001. The Related Controls paragraph 
is amended by adding a reference to 0D521 No. 2 for ``source code'' for 
the ``development'' of fly-by-wire control systems and 0E521 No. 6 for 
``technology'' for the ``development'' of fly-by-wire control systems. 
See explanation for the creation of 0D521 No. 2 and 0E521 No. 6 under 
7D004 in the preamble of this rule.

7E004 (Other ``technology'')

    The Related Controls paragraph in the List of Items Controlled 
section is amended to add references to 0D521 No. 2 (``source code'' 
for the ``development'' of fly-by-wire control systems), and 0E521 No. 
6 (for ``technology'' for the ``development'' of ``software'' 
controlled by 0D521 No. 2).
    7E004.b (``Development'' ``technology'', as specified, for ``active 
flight control systems'' (including fly-by-wire or fly-by-light)) is 
amended to more specifically list photonic technology of concern by 
providing descriptions to positively identify the critical photonic 
functions in a fly-by-light system.
    7E004.b.1 is replaced, because the technology for interconnecting 
multiple microelectronic processing elements, such as microprocessors, 
in order to speed up processing is now widely available. In addition, 
active flight control solutions today can easily run in real-time on a 
single processor. 7E004.b.1 now controls fly-by-light technology. 
Photonics-based flight control systems, or ``fly-by-light'', are in 
development to provide a number of system-level benefits, including 
tolerance of elevated Electro-Magnetic Interference (EMI) and reduced 
systems volume and weight.
    7E004.b.2 is removed and reserved, because control law compensation 
technology as described at the general level is now widely available.
    7E004.b.3 is revised, because the former text for 7E004.b.3 dealt 
with fault detection, isolation, tolerance, and resolution (i.e., 
``reconfiguration''). The only technique implied by the text is 
``redundancy'', which was too broad and could encompass technology that 
is widely understood and employed. The revised 7E004.b.3 text updates 
the fault detection and isolation aspects to a more appropriate 
characterization of the emerging technology for protection- predictive 
diagnosis. This technology can determine the onset of a future failure 
for more preemptive mitigation actions.
    7E004.b.4 (``active flight control system'' technology) is revised, 
because it was outdated. The revised text links the real-time 
identification of component failures, and allows for mitigation during 
degradations prior to full failure. These linked 7E004.b.3 and 
7E004.b.4 updates better represent the emerging state-of-the-art 
technologies with emphasis on preemption and mitigation capabilities.
    Note to 7E004.b.4 and Note to 7E004.b are added and the Note to 
7E004.b.3 is revised to clarify that the scope of these entries is 
limited to flight control system function. The Note to 7E004.b.5 is 
changed to conform to the WA text.

Category 9--Aerospace and Propulsion

    9A001 (Aero gas turbine engines) is amended by replacing the phrase 
``Participating State'' with ``Wassenaar

[[Page 37380]]

Arrangement Participating State'' in the introductory text of paragraph 
.a and .b in Note 9A001.a of the Items paragraph in the List of Items 
Controlled section, because there is currently no definition for this 
term in the EAR. However, it is understood that it refers to members of 
the Wassenaar Arrangement.

9A018 (Equipment on the Wassenaar Arrangement Munitions List)

    ECCN 9A018 is amended by revising the List of Items Controlled 
section. 9A018.b is amended to implement the WA agreements for 2012 to 
ML6 on the WA Munitions List. Paragraph 9A018.b is separated into two 
parts. 9A018.b.1 covers ground transport vehicles (including trailers) 
and parts and components therefor designed and modified for non-combat 
military use. 9A018.b.2 is the modified portion of the former 9A018.b, 
which covers other ground vehicles. Also, a Note is added to exclude 
vehicles for transporting money or valuables. The revision clarifies 
that ``all-wheel drive'' vehicles have transmissions that supply drive 
to the front and rear wheels simultaneously even if the vehicle has 
other wheels that provide no driving force. The second change limits 
the scope of the paragraph to vehicles with a gross vehicle weight 
rating greater than 4,500 kilograms. The third change replaces the term 
``capable of off road use'' with the term ``designed or modified for 
off road use.'' The fourth change is that ``components'' are separated 
out from the vehicles and placed in 9A018.b.2 with parameters.

9E003 (Other ``Technology'')

    9E003.a.5 (Cooled turbine blades, vanes or ``tip-shrouds'') is 
amended by increasing the gas path temperature from 1643K (1370 [deg]C) 
to 1693 K (1420 [deg]C), because as the material development for 
airfoils has reached a steady state, increases in higher ``combustor 
exit temperature'' can only come from advanced airfoil cooling. Taking 
note of the higher combustor exit temperature for 9E003.a.2 that was 
implemented in 2012, it then follows to increase the limiting 
temperatures for cooled turbine blades, vanes and ``tip-shrouds'' in 
9E003.a.5.
    A Technical Note is added to define `gas path temperature' as this 
term is used in the newly revised 9E003.a.5 parameter.
    9E003.h.3 is amended by replacing the period with a semi-colon.

Supplement No. 1 to Part 774 (the Commerce Control List), Supplement 
No. 2 ``General Technology and Software Notes''

    The ``General Software Note'' (GSN) is amended by adding some 
provisions that align with what WA Participating States have already 
been doing. While WA implements the GSN as a decontrol note, the U.S. 
implements it as criteria for License Exception TSU and a cross 
reference to Sec.  740.13 is included. Additionally, paragraph 2 of the 
GSN that refers to ``in the public domain,'' is replaced with a 
reference to Section 734.3(b)(3) for regulations that set forth 
provisions for ``publicly available technology and software.''
    Paragraph 3 of the GSN sets forth the provision to cover minimum 
necessary ``software'' for the installation, operation, maintenance 
(checking) or repair of authorized equipment. It was decided to add 
``object code'' to make sure that ``source code'' is not released by 
the GSN. Also a Note was included to clarify that the minimum necessary 
``object code'' is not software that can enhance or improve the 
performance of an item or provide new features or functionality. The 
GSN does not apply to ``software'' controlled by Category 5 Part 2 
``Information Security,'' instead a similar note addresses such 
``software'' in Note 3 to Category 5 Part 2 ``Cryptography Note.''

Supplement No. 5 to Part 774 (Items Classified Under ECCNS 0A521, 
0B521, 0C521, 0D521 AND 0E521)

    This rule revises section 0D521 and 0E521 of Supplement No. 5 to 
part 774 to add two new entries 0D521 No. 2 and 0E521 No. 6. The 
explanation for these additions is found under 7D004 in the preamble of 
this rule.
    Supplement No. 1 to Sec.  740.11 (Additional restrictions on use of 
license Exception GOV) is amended by removing the phrase ``radio 
frequency (RF) transmitting equipment'' and adding in its place 
``Counter Improvised Explosive Device (IED) equipment and related 
equipment'' in two places in paragraph (a)(1)(vii)(C) and in two places 
in paragraph (b)(1)(vii)(C), because the scope of 5A001.h is expanded 
to control more equipment.

Part 742 (Control Policy--CCL Based Controls)

    Section 742.15 (Encryption Items) is amended by revising paragraph 
(d). This rule adds paragraph (d)(2) to grandfather classification 
requests and encryption registrations submitted after June 15, 2010 for 
components that received a classification of 5X002 Sec.  742.17(b)(3) 
and that meet the newly added paragraph (b) of the Cryptography Note 3 
in Category 5 Part 2 of the Commerce Control List in Supplement No. 1 
to part 774, if you include these components in your self-
classification report.

Part 743 Special Reporting

    WA has three levels of controls as reflected in its Basic List 
(BL), Sensitive List (SL), and Very Sensitive List (VSL). BIS makes 
certain items on the WA BL and SL eligible for license exceptions. 
Because of the U.S. obligations under its agreements to the WA, the 
United States must report on SL items exported outside of the WA 
membership countries. BIS does this by gathering data from its 
licensing database. To collect data on exports made under license 
exceptions, BIS requires WA reporting on SL items exported (excluding 
deemed exports) under License Exceptions GBS, CIV, TSR, LVS, APP, STA, 
and portions of GOV. As a result of WA making changes to its SL, this 
rule makes corresponding changes to the reporting requirements of 
section 743.1 of the EAR.
    The Note to Section 743.1(c)(1)(ii) is simplified by combining the 
list of software and technology that require WA reporting under ECCNs 
2D001, 2E001 and 2E002, as well as harmonizing these requirements with 
the changes made to the WA Sensitive List.

Part 770 Interpretations

    Section 770.2 is amended by revising paragraph (h) ``Ground 
Vehicles'' to harmonize with changes WA made to ML 6. WA changed ML 6 
to clarify the scope of ML 6 by adding three specific parameter 
paragraphs to distinguish military vehicles from commercial vehicles 
used for security.

Sec.  772.1 Definitions of Terms as Used in the Export Administration 
Regulations (EAR)

    The definition for ``diffusion bonding'' is amended by removing the 
word ``molecular'', replacing the phrase ``two separate metals'' with 
``two separate pieces of metals'', and adding a phrase ``wherein the 
principal mechanism is interdiffusion of atoms across the interface'' 
to the end of the definition. It was inappropriate to use the term 
``molecular'' in describing metallic bonds, because molecules do not 
exist in solid-state metals. In addition, to achieve diffusion bonding, 
interdiffusion of at least two separate atoms of metals across the 
interface must occur. Then, through the diffusion bonding, the atoms 
are joined into

[[Page 37381]]

diffusion bonded metals (metallic bonds).
    The definition for ``dynamic signal analyzers'' is removed from 
Sec.  772.1. The existing controls on Dynamic Signal Analyzers are 
commonly interpreted to require both phase and amplitude at the output. 
By deleting the concept of ``Dynamic Signal Analyzer'' and replacing it 
with ``Signal Analyzer'' the requirement that both phase and amplitude 
be in the output is removed.
    The definition for ``frequency mask trigger'' is added to define 
pulse equipment (3A002.c.5) that allows the detection and processing of 
unknown short duration, transient, sporadic, and burst RF signals.
    The definition for ``object code'' is amended by replacing ``(Cat 
9)'' with ``(GSN)'' because this term is not used in Cat 9 and it is 
now used in the General Software Note to make sure that the GSN only 
covers object code and not source code.
    The definition for ``personal area network'' is amended by adding 
the phrase ``and their nearby surrounding spaces'' to harmonize with 
the range increase included in the 5A002 exclusion Note .i limits (not 
exceeding 100 meters).
    The definition for ``real-time bandwidth'' is revised to better 
define the concept of gap-free analysis of the input data, and to 
assure that the scope of control remains focused on what ``signal 
analyzers'' was intended to control.
    The definition for ``space-qualified'' is amended by removing the 
reference to Cat 8, because Cat 8 no longer has ``space-qualified'' 
equipment. The revision of the text was to clarify the definition and 
close a loophole.
    The definition for ``substrate blanks'' is amended by replacing 
``Cat 6'' with ``Cat 3 and 6,'' because this term is now used in 
3B001.h.1 to control multi-layer masks with a phase shift layer.

Export Administration Act

    Since August 21, 2001, the Export Administration Act of 1979, as 
amended, has been in lapse. However, the President, through Executive 
Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as 
amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 
13, 2013), and as extended by the Notice of August 15, 2012, 77 FR 
49699 (August 16, 2012) has continued the EAR in effect under the 
International Emergency Economic Powers Act (50 U.S.C. Sec. Sec.  1701 
et seq.). BIS continues to carry out the provisions of the Export 
Administration Act, as appropriate and to the extent permitted by law, 
pursuant to Executive Order 13222 as amended by Executive Order 13637.

