```

[Federal Register Volume 78, Number 193 (Friday, October 4, 2013)]
[Rules and Regulations]
[Pages 61873-61935]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23496]

[[Page 61873]]

Vol. 78

Friday,

No. 193

October 4, 2013

Part II

Department of Commerce

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Bureau of Industry and Security

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15 CFR Parts 734, 738, 740, et al.

 Revisions to the Export Administration Regulations (EAR) To Make the 
Commerce Control List (CCL) Clearer; Final Rule

Federal Register / Vol. 78 , No. 193 / Friday, October 4, 2013 / 
Rules and Regulations

[[Page 61874]]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 734, 738, 740, 742, 748, 750, 772, and 774

[Docket No. 110818512-3478-02]
RIN 0694-AF37

Revisions to the Export Administration Regulations (EAR) To Make 
the Commerce Control List (CCL) Clearer

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This final rule implements changes that were proposed on 
November 29, 2012 in a proposed rule entitled Revisions to the Export 
Administration Regulations (EAR) To Make the Commerce Control List 
(CCL) Clearer. The changes in the November 29 proposed rule were 
informed by public comments received in response to an advance notice 
of proposed rulemaking entitled Commerce Control List: Revising 
Descriptions of Items and Foreign Availability published as part of the 
President's Export Control Reform (ECR) Initiative on December 9, 2010. 
This final rule implements changes that can be made to the CCL without 
requiring changes to multilateral export control regime guidelines or 
lists.
    This final rule also makes conforming changes and minor 
clarifications as a result of the publication of two final rules 
implementing the Export Control Reform Initiative: the April 16, 2013 
final rule entitled Revisions to the Export Administration Regulations: 
Initial Implementation of Export Control Reform; and the July 8, 2013 
final rule entitled Revisions to the Export Administration Regulations: 
Military Vehicles; Vessels of War; Submersible Vessels, Oceanographic 
Equipment; Related Items; and Auxiliary and Miscellaneous Items that 
the President Determines No Longer Warrant Control under the United 
States Munitions List.
    Lastly, this final rule is making revisions to the EAR as a result 
of public comments received in response to the November 29 proposed 
rule and to a notice of inquiry (NOI) entitled Request for Public 
Comments on Shipping Tolerances for Export Licenses Issued by the 
Bureau of Industry and Security (BIS), that BIS published on July 5, 
2012.

DATES: Effective Date: This rule is effective on October 15, 2013, 
except that amendatory instructions 25, 28, 31 and 35.c to Supplement 
No. 1 to part 774 are effective January 6, 2014.

FOR FURTHER INFORMATION CONTACT: Timothy Mooney or Robert Monjay, 
Regulatory Policy Division, Bureau of Industry and Security, Department 
of Commerce, Phone: (202) 482-2440, Fax: (202) 482-3355, Email: 
rpd2@bis.doc.gov.

SUPPLEMENTARY INFORMATION:

Background

    This final rule implements changes proposed on November 29, 2012 in 
a proposed rule entitled Revisions to the Export Administration 
Regulations (EAR) To Make the Commerce Control List (CCL) Clearer. The 
changes in the November 29 proposed rule were also informed by public 
comments received in response to an advance notice of proposed 
rulemaking entitled Commerce Control List: Revising Descriptions of 
Items and Foreign Availability as part of the President's Export 
Control Reform (ECR) Initiative that was published by BIS on December 
9, 2010 (75 FR 76664). The December 9 notice sought, among other 
things, public comments on how descriptions of items controlled on the 
Commerce Control List (CCL) could be made clearer.
    Although the revisions proposed in the November 29 proposed rule 
originated with the ECR initiative, the November 29 proposed rule and 
this final rule are consistent with Executive Order 13563. Executive 
Order 13563 requires agencies to review their ``existing significant 
regulations, and consider how best to promote retrospective analysis of 
rules that may be outmoded, ineffective, insufficient, or excessively 
burdensome, and to modify, streamline, expand, or repeal them in 
accordance with what has been learned.'' In response to this 
requirement, on August 23, 2011, Commerce released a plan for the 
review of its regulations. This proposed rule was identified by the 
Department as part of its plan for the retrospective analysis of 
regulations and is being implemented today in final form with the 
publication of this final rule. The Department's plan may be found at: 
http://open.commerce.gov/news/2011/08/23/commerce-plan-retrospective-analysis-existing-rules.
    This rule implements changes that can be made to the CCL without 
requiring a multilateral regime change. For certain changes BIS 
identified that would make the CCL clearer, but would require a 
multilateral export control regime change to implement, the U.S. 
Government is developing regime change proposals for consideration by 
the relevant multilateral export control regimes. BIS will implement 
those changes, if approved by the multilateral export control regimes, 
in separate rulemakings.
    To better facilitate intelligibility of the provisions implemented 
by BIS, this final rule identifies new phrases or headings within 
double quotations. The EAR identifies terms defined in part 772 with 
double quotations as well. Not all the terms in double quotations in 
this final rule are defined in part 772. The additional double 
quotations around new phrases, headings, or commonly used words, are 
used in the Background section of this final rule to assist in the 
readability of the text.
    The descriptions of the changes implemented in this final rule are 
organized under the four subject headings used in the November 29 
proposed rule and two additional subject headings. The descriptions 
include summaries of the public comments received and BIS's responses 
to those comments. The fifth subject heading describes changes that are 
being implemented as a result of comments received in response to a 
notice of inquiry (NOI) that BIS published on July 5, 2012 (77 FR 
39679), entitled Request for Public Comments on Shipping Tolerances for 
Export Licenses Issued by the Bureau of Industry and Security (BIS). 
The sixth subject heading describes clarifications to the final rule 
published on April 16, 2013 (78 FR 22660) entitled Revisions to the 
Export Administration Regulations: Initial Implementation of Export 
Control Reform (the April 16 (initial implementation) rule). The public 
comments BIS received in response to the notice of inquiry prompted BIS 
to include these changes in this final rule because they are not only 
responsive to the public comments, but they will also make the CCL 
clearer and easier to use.
    The six headings are:
    (1) Clarifications to existing CCL controls, including the use of 
the terms ``parts'' and ``components'' on the CCL;
    (2) Changes to conform the CCL to the multilateral export control 
regime control lists and previous amendments to the EAR;
    (3) Structural changes to improve the clarity of the CCL;
    (4) Removal of fourteen Export Control Classification Numbers 
(ECCNs) subject to the exclusive jurisdiction of the Nuclear Regulatory 
Commission (NRC);
    (5) Revisions to Shipping Tolerances and removal of all ``Unit'' 
paragraphs; and
    (6) Clarifications to the April 16 (initial implementation) rule.

[[Page 61875]]

    The public comment period for the November 29 proposed rule closed 
on January 28, 2013. BIS received 10 public comments in response. When 
referring to specific comments, BIS identifies those as Commenters No. 
1 through No. 10. The comments, including the table for the Record of 
Public Comments, can be found on the BIS Web site at http://efoia.bis.doc.gov/index.php/electronic-foia/index-of-documents.
    Most commenters thought the cumulative impact of the November 29 
proposed rule would be beneficial for exporters and would improve the 
clarity of the CCL. BIS did not accept some of the comments and 
addressed others in ways different than the recommendation. Commenter 
No. 7, for example, commended and fully supported the effort by BIS to 
modify the CCL in order to make all sections consistent and the CCL 
easier to read and interpret. Commenter No. 7 agreed with BIS that the 
cumulative impact of the proposed changes should improve clarity, and 
hence understanding, of the CCL. Commenter No. 7 expressed support for 
the rule, and noted that the increased ease of use of the CCL would 
especially benefit exporters of items that may transfer to the CCL as a 
result of Export Control Reform. Commenter No. 9 noted that the CCL 
contains a number of ambiguities and inconsistencies that require 
attention. Commenter No. 9 endorsed the recommendations specified in 
the November 29 proposed rule, asserting that the modifications, if 
implemented, will improve the overall clarity of the CCL. Commenter No. 
3, however, was critical of BIS's proposal to remove fourteen NRC 
ECCNs. Commenter No. 8 objected to the proposed ``parts'' and 
``components'' changes and questioned whether the changes in the 
November 29 rule were too extensive for industry to be able to review 
in a single proposed rule.
    Some comments identified specific changes that needed to be made to 
achieve the objectives of certain proposed changes. Others identified 
formatting errors or typos in the November 29 rule. Some commenters 
also suggested additional changes that were not specifically proposed 
in the November 29 rule, either by specifically identifying additional 
changes or highlighting where additional review should be conducted 
under the CCL clean-up effort. BIS has incorporated some of these 
changes, for example the formatting errors and typos, although other 
changes may need to be addressed in subsequent reviews of the CCL. An 
effective control list is not static; therefore, although this final 
rule implements a large number of changes to improve the CCL, no single 
rule, including this final rule, can eliminate the need for review of 
the CCL to ensure that it is clear and the scope reflects the current 
national security and foreign policy interests of the United States.
    Some comments addressed issues outside the scope of the November 29 
proposed rule. BIS did not address these comments in this final rule, 
but it provides a brief overview of the issues raised by the commenters 
for transparency. Commenter No. 5 submitted comments that were 
submitted previously on July 23, 2012 in response to a BIS proposed 
rule dealing with personal protective equipment and the proposed ``600 
series'' ECCN 1A613. This comment is not addressed in this final rule 
because it is outside the scope of the November 29 rule, but this 
comment is being evaluated along with other comments received in 
response to the June 7, 2012 proposed rule as BIS prepares the final 
rule for publication. Another comment received that was outside the 
scope of the November 29 proposed rule dealt with the proposed 
definition of ``components'' that was set forth in the proposed rule 
published on July 15, 2011 (76 FR 41958). BIS completed its review, 
responded to comments received on the definition of ``components,'' and 
published a definition of ``components'' in the April 16 (initial 
implementation) rule. Lastly, one commenter made a number of 
suggestions regarding the meaning and use of the term ``specially 
designed'' and regarding other design related terms on the CCL. These 
comments are outside the scope of the November 29 proposed rule. BIS 
proposed a definition of ``specially designed'' in a proposed rule 
published on June 19, 2012, and also an advance notice of proposed 
rulemaking published on the same day that requested comments on the 
feasibility of enumerating ``specially designed'' components on the 
CCL. BIS reviewed and responded to comments received on the definition 
of ``specially designed'' submitted in response to the June 19 proposed 
rule. A final definition of ``specially designed'' was published in the 
April 16 (initial implementation) rule. BIS is still evaluating where 
it may be feasible to remove the term ``specially designed'' from non-
``600 series'' ECCNs on the CCL.

(1) Clarifications to Existing CCL Controls, Including the Use of the 
Terms ``parts'' and ``components'' on the CCL

    The majority of changes proposed in the November 29 rule and being 
implemented in this final rule amend the CCL without changing the scope 
of the controls. The bulk of the changes this final rule is making to 
the CCL are non-substantive and will provide additional regulatory 
guidance to people classifying items subject to the EAR. One proposed 
change from the November 29 rule that is being implemented in this 
final rule will clarify the scope of ECCNs by providing clearer 
definitions of the terms ``part'' and ``component,'' which is discussed 
below. However, this final rule does include changes that would affect 
the scope of one ECCN. Specifically, this final rule removes ECCN 8A918 
and adds certain marine boilers to ECCN 8A992, where they would be 
controlled for AT and UN reasons.