Saving Clause

    Shipments of items removed from license exception eligibility or 
eligibility for export without a license as a result of this regulatory 
action that were on dock for loading, on lighter, laden aboard an 
exporting carrier, or en route aboard a carrier to a port of export, on 
June 20, 2013, pursuant to actual orders for export to a foreign 
destination, may proceed to that destination under the previous license 
exception eligibility or without a license so long as they have been 
exported from the United States before August 19, 2013. Any such items 
not actually exported before midnight, on August 19, 2013, require a 
license in accordance with this regulation.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated to be a ``significant 
regulatory action'' although not economically significant, under 
Executive Order 12866. Accordingly, the rule has been reviewed by the 
Office of Management and Budget.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.) (PRA), unless that collection of information displays a currently 
valid Office of Management and Budget (OMB) Control Number. This rule 
involves two collections of information subject to the PRA. One of the 
collections has been approved by OMB under control number 0694-0088, 
``Multi-Purpose Application,'' and carries a burden hour estimate of 58 
minutes for a manual or electronic submission. The other of the 
collections has been approved by OMB under control number 0694-0106, 
``Reporting and Recordkeeping Requirements under the Wassenaar 
Arrangement,'' and carries a burden hour estimate of 21 minutes for a 
manual or electronic submission. Send comments regarding these burden 
estimates or any other aspect of these collections of information, 
including suggestions for reducing the burden, to OMB Desk Officer, New 
Executive Office Building, Washington, DC 20503; and to Jasmeet Seehra, 
OMB Desk Officer, by email at Jasmeet_K._Seehra@omb.eop.gov or by fax 
to (202) 395-7285; and to the Office of Administration, Bureau of 
Industry and Security, Department of Commerce, 14th and Pennsylvania 
Avenue NW., Room 6622, Washington, DC 20230.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public participation, and a 30-day delay in effective date, are 
inapplicable because this regulation involves a military and foreign 
affairs function of the United States (5 U.S.C. 553(a)(1)). Immediate 
implementation of these amendments fulfills the United States' 
international obligation to the Wassenaar Arrangement on Export 
Controls for Conventional Arms and Dual-Use Goods and Technologies. The 
Wassenaar Arrangement contributes to international security and 
regional stability by promoting greater responsibility in transfers of 
conventional arms and dual use goods and technologies, thus preventing 
destabilizing accumulations of such items. The Wassenaar Arrangement 
consists of 41 member countries that act on a consensus basis and the 
changes set forth in this rule implement agreements reached at the 
December 2012 plenary session of the WA. Because the United States is a 
significant exporter of the items in this rule, implementation of this 
provision is necessary for the WA to achieve its purpose. Any delay in 
implementation will create a disruption in the movement of affected 
items globally because of disharmony between export control measures 
implemented by WA members, resulting in tension between member 
countries. Export controls work best when all countries implement the 
same export controls in a timely manner. If this rulemaking were 
delayed to allow for notice and comment and a 30-day delay in 
effectiveness, it would prevent the United States from fulfilling its 
commitment to the WA in a timely manner and would injure the 
credibility of the United States in this and other multilateral 
regimes.
    Further, no other law requires that a notice of proposed rulemaking 
and an opportunity for public comment be

[[Page 37382]]

given for this final rule. Because a notice of proposed rulemaking and 
an opportunity for public comment are not required to be given for this 
rule under the Administrative Procedure Act or by any other law, the 
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.) are not applicable. Therefore, this regulation is issued in 
final form. Although there is no formal comment period, public comments 
on this regulation are welcome on a continuing basis. Comments should 
be submitted to Sharron Cook, Office of Exporter Services, Bureau of 
Industry and Security, Department of Commerce, 14th and Pennsylvania 
Ave. NW., Room 2099, Washington, DC 20230.

List of Subjects

15 CFR Part 738

    Exports.

15 CFR Parts 740 and 752

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 743

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

15 CFR Parts 746 and 774

    Exports, Reporting and recordkeeping requirements.

15 CFR Parts 770 and 772

    Exports.

    Accordingly, Parts 738, 740, 742, 743, 746, 752, 770, 772, and 774 
of the Export Administration Regulations (15 CFR parts 730-774) are 
amended as follows:

PART 738 [AMENDED]

0
1. The authority citation for Part 738 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et 
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Notice of August 15, 2012, 77 FR 49699 (August 16, 2012).

0
2. Section 738.3 is amended by revising paragraph (a)(1) to read as 
follows:

Sec.  738.3  Commerce Country Chart structure.

    (a) * * *
    (1) ECCNs 0A983, 5A001.f.1, 5A980, 5D001 (for 5A001.f.1, or for 
5E001.a (for 5A001.f.1 or for 5D001.a (for 5A001.f.1))), 5D980, 5E001.a 
(for 5A001.f.1, or for 5D001.a (for 5A001.f.1)) and 5E980. A license is 
required for all destinations for items controlled under these entries. 
For items controlled by 0A983, 5E001.a (for 5A001.f.1, or for 5D001.a 
(for 5A001.f.1)) and 5E980, no license exceptions apply. For items 
controlled by 5A001.f.1, 5A980, 5D001 (for 5A001.f.1 or for 5E001.a 
(for 5A001.f.1, or for 5D001.a (for 5A001.f.1))) and 5D980, License 
Exception GOV may apply if your item is consigned to and for the 
official use of an agency of the U.S. Government (see Sec.  
740.2(a)(3)). If your item is controlled by 0A983, 5A001.f.1, 5A980, 
5D001 (for 5A001.f.1 or for 5E001.a (for 5A001.f.1, or for 5D001.a (for 
5A001.f.1))), 5D980, 5E001.a (for 5A001.f.1, or for 5D001.a (for 
5A001.f.1)) or 5E980 you should proceed directly to Part 748 of the EAR 
for license application instructions and Sec. Sec.  742.11 or 742.13 of 
the EAR for information on the licensing policy relevant to these types 
of applications.
* * * * *

PART 740 [AMENDED]

0
3. The authority citation for Part 740 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., 
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 
of August 15, 2012, 77 FR 49699 (August 16, 2012).

0
4. Section 740.2 is amended by revising paragraph (a)(3) to read as 
follows:

Sec.  740.2  Restrictions on all License Exceptions.

    (a) * * *
    (3) The item is primarily useful for surreptitious interception of 
wire, oral, or electronic communications, or related software, 
controlled under ECCNs 5A001.,f.1 5A980, 5D001 (for 5A001.f.1 or for 
5E001.a (for 5A001.f.1, or for 5D001.a (for 5A001.f.1))), or 5D980, 
unless the item is consigned to and for the official use of an agency 
of the U.S. Government (see Sec.  740.11(b)(2)(ii) of this part, 
Governments (GOV)). No license exceptions apply for 5E001.a (for 
5A001.f.1, or for 5D001.a (for 5A001.f.1)) or for 5E980.
* * * * *

Sec.  740.11  [Amended]

0
5. Supplement No. 1 to Sec.  740.11 is amended by removing the phrase 
``radio frequency (RF) transmitting equipment'' and adding in its place 
``Counter Improvised Explosive Device (IED) equipment and related 
equipment'' in two places in paragraph (a)(1)(vii)(C) and in two places 
in paragraph (b)(1)(vii)(C).

PART 742 [AMENDED]

0
6. The authority citation for Part 742 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 
43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., 
p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential 
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; 
Notice of August 15, 2012, 77 FR 49699 (August 16, 2012); Notice of 
November 1, 2012, 77 FR 66513 (November 5, 2012).

0
7. Section 742.13 is amended by revising paragraph (a)(1) to read as 
follows:

Sec.  742.13  Communications intercepting devices; software and 
technology for communications intercepting devices.

    (a) License requirement. (1) In support of U.S. foreign policy to 
prohibit the export of items that may be used for the surreptitious 
interception of wire, oral, or electronic communications, a license is 
required for all destinations, including Canada, for ECCNs having an 
``SL'' under the ``Reason for Control'' paragraph. These items include 
any electronic, mechanical, or other device primarily useful for the 
surreptitious interception of wire, oral, or electronic communications 
(ECCNs 5A001.f.1 and 5A980); and for related ``software'' primarily 
useful for the surreptitious interception of wire, oral, or electronic 
communications (ECCN 5D001.c and 5D980.a); and ``software'' primarily 
useful for the ``development'', ``production'', or ``use'' of devices 
controlled under ECCNs 5A001.f.1 and 5A980 (ECCNs 5D001.a and 5D980.b); 
and for ``technology'' primarily useful for the ``development'', 
``production'', or ``use'' of items controlled by ECCNs 5A001.f.1, 
5D001.a (for 5A001.f.1), 5A980 and 5D980 (ECCNs 5E001.a and 5E980); and 
for ``software'' primarily useful to support such ECCN 5E001.a 
``development'', ``production'', or ``use'' ``technology'' for 
5A001.f.1 equipment and certain 5D001.a ``software'' (ECCN 5D001.b). 
These licensing requirements

[[Page 37383]]

do not supersede the requirements contained in the Omnibus Crime 
Control and Safe Streets Act of 1968, as amended (18 U.S.C. 2512). This 
license requirement is not reflected on the Commerce Country Chart 
(Supplement No. 1 to Part 738 of the EAR).
* * * * *

0
8. Section 742.15 is amended by revising paragraph (d) to read as 
follows:

Sec.  742.15  Encryption items.

* * * * *
    (d) Grandfathering. (1) For mass market encryption commodities, 
software and components described in (or otherwise meeting the 
specifications of) paragraph (b) of this section effective June 25, 
2010, such items reviewed and classified by BIS as mass market products 
prior to June 25, 2010 are authorized for export and reexport under 
paragraph (b) of this section using the CCATS previously issued by BIS, 
without any encryption registration (i.e., the information described in 
Supplement No. 5 to this part), new classification by BIS, or self-
classification reporting (i.e., the information described in Supplement 
No. 8 to this part), provided the cryptographic functionality of the 
item has not changed. See paragraph (b)(7)(i)(C) of this section 
regarding changes in encryption functionality following a previous 
classification.
    (2) If you have components that meet paragraph (b) of the 
Cryptography Note 3 in Category 5 Part 2 of the Commerce Control List 
in Supplement No. 1 to part 774 and the components have previously been 
classified under ECCN 5X002 pursuant to Sec.  740.17(b)(3) or self-
classified under Sec.  740.17(b)(1) after June 25, 2010, a new 
classification request is not required to make it eligible for 
paragraph (b) to Note 3 under Sec.  742.15(b)(3), i.e., 5X992, if you 
include these components in your self-classification report submitted 
to BIS and the ENC Encryption Request Coordinator no later than 
February 1 following the calendar year in which you first export or 
reexport the reclassified components.

PART 743 [AMENDED]

0
9. The authority citation for part 743 is revised to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13637 of 
March 8, 2013, 78 FR 16129 (March 13, 2013); Notice of August 15, 
2012, 77 FR 49699 (August 16, 2012).

0
10. Section 743.1 is amended by revising the Note to paragraph 
(c)(1)(ii) to read as follows:

Sec.  743.1  Wassenaar Arrangement.

* * * * *
    (c) * * *
    (1) * * *
    (ii) * * *

     Note to Paragraph (c)(1)(ii):  Reports for 2D001, 2E001 and 
2E002 are for equipment as follows:
    a. Machine tools for turning having all of the following:
    1. Positioning accuracy with ``all compensations available'' 
equal to or less (better) than 3 [micro]m according to ISO 230/2 
(2006) or national equivalents along one or more linear axis; and
    2. Two or more axes which can be coordinated simultaneously for 
``contouring control''.
    b. Machine tools for milling having any of the following:
    1. Having all of the following:
    i. Positioning accuracy with ``all compensations available'' 
equal to or less (better) than 3 [micro]m according to ISO 230/2 
(2006) or national equivalents along one or more linear axis; and
    ii. Three linear axes plus one rotary axis which can be 
coordinated simultaneously for ``contouring control'';
    2. Specified by 2B001.b.2.a, 2B001.b.2.b or 2B001.b.2.c and 
having a positioning accuracy with ``all compensations available'' 
equal to or less (better) than 3 [micro]m according to ISO 230/2 
(2006) or national equivalents along one or more linear axis; or
    3. A positioning accuracy for jig boring machines, with ``all 
compensations available'', equal to or less (better) than 3 [micro]m 
according to ISO 230/2 (2006) or national equivalents along one or 
more linear axis;
    c. Electrical discharge machines (EDM) as specified in 2B001.d.
    d. Deep-hole-drilling machines as specified in 2B001.f.
    e. ``Numerically controlled'' or manual machine tools as 
specified in 2B003.

* * * * *

PART 746 [AMENDED]

0
11. The authority citation for Part 746 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C. 
6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 
36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 
1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 783; E.O. 
13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential 
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; 
Presidential Determination 2007-7 of December 7, 2006, 72 FR 1899 
(January 16, 2007); Notice of May 9, 2012, 77 FR 27559 (May 10, 
2012); Notice of August 15, 2012, 77 FR 49699 (August 16, 2012).

0
12. Section 746.7 is amended by revising paragraph (a)(1) to read as 
follows:

Sec.  746.7  Iran.

* * * * *
    (a) License Requirements--(1) EAR license requirements. A license 
is required under the EAR to export or reexport to Iran any item on the 
CCL containing a CB Column 1, CB Column 2, CB Column 3, NP Column 1, NP 
Column 2, NS Column 1, NS Column 2, MT Column 1, RS Column 1, RS Column 
2, CC Column 1, CC Column 2, CC Column 3, AT Column 1 or AT Column 2 in 
the Country Chart Column of the License Requirements section of an ECCN 
or classified under ECCNs 0A980, 0A982, 0A983, 0A985, 0E982, 1C355, 
1C395, 1C980, 1C981, 1C982, 1C983, 1C984, 2A994, 2D994, 2E994, 
5A001.f.1, 5A980, 5D001 (for 5A001.f.1or for 5E001.a (for 5A001.f.1, or 
for 5D001.a (for 5A001.f.1))), 5D980, 5E001.a (for 5A001.f.1, or for 
5D001.a (for 5A001.f.1)) or 5E980.
* * * * *

PART 752 [AMENDED]

0
13. The authority citation for Part 752 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13222, 66 
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 15, 2012, 77 
FR 49699 (August 16, 2012).

0
14. Section 752.3 is amended by revising paragraph (a)(7) to read as 
follows:

Sec.  752.3  Eligible items.

    (a) * * *
    (7) Communications intercepting devices and related software and 
technology controlled by ECCNs 5A001.f.1, 5A980, 5D001 (for 5A001.f.1 
or for 5E001.a (for 5A001.f.1, or for 5D001.a (for 5A001.f.1))), 5D980, 
5E001.a (for 5A001.f.1, or for 5D001.a (for 5A001.f.1)) or 5E980 on the 
CCL;
* * * * *

PART 770 [AMENDED]

0
15. The authority citation for Part 770 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
15, 2012, 77 FR 49699 (August 16, 2012).

0
16. Section 770.2 is amended by revising paragraph (h) to read as 
follows:

Sec.  770.2  Item Interpretations.

* * * * *

[[Page 37384]]

    (h) Interpretation 8: Ground vehicles. (1) The U.S. Department of 
Commerce, Bureau of Industry and Security has export licensing 
jurisdiction over ground transport vehicles (including trailers), 
parts, and components therefor specially designed or modified for non-
combat military use. Vehicles in this category are primarily transport 
vehicles designed or modified for transporting cargo, personnel and/or 
equipment, or to move other vehicles and equipment over land and roads 
in close support of fighting vehicles and troops. The U.S. Department 
of Commerce, Bureau of Industry and Security also has export licensing 
jurisdiction over vehicles specified in 9A018.b.2, if they do not have 
armor described in 22 CFR 121, Category XIII. In this section, and in 
ECCN 9A018, the word ``unarmed'' means not having weapons installed, 
not having mountings for weapons installed, and not having special 
reinforcements for mountings for weapons.
    (2) Modification of a ground vehicle for military use entails a 
structural, electrical or mechanical change involving one or more 
specially designed military components. Such components include, but 
are not limited to:
    (i) Pneumatic tire casings of a kind designed to be bullet-proof or 
to run when deflated;
    (ii) Tire inflation pressure control systems, operated from inside 
a moving vehicle;
    (iii) Armored protection of vital parts, (e.g., fuel tanks or 
vehicle cabs); and
    (iv) Special reinforcements for mountings for weapons.
    (3) Scope of ECCN 9A018.b: Ground transport vehicles (including 
trailers) and parts and components therefor specially designed or 
modified for non-combat military use are controlled by ECCN 9A018.b.1. 
Unarmed vehicles specified in 9A018.b.2 that are not described in 
paragraph (h)(4) of this section. ECCN 9A018.b does not cover civil 
vehicles designed or modified for transporting money or valuables even 
if such vehicles incorporate items described in paragraphs (h)(2)(i), 
(ii), or (iii) of this section. Ground vehicles that are not described 
in paragraph (h)(4) of this section and that are not covered by either 
ECCN 9A018.b or 9A990 are EAR99, meaning that they are subject to the 
EAR, but not listed in any specific ECCN.
    (4) Related control: The Department of State, Directorate of 
Defense Trade Controls has export licensing jurisdiction for all 
military ground armed or armored vehicles and parts and components 
specific thereto as described in 22 CFR part 121, Category VII. The 
Department of State, Directorate of Defense Trade Controls also has 
export licensing jurisdiction for all-wheel drive vehicles capable of 
off-road use that have been armed or armored with articles described in 
22 CFR part 121 or that have been manufactured or fitted with special 
reinforcements for mounting arms or other specialized military 
equipment described in 22 CFR part 121.
* * * * *

PART 772 [AMENDED]

0
17. The authority citation for part 772 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
15, 2012, 77 FR 49699 (August 16, 2012).

0
18. Section 772.1 is amended by:
0
a. Revising the definitions for ``diffusion bonding,'' ``personal area 
network,'' ``real-time bandwidth,'' ``space-qualified'';
0
b. Removing the definition ``dynamic signal analyzers;''
0
c. Adding a definition for ``frequency mask trigger'';
0
d. Removing ``(Cat 9)'' and adding in its place ``(GSN)'' in the 
definition of ``object code;'' and
0
e. Removing ``(Cat 6)'' and adding in its place ``(Cat 3 and 6)'' in 
the definition of ``substrate blanks''.
    The revisions and addition read as follows:

Sec.  772.1  Definitions of terms as used in the Export Administration 
Regulations (EAR).

* * * * *
    Diffusion bonding. (Cat 1, 2, and 9)--A solid state joining of at 
least two separate pieces of metals into a single piece with a joint 
strength equivalent to that of the weakest material, wherein the 
principal mechanism is interdiffusion of atoms across the interface.
* * * * *
    Frequency mask trigger. (Cat 3)--For ``signal analyzers'' a 
mechanism where the trigger function is able to select a frequency 
range to be triggered on as a subset of the acquisition bandwidth while 
ignoring other signals that may also be present within the same 
acquisition bandwidth. A ``frequency mask trigger'' may contain more 
than one independent set of limits.
* * * * *
    Personal area network. (Cat 5 Part 2)--A data communication system 
having all of the following characteristics:
    (a) Allows an arbitrary number of independent or interconnected 
`data devices' to communicate directly with each other; and
    (b) Is confined to the communication between devices within the 
immediate vicinity of an individual person or device controller (e.g., 
single room, office, or automobile, and their nearby surrounding 
spaces).

    Technical Note: `Data device' means equipment capable of 
transmitting or receiving sequences of digital information.

* * * * *
    Real time bandwidth. (Cat 3)--For ``signal analyzers'', the widest 
frequency range for which the analyzer can continuously transform time 
domain data entirely into frequency-domain results, using Fourier or 
other discrete time transform that processes every incoming time point 
without gaps or windowing effects that causes a reduction of measured 
amplitude of more than 3 dB below the actual signal amplitude, while 
outputting or displaying the transformed data.
* * * * *
    Space-qualified. (Cat 3 and 6)--Designed, manufactured, or 
qualified through successful testing, for operation at altitudes 
greater than 100 km above the surface of the Earth.

    Note: A determination that a specific item is ``space 
qualified'' by virtue of testing does not mean that other items in 
the same production run or model series are ``space qualified'' if 
not individually tested.

* * * * *

PART 774 [AMENDED]

0
19. The authority citation for Part 774 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Notice of August 15, 2012, 77 FR 49699 (August 16, 2012).

0
20. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1, ECCN 1A004 is amended by:
0
a. Revising the introductory paragraph .a of the Items paragraph in the 
List of Items Controlled section; and
0
b. Revising the Note at the end of the Items paragraph in the List of 
Items Controlled section, to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *
1A004 Protective and detection equipment and components, not 
specially designed

[[Page 37385]]

for military use, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

    a. Full face masks, filter canisters and decontamination 
equipment therefor, designed or modified for defense against any of 
the following, and specially designed components therefor:
    Note: 1A004.a includes Powered Air Purifying Respirators (PAPR) 
that are designed or modified for defense against agents or 
materials, listed in 1A004.a.
    Technical Note: For the purpose of 1A004.a, full face masks are 
also known as gas masks.
* * * * *
    Note: 1A004 does not control:
    a. Personal radiation monitoring dosimeters;
    b. Occupational health or safety equipment limited by design or 
function to protect against hazards specific to residential safety 
or civil industries, including:
    1. Mining;
    2. Quarrying;
    3. Agriculture;
    4. Pharmaceutical;
    5. Medical;
    6. Veterinary;
    7. Environmental;
    8. Waste management;
    9. Food industry.
* * * * *

0
21. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1, ECCN 1C001 is amended by revising paragraphs .b and .c in 
the Items paragraph of the List of Items Controlled section to read as 
follows:

1C001 Materials specially designed for use as absorbers of 
electromagnetic waves, or intrinsically conductive polymers, as 
follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b. Materials for absorbing frequencies exceeding 1.5 x 10\14\ Hz 
but less than 3.7 x 10\14\ Hz and not transparent to visible light;
    Note: 1C001.b does not apply to materials, specially designed or 
formulated for any of the following applications:
    a. Laser marking of polymers; or
    b. Laser welding of polymers.
    c. Intrinsically conductive polymeric materials with a `bulk 
electrical conductivity' exceeding 10,000 S/m (Siemens per meter) or 
a `sheet (surface) resistivity' of less than 100 ohms/square, based 
on any of the following polymers:
    c.1. Polyaniline;
    c.2. Polypyrrole;
    c.3. Polythiophene;
    c.4. Poly phenylene-vinylene; or
    c.5. Poly thienylene-vinylene.
    Note: 1C001.c does not apply to materials in a liquid form.
    Technical Note: `Bulk electrical conductivity' and `sheet 
(surface) resistivity' should be determined using ASTM D-257 or 
national equivalents.

0
22. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2, ECCN 2B001 is amended by:
0
a. Revising the Header;
0
b. Revising the Unit paragraph in the List of Items Controlled section;
0
c. Revising Note 2 of the Items paragraph in the List of Items 
Controlled section;
0
d. Revising paragraphs .a.1, .b, and .f in the Items paragraph in the 
List of Items Controlled section, to read as follows:

2B001 Machine tools and any combination thereof, for removing (or 
cutting) metals, ceramics or ``composites'', which, according to the 
manufacturer's technical specifications, can be equipped with 
electronic devices for ``numerical control''; as follows (see List 
of Items Controlled).
* * * * *

List of Items Controlled

Unit: Machine tools in number
Related Controls: * * *
Related Definitions: * * *
Items:
* * * * *
    Note 2: 2B001 does not control special purpose machine tools 
limited to the manufacture of any of the following:
    a. Crank shafts or cam shafts;
    b. Tools or cutters;
    c. Extruder worms;
    d. Engraved or faceted jewelry parts; or
    e. Dental prostheses.
* * * * *
    a. * * *
    a.1. Positioning accuracy with ``all compensations available'' 
equal to or less (better) than 3.0 [micro]m according to ISO 230/2 
(2006) or national equivalents along one or more linear axis; and
* * * * *
    b. Machine tools for milling having any of the following:
    b.1. Having all of the following:
    b.1.a. Positioning accuracy with ``all compensations available'' 
equal to or less (better) than 3 [micro]m according to ISO 230/2 
(2006) or national equivalents along one or more linear axis; and
    b.1.b. Three linear axes plus one rotary axis which can be 
coordinated simultaneously for ``contouring control'';
    b.2. Five or more axes which can be coordinated simultaneously 
for ``contouring control'' having any of the following:
    Note: `Parallel mechanism machine tools' are specified by 
2B001.b.2.d.
    b.2.a. Positioning accuracy with ``all compensations available'' 
equal to or less (better) than 3.0 [micro]m according to ISO 230/2 
(2006) or national equivalents along one or more linear axis with a 
travel length less than 1 m;
    b.2.b. Positioning accuracy with ``all compensations available'' 
equal to or less (better) than 4.5 [micro]m according to ISO 230/2 
(2006) or national equivalents along one or more linear axis with a 
travel length equal to or greater than 1 m and less than 2 m;
    b.2.c. Positioning accuracy with ``all compensations available'' 
equal to or less (better) than 4.5 + 7x(L-2) [micro]m (L is the 
travel length in meters) according to ISO 230/2 (2006) or national 
equivalents along one or more linear axis with a travel length equal 
to or greater than 2 m; or
    b.2.d. Being a `parallel mechanism machine tool';
    Technical Note: A `parallel mechanism machine tool' is a machine 
tool having multiple rods which are linked with a platform and 
actuators; each of the actuators operates the respective rod 
simultaneously and independently.
    b.3. A positioning accuracy for jig boring machines, with ``all 
compensations available'', equal to or less (better) than 3.0 
[micro]m according to ISO 230/2 (2006) or national equivalents along 
one or more linear axis; or
    b.4. Fly cutting machines having all of the following:
    b.4.a. Spindle ``run-out'' and ``camming'' less (better) than 
0.0004 mm TIR; and
    b.4.b. Angular deviation of slide movement (yaw, pitch and roll) 
less (better) than 2 seconds of arc, TIR, over 300 mm of travel;
* * * * *
    f. Deep-hole-drilling machines and turning machines modified for 
deep-hole-drilling, having a maximum depth-of-bore capability 
exceeding 5 m.