    BIS proposed in the November 29 proposed rule changes to align the 
regulations with the definitions of ``part'' and ``component'' included 
in a proposed rule published on July 15, 2011 (76 FR 41958) entitled 
``Proposed Revisions to the Export Administration Regulations (EAR): 
Control of Items the President Determines No Longer Warrant Control 
Under the United States Munitions List (USML)'' (hereinafter ``the July 
15 (framework) rule''), which were made final in the April 16 (initial 
implementation) rule. The changes that are implemented in this final 
rule include adding additional references to ``part'' (although scaled 
back considerably compared to what was proposed in the November 29 
proposed rule), and ``component'' in certain ECCNs to clarify that the 
scope of those ECCNs also extends to ``parts'' and ``components'' even 
if previously those ECCNs may have only referenced either ``part'' or 
``component,'' but not both terms together. The proposed definitions of 
``part'' and ``component'' were provided in the November 29 proposed 
rule as a reference, along with a discussion of the context for the 
need to make certain conforming changes. The November 29 proposed rule 
indicated that the conforming changes would not be published in final 
form until the revised definitions of ``part'' and ``component'' were 
published in final form, which occurred, as noted above in this 
paragraph, in the April 16 (initial implementation) rule that is 
effective on October 15, 2013. Because of the relationship between this 
final rule and the initial implementation rule, this final rule's 
effective date is coordinated to become effective on the same day as 
the initial implementation rule.
    As was noted in the November 29 proposed rule, BIS is not 
attempting to add additional references to ``parts'' and ``components'' 
in this final rule that would change the scope of what the

[[Page 61876]]

affected ECCNs control. In the past, BIS had not drawn clear 
distinctions between what was a ``part'' or ``component'' because both 
terms were undefined on the CCL. Having newly defined terms for 
``part'' and ``component'' makes the CCL clearer and allows for more 
nuanced controls to be developed, but making the necessary conforming 
changes to the current CCL control text to conform to those new 
definitions, while not changing the intended scope of those existing 
ECCNs is also an important part to the Export Control Reform effort. 
BIS encouraged the public to participate in this process by reviewing 
the proposed changes in this area included in the November 29 rule.
    In the November 29 rule, BIS indicated that if, however, the public 
believes any of the proposed changes would change the present scope of 
the affected ECCNs, then the public should submit comments that 
identify such changes and explain how the changes would cause the ECCNs 
to deviate from their present scope. One commenter did submit comments 
that were highly critical of these changes and questioned BIS's 
assumptions, in particular whether such conforming changes would not 
change the scope of these ECCNs. BIS addresses this comment below in 
detail, including discussing the additional review conducted by BIS and 
the other agencies that reviewed this rule that led to a significant 
reduction in the number of ECCNs where ``parts'' are being added in 
this final rule. In addition, in the November 29 proposed rule, the 
public was encouraged to review the entire CCL to identify and comment 
on any other ECCN that uses the terms ``parts'' or ``components'' where 
additional changes may be warranted to conform to the intended scope of 
those ECCNs. Certain commenters conducted such analysis and made 
suggestions for additional changes that are addressed or implemented in 
this final rule. These public comments and additional reviews conducted 
by BIS and the other agencies helped to improve this final rule.
    The following describes the changes included in this final rule, 
the comments received that pertained to changes proposed in the 
November 29 rule, and any additional changes that are being implemented 
in this final rule as a result of BIS's review of the comments and 
additional analysis conducted of the CCL.
    The clarifying changes being implemented in this final rule are as 
follows:
(A) Revisions to ECCN Headings To Clarify Meaning
    Revision to the headings of thirty-one ECCNs. In Supplement No. 1 
to part 774--The Commerce Control List, this final rule revises, to 
enhance clarity, the headings of the following thirty-one ECCNs: 0A018, 
1A995, 1B018 1B115, 1C350, 1C355, 1C992, 2A291, 2A991, 2B005, 2B201, 
2B109, 2B991, 2B992, 3B991, 3B992, 4A994, 5A991, 5A992, 5D992, 5E992, 
6A997, 6A998, 6B995, 6D993, 7A103, 7A107, 8A992, 9A004, 9A106 and 
9B991. This final rule also clarifies the relationship between the 
headings and the ``items'' paragraph in the List of Items Controlled 
section of these thirty-one ECCNs. For example, in certain ECCNs, the 
entries include an ``items'' paragraph, but the ECCN heading does not 
direct people to review the ``items'' paragraph. This rule will add the 
phrase ``(see List of Items Controlled)'' to these ECCN headings. For 
other ECCNs listed above, the heading includes the phrase ``(see List 
of Items Controlled),'' but the placement of the phrase is not correct 
in terms of what BIS intended to control in the ECCN. If the phrase 
appears at the end of the heading, then that means the ``items'' 
paragraph in the List of Items Controlled section is the exclusive, 
complete list of the items the ECCN controls. If, however, the phrase 
appears in the middle of the heading, then that means only that portion 
of the heading prior to the phrase ``(see List of Items Controlled)'' 
is specifically identified in the ``items'' paragraph in the List of 
Items Controlled section, and that the remaining part of the heading 
(i.e., the rest of the heading after the phrase ``(see List of Items 
Controlled)'') is an exclusive, complete description.
    The placement of the phrase ``(see List of Items Controlled)'' is 
important for ``parts'' and ``components'' referred to in ECCN 
headings. If ``parts'' and ``components'' references appear before the 
phrase, the entry only controls ``parts'' and ``components'' 
specifically identified in the ``items'' paragraph in the List of Items 
Controlled section. If, however, the phrase is in the middle of the 
heading and the reference to ``parts'' and ``components'' appears after 
the phrase--such as ``and specially designed ``parts'' and 
``components'' therefor''--that means the ECCN would control 
``specially designed'' ``parts'' and ``components'' for any item 
identified in the ``items'' paragraph in the List of Items Controlled 
section. This rule does not address the definition of ``specially 
designed,'' which was published in the April 16 (initial 
implementation) rule, but rather the relationship between these 
headings and the ``items'' paragraph in each of these respective ECCNs.
    Revisions to fourteen ECCNs. In addition, this rule adds the phrase 
``as follows'' to the headings of the following fourteen ECCNs: 0A981, 
2B201, 5D991, 5D992, 5E992, 6A992, 6A994, 6A995, 6A997, 6A998, 6B995, 
6C994, 6D993 and 9B991, to ensure consistency with the structure of 
other ECCNs on the CCL. The phrase ``as follows'' is used on some of 
the multilateral export control regime control lists, which is why the 
phrase appears on the CCL, including in some ECCNs that reflect 
controls applied unilaterally by the United States based on domestic 
foreign policy to conform to the structure of the regime-based ECCNs. 
The multilateral export control regimes do not use the phrase ``(see 
List of Items Controlled),'' but this phrase is used in many of the 
multilateral-based ECCNs on the CCL. BIS seeks greater consistency in 
how CCL headings are constructed, in particular how these two phrases 
are used in the ECCN headings. Commenter No. 8 to the November 29 
proposed rule recommended, where the two phrases appear together at the 
end of the heading, that the use of ``as follows'' serves no purposes 
and therefore should be removed. Although BIS agrees there is 
redundancy in such cases, BIS desires to maintain consistency with the 
Wassenaar Arrangement, which uses the term ``as follows'' while at the 
same time using the CCL convention of directing the public to the 
``items'' paragraph when needed. Thus, BIS is not accepting the 
recommendation in this comment, but will continue to consider whether 
additional changes should be made, including whether multilateral 
regime change proposals or discussions in this area may be warranted.
    ECCN 1C011. This final rule is removing the cross reference from 
the heading of 1C011 to 1C111 because this text is no longer needed as 
a result of the addition of Supplement No. 4 to Part 774--Commerce 
Control List Order of Review in the initial implementation rule. Under 
Step 5 of the new CCL Order of Review, if an item is not classified by 
a ``600 series'' ECCN, then starting from the beginning of the product 
group you should analyze each ECCN to determine whether any other ECCN 
in that product group describes the item. This new CCL Order of Review 
makes the relationship clear between these two ECCNs, so there is no 
need to qualify the heading of 1C011 with the phrase ``other than those 
specified in 1C111.'' Therefore, this final rule

[[Page 61877]]

removes those phrases from the heading of 1C011.
    ECCN 1D993. This rule revises the heading of 1D993 to remove the 
term ``equipment'' to be consistent with the definition of 
``equipment'' added to the EAR in the April 16 (initial implementation) 
rule. This ECCN currently refers to equipment or materials, but the 
only ECCNs cross referenced in the heading are for controls on 
materials, so the term equipment is not needed in 1D993. BIS did not 
receive any comments on this change, so BIS is implementing this 
change, as proposed, in this final rule.
    ECCNs 0D001, 3D980, 3E980, 4D980 and 4E980. This rule revises the 
headings of ECCNs 0D001, 3D980, 3E980, 4D980 and 4E980, by removing the 
term ``items'' and adding the term ``commodities'' in its place. BIS 
makes this change because in the context of these five ECCN headings, 
the term ``commodities'' is more accurate and specific regarding the 
scope of these entries. BIS did not receive any comments on this 
change, so BIS is implementing this change, as proposed, in this final 
rule.
    ECCN 2B998. The heading of 2B998 uses the undefined term ``units.'' 
To add greater specificity regarding what the term ``unit'' is intended 
to cover in this ECCN, this rule modifies the heading by removing the 
term ``units'' and adding the term ``circuit boards.'' This change will 
clarify that ``circuit boards'' are the items covered under the heading 
of 2B998. BIS did not receive any comments on this change, so BIS is 
implementing this change, as proposed, in this final rule.
    ECCNs 3A980 and 3A981. This rule adds the term ``therefor'' 
immediately before the term ``n.e.s.'' to the headings of ECCNs 3A980 
and 3A981. This rule makes this change to emphasize that these ECCNs 
refer only to components of the subject voice print equipment and 
polygraph equipment. BIS did not receive any comments on this change, 
so BIS is implementing this change, as proposed, in this final rule.
    ECCN 9A004. Commenter No. 7 suggested the term ``specifically 
designed'' should be replaced with ``specially designed'' on the CCL 
wherever it occurs. The November 29 proposed rule did not propose this 
change to ECCN 9A004. Commenter No. 7 noted that ECCN 9A004 still uses 
specifically designed ``parts'' and ``components'' as opposed to 
``specially designed.'' For consistency this commenter suggested 
``specially designed'' should be used all the time on the CCL. As part 
of the Export Control Reform Initiative, BIS will review the use of 
``specifically designed'' on the CCL as it corresponds to the USML 
categories, and how those categories are revised during the USML-to-CCL 
regulatory process.
(B) Clarification of the Use of the Terms ``parts'' and ``components'' 
on the CCL
    The July 15 (framework) rule included proposed definitions for the 
terms ``part'' and ``component.'' The April 16 (initial implementation) 
rule included a final definition for the terms ``part'' and 
``component.'' Specifically, the initial implementation rule, and the 
July 15 (framework) proposed rule, defined ``parts'' as ``any single 
unassembled element of a component, accessory, or attachment which is 
not normally subject to disassembly without the destruction or the 
impairment of design use. Examples include threaded fasteners (e.g., 
screws, bolts, nuts, nut plates, studs, inserts), other fasteners 
(e.g., clips, rivets, pins), common hardware (e.g., washers, spacers, 
insulators, grommets, bushings), springs and wire.''
    The April 16 (initial implementation) rule, and the July 15 
(framework) rule, defined ``components'' as an item that is useful only 
when used in conjunction with an ``end item.'' Note that components are 
also commonly referred to as assemblies. For purposes of this new 
definition that was added to the EAR on April 16, 2013, in the initial 
implementation final rule that becomes effective on October 15, 2013, 
an assembly and a component are the same. Additionally, there are now 
two types of ``components'': ``Major components'' and ``minor 
components.'' A ``major component'' includes any assembled element 
which forms a portion of an ``end item'' without which the end item is 
inoperable. For example, for an automobile, components include the 
engine, transmission, and battery. If you do not have all those items, 
the automobile will not function, or function as effectively. A ``minor 
component'' includes any assembled element of a ``major component.'' 
Note also that ``components'' consist of ``parts.'' ' References in the 
CCL to ``components'' include both ``major components'' and ``minor 
components.''
    Another example for applying the definition of ``component'' in the 
automobile context would be a fuel pump and the engine. Under this 
additional example, the fuel pump is a minor component of an 
automobile, as it is an assembled element of a ``major component,'' the 
engine. While the car will not function without the fuel pump, it is 
not a ``major component'' because it is integrated into a ``major 
component,'' the engine.
    The July 15 (framework) rule indicated BIS would review the use of 
these two terms on the CCL and would likely make clarifications to CCL 
entries to conform to the proposed definitions included in the July 15 
(framework) rule under a separate rule. The November 29 proposed rule 
addressed the use of the terms ``parts'' and ``components'' on the CCL 
to ensure these terms were being used in a manner consistent with the 
final definitions included in the April 16 (initial implementation) 
rule. BIS received a variety of different comments on these proposed 
changes that are addressed here.
    The terms ``parts'' and ``components'' sometimes have been used 
interchangeably in various ECCNs, which may have been the source of 
some confusion. The final definitions included in the initial 
implementation rule were developed to provide clear, distinct 
definitions for both these terms and other terms such as ``end item,'' 
``system,'' ``accessories,'' and ``attachments,'' to align with the 
definitions of these terms in the International Traffic in Arms 
Regulations (ITAR). See 22 CFR Sec.  121.8. Such distinctions are 
significant for purposes of determining whether an ECCN applies to an 
item.
    If an ECCN does not include a control on ``parts'' or 
``components,'' then that ECCN would not, by definition, apply to the 
export of any particular ``parts'' or ``components.'' However, as 
mentioned above, the terms ``parts'' and components'' have sometimes 
been used interchangeably. Therefore, to ensure that once the 
definition of ``part'' and ``component'' are added to the EAR the scope 
of existing controls is not narrowed, the November 29 rule proposed 
adding additional references to ``parts'' or ``components,'' in 
particular for ECCNs that are based on the multilateral export control 
regime control lists. The November 29 rule took a cautious approach, 
possibly erring on the side of potential over control versus under 
control when making these conforming changes for ``parts'' and 
``components,'' in particular for the addition of ``parts'' to entries 
that only identified components.
    Under the current EAR, many of the ECCNs based on the multilateral 
control lists reference ``components,'' but not ``parts.'' For these 
entries where parts were not referenced, the U.S. Government had to 
take into account in drafting the November 29 rule how the U.S. 
Government has interpreted these ECCNs as well as how the other 
multilateral regime members have

[[Page 61878]]

interpreted these ECCNs to determine whether the intent of the U.S. 
Government and the other regime members was for these entries to 
include ``parts.'' In certain contexts BIS has determined the intent of 
the U.S. Government and the respective multilateral regimes is to also 
control ``parts.'' However, in other contexts after further review, BIS 
has determined the addition of ``parts'' is not needed, and therefore 
this final rule does not add references to ``parts.'' The Departments 
of State and Defense, along with other agencies that reviewed this 
final rule, assisted BIS in making these determinations. These 
determinations were focused on making sure that the conforming changes 
for ``parts'' and ``components'' being implemented in this final rule 
are consistent with past practice and would not result in a change in 
existing controls.
    As noted in the November 29 rule, over the mid- to long-term, BIS 
will work with the other U.S. Government agencies involved in the 
multilateral regimes, in particular the Department of State as the lead 
representative to the multilateral export control regimes, to raise in 
the respective multilateral export control regimes whether certain 
ECCNs should be limited to ``components'' or ``parts'' or some other 
subset of ``components,'' such as major components or minor components.
    Based on the public comments received, there appears to be some 
degree of disparate interpretation regarding whether some of these 
ECCNs are intended to also include ``parts.'' For example, Commenter 
No. 8 believes that in the vast majority of contexts, these ECCNs are 
not intended to reach ``parts.'' However, Commenters No. 6 and 7 
supported the conforming changes, including those involving the 
addition of ``parts.'' Because BIS in the past had not defined or 
clearly distinguished between these two terms, it is not surprising to 
BIS that certain commenters would arrive at differing determinations 
regarding whether current ECCNs that do not include ``parts'' are 
intended to also include ``parts.''
    Many unilateral ECCNs on the CCL refer to ``parts'' but not 
``components.'' For unilateral ECCNs, BIS has more discretion in 
whether these ECCNs should control ``parts'' and ``components.'' 
However, for consistency with the approach implemented for the 
multilateral-based ECCNs in this final rule, and to ensure the scope of 
the unilateral ECCNs is not changed, this final rule is adding 
references to ``parts'' and ``components'' as needed in the unilateral 
ECCNs to reflect how BIS has interpreted the scope of these ECCNs in 
the past. These changes proposed in the November 29 rule were not 
opposed by any of the public comments received.
    Consistent with the April 16, 2013 final definitions of ``part'' 
and ``component'' included in the initial implementation rule, BIS is 
implementing a number of changes to the CCL to incorporate the terms 
``parts'' and ``components'' in specific ECCNs. However, as noted 
above, BIS has significantly scaled back the number of ``parts'' 
additions included in the final rule. The primary purpose of these ECCN 
changes is to conform to those definitions and to ensure that no 
substantive changes are made to the current U.S. Government 
interpretation of these ECCNs.
Public Comments Received for Clarifying the Use of the Terms ``parts'' 
and ``components'' on the CCL
    The following discusses the comments received regarding the 
clarification of the use of the terms ``parts'' and ``components'' on 
the CCL.
    Two commenters supported the ``parts'' and ``components'' changes. 
Commenter No. 6 noted that the definition of ``part'' and ``component'' 
is a welcome clarification.'' Commenter No. 7 also indicated these 
changes should resolve ambiguities about ECCN coverage and enable 
companies to correctly classify items falling under each of these 
designations. BIS agrees with these comments. Commenters No. 6 and 7 
support BIS's rationale for these changes and provide additional 
rationale highlighting the benefits and need to make these changes.
    One commenter opposed the ``parts'' and ``components'' changes. 
Commenter No. 8 opposed the ``parts'' and ``components'' changes 
because central to the proposed ``parts'' and ``components'' changes 
are the definitions of ``specially designed'' and ``component,'' 
respectively. This commenter noted that it is difficult to gauge the 
impact of the proposed changes in this area set forth in this rule 
without knowing the definitions of these terms. BIS acknowledges that 
these other terms have been proposed in other proposed rules being 
implemented under the ECR Initiative. BIS made this explicit in the 
November 29 proposed rule by including references to the definitions of 
``part'' and ``component'' included in the July 15 (framework) rule. 
The public was informed in the November 29 proposed rule that those 
proposed definitions should be used as they evaluate the clarifying 
changes that were proposed in the November 29 proposed rule, and was 
given ample opportunity to review and comment on those proposed 
definitions. The April 16 (initial implementation) final rule that 
includes the definitions for these terms was informed by such public 
comments. The definitions of ``part'' and ``component'' included in the 
initial implementation rule did not substantively change from what was 
originally proposed in the July 15 (framework) rule.
    Commenter No. 8 also stated as part of their rationale that the 
proposed rule tries to accomplish far too much at one time. BIS 
acknowledges that the proposed rule was large. However, the proposed 
rule clearly identified the proposed changes and the rationale for the 
various clarifying changes to ``parts'' and ``components.'' The public, 
including all potentially affected industries, was given adequate 
notice to review the proposed changes and submit comments. Certain 
specific examples were provided by commenters, such as Commenter No. 6 
that noted in certain places the importance of the use of ``and'' or 
``or'' as it related to certain technology ECCNs. BIS made clarifying 
changes to certain technology ECCNs as a result of these comments 
regarding ``and'' or ``or.'' The specific technology ECCNs that were 
revised to address the ``and'' or ``or'' issue are discussed elsewhere 
in this rule under the specific ECCNs.
    Over time if the public identifies additional entries where changes 
should be made to ``parts'' and ``components,'' BIS may make additional 
clarifications to such controls, including implementation of 
multilateral export control regime changes, if approved by the relevant 
regime.
    Commenter No. 8 also opposed these changes, asserting that these 
changes will cost exporters substantially more time to evaluate whether 
the numerous additions of ``parts'' or ``components'' will change the 
scope of an ECCN in a material way for their operations. This commenter 
noted that a substantial amount of time will also be required for 
exporters to evaluate the numerous inherent ambiguities the additions 
create in given ECCNs. BIS does not agree that the addition of ``part'' 
or ``component'' references by this rule will require exporters to 
spend substantially more time to determine the scope of the potentially 
relevant ECCN. Interested members of the public had adequate notice to 
review the proposed changes and submit comments as the November 29 
proposed rule included a 60-day public comment review period. The 
preamble to the rule also identified changes to ``parts'' and 
``components''

[[Page 61879]]

and provided a considerable amount of detail regarding what was 
changing and why. Based on the comments received, BIS and the other 
agencies as mentioned above conducted a review of all the ``parts'' and 
'' components'' changes, which resulted in a significant scaling back 
of the ``parts'' changes. The proposed rule and the comments received 
along with the subsequent U.S. Government review led to a better final 
rule that more clearly achieves the stated objectives for the 
conforming ``parts'' and ``components'' changes.
    As noted earlier, exporters and any other affected party may also 
submit additional suggestions for clarifications to the CCL at any 
time, so if in the future someone wishes to submit suggestions for 
further clarifying the use of ``parts'' and ``components,'' they may do 
that at any time consistent with Sec.  756.1(a)(1) of the EAR.
    Commenter No. 8 also requested that BIS publish several proposed 
rules proposing ``parts'' and ``components'' to be evaluated for each 
industry or related ECCNs. This commenter suggested that one option 
would be to propose ``parts'' and ``components'' rules for fewer ECCNs 
at a time, and possibly only pertaining to similar products or 
industries, so that BIS can be more confident that exporters will have 
identified and evaluated any unintended scope changes and ambiguities 
that may arise. BIS does not believe that such an approach is warranted 
based on the reasons noted above.
    Commenter No. 8 also questioned BIS's premise that these changes 
were limited to making clarifications to the CCL. This commenter argued 
that references to ``parts'' and ``components'' will significantly 
change the scope of many well established ECCNs. This commenter 
disputed BIS's assertion that the addition of the term ``parts'' or 
``components'' to numerous ECCNs, to ensure they include both terms, 
will not change the CCL substantively. BIS stated in the November 29 
proposed rule that one of the objectives was to not change the scope of 
the ECCNs. As a result of this concern raised by Commenter No. 8, BIS 
and the other agencies reevaluated the ``parts'' and ``components'' 
changes and were able to identify a large number of ECCNs where the 
``parts'' additions were not needed, and thus are not being implemented 
in this final rule. This change also addresses the clarity issues 
raised by Commenter No. 8. This reevaluation confirmed that the 
remaining ECCNs included in this rule where ``parts'' are being added 
need ``parts'' to be added in order to maintain the intended scope of 
control.