0
23. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2, ECCN 2B006 is amended by revising paragraph .b and .c in 
the Items paragraph of the List of Items Controlled section, to read as 
follows:

2B006 Dimensional inspection or measuring systems, equipment, and 
``electronic assemblies'', as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b. Linear and angular displacement measuring instruments, as 
follows:
    b.1. `Linear displacement' measuring instruments having any of 
the following:
    Note: Displacement measuring ``laser'' interferometers are only 
specified by 2B006.b.1.c.
    Technical Note: For the purpose of 2B006.b.1 `linear 
displacement' means the change of distance between the measuring 
probe and the measured object.
    b.1.a. Non-contact type measuring systems with a ``resolution'' 
equal to or less (better) than 0.2 [micro]m within a measuring range 
up to 0.2 mm;
    b.1.b. Linear voltage differential transformer systems having 
all of the following:
    b.1.b.1. ``Linearity'' equal to or less (better) than 0.1% 
within a measuring range up to 5 mm; and

[[Page 37386]]

    b.1.b.2. Drift equal to or less (better) than 0.1% per day at a 
standard ambient test room temperature  1 K;
    b.1.c. Measuring systems having all of the following:
    b.1.c.1. Containing a ``laser''; and
    b.1.c.2. Maintaining, for at least 12 hours, at a temperature of 
20  1 [deg]C, all of the following:
    b.1.c.2.a. A ``resolution'' over their full scale of 0.1 
[micro]m or less (better); and
    b.1.c.2.b. Capable of achieving a ``measurement uncertainty'', 
when compensated for the refractive index of air, equal to or less 
(better) than (0.2 + L/2,000) [micro]m (L is the measured length in 
mm); or
    b.1.d. ``Electronic assemblies'' specially designed to provide 
feedback capability in systems controlled by 2B006.b.1.c;
    Note: 2B006.b.1 does not control measuring interferometer 
systems, with an automatic control system that is designed to use no 
feedback techniques, containing a ``laser'' to measure slide 
movement errors of machine-tools, dimensional inspection machines or 
similar equipment.
    b.2. Angular displacement measuring instruments having an 
``angular position deviation'' equal to or less (better) than 
0.00025[deg];
    Note: 2B006.b.2 does not control optical instruments, such as 
autocollimators, using collimated light (e.g., laser light) to 
detect angular displacement of a mirror.
    c. Equipment for measuring surface roughness (including surface 
defects), by measuring optical scatter with a sensitivity of 0.5 nm 
or less (better).
    Note: 2B006 includes machine tools, other than those specified 
by 2B001, that can be used as measuring machines, if they meet or 
exceed the criteria specified for the measuring machine function.

0
24. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2, ECCN 2D001 is amended by revising the Heading and the Items 
paragraph of the List of Items Controlled section, to read as follows:

2D001 ``Software'', other than that controlled by 2D002, as follows 
(See list of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
    a. ``Software'' specially designed or modified for the 
``development'' or ``production'' of equipment controlled by 2A001 
or 2B001 to 2B009;
    b. ``Software'' specially designed or modified for the ``use'' 
of equipment specified by 2A001.c., 2B001, or 2B003 to 2B009.
    Note: 2D001 does not apply to part programming ``software'' that 
generates ``numerical control'' codes for machining various parts.

0
25. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2, ECCN 2D002 is amended by revising the Items paragraph of 
the List of Items Controlled section to read as follows:

2D002 ``Software'' for electronic devices, even when residing in an 
electronic device or system, enabling such devices or systems to 
function as a ``numerical control'' unit, capable of coordinating 
simultaneously more than 4 axes for ``contouring control''.
* * * * *

List of Items Controlled

* * * * *
Items:

    Note 1: 2D002 does not control ``software'' specially designed 
or modified for the operation of machine tools not specified by 
Category 2.
    Note 2: 2D002 does not control ``software'' for items specified 
by 2B002. See 2D001 and 2D003 for ``software'' for items specified 
by 2B002.
    Note 3: 2D002 does not apply to ``software'' that is exported 
with, and the minimum necessary for the operation of, machine tools 
not specified by Category 2.
    The list of items controlled is contained in the ECCN heading.

0
26. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2, ECCN 2D003 is added after 2D002 to read as follows:

2D003 ``Software'', designed or modified for the operation of 
equipment specified by 2B002, that converts optical design, 
workpiece measurements and material removal functions into 
``numerical control'' commands to achieve the desired workpiece 
form.

License Requirements

    Reason for Control: NS, AT

 
                Control(s)                          Country chart
 
NS applies to entire entry................  NS Column 2.
AT applies to entire entry................  AT Column 1.
 

License Exceptions

    CIV: N/A
    TSR: Yes

List of Items Controlled

    Unit: $ value
    Related Controls: See ECCN 2E001 (``development'') for 
technology for ``software'' controlled under this entry.
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN 
heading.

0
27. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3, ECCN 3A001 is amended by revising paragraphs a.7, b.2, 
b.4.f.3, b.10, and b.11 in the Items paragraph of the List of Items 
Controlled section, to read as follows:

3A001 Electronic components and specially designed components 
therefor, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
    Items:
    a. * * *
    a.7. `Field programmable logic devices' having any of the 
following:
    a.7.a. A maximum number of single-ended digital input/outputs of 
500 or greater; or
    a.7.b. An `aggregate one-way peak serial transceiver data rate' 
or 200 Gb/s or greater;

    Note: 3A001.a.7 includes:

--Simple Programmable Logic Devices (SPLDs)
--Complex Programmable Logic Devices (CPLDs)
--Field Programmable Gate Arrays (FPGAs)
--Field Programmable Logic Arrays (FPLAs)
--Field Programmable Interconnects (FPICs)

    Technical Notes: 
    1. `Field programmable logic devices' are also known as field 
programmable gate or field programmable logic arrays.
    2. Maximum number of digital input/outputs in 3A001.a.7.a is 
also referred to as maximum user input/outputs or maximum available 
input/outputs, whether the integrated circuit is packaged or bare 
die.
    3. `Aggregate one-way peak serial transceiver data rate' is the 
product of the peak serial one-way transceiver data rate times the 
number of transceivers on the FPGA.

* * * * *
    b. * * *
    b.2. Microwave ``Monolithic Integrated Circuits'' (MMIC) power 
amplifiers having any of the following:
    b.2.a. Rated for operation at frequencies exceeding 3.2 GHz up 
to and including 6.8 GHz and with an average output power greater 
than 4W (36 dBm) with a ``fractional bandwidth'' greater than 15%;
    b.2.b. Rated for operation at frequencies exceeding 6.8 GHz up 
to and including 16 GHz and with an average output power greater 
than 1W (30 dBm) with a ``fractional bandwidth'' greater than 10%;
    b.2.c. Rated for operation at frequencies exceeding 16 GHz up to 
and including 31.8 GHz and with an average output power greater than 
0.8W (29 dBm) with a ``fractional bandwidth'' greater than 10%;
    b.2.d. Rated for operation at frequencies exceeding 31.8 GHz up 
to and including 37 GHz and with an average output power greater 
than 0.1 nW (-70 dBm);
    b.2.e. Rated for operation at frequencies exceeding 37 GHz up to 
and including 43.5 GHz and with an average output power greater than 
1.0 W (30 dBm) ;
    b.2.f. Rated for operation at frequencies exceeding 43.5 GHz up 
to and including 75 GHz and with an average output power greater 
than 31.62 mW (15 dBm) with a ``fractional bandwidth'' greater than 
10%;
    b.2.g. Rated for operation at frequencies exceeding 75 GHz up to 
and including 90 GHz and with an average output power greater than 
10 mW (10 dBm) with a ``fractional bandwidth'' greater than 5%; or
    b.2.h. Rated for operation at frequencies exceeding 90 GHz and 
with an average output power greater than 0.1 nW (-70 dBm).
    Note 1: [RESERVED]

[[Page 37387]]

    Note 2: The control status of the MMIC whose rated operating 
frequency includes frequencies listed in more than one frequency 
range, as defined by 3A001.b.2.a through 3A001.b.2.f, is determined 
by the lowest average output power control threshold.
    Note 3: Notes 1 and 2 following the Category 3 heading for 
product group A. Systems, Equipment, and Components mean that 
3A001.b.2 does not control MMICs if they are specially designed for 
other applications, e.g., telecommunications, radar, automobiles.
* * * * *
    b.4. * * *
    b.4.f. * * *
    b.4.f.3. Any two sides perpendicular to one another with either 
length d (in cm) equal to or less than 15 divided by the lowest 
operating frequency in GHz [d fGHz];
    Technical Note: 3.2 GHz should be used as the lowest operating 
frequency (fGHz) in the formula in 3A001.b.4.f.3., for amplifiers 
that have a rated operation range extending downward to 3.2 GHz and 
below [d3.2 GHz].
    N.B.: MMIC power amplifiers should be evaluated against the 
criteria in 3A001.b.2.
    Note 1: [RESERVED]
    Note 2: The control status of an item whose rated operating 
frequency includes frequencies listed in more than one frequency 
range, as defined by 3A001.b.4.a through 3A001.b.4.e, is determined 
by the lowest average output power control threshold.
    Note 3: 3A001.b.4 includes transmit/receive modules and transmit 
modules.
* * * * *
    b.10. Oscillators or oscillator assemblies, specified to operate 
with all of the following:
    b.10.a. A single sideband (SSB) phase noise, in dBc/Hz, better 
than -(126+20 log10F-20 log10f) anywhere 
within the range of 10 Hz Hz, better 
than -(114+20 log10F-20 log10f) anywhere 
within the range of 10 kHz Hz anywhere within the frequency 
range exceeding 43.5 GHz but not exceeding 75 GHz;
    c.3. ``Signal analyzers''having a frequency exceeding 75 GHz;
    c.4. ``Signal analyzers'' having all of the following:
    c.4.a. ``Real-time bandwidth'' exceeding 85 MHz; and
    c.4.b. 100% probability of discovery with less than a 3 dB 
reduction from full amplitude due to gaps or windowing effects of 
signals having a duration of 15 [micro]s or less;
    Note: 3A002.c.4 does not apply to those ``signal analyzers'' 
using only constant percentage bandwidth filters (also known as 
octave or fractional octave filters).