    However, Commenter No. 8 also argued that ``parts'' and 
``components'' cover very different things, so BIS cannot interpret 
them interchangeably. The commenter noted that even if BIS sometimes 
interprets the terms ``parts'' and ``components'' interchangeably, the 
new proposed definitions of those terms describe very different items 
and will, therefore, require that those terms cover different items. To 
add one or the other of those terms to an ECCN in which it does not 
currently appear will dramatically change the scope and coverage of the 
ECCN. BIS agrees that the terms ``part'' and ``component'' under the 
new definitions will be distinct. Prior to the addition of a definition 
for ``part'' and ``component'' by the initial implementation rule, BIS 
had not used the same level of specificity in interpreting the scope of 
the undefined terms parts and components as used on the CCL. If the 
entry used the term ``part,'' BIS typically also interpreted the entry 
to extend to components. Similarly, when the entry used the term 
``components,'' BIS in the context of certain entries interpreted those 
entries to extend also to parts. More importantly, because the terms 
part and component were not defined, this was not perceived as an 
issue. However, now that the two terms are defined, and as indicated in 
the comment cover different commodities, there is a need to specify in 
the context of each ECCN what was intended.
    Commenter No. 8 also argued that treating ``parts'' and 
``components'' as interchangeable is counter to the ECR goal of 
harmonizing terms and concepts across the USML and CCL. This commenter 
noted that the USML maintains separate definitions of ``part'' and 
``component.'' Because one of the goals of export control reform is to 
harmonize terms and concepts across regulatory regimes, the notion that 
``parts'' and ``components'' are ``interchangeable'' terms in the EAR 
will potentially create confusion and drafting problems as items move 
from the USML to CCL, or as well as when the planned consolidation of 
the two control lists eventually occurs. BIS does not agree that 
treating the undefined terms ``parts'' and ``components'' as 
interchangeable is counter to the ECR goal of harmonizing terms and 
concepts across the USML and CCL. BIS is making the changes as part of 
the larger effort to begin the harmonization between the EAR and the 
ITAR of key terms. If BIS did not make the changes, then ``parts'' that 
are within the scope of the word ``components'' throughout the CCL 
would become decontrolled once the EAR adopted in Part 772 the ITAR's 
definition of ``part.'' Thus, this conforming change will bring the 
non-``600 series'' into alignment with the structure of both the ITAR 
and the ``600 series'' ECCNs. As noted above, Commenters No. 6 and 7 
view the greater specificity as a benefit to exporters, so although 
these ``parts'' and ``components'' changes are integral to the larger 
USML-to-CCL process now under way under the ECR Initiative, these 
changes will also make the overall CCL clearer.
    Commenter No. 8 also noted that adding one term or another to an 
ECCN's heading as a matter of course to ensure the heading includes 
both terms will inevitably create new ambiguities in interpreting an 
ECCN. BIS clearly described the intent of these changes in the proposed 
rule and then requested the public to review each of these changes and 
to identify any changes that either were not consistent with how they 
interpret the scope of these ECCNs or created any perceived ambiguity. 
BIS received comments on this issue that related to ECCNs 1C007, 2A292 
and 6A992, 2B116, and 3A001 and analyzed them as follows:
    ECCN 1C007. Commenter No. 7 suggested BIS replace ``components'' in 
1C007 with the term ``ingredients,'' which the commenter thought makes 
more sense in this materials category. BIS did not propose this change 
in the November 29 rule, but understands the rationale for the 
suggestion. However, BIS is addressing the commenter's suggestion by 
not adding quotes around the term components in 1C007.e. BIS is not 
adding quotes around the reference to ``components'' in 1C007.e, 
because the controls are for ``carbon and nitrogen components,'' which 
is interpreted as a single term for purposes of 1C007.e, in this final 
rule. This is similar to the rationale provided below for why quotes 
are not being used in ECCNs 3A001.b, 3A982 and 3D982 in this final 
rule.
    ECCNs 2A292 and 6A992. BIS received comments from Commenter No. 8 
in response to the proposed changes to the ``unit'' paragraph in ECCNs 
2A292 and 6A992. However, as noted elsewhere in this final rule, BIS is 
not implementing the proposed changes to the ``unit'' paragraphs 
because this final rule is removing the ``unit'' paragraph from all 
ECCNs on the CCL as part of the effort to simplify the shipping 
tolerance provisions under the EAR that are also being implemented in 
this final rule. For these reasons, BIS is not implementing the changes 
suggested in the comments to 2A292 and 6A992.

[[Page 61880]]

    ECCN 2B116. Commenter No. 8 noted a specific ECCN example (2B116) 
as a basis for their concern regarding the use of ``parts.'' This 
commenter noted that the November 29 rule proposed to add ``parts'' to 
2B116, which currently covers only ``components'' for relevant 
vibration test systems. This commenter was concerned that none of items 
listed in 2B116, however, would likely be considered a ``part'' under 
the new definition. This commenter believed that if implemented, 
exporters would then be left with uncertainty as to whether an item 
that could be considered a ``part'' of a covered vibration system is 
controlled. BIS does not believe any changes for clarity need to be 
made for 2B116. The subsequent review conducted by the U.S. Government 
of the ``parts'' changes determined in the context of 2B116 that 
``parts'' is needed in order to maintain the intended scope of control. 
Moreover, BIS believes with ``(see List of Items Controlled)'' 
appearing at the end of the entry, there should be no confusion as to 
what is controlled because only the items listed are controlled. This 
interpretation also aligns with the original Missile Technology Control 
Regime (MTCR) text and interpretation regarding the scope of this 
entry. Therefore, for the reasons noted above, BIS is implementing the 
changes, as proposed; in this final rule.
    ECCN 3A001. Commenter No. 8 also noted ECCN 3A001.c as an example 
of their specific concerns about the use of ``parts.'' This commenter 
thought this change would result in new compliance obligations for 
companies that deal in less complex elements (``parts'') of a covered 
wave device. The subsequent review conducted by the U.S. Government of 
the ``parts'' changes determined in the context of 3A001 that ``parts'' 
is not needed in order to maintain the current scope of control. 
Therefore, BIS is not implementing this change to 3A001 and to all 
other ECCNs where the subsequent review determined ``parts'' was not 
needed in order to maintain the current scope of control.
    Commenter No. 8 also noted that the ``parts'' and ``components'' 
changes are not consistent with multilateral regime control lists. This 
commenter asserted the proposed rule makes changes to many ECCNs that 
are governed by multilateral export control regimes, including WA, 
which BIS acknowledges is a correct statement. Commenter No. 8 
indicated that adding ``parts'' to CCL headings represents a 
significant change and marked expansion of scope of the current entries 
and is not consistent with specific WA language. This commenter 
believed the U.S. Government should submit this change to the Wassenaar 
Arrangement. This commenter believes these proposed changes will 
require consent of WA members before they can be made. The same is true 
with other proposed changes to other CCL entries that are based on 
other multilateral regimes, such as the Australia Group (AG). This 
commenter encouraged BIS to consult with the other regime members 
before these changes are made because failing to do so could lead to a 
different scope of coverage in the U.S.
    The United States is a member of the four major multilateral export 
control regimes. In accordance with the terms of membership of these 
regimes, the CCL is consistent with the control lists used by the 
respective multilateral export control regimes, although there is 
national discretion in how those lists are implemented in the various 
member countries' controls. BIS's interpretation of the usage of the 
term ``parts,'' which informed the proposed changes included in the 
November 29 proposed rule, was that ``parts'' generally fall under 
``components'' for the typical WA control text. BIS applies this same 
interpretation to the other multilateral control lists, which also 
informed the changes included in the November 29 proposed rule. 
However, based on the concerns raised by Commenter No. 8, the U.S. 
Government, including the Department of State, conducted an additional 
review of the ``parts'' and ``components'' changes that were included 
in the November 29 rule. This review, as noted above, resulted in a 
significant reduction in the number of ECCNs where ``parts'' is added 
in this final rule, in particular for many of the Wassenaar 
Arrangement-based ECCNs. In the remaining ECCNs where ``parts'' is 
being added, the U.S. Government has determined that the intent in the 
context of these ECCNs, including the multilateral based ECCNs, is that 
``parts'' is needed in order to maintain the current scope of control.
    In the future, if one of the respective multilateral regimes 
specifies under one of the multilateral-based entries that such entries 
are intended to only reach ``components'' or some other formulation, 
BIS will implement those changes to the respective entries on the CCL 
consistent with the U.S. Government's multilateral regime commitments.
    The November 29 rule proposed changes implemented in this final 
rule revise one hundred and one ECCNs on the CCL where the term 
``parts'' or ``components'' is used, as identified and described in the 
paragraphs below in more detail.
    ``Parts'' is used, but ``specially designed'' ``components'' or 
`components' as follows'' is intended or ``specially designed'' 
``parts'' and ``components'' is intended. In three ECCNs, the term 
``parts'' is used, but the term ``specially designed'' ``components'' 
is intended. This final rule removes the term ``parts'' and replaces it 
with the terms ``specially designed'' ``components'' in the following 
three ECCNs: 0A979, 3A980, and 3A981. This rule removes the term 
``part'' and replaces it with the terms ``specially designed'' 
``parts'' and ``components'' in the following four ECCNs: 0A982, 0A983, 
0A985, and 0A986. In ECCNs 0A984 and 0A987, the term ``parts'' is used, 
but the term ``components'' or `` ``components'' as follows'' is 
intended. This rule removes the term ``parts'' and replaces it with the 
term ``components'' or `` ``components'' as follows'' in these ECCNs. 
BIS is implementing these changes, as proposed, in this final rule.
    The hybrid term ``component parts'' is used, but ``parts'' and 
``components'' is intended. In certain ECCNs, the hybrid undefined term 
``component parts'' is used, but the intent is ``parts'' and 
``components.'' This final rule changes ECCN 3A201 to bring its meaning 
into alignment with this intent by changing ``component parts'' to 
``parts'' and ``components.'' BIS is implementing these changes, as 
proposed, in this final rule. This same issue appears in some of the 
``xY018'' ECCNs on the CCL, but given that those ECCNs will be 
addressed in the ongoing USML-to-CCL process as those items in the 
``xY018'' ECCNs are moved to the ``600 series'' ECCNs, the November 29 
proposed rule did not propose making changes to those ``xY018'' 
entries.
    ``Parts'' or ``components'' is used, but ``parts'' and 
``components'' is intended. Because the terms ``parts'' and 
``components'' are currently used interchangeably in the context of 
several entries on the CCL, maintaining current controls while adopting 
definitions for these words requires the use of both words in each of 
the seventy-two ECCNs where one of those terms is currently used but 
both terms are intended. This will ensure that existing ECCNs maintain 
the same controls that existed when the terms were undefined, so that 
``parts'' and ``components'' will encompass all subsidiary elements of 
a complete system in the context of these ECCNs. The November 29 rule 
proposed adding ``parts'' or ``components'' to one hundred and forty-
six ECCNs, but after further review conducted by the U.S.

[[Page 61881]]

Government, BIS determined only seventy-two ECCNs needed ``parts'' or 
``components'' added in order to maintain the current scope of control. 
The significant reduction in the number of these changes is from the 
reduction in the number of ECCNs where ``parts'' is being added in this 
final rule. BIS, in consultation with the other agencies and 
multilateral export control regimes, intends to revise these entries in 
the future to further refine the CCL controls, but BIS has determined 
the changes being implemented in this final rule are the only ones 
needed at this time and are consistent with the current multilateral 
regime control lists.
    This final rule will insert ``parts'' and add quotation marks in 
the following sixty-four ECCNs (in the November 29 proposed rule 
``parts'' was to be added in one hundred and twenty-seven ECCNs): 
1A001, 1A002, 1A102, 1A995, 1B003, 1B101, 1B102, 1B115, 1B117, 1B118, 
1B119, 1C117, 2A991, 2B109, 2B116, 2B229, 2B351, 2B352, 2B992, 2B998, 
2D351, 3A101, 3A201, 3A292, 3A999, 3B991, 3B992, 3D991, 3E982, 3E991, 
4A101, 4A994, 5A991, 6A107, 6A203, 6A991, 6B995, 6E001, 6E002, 6E993, 
7A101, 7A102, 7A103, 7A104, 7A105, 7A107, 7D101, 7E101, 8A002, 8A992, 
9A004, 9A010, 9A011, 9A106, 9A108, 9A109, 9A111, 9A120, 9B001, 9B002, 
9B009, 9B115, 9B116 and 9E003. BIS is implementing these changes as 
proposed, except for the following sixty-three ECCNs: 1A004, 1A005, 
1A006, 1A008, 1B001,1C007, 1C230, 2A001 (although BIS is adding a new 
Note to 2A001.a to clarify this paragraph includes a control on roller 
bearing and roller elements ``specially designed'' for the items 
specified therein), 2B001, (not implemented for heading), 2B003, 2B004, 
2B005, 3A001, 3A003, 3A233, 3A982, 3A991, 3B001, 3B002, 3D982, 3E001, 
3E003, 4A001, 4A003, 4A004, 5A001, 5B001, 5E001, 5A002, 5A992, 6A001, 
6A002, 6A003, 6A004, 6A005, 6A006, 6A008, 6A102, 6A205, 6A992, 6A995, 
6A996, 6A998, 6B008, 6D001, 7A001, 7A002, 7A003, 7A004, 7A005, 7A008, 
7D001, 7E001, 7E002, 9A002, 9A003, 9A005, 9A006, 9A008, 9A012, 9B003, 
9B010, and 9D004 (not implemented for 9D004.e) that will not be changed 
based on the subsequent U.S. Government review of the ``parts'' and 
``components'' changes, in this final rule.
    ECCN 3A001. After further review of the proposed changes, including 
a review of input received from BIS's TACs, BIS decided to not add 
quotes around the first reference to ``components'' in the phrase 
``electronic components'' in the heading of ECCN 3A001 to avoid 
creating confusion over the meaning of the phrase. ``Electronic 
components;'' although undefined; is interpreted as a single term for 
purposes of 3A001. For similar reasons, BIS is not adding quotes around 
the reference to ``components'' in 3A001.b because the controls are for 
microwave or millimeter wave components, which is interpreted as a 
single term for purposes of 3A001.b, as well as the references to the 
phrase microwave or millimeter wave components in the headings of ECCNs 
3A982 and 3D982 in this final rule.
    This final rule inserts ``components'' and adds quotation marks in 
the following eight ECCNs: 2A994, 2B201, 5A980, 6A203, 6B995, 8A992, 
9A106, and 9A991. In this final rule, BIS is implementing these changes 
as proposed, except 2A292, 2B001 (in the heading), and 9A012 will not 
be changed based on the subsequent U.S. Government review of the 
``parts'' and ``components'' changes included in the November 29 rule.
    This final rule will add quotation marks to the existing term 
``components'' in the following fifty-two ECCNs: 1A004, 1A005, 1A006, 
1A008, 1B001, 1C007, 2A001, 2B003, 2B004, 3A003, 3B001, 3B002, 3E001, 
4A001, 4A003, 4A004, introductory text of Note 1, the N.B.2 and Note 2 
that immediately follows the Category 5 Part 1--Telecommunications, 
5A001, 5A002, 5A992, 5B001, 5E001, 6A001, 6A002, 6A003, 6A004, 6A005, 
6A006, 6A008, 6A992, 6A995, 6A996, 6A998, 6B008, 6D001, 7A001, 7A002, 
7A003, 7A004, 7A005, 7A008, 7E001, 7E002, 9A002, 9A003, 9A005, 9A006, 
9A008, 9B003, 9B010, 9A012, 9D003 and 9E003.
    This final rule will reposition the term ``parts'' before 
``components'' and will add quotation marks to the existing terms 
``parts'' and ``components'' in the following ten ECCNs: 1C002, 2A983, 
2A984, 3A001, 4A994, 7A994, 9A106, 9A991, 9B990, and 9E003. BIS is 
implementing these changes, as proposed, in this final rule, except 
1A004, 3A001, and 6A992 will not be changed based on the subsequent 
U.S. Government review of the ``parts'' and ``components'' changes 
included in the November 29 rule.
    ECCN 1C350 and 1C355. After further review of the proposed changes 
to ECCNs 1C350 and 1C355, including reviewing input received from BIS's 
TACs, BIS decided to not add the term ``parts'' to ECCNs 1C350 and 
1C355. BIS decided it would be better to replace the term 
``components'' in these two ECCNs with the alternative term 
``ingredients.'' This change will more clearly reflect the intent of 
these two ECCNs and avoid potential confusion with the new definition 
of ``component.''
    ECCN 9E003. Commenter No. 6 noted that although they supported the 
addition of the conforming changes for ``parts'' and ``components,'' 
for certain technology entries using ``and'' instead of ``or'' between 
``parts'' and ``components'' may inadvertently allow the release of 
certain technology. This commenter noted that the proposed rules used 
the phrases ``parts'' or ``components'' and ``parts'' and 
``components'' interchangeably. The commenter further asserted that 
there are cases where this may cause some readers to read the control 
as being narrower than intended, specifically in ECCNs 9E003.a.7, 
9E003.a.8, and 9E003.c. In the case of the proposed wording for 
9E003.a.7, Commenter No. 6 asserted this could be interpreted to mean 
that the ``technology'' is ``required'' only if it applies to both 
``parts'' and ``components'', which is narrower than the ``technology'' 
for either item. This commenter recommended using ``or'' in these three 
items paragraphs of 9E003. However, as a result of this comment, BIS 
also evaluated the other entries where conforming changes for ``parts'' 
and ``components'' were being made and determined that ``and'' should 
also be replaced with ``or'' in the following two ECCNs: 2B201 note to 
.a, and 9B009 heading.
(C) Clarification of the Use of the Term ``assemblies'' on the CCL as 
Components
    In the ``component'' definition added to the EAR in the April 16 
(initial implementation) rule, it states that ``components are also 
commonly referred to as assemblies. For purposes of this definition, an 
assembly and a component are the same.'' BIS has reviewed the CCL to 
ensure the term ``assemblies'' is not being used redundantly on the 
CCL. This review identified five ECCNs (5A991, 9A002, 9A003, 9B002, and 
9D004) where the terms ``assemblies'' and ``components'' are being used 
in the same ECCN, but where the term ``assemblies'' should be removed 
to avoid the incorrect interpretation that assemblies are different 
from components. This final rule adds the term ``electronic'' before 
the term ``assemblies'' in 5A991 under ``items'' paragraphs (c.1) and 
(g) to distinguish the particular type of assembly that is intended to 
be controlled under this entry. As was noted in the November 29 
proposed rule, with regard to ECCNs 9A002, 9A003, 9B002, and 9D004, the 
U.S. Government intends to develop a proposal to submit to the 
Wassenaar Arrangement that would propose the

[[Page 61882]]

removal of the term ``assemblies'' from these ECCNs or, in the 
alternative, propose the addition of more descriptive terms, such as 
``electronic'' to clarify the scope of those other multilateral-based 
ECCNs.
    This final rule removes reference to the term ``assemblies'' in 
ECCN 6A998 and adds the term ``components'' in its place. As described 
above, this rule also adds the term ``parts'' to 6A998. BIS is 
implementing these changes as proposed, with the one exception, in this 
final rule.
 (D) Revisions to the Following ECCNs, Including Changes Made as a 
Result of Comments
    ECCN 1A005. Commenter No. 7 noted that ``specially designed'' does 
not consistently appear in quotation marks, as exemplified by 1A005. 
This commenter believes that to conform to the new definition of 
``specially designed'' added in the initial implementation rule, the 
term should be in quotes in 1A005 and wherever else the term 
``specially designed'' is used on the CCL. BIS agrees and is adding 
quotes wherever the term ``specially designed'' is used on the CCL in 
this final rule.
    ECCN 1B001. Commenter No. 7 requested that BIS clarify in this 
final rule whether the July 15 (framework) rule proposed definition of 
``accessories'' applies to 1B001 and to other places it is used on the 
CCL. This commenter also requested that BIS add quotation marks around 
``accessories'' in 1B001 and wherever else on the CCL the term 
``accessories'' is used. The definition for ``accessories'' was added 
to the EAR in the initial implementation rule, and will apply to 1B001 
and wherever the term ``accessories'' is used on the CCL. Therefore, 
BIS in this final rule accepts these comments and is adding quotation 
marks to wherever the term ``accessories'' is used in this rule. Note 
that ``accessories'' and ``attachments'' are defined as separate terms 
in part 772, but the definition is the same for ``accessories'' and 
``attachments'' and each definition cross references the other. For the 
same reason that BIS is adding quotation marks around ``accessories,'' 
BIS is also adding quotation marks around ``attachments'' in this final 
rule.
    ECCN 1C996. This final rule will amend 1C996 by revising the 
heading to add the phrase ``not controlled by 1C006,'' to clarify the 
scope of 1C996 as it relates to 1C006. BIS did not receive any comments 
on this change, so BIS is implementing this change, as proposed, in 
this final rule.
    ECCN 2A994. As an additional clarification to existing controls, 
Commenter No. 4 suggested adding an ECCN-specific definition of 
``portable electric generator'' to 2A994. This commenter was aware of 
past advisory opinion guidance provided by BIS that had interpreted the 
term ``portable electric generator'' for purposes of 2A994. BIS is 
aware of this past advisory opinion and agrees it would be beneficial 
to add an ECCN-specific definition based on that previously provided 
guidance. This new ECCN-specific definition added by this final rule 
makes it clear that the generators that are in 2A994 are portable--
5,000 lbs or less on wheels or transportable in a 2\1/2\ ton truck 
without a special set up requirement.
    ECCN 2B350. This final rule amends 2B350 by revising the ``Related 
Definitions'' paragraph in the List of Items Controlled section to 
indicate for purposes of this entry that the term `chemical warfare 
agents' includes those agents ``subject to the ITAR'' (see 22 CFR parts 
120 through 130). In addition, this rule adds a note at the end of the 
``items'' paragraph in the List of Items Controlled section to provide 
a reminder and cross reference to the Note for exporters, reexporters 
and transferors, stating the following: ``See Categories V and XIV of 
the United States Munitions List for all chemicals that are `` `subject 
to the ITAR' (see 22 CFR parts 120 through 130).''
    Commenter No. 8 requested BIS to specify whether the definition for 
the ``chemical warfare agents'' proposed for 2B350 also applies to 
1A004 and 2B351. The 2B350 definition is an ECCN-specific definition, 
so it does not apply to 1A004 or 2B351. If the definition were intended 
to also apply to other ECCNs, then adding a definition of ``chemical 
warfare agents'' to 772 would be the appropriate change to make, but as 
noted that was not intended in the November 29 proposed rule.