    Technical Notes: 
    1. Probability of discovery in 3A002.c.4.b is also referred to 
as probability of intercept or probability of capture.
    2. For the purposes of 3A002.c.4.b, the duration for 100% 
probability of discovery is equivalent to the minimum signal 
duration necessary for the specified level measurement uncertainty.

    c.5. ``Signal analyzers'' having a ``frequency mask trigger'' 
function with 100% probability of trigger (capture) for signals 
having a duration of 15 [mu]s or less;
    d. Frequency synthesized signal generators producing output 
frequencies, the accuracy and short term and long term stability of 
which are controlled, derived from or disciplined by the internal 
master reference oscillator, and having any of the following:
    d.1. Specified to generate pulses having all of the following, 
anywhere within the synthesized frequency range exceeding 31.8 GHz 
but not exceeding 75 GHz:
    d.1.a. `Pulse duration' of less than 100 ns; and
    d.1.b. On/off ratio equal to or exceeding 65 dB;
    d.2. An output power exceeding 100 mW (20 dBm) anywhere within 
the synthesized frequency range exceeding 43.5 GHz but not exceeding 
75 GHz;
    d.3. A ``frequency switching time'' as specified by any of the 
following:
    d.3.a. [RESERVED];
    d.3.b. Less than 100 [mu]s for any frequency change exceeding 
1.6 GHz within the synthesized frequency range exceeding 4.8 GHz but 
not exceeding 10.6 GHz;
    d.3.c. Less than 250 [mu]s for any frequency change exceeding 
550 MHz within the synthesized frequency range exceeding 10.6 GHz 
but not exceeding 31.8 GHz;
    d.3.d. Less than 500 [mu]s for any frequency change exceeding 
550 MHz within the synthesized frequency range exceeding 31.8 GHz 
but not exceeding 43.5 GHz;
    d.3.e. Less than 1 ms for any frequency change exceeding 550 MHz 
within the synthesized frequency range exceeding 43.5 GHz but not 
exceeding 56 GHz; or
    d.3.f. Less than 1 ms for any frequency change exceeding 2.2 GHz 
within the synthesized frequency range exceeding 56 GHz but not 
exceeding 75 GHz;
    d.4. Single sideband (SSB) phase noise, in dBc/Hz, specified as 
being all of the following:
    d.4.a. Less (better) than--(126+20 log10 F-20 
log10f) for anywhere within the range of 10 Hz F10 F-20 
log10f) for anywhere within the range of 10 kHz Fsecond, by a factor of 2.5.
    2. For the purposes of 3A002.d.1.a, `pulse duration' is defined 
as the time interval between the leading edge of the pulse achieving 
90% of the peak and the trailing edge of the pulse achieving 10% of 
the peak.
    e. Network analyzers having any of the following:
    e.1. An output power exceeding 31.62 mW (15 dBm) anywhere within 
the operating frequency range exceeding 43.5 GHz but not exceeding 
75 GHz;
    e.2. An output power exceeding 1 mW (0 dBm) anywhere within the 
operating

[[Page 37388]]

frequency range exceeding 75 GHz but not exceeding 110 GHz;
    e.3. `Nonlinear vector measurement functionality' at frequencies 
exceeding 50 GHz but not exceeding 110 GHz; or
    Technical Note: `Nonlinear vector measurement functionality' is 
an instrument's ability to analyze the test results of devices 
driven into the large-signal domain or the non-linear distortion 
range.
    e.4. A maximum operating frequency exceeding 110 GHz;
    f. Microwave test receivers having all of the following:
    f.1. Maximum operating frequency exceeding 110 GHz; and
    f.2. Being capable of measuring amplitude and phase 
simultaneously;
* * * * *

0
29. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3, ECCN 3B001 is amended by revising paragraphs .a, .b and .h 
in the Items paragraphs of the List of Items Controlled section, to 
read as follows:

3B001 Equipment for the manufacturing of semiconductor devices or 
materials, as follows (see List of Items Controlled) and specially 
designed components and accessories therefor.
* * * * *

List of Items Controlled

* * * * *
Items:

    a. Equipment designed for epitaxial growth as follows:
    a.1. Equipment capable of producing a layer of any material 
other than silicon with a thickness uniform to less than  2.5% across a distance of 75 mm or more;
     Note: 3B001.a.1 includes atomic layer epitaxy (ALE) equipment.
    a.2. Metal Organic Chemical Vapor Deposition (MOCVD) reactors 
designed for compound semiconductor epitaxial growth of material 
having two or more of the following elements: aluminum, gallium, 
indium, arsenic, phosphorus, antimony, or nitrogen;
    a.3. Molecular beam epitaxial growth equipment using gas or 
solid sources;
    b. Equipment designed for ion implantation and having any of the 
following:
    b.1. [RESERVED];
    b.2. Being designed and optimized to operate at a beam energy of 
20 keV or more and a beam current of 10 mA or more for hydrogen, 
deuterium, or helium implant;
    b.3. Direct write capability;
    b.4. A beam energy of 65 keV or more and a beam current of 45 mA 
or more for high energy oxygen implant into a heated semiconductor 
material ``substrate''; or
    b.5. Being designed and optimized to operate at beam energy of 
20keV or more and a beam current of 10mA or more for silicon implant 
into a semiconductor material ``substrate'' heated to 600 [deg]C or 
greater;
* * * * *
    h. Multi-layer masks with a phase shift layer not specified by 
3B001.g and having any of the following:
    h.1. Made on a mask ``substrate blank'' from glass specified as 
having less than 7 nm/cm birefringence; or
    h.2. Designed to be used by lithography equipment having a light 
source wavelength less than 245 nm;
    Note: 3B001.h. does not control multi-layer masks with a phase 
shift layer designed for the fabrication of memory devices not 
controlled by 3A001.
* * * * *

0
30. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3, ECCN 3C002 is amended by:
0
a. Revising the GBS and CIV paragraphs of the License Exceptions 
section; and
0
b. Revising the Related Definitions and Items paragraphs in the List of 
Items Controlled section, to read as follows:

3C002 Resist materials as follows (see List of Items Controlled) and 
``substrates'' coated with the following resists.
* * * * *

License Exceptions

    LVS: * * *
    GBS: Yes for 3C002.a provided that they are not also controlled 
by 3C002.b through .e.
    CIV: Yes for 3C002.a provided that they are not also controlled 
by 3C002.b through .e.

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: N/A
    Items:
    a. Resists designed for semiconductor lithography as follows:
    a.1. Positive resists adjusted (optimized) for use at 
wavelengths less than 245 nm but equal to or greater than 15 nm;
    a.2. Resists adjusted (optimized) for use at wavelengths less 
than 15 nm but greater than 1 nm;
    b. All resists designed for use with electron beams or ion 
beams, with a sensitivity of 0.01 [mu]coulomb/mm\2\ or better;
    c. [RESERVED]
    d. All resists optimized for surface imaging technologies;
    e. All resists designed or optimized for use with imprint 
lithography equipment specified by 3B001.f.2 that use either a 
thermal or photo-curable process.

0
31. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
4, ECCN 4D001 is amended by revising paragraph .a in the Items 
paragraph of the List of Items Controlled section, to read as follows:

4D001 ``Software'' as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

    a. ``Software'' specially designed or modified for the 
``development'' or ``production'', of equipment or ``software'' 
controlled by 4A001, 4A003, 4A004, or 4D (except 4D980, 4D993 or 
4D994).
* * * * *

0
32. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
5, Part 1, ECCN 5A001 is amended by:
0
a. Revising the License Requirements section;
0
b. Revising the LVS paragraph in the License Exception section; and
0
c. Revising paragraphs .f, .h, and .i in the Items paragraph of the 
List of Items Controlled, to read as follows:

5A001 Telecommunications systems, equipment, components and 
accessories, as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, SL, AT

 
                Control(s)                          Country Chart
 
NS applies to 5A001.a, .e, .b.5, f.3 and    NS Column 1
 .h..
NS applies to 5A001.b (except .b.5), .c,    NS Column 2
 .d, .f (except f.3), and .g..
SL applies to 5A001.f.1...................  A license is required for
                                             all destinations, as
                                             specified in Sec.   742.13
                                             of the EAR. Accordingly, a
                                             column specific to this
                                             control does not appear on
                                             the Commerce Country Chart
                                             (Supplement No. 1 to Part
                                             738 of the EAR).
                                            Note to SL paragraph: This
                                             licensing requirement does
                                             not supersede, nor does it
                                             implement, construe or
                                             limit the scope of any
                                             criminal statute,
                                             including, but not limited
                                             to the Omnibus Safe Streets
                                             Act of 1968, as amended.
AT applies to entire entry................  AT Column 1
 

    License Requirement Notes: See Sec.  743.1 of the EAR for 
reporting requirements for exports under License Exceptions. See 
Sec.  740.2(a)(3) of the EAR for restrictions on the use of License 
Exceptions for 5A001.f.1.

License Exceptions

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

    $5000 for 5A001.b.1, .b.2, .b.3, .b.6, .d, f.2, f.4, and .g;
    $3000 for 5A001.c.
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *

[[Page 37389]]

    f. Mobile telecommunications interception or jamming equipment, 
and monitoring equipment therefor, as follows, and specially 
designed components therefor:
    f.1. Interception equipment designed for the extraction of voice 
or data, transmitted over the air interface;
    f.2. Interception equipment not specified in 5A001.f.1, designed 
for the extraction of client device or subscriber identifiers (e.g., 
IMSI, TIMSI or IMEI), signaling, or other metadata transmitted over 
the air interface;
    f.3. Jamming equipment specially designed or modified to 
intentionally and selectively interfere with, deny, inhibit, degrade 
or seduce mobile telecommunication services and performing any of 
the following:
    f.3.a. Simulate the functions of Radio Access Network (RAN) 
equipment;
    f.3.b. Detect and exploit specific characteristics of the mobile 
telecommunications protocol employed (e.g., GSM); or
    f.3.c. Exploit specific characteristics of the mobile 
telecommunications protocol employed (e.g., GSM);
    f.4. Radio Frequency (RF) monitoring equipment designed or 
modified to identify the operation of items specified in 5A001.f.1, 
5A001.f.2 or 5A001.f.3.
    Note: 5A001.f.1 and 5A001.f.2 do not apply to any of the 
following:
    a. Equipment specially designed for the interception of analog 
Private Mobile Radio (PMR), IEEE 802.11 WLAN;
    b. Equipment designed for mobile telecommunications network 
operators; or
    c. Equipment designed for the ``development'' or ``production'' 
of mobile telecommunications equipment or systems.
    N.B. 1: See also the International Traffic in Arms Regulations 
(ITAR) (22 CFR Parts 120-130). For items specified by 5A001.f.1 
(including as previously specified by 5A001.i), see also5A980 and 
the U.S. Munitions List (22 CFR part 121).
    N.B. 2: For radio receivers see 5A001.b.5.
* * * * *
    h. Counter Improvised Explosive Device (IED) equipment and 
related equipment, as follows:
    h.1. Radio Frequency (RF) transmitting equipment, not specified 
by 5A001.f, designed or modified for prematurely activating or 
preventing the initiation of Improvised Explosive Devices (IEDs);
    h.2. Equipment using techniques designed to enable radio 
communications in the same frequency channels on which co-located 
equipment specified by 5A001.h.1 is transmitting.
    N.B.: See also Category XI of the International Traffic in Arms 
Regulations (ITAR) (22 CFR Parts 120-130).
    i. [RESERVED]
    N.B.: See 5A001.f.1 for items previously specified by 5A001.i.

0
33. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
5, Part 1, ECCN 5A980 is amended by revising the Heading and the List 
of Items Controlled section, to read as follows:

5A980 Devices primarily useful for the surreptitious interception of 
wire, oral, or electronic communications, other than those 
controlled under 5A001.f.1; and parts and accessories therefor.
* * * * *

List of Items Controlled

Unit: $ value.
Related Controls: (1) See ECCN 5A001.f.1 for systems or equipment, 
specially designed or modified to intercept and process the air 
interface of 'mobile telecommunications', and specially designed 
components therefor. (2) See ECCN 5D980 for ``software'' for the 
``development'', ``production'' or ``use'' of equipment controlled 
by 5A980. (3) See ECCN 5E980 for the ``technology'' for the 
``development'', ``production'', and ``use'' of equipment controlled 
by 5A980.
Related Definitions: N/A
Items:

    The list of items controlled is contained in the ECCN heading.

0
34. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
5, Part 1, ECCN 5B001 is amended by:
0
a. Revising the STA paragraph in the License Exception section; and
0
b. Revising paragraph .a in the Items paragraph of the List of Items 
Controlled section, to read as follows:

5B001 Telecommunication test, inspection and production equipment, 
components and accessories, as follows (See List of Items 
Controlled).
* * * * *

License Exceptions

* * * * *
STA: License Exception STA may not be used to ship 5B001.a equipment 
and specially designed components or accessories therefor, specially 
designed for the ``development'' or ``production'' of equipment, 
functions or features specified by in ECCN 5A001.b.3, .b.5 or .h to 
any of the eight destinations listed in Sec.  740.20(c)(2) of the 
EAR.