    Commenter No. 8 also indicated the ``chemical warfare agents'' 
definition scope proposed for ECCN 2B350 is not correct in terms of its 
reference to USML categories referenced. Specifically, Commenter No. 8 
was concerned that proposing that the ITAR-controlled chemicals are 
only found in USML Categories V and XIV is not correct because such 
chemicals could conceptually fall within USML Category XXI and possibly 
others. In drafting the November 29 proposed rule, BIS consulted with 
the Department of State on the appropriate USML categories to reference 
in the 2B350 definition. In reviewing this comment and preparing this 
final rule, BIS also consulted with the Department of State. BIS 
acknowledges USML Category XXI, which is a temporary holding category 
on the USML, could be applicable, but USML Category XXI could also be 
applicable for any other USML-related cross reference provided on the 
CCL. For this reason, BIS does not add references to USML category XXI. 
Based on the interagency review of this comment and the draft final 
rule, no additional USML categories need to be added to the `chemical 
warfare agents' definition in ECCN 2B350. For the reasons noted above 
in responding to the commenter, BIS is implementing this change, as 
proposed, in this final rule.
    ECCN 2B996. This final rule amends 2B996 by revising the heading to 
clarify that dimensional inspection or measuring systems or equipment 
not controlled by 2B006 or 2B206 are controlled under this ECCN. 
Certain dimensional inspection or measuring systems or equipment 
controlled under 2B206 would also be controlled under 2B996. To clarify 
the relationship between 2B996 and 2B206, this rule adds 2B206 to the 
exclusion in 2B996. BIS did not receive any comments on this change, so 
this change is implemented, as proposed, in this final rule.
    ECCN 2B999. Commenter No. 1 requested BIS clarify the scope of 
2B999.g for fittings. The commenter asked BIS to clarify whether or not 
304 and 316 stainless steel pipe fittings, which do not fall under 
2A292.a, are classified under 2B999.g. This commenter noted that 
currently, manufacturers have differing interpretations. Some classify 
fittings under 2B999 and others EAR99. Confusion comes from some 
thinking 2B999.g includes fittings because ``fittings are simply 
shorter pieces of pipe.'' However, others may classify fittings as 
EAR99 because they are not specified in 2B999.g. Lastly, this commenter 
noted that whether the fittings are EAR99 or 2B999.g the same license 
requirements apply. BIS addressed this commenter's suggestion for 
removing 2B999 elsewhere in this rule and addressed the request for 
clarification here regarding the scope of 2B999.g. BIS confirms here 
that fittings are considered part of ``piping'' for purposes of 2B999. 
BIS also adds a new note to 2B999.g to clarify the scope of this item.
    ECCN 6A002. This final rule revises the STA (License Exception 
``Strategic Trade Authorization'') paragraph in the License Exceptions 
section, which as proposed in the November 29 rule and as implemented 
in the final rule, is now

[[Page 61883]]

in its own section called Special Conditions for License Exception STA. 
This final rule removes the phrase, ``to any of the eight destinations 
listed in Sec.  740.20(c)(2) of the EAR'' from the end of the current 
STA paragraph and adds it to the introductory text of the STA 
paragraph. BIS makes this change to clarify the 6A002 ``items'' 
paragraphs that are not eligible for License Exception STA to any of 
the eight destinations listed in Sec.  740.20(c)(2). BIS did not 
receive any comments on this change, so BIS is implementing this 
change, as proposed, in this final rule.
    ECCN 6E001 and 6E002. This final rule removes the term 
``equipment'' and replaces it with the term ``items'' in the ``NP'' and 
``RS'' controls paragraphs in the License Requirements section of 6E001 
and 6E002. This clarification is made as a conforming change to the new 
``equipment'' definition added in the April 16 (initial implementation) 
rule. The clarification is made because the ``NP'' and RS'' items 
include paragraph references to other ECCNs that control items other 
than equipment and therefore the broader term ``items'' is intended in 
these two controls paragraphs in 6E001 and 6E002.
    ECCN 8A918. This final rule removes the marine boilers from 8A918 
and moves these items to two new ``items'' paragraphs in the List of 
Items Controlled section of 8A992. This rule adds a new ``items'' 
paragraph (l) to 8A992 for marine boilers designed to have any of the 
characteristics in the new 8A992.l.1 or .l.2. This rule adds ``items'' 
paragraph (m) to 8A992 for ``components,'' ``parts,'' ``accessories,'' 
and ``attachments'' for marine boilers that would be described in 
8A992.l. This rule's movement of these commodities from 8A918 to 
8A992.l and .m will remove the Regional Stability (RS) Column 2 control 
on these commodities. The Anti-Terrorism (AT) and United Nations (UN) 
controls will be retained for the commodities moved to 8A992.l and .m. 
BIS proposed this change in the November 29 rule because these marine 
boilers do not warrant an RS control or a separate ECCN entry and can 
therefore be added under ECCN 8A992 to be controlled with other types 
of marine commodities warranting an AT control. BIS did not receive any 
comments on this change, so BIS is implementing this change, as 
proposed, in this final rule.
    ECCN 9A980. This final rule revises 9A980 by removing the term 
``parts'' from the heading of the ECCN and adding a new heading note to 
clarify the scope of the ECCN. The Crime Control (CC) parts that would 
have been classified under this entry if exported alone are already 
accounted for on the CCL and controlled for CC reasons. The new heading 
note clarifies that in order for a vehicle to be classified as a 
nonmilitary mobile crime scene laboratory under ECCN 9A980, the vehicle 
must contain one or more analytical or laboratory items controlled for 
Crime Control (CC) reasons on the CCL, such as items controlled under 
ECCN 3A980 or 3A981. This new heading note does not change the scope of 
the ECCN, but clarifies the scope of this ECCN and the relationship to 
other CC ECCNs. BIS did not receive any comments on this change, so BIS 
is implementing this change, as proposed, in this final rule.
    ECCN 9A991. In reviewing the conforming changes for ``parts'' and 
``components,'' Commenter No. 6 raised concerns regarding whether the 
proposed changes to 9A991.d should be implemented due to a concern that 
the proposed wording may inadvertently classify some aircraft ``parts'' 
and ``components'' as EAR99 while an aircraft is in development. 
Commenter No. 6 asserted that under the proposed wording, the ``parts'' 
and ``components'' to be controlled are only those for ``aircraft'' 
that meet requirements of 9A991.a or .b. ECCN 9A991.a controls specific 
military aircraft, and ECCN 9A991.b controls ``civil aircraft.'' Prior 
to receiving a civil airworthiness certificate, developmental aircraft 
do not meet the definition of ``civil aircraft'' in Sec.  772.1 of the 
EAR. The commenter stated that it would follow that ``parts'' and 
``components'' ``specially designed'' for pre-certification non-
military aircraft or in countries where such certificates are not 
granted are not described in 9A991.d, and barring any other control, 
would be classified EAR99. Once the aircraft is certified, these parts 
would move to 9A991.d. Commenter No. 6 indicated they believed this is 
not the intent of the control. BIS agrees that this is not the intent 
of the control. BIS reviewed this issue and determined it was better to 
revise 9A991.b by replacing the term ``civil aircraft'' with the term 
``aircraft n.e.s.'' This revision to 9A991.b would describe more 
precisely the scope of the ECCN and would be consistent with how BIS 
now interprets the ECCN. Aircraft subject to the ITAR will remain ITAR 
controlled. Aircraft subject to the EAR and controlled by ECCN 9A610.a 
will continue to be controlled by that ECCN. Aircraft described in ECCN 
9A991.a will continue to be controlled by that subparagraph. ECCN 
9A911.b will continue to control all other aircraft at all stages of 
their development or production, and regardless of whether they have a 
certification from an aviation authority. This final rule also makes a 
conforming change to the change in 9A991.b by revising the regional 
stability (RS) 1 control in ECCNs 7D001, 7E001, 7E002, and 7E101. These 
ECCNs are amended by removing the term ``civil aircraft'' and replacing 
it with the more accurate phrase 9A991.b aircraft. This change is not 
substantive and is limited to conforming to the clarification made to 
9A991.b and to add greater specificity in these three RS controls. For 
additional clarity, this final rule also adds the conjunction ``and'' 
to the RS control between the terms ``inertial navigation system'' or 
``inertial equipment'' in 7D001, 7E001, 7E002 and 7E101, along with 
other clarifying text to the RS control in 7E101 to clarify the scope 
of this RS control by adding the terms ``required'' and ``specially 
designed.''
    xY999 ECCNs. Commenter No. 1 suggested BIS remove all xY999 ECCNs 
where items controlled are only AT-controlled. BIS evaluated this 
change in drafting the November 29 proposed rule and considered 
implementing the removal of certain xY999 entries in this final rule. 
However, in evaluating these possible removals with the other agencies 
involved in the review process of the November 29 rule, it was 
determined that additional analysis is needed before moving forward 
with these removals. This determination also took into account the 
minimal impact that such removals would have, given that the only xY999 
ECCNs under consideration for removal are those where the license 
requirements would be redundant with EAR99 items. BIS is still 
evaluating whether it may be possible to remove some or all of the 
``xY999'' ECCNs on the CCL that may have redundant license requirements 
with EAR99 items.
(E) Addition of ``Related Controls'' To Aid in Classification
    Most ECCNs on the CCL contain a ``related controls'' paragraph in 
the List of Items Controlled section that provides cross references to 
related ECCNs to assist the public in classifying items that are 
subject to the EAR. In some ECCNs, the ``related controls'' paragraph 
also includes cross-references to the export controls other U.S. 
Government agencies administer.
    The November 29 rule proposed adding a number of additional 
``related controls'' paragraphs or revising existing ``related 
controls'' paragraphs to assist the public in classifying items. This 
final rule implements those changes, along with certain additional 
``related

[[Page 61884]]

controls'' changes in response to BIS's review of the public comments. 
In the November 29 proposed rule, BIS advised that in responding to the 
proposed rule, the public may also provide suggestions for additional 
``related controls'' that would assist the public in classifying items. 
This final rule is revising the ``related controls'' paragraphs in the 
following twelve ECCNs: 1A985, 1B117, 1B118, 1B119, 1B225, 1C117, 
1C233, 2B105, 2B116, 3A230, 7A103 and 9B009 that were proposed in the 
November 29 rule. In addition, as a result of the review of public 
comments, this final rule is also revising the ``related controls'' 
paragraphs in the following three ECCNs: 2A226, 2A292 and 2B350 as 
follows:
    ECCN 2A226. Commenter No. 9 suggested adding ECCN 2B999 to the 
``related controls'' paragraph of 2A226. This commenter noted that 
2A226 references other valve ECCNs (2A292 and 2B350), but has no 
reference to 2B999. BIS agrees that adding 2B999 would be helpful, so 
this final rule is implementing this change.
    ECCN 2A292. Commenter No. 9 suggested adding ECCNs 2B350 and 2B999 
to the ``related controls'' paragraph of 2A292. This commenter noted 
2A292 references to one other valve ECCN (2A226), but has no reference 
to 2B350 or 2B999. BIS agrees that adding 2B350 and 2B999 would be 
helpful, so this final rule is implementing this change.
    ECCN 2B350. Commenter No. 9 suggested adding ECCNs to the ``related 
controls'' paragraph of ECCN 2B350 instead of using N/A. The commenter 
was concerned that the use of ``N/A'' may lead you to mistakenly 
conclude that there are no applicable technology ECCNs or any other 
potential valve ECCNs. BIS agrees that adding ECCNs 2A226, 2A292, 
2A293, 2B231 and 2B999 to the ``related controls'' paragraph of 2B350 
would be helpful, so this final rule is implementing this change.
    ECCN 2B999. Commenter No. 9 suggested adding ECCNs 2A226 and 2A292 
to the ``related controls'' of 2B999. This commenter noted that 2B999 
refers to a number of other ECCNs, including 2B350, but it does not 
refer to the other valve ECCNs (2A226 and 2A292). BIS does not accept 
this change because it is clear within the context of this ECCN 2B999 
that the only valves that are controlled are those referenced in the 
long list of ``items.'' BIS is also still evaluating whether it may be 
possible to remove 2B999, along with similar ``xY999'' ECCNs on the CCL 
that have redundant license requirements with EAR99 items. Additional 
analysis is needed, however, before any such ``xY999'' ECCNs can be 
removed from the CCL, as noted above.