List of Items Controlled

* * * * *
Items:

    a. Equipment and specially designed components or accessories 
therefor, specially designed for the ``development'' or 
``production'' of equipment, functions or features, controlled by 
5A001;
    Note: 5B001.a does not apply to optical fiber characterization 
equipment.
* * * * *

0
35. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
5, Part 1, ECCN 5D001 is amended by revising the License Requirements 
section to read as follows:

5D001 ``Software'' as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, SL, AT

 
                Control(s)                          Country chart
 
NS applies to entire entry................  NS Column 1.
SL applies to the entire entry as           A license is required for
 applicable for equipment, functions,        all destinations, as
 features, or characteristics controlled     specified in Sec.   742.13
 by 5A001.f.1.                               of the EAR. Accordingly, a
                                             column specific to this
                                             control does not appear on
                                             the Commerce Country Chart
                                             (Supplement No. 1 to Part
                                             738 of the EAR).
                                            Note to SL paragraph: This
                                             licensing requirement does
                                             not supersede, nor does it
                                             implement, construe or
                                             limit the scope of any
                                             criminal statute,
                                             including, but not limited
                                             to the Omnibus Safe Streets
                                             Act of 1968, as amended.
AT applies to entire entry................  AT Column 1.
 

    License Requirement Notes: See Sec.  743.1 of the EAR for 
reporting requirements for exports under License Exceptions. See 
Sec.  740.2(a)(3) of the EAR for restrictions on the use of License 
Exceptions for 5D001 (as it applies to 5A001.f.1 or 5E001.a (as it 
applies to 5A001.f.1 or 5D001.a (as it applies to 5A001.f.1))).
* * * * *

0
36. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
5, Part 1, ECCN 5D980 is amended by revising the Heading and the 
Related Controls paragraph in the List of Items Controlled Section, to 
read as follows:

5D980 Other ``software'', other than that controlled by 5D001 (for 
the equipment, functions, features, or characteristics controlled by 
5A001. f.1, or to support certain ``technology'' controlled by 
5E001.a), as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: See also 5D001.a and .c for software controls for 
equipment, functions, features or characteristics controlled by 
5A001.f.1 and also 5D001.b for controls on ``software'' specially 
designed or modified to support ``technology'' controlled by 5E001.a 
(for 5A001.f.1 equipment, functions or features, and for 5D001.a 
``software'' for 5A001.f.1 equipment). See 5E980 for ``technology'' 
for the ``development'', ``production'', and ``use'' of equipment 
controlled by 5A980 or ``software'' controlled by 5D980.
Related Definitions: * * *

Items: * * *

[[Page 37390]]

0
37. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
5, Part 1, ECCN 5E001 is amended by:
0
a. Revising the License Requirements section; and
0
b. Revising paragraph .d in the Items paragraph of the List of Items 
Controlled section, to read as follows:

5E001 ``Technology'' as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, SL, AT

 
                Control(s)                          Country chart
 
NS applies to entire entry................  NS Column 1.
SL applies to ``technology'' for the        A license is required for
 ``development'' or ``production'' of        all destinations, as
 equipment, functions or features            specified in Sec.   742.13
 controlled by 5A001.f.1, or for the         of the EAR. Accordingly, a
 ``development'' or ``production'' of        column specific to this
 ``software'' controlled by ECCN 5D001.a     control does not appear on
 (for 5A001.f.1).                            the Commerce Country Chart
                                             (Supplement No. 1 to Part
                                             738 of the EAR).
                                            Note to SL paragraph: This
                                             licensing requirement does
                                             not supersede, nor does it
                                             implement, construe or
                                             limit the scope of any
                                             criminal statute,
                                             including, but not limited
                                             to the Omnibus Safe Streets
                                             Act of 1968, as amended.
AT applies to entire entry................  AT Column 1.
 

    License Requirement Notes: See Sec.  743.1 of the EAR for 
reporting requirements for exports under License Exceptions. See 
Sec.  740.2(a)(3) of the EAR for restrictions on the use of License 
Exceptions for 5E001.a (as it applies to 5A001.f.1 or 5D001.a (as it 
applies to 5A001.f.1))).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    d. ``Technology'' according to the General Technology Note for 
the ``development'' or ``production'' of Microwave Monolithic 
Integrated Circuit (MMIC) power amplifiers specially designed for 
telecommunications and having any of the following:
    d.1. Rated for operation at frequencies exceeding 3.2 GHz up to 
and including 6.8 GHz and with an average output power greater than 
4 W (36 dBm) with a ``fractional bandwidth'' greater than 15%;
    d.2. Rated for operation at frequencies exceeding 6.8 GHz up to 
and including 16 GHz and with an average output power greater than 1 
W (30 dBm) with a ``fractional bandwidth'' greater than 10%;
    d.3. Rated for operation at frequencies exceeding 16 GHz up to 
and including 31.8 GHz and with an average output power greater than 
0.8 W (29 dBm) with a ``fractional bandwidth'' greater than 10%;
    d.4. Rated for operation at frequencies exceeding 31.8 GHz up to 
and including 37 GHz and with an average output power greater than 
0.1 nW (-70 dBm);
    d.5. Rated for operation at frequencies exceeding 37 GHz up to 
and including 43.5 GHz and with an average output power greater than 
1.0 W (30 dBm);
    d.6. Rated for operation at frequencies exceeding 43.5 GHz up to 
and including 75 GHz and with an average output power greater than 
31.62 mW (15 dBm) with a ``fractional bandwidth'' greater than 10%;
    d.7. Rated for operation at frequencies exceeding 75 GHz up to 
and including 90 GHz and with an average output power greater than 
10 mW (10 dBm) with a ``fractional bandwidth'' greater than 5%; or
    d.8. Rated for operation at frequencies exceeding 90 GHz and 
with an average output power greater than 0.1 nW (-70 dBm);
* * * * *

0
38. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
5, Part 1, ECCN 5E980 is amended by revising the Heading and the 
Related Controls paragraph of the List of Items Controlled section, to 
read as follows:

5E980 ``Technology'', other than that controlled by 5E001.a (for 
5A001.,f.1 and for 5D001.a (for 5A001.f.1)), primarily useful for 
the ``development'', ``production'', or ``use'' of equipment, 
functions or features, of equipment controlled by 5A980 or 
``software'' controlled by 5D980.
* * * * *

List of Items Controlled

* * * * *
Related Controls: See also 5D001.a and .c (for 5A001.f.1 equipment), 
5D001.b (supporting 5E001.a ``technology'' for 5A001.f.1 equipment, 
or for 5D001.a ``software'' (for 5A001.f.1equipment)), and 5E001.a 
(for 5A001.f.1 equipment, or for 5D001.a ``software'' for 5A001.f.1 
equipment).
* * * * *

0
39. Supplement No. 1 to part 774, Category 5, Part 2 is amended by 
revising Note 3 to read as follows:

CATEGORY 5--TELECOMMUNICATIONS AND ``INFORMATION SECURITY''

Part 2--``INFORMATION SECURITY''

* * * * *
    Note 3: Cryptography Note: ECCNs 5A002 and 5D002 do not control 
items as follows:
    a. Items meeting all of the following:
    1. Generally available to the public by being sold, without 
restriction, from stock at retail selling points by means of any of 
the following:
    a. Over-the-counter transactions;
    b. Mail order transactions;
    c. Electronic transactions; or
    d. Telephone call transactions;
    2. The cryptographic functionality cannot be easily changed by 
the user;
    3. Designed for installation by the user without further 
substantial support by the supplier; and
    4. [RESERVED]
    5. When necessary, details of the items are accessible and will 
be provided, upon request, to the appropriate authority in the 
exporter's country in order to ascertain compliance with conditions 
described in paragraphs 1. through 3. of this Note a.;
    b. Hardware components of existing items described in paragraph 
a. of this Note, that have been designed for these existing items, 
meeting all of the following:
    1. ``Information security'' is not the primary function or set 
of functions of the component;
    2. The component does not change any cryptographic functionality 
of the existing items, or add new cryptographic functionality to the 
existing items;
    3. The feature set of the component is fixed and is not designed 
or modified to customer specification; and
    4. When necessary, as determined by the appropriate authority in 
the exporter's country, details of the component and relevant end-
items are accessible and will be provided to the authority upon 
request, in order to ascertain compliance with conditions described 
above.
    Note to the Cryptography Note:
    1. To meet paragraph a. of Note 3, all of the following must 
apply:
    a. The item is of potential interest to a wide range of 
individuals and businesses; and
    b. The price and information about the main functionality of the 
item are available before purchase without the need to consult the 
vendor or supplier.
    2. In determining eligibility of paragraph a. of Note 3, BIS may 
take into account relevant factors such as quantity, price, required 
technical skill, existing sales channels, typical customers, typical 
use or any exclusionary practices of the supplier.
     N.B. to Note 3 (Cryptography Note): You must submit a 
classification request or encryption registration to BIS for mass 
market encryption commodities and software eligible for the 
Cryptography Note employing a key length greater than 64 bits for 
the symmetric algorithm (or, for commodities and software not 
implementing any symmetric algorithms, employing a key length 
greater than 768 bits for asymmetric algorithms or greater than 128 
bits for elliptic curve algorithms) in accordance with the 
requirements of Sec.  742.15(b) of the EAR in order to be released 
from the ``EI'' and ``NS'' controls of ECCN 5A002 or 5D002.

0
40. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
5, Part 2, ECCN 5A002 is amended by:
0
a. Redesignating paragraphs (1) and (2) as (2) and (3) in the Related 
Controls paragraph in the List of Items Controlled Section, and adding 
a new paragraph (1) to read as set forth below;

[[Page 37391]]

0
b. Revising paragraphs (g) and (i) of the Note to the Items paragraph 
in the List of Items Controlled Section; and
0
c. Revising paragraph .a of the Items paragraph in the List of Items 
Controlled Section to read as follows:

5A002 ``Information security'' systems, equipment and components 
therefor, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) ECCN 5A002.a controls ``components'' providing 
the means or functions necessary for ``information security.'' All 
such ``components'' are presumptively ``specially designed'' and 
controlled by 5A002.a. (2) 5A002 does not control the commodities 
listed in paragraphs (a), (d), (e), (f), (g), (i) and (j) in the 
Note in the items paragraph of this entry. These commodities are 
instead classified under ECCN 5A992, and related software and 
technology are classified under ECCNs 5D992 and 5E992 respectively. 
(3) After encryption registration to or classification by BIS, mass 
market encryption commodities that meet eligibility requirements are 
released from ``EI'' and ``NS'' controls. These commodities are 
classified under ECCN 5A992.c. See Sec.  742.15(b) of the EAR.
* * * * *
Items:

    Note: * * *
    (g) Portable or mobile radiotelephones and similar client 
wireless devices for civil use, that implement only published or 
commercial cryptographic standards (except for anti-piracy 
functions, which may be non-published) and also meet the provisions 
of paragraphs a.2. to a.5. of the Cryptography Note (Note 3 in 
Category 5-Part 2), that have been customized for a specific civil 
industry application with features that do not affect the 
cryptographic functionality of these original non-customized 
devices;
* * * * *
    (i) Wireless ``personal area network'' equipment that implement 
only published or commercial cryptographic standards and where the 
cryptographic capability is limited to a nominal operating range not 
exceeding 30 meters according to the manufacturer's specifications, 
or not exceeding 100 meters according to the manufacturer's 
specifications for equipment that cannot interconnect with more than 
seven devices; or
* * * * *
    a. Systems, equipment, application specific ``electronic 
assemblies'', modules and integrated circuits for ``information 
security'', as follows, and components therefor specially designed 
for ``information security'':
    N.B.: For the control of Global Navigation Satellite Systems 
(GNSS) receiving equipment containing or employing decryption, see 
ECCN 7A005.
    a.1. Designed or modified to use ``cryptography'' employing 
digital techniques performing any cryptographic function other than 
authentication, digital signature, or execution of copy-protected 
``software,'' and having any of the following:

     Technical Notes: 
    1. Functions for authentication, digital signature and the 
execution of copy-protected ``software'' include their associated 
key management function.
    2. Authentication includes all aspects of access control where 
there is no encryption of files or text except as directly related 
to the protection of passwords, Personal Identification Numbers 
(PINs) or similar data to prevent unauthorized access.
    3. ``Cryptography'' does not include ``fixed'' data compression 
or coding techniques.