    Commenter No. 9 also suggested BIS conduct a review of all the 
``related controls'' on the CCL to identify additional changes to make 
and address inconsistencies. This commenter recommended BIS review the 
``related controls'' section of each ECCN in Groups A, B or C to 
identify all related ECCNs. The ``related controls'' then should be 
updated accordingly to include similar ECCNs of Groups A, B or C as 
well as the applicable software and technology ECCNs of Groups D and E. 
BIS agrees that regular review of the ``related controls'' paragraphs 
should be conducted. BIS has already conducted a review of all the 
``related controls'' paragraphs on the CCL, and these are the changes 
that were proposed in the November 29 rule. In evaluating the comments 
received in response to the November 29 proposed rule, BIS also 
identified additional ``related controls'' changes that are being 
implemented in this final rule, as described above for ECCNs 2A226, 
2A292, and 2B350. BIS will continue conducting regular reviews of the 
``related controls'' paragraphs and make updates as necessary on the 
CCL. Note, however, that although the ``related controls'' paragraphs 
are a useful tool for classifying related items under the CCL, the 
``related controls'' paragraphs are not exhaustive or determinative of 
an item's control status. They are not part of the control text for a 
specific ECCN. Related controls are a method of identifying other ECCN 
entries that may be applicable to a particular item, including 
highlighting in certain cases when a related item may be subject to the 
exclusive jurisdiction of another agency of the U.S. Government. 
However, to determine whether an item is classified under another entry 
on the CCL or another control list, such as the Nuclear Trigger List or 
the United States Munitions List (USML), a person classifying an item 
should review the other ECCN or other control lists as applicable to 
determine the jurisdictional and classification status of a particular 
item.
    Supplement No. 4 to part 774--Commerce Control List Order of 
Review--was added to the EAR in the initial implementation rule, and 
identifies the proper order of review for reviewing the CCL.
    ECCNs 7A005 and 7A994. This final rule also revises the ``related 
controls'' paragraphs in ECCNs 7A005 and 7A994 and includes the 
substance of the amended related control paragraph as a new ``license 
requirement note'' in 7A994. This change will clarify the relationship 
between 7A005 and 7A994 and provide guidance on the appropriate 
classification for GPS equipment. The added text in 7A005 and 7A994 
will alert persons classifying GPS items that ``typically commercially 
available GPS do not employ encryption or adaptive antenna and are 
classified as 7A994.'' BIS did not receive any comments on this change, 
so BIS is implementing this change, as proposed, in this final rule.
(F) Addition of the Term ``subject to the ITAR'' to the EAR.
    This final rule adds the term ``subject to the ITAR'' to Sec.  
772.1 (Definitions of terms as used in the EAR). This defined term is 
added to parallel the use of the term ``subject to the EAR'' that is 
commonly used in the EAR, along with simplifying many of the references 
to the export jurisdiction of the Department of State that are included 
in the EAR. The vast majority of these references to the export control 
jurisdiction of the Department of State are on the CCL. This final rule 
will therefore add the following definition of ``subject to the ITAR'' 
in Sec.  772.1:
    A term used in the EAR to describe those commodities, software, 
technology (e.g., technical data) and defense services over which the 
U.S. Department of State, Directorate of Defense Trade Controls (DDTC) 
exercises regulatory jurisdiction under the International Traffic in 
Arms Regulations (ITAR) (see 22 CFR 120-130).
    This final rule makes conforming changes to the rest of the EAR, 
including several ECCNs and Sec. Sec.  734.4 (De minimis U.S. content), 
734.6 (Assistance available from BIS for determining licensing and 
other requirements), and 740.6 (Technology and software under 
restriction (TSR)), by adding ``subject to the ITAR'' where the export 
control jurisdiction of the Department of State is referenced. In 
addition to making the conforming change in Sec.  734.6, this rule 
revises the references to the ITAR to clarify that, in order to 
determine whether an item is ``subject to the ITAR,'' you should review 
the ITAR's United States Munitions List (see 22 CFR Sec. Sec.  120.6 
and 121.1). If the item is within the scope of a USML category, then 
the item is a defense article subject to the ITAR. If it is not, then 
it is not subject to the ITAR. The revised text also clarifies that you 
may also submit a request to the Department of State, Directorate of 
Defense Trade Controls, for a formal jurisdictional determination 
regarding

[[Page 61885]]

the commodity, software, technology, or activity at issue (see 22 CFR 
Sec.  120.4). BIS did not receive any comments on this change, so BIS 
is implementing this change, as proposed, in this final rule.
(H) Addition of Paragraph To Clarify the Jurisdiction of Items Subject 
to the EAR When Sold, Leased or Loaned by the Department of Defense to 
a Foreign Country or International Organization Under the Foreign 
Military Sales (FMS) Program
    This final rule adds a new paragraph (b)(1)(vi) to Sec.  734.3, 
which identifies items subject to the EAR. This new paragraph was not 
proposed in the November 29 rule, but the change is being made in this 
final rule as a clarification to the addition of Sec.  734.3(e) in the 
initial implementation final rule published on April 16, 2013. While 
not effective until October 15, 2013, Sec.  734.3(e) specifies that 
items subject to the EAR may be exported, reexported, or transferred in 
country under licenses, agreements, or other approvals from the 
Department of State's Directorate of Defense Trade Controls pursuant to 
Sec. Sec.  120.5(b) and 126.6(c) of the International Traffic in Arms 
Regulations (ITAR) (22 CFR 120.5(b) and 126.6(c)) or under actions made 
by the Department of State's Office of Regional Security and Arms 
Transfers.
    New paragraph (b)(1)(vi) clarifies that items that would otherwise 
be subject to the EAR and that are sold, leased or loaned by the 
Department of Defense to a foreign country or international 
organization under the Foreign Military Sales (FMS) Program of the Arms 
Export Control Act, pursuant to a Letter of Offer and Acceptance (LOA) 
authorizing such transfers, are not ``subject to the EAR'' but rather, 
are subject to the authority of the Arms Export Control Act. New 
paragraph (b)(1)(vi) clarifies that the terms and conditions of the LOA 
would govern the export, reexport, or other transfer of the items. 
Lastly, because the heading for new paragraph (b)(1)(vi) refers to the 
Department of Defense (DoD) and Department of State, BIS is adding a 
cross reference from new paragraph (b)(1)(vi) to paragraph (b)(1)(i), 
along with a cross reference from (b)(1)(i) to (b)(1)(vi).
(I) Corrections and Minor Clarifications to Existing CCL Text and 
Proposed Text Included in the November 29 Proposed Rule
    The November 29 rule also included minor corrections and 
clarifications to the CCL, such as to correct certain misspellings and 
typographical errors and make other minor updates to the CCL. BIS did 
not receive any comments on these changes, so BIS is implementing these 
changes, as proposed, in this final rule for the following two ECCNs: 
6C992 and 9B002.
    In the public comments received in response to the November 29 
rule, the public identified some additional corrections or minor 
clarifications that should be made to existing CCL text or to some of 
the proposed text included in the November 29 rule. BIS has accepted 
some of these suggested changes, so BIS is implementing these changes 
in this final rule for the following ECCNs: 1C002 (to correct a 
formatting error in 1C002.c.1.a where ``10\9\'' was incorrectly 
proposed as ``109''); 2B352 (to correct a formatting error in 2B352.d.2 
where ``(0.2 m\2\)'' was incorrectly proposed as ``(0.2 m2)''); 9E003 
(to insert an omitted ``Related Controls) paragraph number (2)''); and 
1A002 (to remove an extra ``and'' that was not needed and modify the 
punctuation).
    Commenter No. 8 suggested that the heading of 1A002 should also end 
in the word ``therefor.'' BIS does not accept this change because the 
current entry is consistent with the Wassenaar Arrangement WA dual-use 
list entry 1.A.2. In addition, the term is not needed in the context of 
this entry.
    ECCN 5A991 (and similar changes to 5A001, 6A008 and 7A005). This 
rule changes the spelling of the word ``antennae'' in the ``items'' 
paragraph (f) of 5A991. This term should be spelled as ``antennas'' to 
reflect common American English usage in this ECCN. BIS also accepted 
Commenter No. 8's suggestion that a review should be conducted of the 
entire CCL to identify any additional places where this same issue 
occurs and standardize this usage. BIS identified five other references 
on the CCL where this correction needs to be made: ECCN 5A001.d and the 
Note to 5A001.d; ECCN 6A008 in the decontrol note for (PAR), 6A008.e; 
and ECCN 7A005 in the Note to 7A005.b. This final rule is implementing 
these additional five corrections to address this incorrect word usage 
on the CCL.
    This final rule does not implement the related change to the 
``unit'' paragraph of 5A001 because the ``unit'' paragraph will no 
longer be used in ECCNs under the simplified structure being 
implemented in this rule for calculating shipping tolerances under the 
EAR. As described below, this final rule removes all ``unit'' 
paragraphs from the CCL, so the proposed change to the ``unit'' 
paragraph of 5A001 is no longer required, along with any proposed 
changes to the ``unit'' paragraph that was included in the November 29 
rule.

(2) Changes To Conform the CCL to the Multilateral Export Control 
Regime Control Lists and Previous Amendments to the EAR

    This final rule is also making the following changes to conform the 
CCL to the multilateral export control regime control lists and to 
conform the CCL to the intent of past amendments to the EAR. These are 
cases where a previous amendment to the EAR was intended to effect a 
change, but the change was not implemented as intended, or where a 
conforming change should have been made to the CCL, but was 
inadvertently not made. In general, the public did not raise specific 
concerns regarding the changes described under this heading (2). The 
comments that were received highlighted additional specific examples 
that also warranted attention in the final rule: Commenter No. 8, as 
was discussed above under heading (1)(B)(Clarifying the use of the 
terms ``parts'' and ``components'' on the CCL), raised a concern that 
the proposed changes were not consistent with the multilateral export 
control regimes and that a regime change proposal would need to be 
approved before BIS implemented such changes to multilateral-based 
ECCNs, such as those controlled by the Wassenaar Arrangement. BIS does 
not agree with this comment for the reasons discussed above under 
heading (1)(B). BIS considered discussing these two comments here, but 
because the ``parts'' and ``components'' changes were described above 
under heading (1)(B), BIS decided to also include these two comments 
under the earlier discussion to group them with the other comments and 
BIS responses on the ``parts'' and ``components'' changes being 
implemented in this final rule.
(A) Conforming Changes for Limitations on Use of TSR for Wassenaar Very 
Sensitive List Items
    In implementing its commitment to exercise vigilance in the 
licensing of items listed on the Wassenaar Very Sensitive List, the 
United States has limited the use of License Exception TSR to a list of 
specifically identified countries for certain ECCNs. These limitations 
are contained in the TSR paragraph in the License Exception section of 
nine ECCNs (i.e., ECCNs 1E001, 5D001, 5E001, 6D001, 6D003, 6E001, 
6E002, 8D001 and 8E001) that control items on the Wassenaar Very 
Sensitive List and for which TSR has been authorized for some, or all 
of the ECCN.
    The TSR paragraph limitation was introduced in 1998, upon

[[Page 61886]]

implementation of the Wassenaar Arrangement (63 FR 2452), with a list 
of sixteen destinations eligible for TSR for Wassenaar Very Sensitive 
List items. Approximately one year later, Japan was added to the TSR 
paragraph limitation (64 FR 10852). In 2008, Australia and Norway were 
added to the TSR paragraph in ECCN 1E001, with the explanation that 
their original exclusion had been an oversight. Australia and Norway 
were not added to the other TSR paragraphs with Wassenaar Very 
Sensitive List limitations, creating an inconsistency.