    Note: 5A002.a.1 includes equipment designed or modified to use 
``cryptography'' employing analog principles when implemented with 
digital techniques.
    a.1.a. A ``symmetric algorithm'' employing a key length in 
excess of 56-bits; or
    a.1.b. An ``asymmetric algorithm'' where the security of the 
algorithm is based on any of the following:
    a.1.b.1. Factorization of integers in excess of 512 bits (e.g., 
RSA);
    a.1.b.2. Computation of discrete logarithms in a multiplicative 
group of a finite field of size greater than 512 bits (e.g., Diffie-
Hellman over Z/pZ); or
    a.1.b.3. Discrete logarithms in a group other than mentioned in 
5A002.a.1.b.2 in excess of 112 bits (e.g., Diffie-Hellman over an 
elliptic curve);
    a.2. Designed or modified to perform cryptanalytic functions;
    Note: 5A002.a.2 includes systems or equipment, designed or 
modified to perform cryptanalysis by means of reverse engineering.
    a.3. [RESERVED]
    a.4. Specially designed or modified to reduce the compromising 
emanations of information-bearing signals beyond what is necessary 
for health, safety or electromagnetic interference standards;
    a.5. Designed or modified to use cryptographic techniques to 
generate the spreading code for ``spread spectrum'' systems, not 
controlled in 5A002.a.6., including the hopping code for ``frequency 
hopping'' systems;
    a.6. Designed or modified to use cryptographic techniques to 
generate channelizing codes, scrambling codes or network 
identification codes, for systems using ultra-wideband modulation 
techniques and having any of the following:
    a.6.a. A bandwidth exceeding 500 MHz; or
    a.6.b. A ``fractional bandwidth'' of 20% or more;
    a.7. Non-cryptographic information and communications technology 
(ICT) security systems and devices that have been evaluated and 
certified by a national authority to exceed class EAL-6 (evaluation 
assurance level) of the Common Criteria (CC) or equivalent;
    a.8. Communications cable systems designed or modified using 
mechanical, electrical or electronic means to detect surreptitious 
intrusion;
    Note: 5A002.a.8 applies only to physical layer security.
    a.9. Designed or modified to use `quantum cryptography.'

    Technical Notes: 
    1. `Quantum cryptography' A family of techniques for the 
establishment of a shared key for ``cryptography'' by measuring the 
quantum-mechanical properties of a physical system (including those 
physical properties explicitly governed by quantum optics, quantum 
field theory, or quantum electrodynamics).
    2. `Quantum cryptography' is also known as Quantum Key 
Distribution (QKD).

* * * * *

0
41. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
5, Part 2, ECCN 5A992 is amended by revising the Items paragraph of the 
List of Items Controlled to read as follows:

5A992 Equipment not controlled by 5A002.
* * * * *

List of Items Controlled

* * * * *
Items:

    a. Telecommunications and other information security equipment 
containing encryption.
    b. ``Information security'' equipment, n.e.s., (e.g., 
cryptographic, cryptanalytic, and cryptologic equipment, n.e.s.) and 
components therefor.
    Note: 5A992 does not control products with cryptographic 
functionality limited to copy protection.
    c. Commodities that BIS has received an encryption registration 
or that have been classified as mass market encryption commodities 
in accordance with Sec.  742.15(b) of the EAR.

0
42. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
5, Part 2, ECCN 5E002 is amended by revising the items paragraph of the 
List of Items Controlled section to read as follows:

5E002 ``Technology'' as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

    a. ``Technology'' according to the General Technology Note for 
the ``development'', ``production'' or ``use'' of equipment 
controlled by 5A002 or 5B002 or ``software'' controlled by 5D002.a 
or 5D002.c.
    b. ``Technology'' to enable an item to achieve or exceed the 
controlled performance levels for functionality specified by 5A002.a 
that would not otherwise be enabled.
    Note: 5E002 includes ``information security'' technical data 
resulting from procedures carried out to evaluate or determine the 
implementation of functions, features or techniques specified in 
Category 5, Part 2.

0
43. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
6, ECCN 6A001 is amended by revising

[[Page 37392]]

paragraphs a.1.a.2 and a.1.a.3 of the Items paragraph in the List of 
Items Controlled section to read as follows:

6A001 Acoustic systems, equipment and components, as follows (see 
List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

    a. * * *
    a.1. * * *
    a.1.a. * * *
    a.1.a.2. Underwater survey equipment designed for seabed 
topographic mapping and having any of the following:
    Technical Note: The acoustic sensor pressure rating determines 
the depth rating of the equipment specified by 6A001.a.1.a.2.
    a.1.a.2.a. Having all of the following:
    a.1.a.2.a.1. Designed or modified to operate at depths exceeding 
300 m; and
    a.1.a.2.a.2. `Sounding rate' greater than 3,800; or
    Technical Note: `Sounding rate' is the product of the maximum 
speed (m/s) at which the sensor can operate and the maximum number 
of soundings per swath assuming 100% coverage.
    a.1.a.2.b. Survey equipment, not specified by 6A001.a.1.a.2.a, 
having all of the following:
    a.1.a.2.b.1. Designed or modified to operate at depths exceeding 
100 m;
    a.1.a.2.b.2. Designed to take measurements at an angle exceeding 
20[deg] from the vertical;
    a.1.a.2.b.3. Having any of the following:
    a.1.a.2.b.3.a. Operating frequency below 350 kHz; or
    a.1.a.2.b.3.b. Designed to measure seabed topography at a range 
exceeding 200 m from the acoustic sensor; and
    a.1.a.2.b.4. `Enhancement' of the depth accuracy through 
compensation of all of the following:
    a.1.a.2.b.4.a. Motion of the acoustic sensor;
    a.1.a.2.b.4.b. In-water propagation from sensor to the seabed 
and back; and
    a.1.a.2.b.4.c. Sound speed at the sensor.
    a.1.a.3. Side Scan Sonar (SSS) or Synthetic Aperture Sonar 
(SAS), designed for seabed imaging and having all of the following:
    a.1.a.3.a. Designed or modified to operate at depths exceeding 
500 m; and
    a.1.a.3.b. An `area coverage rate' of greater than 570 m\2\/s 
while operating at the maximum range that it can operate with an 
`along track resolution' of less than 15 cm; and
    a.1.a.3.c. An `across track resolution' of less than 15 cm;
    Technical Notes:
    1. `Area coverage rate' (m\2\/s) is twice the product of the 
sonar range (m) and the maximum speed (m/s) at which the sensor can 
operate at that range.
    2. `Along track resolution' (cm), for SSS only, is the product 
of azimuth (horizontal) beamwidth (degrees) and sonar range (m) and 
0.873.
    3. `Across track resolution' (cm) is 75 divided by the signal 
bandwidth (kHz).
* * * * *

0
44. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
6, ECCN 6A002 is amended by:
0
a. Remove the period and add a semi-colon in its place at end of 
paragraphs a.3.a.2.b, a.3.b.2.b, a.3.g.3 and c.3 in Items paragraph of 
List of Items Controlled section; and
0
b. Remove ``Signal Processing In The Element (SPRITE);'' and add in its 
place ``Signal processing in the detector elements;'' in paragraph 
a.3.d.2.b in the Items paragraph of the List of Items Controlled 
section.

0
45. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
6, ECCN 6A005 is amended by:
0
a. Revising the License Requirements section and paragraph d. of the 
License Requirements Notes, as set forth below;
0
b. Removing ``520'' and adding in its place ``510'' in paragraphs a.2, 
a.3, b.2, and b.3 in the Items paragraph of the List of Items 
Controlled; and
0
c. Revising paragraph a.6 in the Items paragraph of the List of Items 
Controlled to read as follows:

6A005 ``Lasers'' (other than those described in 0B001.g.5 or .h.6), 
components and optical equipment, as follows (see List of Items 
Controlled).

License Requirements

Reason for Control: NS, NP, AT

 
                Control(s)                          Country Chart
 
NS applies to entire entry................  NS Column 2
NP applies to ``lasers'' controlled by      NP Column 1
 6A005.a.2, a.3, b.2.b, b.3, b.4.b, b.6.b,
 c.1.b, c.2.b, d.3.c, and d.4.c, as
 described in the following License
 Requirements Note..
AT applies to entire entry................  AT Column 1.
 

    License Requirements Note: NP controls apply to the following 
``lasers'' controlled by 6A005:
* * * * *
    (d) Argon ion ``lasers'' controlled by 6A005.a.2 and 6A005.a.3, 
having all of the following characteristics:
    (1) Operating at wavelengths between 400 and 515 nm; and
    (2) An average output power = 50 W;
* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    a. * * *
    a.6. Output wavelength exceeding 975 nm but not exceeding 1,150 
nm and any of the following;
    a.6.a. Single transverse mode output and output power exceeding 
200 W; or
    a.6.b. Multiple transverse mode output and any of the following:
    a.6.b.1. `Wall-plug efficiency' exceeding 18% and output power 
exceeding 500 W; or
    a.6.b.2. Output power exceeding 2 kW;

    Note: 6A005.a.6.b does not control multiple transverse mode, 
industrial ``lasers'' with output power exceeding 2kW and not 
exceeding 6 kW with a total mass greater than 1,200 kg. For the 
purpose of this note, total mass includes all components required to 
operate the ``laser'', e.g., ``laser'', power supply, heat 
exchanger, but excludes external optics for beam conditioning and/or 
delivery.
* * * * *

0
46. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
6, ECCN 6C004 is amended by revising paragraph .b and .c in the Items 
paragraph of the List of Items Controlled section to read as follows:

6C004 Optical materials as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b. Electro-optic materials and non-linear materials, as follows:
    b.1. Potassium titanyl arsenate (KTA) (CAS 59400-80-5);
    b.2. Silver gallium selenide (AgGaSe2, also known as 
AGSE) (CAS 12002-67-4);
    b.3. Thallium arsenic selenide (Tl3AsSe3, 
also known as TAS) (CAS 16142-89-5);
    b.4. Zinc germanium phosphide (ZnGeP2, also known as 
ZGP, zinc germanium biphosphide or zinc germanium diphosphide); or
    b.5. Gallium selenide (GaSe) (CAS 12024-11-2);
    c. Non-linear optical materials, other than those specified by 
6C004.b, having any of the following:
    c.1. Having all of the following:
    c.1.a. Dynamic (also known as nonstationary) third order 
nonlinear susceptibility ([chi]\(3)\, chi 3) of 10-6 
m\2\/V\2\ or more; and
    c.1.b. Response time of less than 1 ms; or
    c.2. Second order nonlinear susceptibility ([chi]\(2)\, chi 2) 
of 3.3x10-11 m/V or more;
* * * * *

0
47. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
6, ECCN 6C005 is amended by revising the Items paragraph in the List of 
Items Controlled section to read as follows:

6C005 Synthetic crystalline ``laser'' host material in unfinished 
form as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
    a. Titanium doped sapphire.

[[Page 37393]]

    b. [RESERVED]

0
48. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
7, ECCN 7A001 is amended by revising paragraph .a.2 of the Items 
paragraph in the List of Items Controlled section to read as follows:

7A001 Accelerometers as follows (see List of Items Controlled) and 
specially designed components therefor.
* * * * *

List of Items Controlled

* * * * *
Items:
    a. * * *
    a.2. Specified to function at linear acceleration levels 
exceeding 15 g but less than or equal to 100 g and having all of the 
following:
    a.2.a. A ``bias'' ``repeatability'' of less (better) than 1,250 
micro g over a period of one year; and
    a.2.b. A ``scale factor'' ``repeatability'' of less (better) 
than 1,250 ppm over a period of one year; or
* * * * *

0
49. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
7, ECCN 7D003 is amended by:
0
a. Revising the STA paragraph in the License Exceptions section;
0
b. Revising the Related Controls paragraph of the List of Items 
Controlled section; and
0
c. Revising paragraph .d in the Items paragraph of the List of Items 
Controlled section, to read as follows:

7D003 Other ``software'' as follows (see List of Items Controlled).
* * * * *

License Exceptions

* * * * *
    STA: License Exception STA may not be used to ship or transmit 
software in 7D003.a, b, or c to any of the eight destinations listed 
in Sec.  740.20(c)(2) of the EAR.

List of Items Controlled

    Unit: * * *
    Related Controls: See also 0D521 No. 2 (``source code'' for the 
``development'' of fly-by-wire control systems), 0E521 No. 6 (for 
``technology'' for the ``development'' of ``software'' controlled by 
0D521 No. 2), 7D103 and 7D994
    Related Definitions: * * *
    Items:
* * * * *
    d. [RESERVED]
    N.B. For flight control ``source code,'' see 7D004.
* * * * *

0
50. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
7, ECCN 7D004 is added after 7D003 to read as follows:

7D004 ``Source code'' incorporating ``development'' ``technology'' 
specified by 7E004.a or 7E004.b, for any of the following: (see List 
of Items Controlled).

License Requirements

    Reason for Control: NS, AT

 
                Control(s)                          Country chart
 
NS applies to entire entry................  NS Column 1
AT applies to entire entry................  AT Column 1
 

License Exceptions

    CIV: N/A
    TSR: N/A
    STA: License Exception STA may not be used to ship or transmit 
``software'' in 7D004.a to .d and .g to any of the eight 
destinations listed in Sec.  740.20(c)(2) of the EAR.

List of Items Controlled

    Unit: $ value
    Related Controls: See also 0D521 No. 2 (``source code'' for the 
``development'' of fly-by-wire control systems), 0E521 No. 6 (for 
``technology'' for the ``development'' of ``software'' controlled by 
0D521 No. 2), 7D103 and 7D994
    Related Definitions: N/A
    Items:
    a. Digital flight management systems for ``total control of 
flight'';
    b. Integrated propulsion and flight control systems;
    c. Fly-by-wire or fly-by-light control systems;
    d. Fault-tolerant or self-reconfiguring ``active flight control 
systems'';
    e. [RESERVED];
    f. Air data systems based on surface static data; or
    g. Three dimensional displays.

    Note: 7D004 does not apply to ``source code'' associated with 
common computer elements and utilities (e.g., input signal 
acquisition, output signal transmission, computer program and data 
loading, built-in test, task scheduling mechanisms) not providing a 
specific flight control system function.

0
51. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
7, ECCN 7E001 is amended by revising the Heading and the Related 
Controls paragraph in the List of Items Controlled section, to read as 
follows:

7E001 ``Technology'' according to the General Technology Note for 
the ``development'' of equipment or ``software'', controlled by 7A 
(except 7A994), 7B (except 7B994), 7D001, 7D002, or 7D003.

List of Items Controlled

    Unit: * * *
    Related Controls: (1.) See also 0D521 No. 2 (``source code'' for 
the ``development'' of fly-by-wire control systems), 0E521 No. 6 
(for ``technology'' for the ``development'' of ``software'' 
controlled by 0D521 No. 2), 7E101 and 7E994. (2.) The ``technology'' 
related to 7A003.b, 7A005, 7A103.b, 7A105, 7A106, 7A115, 7A116, 
7A117, 7B103, software in 7D101 specified in the Related Controls 
paragraph of ECCN 7D101, 7D102.a, or 7D103 are subject to the export 
licensing authority of the U.S. Department of State, Directorate of 
Defense Trade Controls (see 22 CFR part 121).
    Related Definitions: * * *
    Items: * * *

0
52. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
7, ECCN 7E004 is amended by revising the Related Controls paragraph and 
paragraph .b of the Items paragraph in the List of Items Controlled 
section to read as follows:

7E004 Other ``technology'' as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: See also 0D521 No. 2 (``source code'' for the 
``development'' of fly-by-wire control systems), 0E521 No. 6 (for 
``technology'' for the ``development'' of ``software'' controlled by 
0D521 No. 2), 7E104 and 7E994.
    Related Definitions: * * *
    Items:
* * * * *
    b. ``Development'' ``technology'', as follows, for ``active 
flight control systems'' (including fly-by-wire or fly-by-light):
    b.1. Photonic-based ``technology'' for sensing aircraft or 
flight control component state, transferring flight control data, or 
commanding actuator movement, ``required'' for fly-by-light ``active 
flight control systems'';
    b.2. [RESERVED]
    b.3. Real-time algorithms to analyze component sensor 
information to predict and preemptively mitigate impending 
degradation and failures of components within an ``active flight 
control system'';
    Note: 7E004.b.3 does not include algorithms for purpose of off-
line maintenance.
    b.4. Real-time algorithms to identify component failures and 
reconfigure force and moment controls to mitigate ``active flight 
control system'' degradations and failures;
    Note: 7E004.b.4 does not include algorithms for the elimination 
of fault effects through comparison of redundant data sources, or 
off-line pre-planned responses to anticipated failures.
    b.5. Integration of digital flight control, navigation and 
propulsion control data, into a digital flight management system for 
``total control of flight'';
    Note: 7E004.b.5 does not apply to:
    1. ``Development'' ``technology'' for integration of digital 
flight control, navigation and propulsion control data, into a 
digital flight management system for ``flight path optimization'';
    2. ``Development'' ``technology'' for ``aircraft'' flight 
instrument systems integrated solely for VOR, DME, ILS or MLS 
navigation or approaches.
    b.6. Full authority digital flight control or multisensor 
mission management systems, employing ``expert systems'';
    N.B.: For ``technology'' for ``Full Authority Digital Engine 
Control Systems'' (``FADEC Systems''), see ECCN 9E003.h.

[[Page 37394]]

    Note: 7E004.b does not apply to ``technology'' associated with 
common computer elements and utilities, e.g., input signal 
acquisition, output signal transmission, computer program and data 
loading, built-in test, task scheduling mechanisms) not providing a 
specific flight control system function.
* * * * *

0
53. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
9, ECCN 9A001 is amended by removing the phrase ``Participating State'' 
and adding in its place ``Wassenaar Arrangement Participating State'' 
in the introductory text of paragraph .b in Note 9A001.a of the Items 
paragraph in the List of Items Controlled section.

0
54. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
9, ECCN 9A018 is amended by revising paragraph .b of the Items 
paragraph in the List of Items Controlled section, to read as follows:

9A018 Equipment on the Wassenaar Arrangement Munitions List.
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b. Ground vehicles (including trailers) and ``components,'' as 
follows:
    b.1. Ground transport vehicles (including trailers) and 
``parts'' and ``components'' therefor designed or modified for non-
combat military use;
    b.2. Other ground vehicles having all of the following:
    b.2.a. Manufactured or fitted with ``materials'' or 
``components'' to provide ballistic protection to level III 
(National Institute of Justice standard 0108.01, September 1985) or 
better; (See Sec.  770.2(h)--Interpretation 8).
    b.2.b. A transmission to provide drive to both front and rear 
wheels simultaneously, including those vehicles having additional 
wheels for load bearing purposes whether driven or not;
    b.2.c. Gross Vehicle Weight Rating (GVWR) greater than 4,500 kg; 
and
    b.2.d. Designed or modified for off-road use;
    b.3. ``Components'' having all of the following:
    b.3.a. ``Specially designed'' for vehicles specified in 
9A018.b.2; and
    b.3.b. Providing ballistic protection to level III (NIJ 0108.01, 
September 1985, or comparable national standard) or better.
    Note: 9A018 does not apply to civil vehicles designed or 
modified for transporting money or valuables.
* * * * *

0
55. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
9, ECCN 9E003 is amended by:
0
a. Revising paragraph a.5 of the Items paragraph in the List of Items 
Controlled section, as set forth below; and
0
b. Removing the period at the end of paragraph h.3 and adding in its 
place a semi-colon.

9E003 Other ``technology'' as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
    a. * * *
    a.5. Cooled turbine blades, vanes or ``tip-shrouds'', other than 
those described in 9E003.a.1, designed to operate at a `gas path 
temperature' of 1,693 K (1,420[deg]C) or more;
    Technical Notes:
    1. `Gas path temperature' is the bulk average gas path total 
(stagnation) temperature at the leading edge plane of the turbine 
component when the engine is running in a `steady state mode' of 
operation at the certificated or specified maximum continuous 
operating temperature.
    2. The term `steady state mode' defines engine operation 
conditions, where the engine parameters, such as thrust/power, rpm 
and others, have no appreciable fluctuations, when the ambient air 
temperature and pressure at the engine inlet are constant.
* * * * *
0
56. Supplement No. 1 to Part 774 (the Commerce Control List), 
Supplement No. 2 ``General Technology and Software Notes'' is amended 
by revising Note 2 ``General Software Note'' to read as follows:

SUPPLEMENT NO. 2 TO PART 774--GENERAL TECHNOLOGY AND SOFTWARE

Notes

* * * * *
    2. General Software Note. License Exception TSU (mass market 
software) (see Sec.  740.13 of the EAR) is available to all 
destinations, except countries in Country Group E:1 of Supplement 
No. 1 to part 740 of the EAR, for release of ``software'' which is 
any of the following:
    1. Generally available to the public by being:
    a. Sold from stock at retail selling points, without 
restriction, by means of:
    1. Over the counter transactions;
    2. Mail order transactions;
    3. Electronic transactions; or
    4. Telephone call transactions; and
    b. Designed for installation by the user without further 
substantial support by the supplier.
    2. [RESERVED] See Sec.  734.3(b)(3) for ``publicly available 
technology and software.''
    3. The minimum necessary ``object code'' for the installation, 
operation, maintenance (checking) or repair of those items whose 
export has been authorized.
    Note: Minimum necessary ``object code'' does not enhance or 
improve the performance of an item or provide new features or 
functionality.
    Note: The General Software Note does not apply to ``software'' 
controlled by Category 5, part 2 ``Information Security''). For 
``software'' controlled by Category 5, part 2, see Supplement No. 1 
to part 774, Category 5, part 2, Note 3--Cryptography Note.

0
57. Supplement No. 5 to Part 774 is amended by revising 0D521 and 0E521 
sections of the table to read as follows:

Supplement No. 5 to Part 774--Items Classified Under ECCNS 0A521, 
0B521, 0C521, 0D521 and 0E521

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                Date when the item will
     Item descriptor.  Note: The          Date of initial or     be  designated EAR99,
   description must match by model          subsequent BIS       unless reclassified in   Item-specific license
 number or a broader descriptor that    classification. (ID =     another ECCN or the     exception  eligibility
   does not  necessarily need to be      initial date;  SD =     0Y521  classification
           company specific                subsequent date)           is reissued
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                                 0D521. Software
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
No. 2................................  June 20, 2013 (ID)       June 20, 2014..........  License Exception GOV
``Source code'' for the                                                                   under Sec.
 ``development'' of fly-by-wire                                                           740.11(b)(2)(ii) only.
 control systems.
----------------------------------------------------------------------------------------------------------------

[[Page 37395]]

 
                                                0E521. Technology
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
No. 2 [RESERVED].....................  [RESERVED].............  [RESERVED].............  [RESERVED].
No. 3 [RESERVED].....................  [RESERVED].............  [RESERVED].............  [RESERVED].
No. 4 [RESERVED].....................  [RESERVED].............  [RESERVED].............  [RESERVED].
No. 5 [RESERVED].....................  [RESERVED].............  [RESERVED].............  [RESERVED].
No. 6................................  June 20, 2013 (ID)       June 20, 2014..........  License Exception GOV
``Technology'' for fly-by-wire                                                            under Sec.
 control systems, as follows:.                                                            740.11(b)(2)(ii) only.
    a. ``Technology'' according to
     the General Technology Note for
     the ``development'' of
     ``software'' controlled by
     0D521; or
    b. ``Development'' ``technology''
     for ``active flight control
     systems'' for control law
     compensation for sensor location
     or dynamic airframe loads, i.e.,
     compensation for sensor
     vibration environment or for
     variation of sensor location
     from the center of gravity.
----------------------------------------------------------------------------------------------------------------

    Dated: June 12, 2013.
Kevin J. Wolf,
Assistant Secretary of Commerce for Export Administration.
[FR Doc. 2013-14644 Filed 6-19-13; 8:45 am]
BILLING CODE 3510-33-P
```