    This final rule adopts a standardized list of countries under the 
EAR for the nine ECCNs. The use of this standardized list of countries 
simplifies the use of the TSR License Exception for these nine ECCNs 
and aid the public's understanding regarding which countries are 
eligible and not eligible to receive National Security (NS) controlled 
technology under these nine ECCNs. Commenter No. 7 supported the 
proposed change. BIS has recently determined that the thirty-six 
countries listed in License Exception Strategic Trade Authorization, 
Section 740.20(c)(1) of the EAR, are eligible for License Exception 
authorization for Wassenaar Very Sensitive List items. These 36 
countries are: Argentina, Australia, Austria, Belgium, Bulgaria, 
Canada, Croatia, Czech Republic, Denmark, Estonia, Finland, France, 
Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, 
Lithuania, Luxembourg, Netherlands, New Zealand, Norway, Poland, 
Portugal, Romania, Slovakia, Slovenia, South Korea, Spain, Sweden, 
Switzerland, Turkey, and the United Kingdom. This final rule revises 
the list of countries in the TSR paragraph for the nine ECCNs to state 
``those countries listed in Sec.  740.20(c)(1) (License Exception 
STA).'' The 17 countries (19 countries in 1E001) that were previously 
identified as being eligible for License Exception TSR under these 
ECCNs were a subset of the 36 STA-eligible countries. Therefore, this 
final rule adds the remaining 19 countries, except for 1E001 where this 
final rule adds the remaining 17 countries, as eligible countries to 
receive this type of technology through application of License 
Exception TSR under these ECCNs.
 (B) ECCN Changes To Conform to the Multilateral Export Control Regimes
    Commenters No. 5 and 7 noted they supported what they said was the 
``BIS'' effort to conform the CCL to multilateral export control regime 
control lists. Commenter No. 7 also noted they appreciated all the 
changes to make CCL language consistent with the MTCR, but they 
requested confirmation that their understanding of the intent and scope 
of the following proposed changes in the November 29 rule is correct: 
``missiles'' is replaced with rockets, missiles and UAVs to ensure 
Category 1 and 2 UAVs are captured; only UAV range is specified in 
1A101 and 9D105 to capture Category 1 and 2 MTCR items; UAV and payload 
are specified in 1D103 to only capture Category 1 subsystems; and UAVs 
are not included in 7E104 because the MTCR Annex is specific to 
optimization of rocket system trajectory, and does not include a 
control related to UAVs. Commenter No. 7's description of the intent 
and scope of these changes from the November 29 rule is correct. BIS 
received no other comments regarding these proposed changes, so BIS is 
implementing these changes, as proposed, in this final rule.
    ECCN 1A101. This final rule amends 1A101 by replacing the term 
``missiles'' in the heading with the phrase ``rockets, missiles, or 
unmanned aerial vehicles capable of achieving a ``range'' equal to or 
greater than 300 km'' to conform to the Missile Technology Control 
Regime (MTCR) Annex. BIS did not receive any comments on this change, 
so BIS is implementing this change, as proposed, in this final rule.
    ECCN 1D103. This final rule amends 1D103 by replacing the term 
``missiles'' in the heading with the phrase ``rockets, missiles, or 
unmanned aerial vehicles capable of delivering at least a 500 kg 
payload to a ``range'' equal to or greater than 300 km'' to conform to 
the MTCR Annex. BIS did not receive any comments on this change, so BIS 
is implementing this change, as proposed, in this final rule.
    ECCN 1E001. This final rule amends 1E001 by removing ECCN 1A008 
from the heading and NS controls paragraph. This change is made to 
conform to the Wassenaar Arrangement List of Dual-Use Goods and 
Technologies that does not extend to technology for 1A008. This change 
was not proposed in the November 29 rule, but was identified by BIS as 
an additional change that needed to be implemented to conform to the 
Wassenaar Arrangement. Therefore, BIS is implementing these changes in 
this final rule.
    ECCNs 2E001 and 2E002. Commenter No. 6 suggested expanding the 
scope of the exclusion in the headings in 2E001 and 2E002 by adding 
ECCN 2B999 to the list of commodities controlled in 2B that are not 
within the scope of 2E001 and 2E002. To support their position, this 
commenter noted that 2E001 and 2E002 control ``technology'' for all 
isostatic presses, regardless of capability. They further noted that 
even commercial MIG welders and industrial sewage pumps (e.g., ECCNs 
2B999.d and 2B999.j) are thus controlled. Commenter No. 6 asserted that 
given 2E001 and 2E002 are generally associated with high levels of 
control, there may be confusion when ``production'' ``technology'' for 
a MIG welder is classified 2E001, but the commodity is classified under 
an AT-only control. BIS agrees with Commenter No. 6 and is implementing 
these two changes in this final rule. The change being implemented in 
the final rule will exclude technology for 2B999, but the overall 
impact on the number of licenses received by BIS is expected to be 
minimal.
    ECCN 5D101. This final rule amends 5D101 by removing the term 
``items'' from the heading and adding the term ``equipment'' in its 
place. This rule will make this change to be consistent with the MTCR 
Annex. BIS did not receive any comments on this change, so BIS is 
implementing this change, as proposed, in this final rule.
    ECCNs 6A002 and 6A003. This final rule amends 6A002 and 6A003 by 
correcting a spelling error in the headings of these two ECCNs to 
remove the term ``therefore'' and replace it with ``therefor.'' These 
changes are being made to conform to the Wassenaar Arrangement List of 
Dual-Use Goods and Technologies that uses the term ``therefor'' for 
both of these entries. These two changes were not proposed in the 
November 29 rule, but were identified by BIS as additional changes that 
needed to be implemented to conform to the Wassenaar Arrangement. 
Therefore, BIS is implementing these changes in this final rule.
    ECCN 6D102. This final rule amends 6D102 by removing the term 
``goods'' from the heading and adding the term ``equipment'' in its 
place. This rule makes this change to be consistent with the MTCR 
Annex. BIS did not receive any comments on this change, so BIS is 
implementing this change, as proposed, in this final rule.
    ECCN 6D994. This final rule removes 6D994 to conform to a previous 
amendment to the EAR that imposed a control for these same items under 
6D003.c. BIS's intention when 6D994 was added to the CCL was to impose 
a control on this software until a control could be approved at the 
Wassenaar Arrangement and implemented in the EAR. When the final rule 
to add this software to 6D003.c was published, the intention was to 
remove 6D994. However, this entry was inadvertently retained at the 
time 6D003.c was added to the CCL, which may have caused

[[Page 61887]]

confusion for exporters trying to classify this type of software 
because the software meets the description of two software ECCNs. To 
address this oversight, this final rule removes 6D994 from the CCL, 
leaving 6D003.c as the control ECCN. BIS did not receive any comments 
on this change, so BIS is implementing this change, as proposed, in 
this final rule.
    ECCN 7D101. This final rule amends 7D101 by revising the heading to 
include 7A117 in the list of ECCNs for which 7D101 controls the 
software. 7A117 is a reference to a USML control based on the MTCR 
Annex. 7D101 controls the software of certain commodities controlled 
for MT reasons. This change is made to conform to the MTCR Annex. BIS 
did not receive any comments on this change, so BIS is implementing 
this change, as proposed, in this final rule.
    ECCN 7E104. This final rule amends 7E104 by replacing the term 
``missiles'' in the heading with the phrase ``rockets or missiles 
capable of achieving a ``range'' equal to or greater than 300 km'' to 
conform to the MTCR Annex. BIS did not receive any comments on this 
change, so BIS is implementing this change, as proposed, in this final 
rule.
    ECCN 9A107. This final rule amends 9A107 by revising the heading to 
replace the word ``engines'' with the word ``motors.'' This change is 
made to conform to the MTCR Annex. BIS did not receive any comments on 
this change, so BIS is implementing this change, as proposed, in this 
final rule.
    ECCN 9A110. This final rule amends 9A110 by revising the heading to 
include 9A109 in the list of ECCNs for which 9A110 controls the 
composite structures, laminates and manufactures thereof. 9A109 is a 
reference to a USML control based on the MTCR Annex. 9A110 controls the 
software of certain commodities controlled for MT reasons. This rule 
also amends 9A110 by replacing the defined term ``missiles'' with the 
phrase ``rockets, missiles, or unmanned aerial vehicles capable of 
achieving a ``range'' equal to or greater than 300 km.'' These changes 
are made to conform to the MTCR Annex. BIS did not receive any comments 
on these changes, so BIS is implementing this change, as proposed, in 
this final rule.
    ECCN 9A118. This final rule amends 9A118 by inserting the phrase 
``missiles, and unmanned aerial vehicles capable of achieving a 
``range'' ``equal to or greater than 300 km'' into the heading to 
conform to the MTCR Annex. Commenter No. 7 identified a typographical 
error in 9A118 where the word ``of'' was used, but the word ``to'' was 
intended. BIS accepts this change and is correcting the error in this 
final rule, so the parameter correctly reads, ``capable of achieving a 
range equal to or greater than 300 km.''
    ECCNs 9B001, 9B002, 9B003 and 9B004. Commenter No. 6 noted that the 
relationship between these four ECCNs and ECCN 9A001 could be made 
clearer as it relates to the MT controlled portions of these four 
ECCNs. This commenter noted that, as currently written, the equipment 
described in these four ECCNs is controlled for MT reasons if it is 
applicable to any engine whose characteristics are described in 9A001. 
However, this commenter suggested that rather than referencing 9A101 
obliquely through reference to 9A001 in the MT control(s) paragraphs in 
9B001, 9B002, 9B003, and 9B004, BIS should add the following sentence 
to the MT control(s) paragraph in these four ECCNs: ``MT applies only 
to equipment for engines that meet the characteristics described in 
9A101.'' BIS agrees that revising the MT control(s) paragraph in these 
four ECCNs would be helpful, but BIS decided to use different control 
text than to what was proposed by Commenter No. 6. BIS will revise the 
MT control(s) paragraph in these four ECCNs to indicate that the MT 
control applies to equipment for engines controlled under 9A001 for MT 
reasons and for engines controlled under 9A101. These changes are being 
implemented in this final rule.
    ECCN 9B115. This final rule amends 9B115 by revising the heading to 
include 9A103 in the list of ECCNs for which 9B115 controls the 
``production equipment.'' 9A103 is a reference to a USML control based 
on the MTCR Annex. 9B115 controls the ``production equipment'' of 
certain commodities controlled for MT reasons. This change is made to 
conform to the MTCR Annex. BIS did not receive any comments on this 
change, so BIS is implementing this change, as proposed, in this final 
rule.
    ECCN 9B116. This final rule amends 9B116 by revising the heading to 
include 9A103 in the list of ECCNs for which 9B116 controls the 
``production equipment.'' 9A103 is a reference to a USML control based 
on the MTCR Annex. 9B116 controls the ``production equipment'' of 
certain commodities controlled for MT reasons. This change is made to 
conform to the MTCR Annex. BIS did not receive any comments on this 
change, so BIS is implementing this change, as proposed, in this final 
rule.
    ECCN 9D103. This final rule amends 9D103 by revising the heading to 
include ECCNs 9A009, 9A107 and 9A109, and to expand the reference to 
9A105 from 9A105.a to the entire ECCN in the list of ECCNs for which 
9D103 controls certain ``software.'' ECCNs 9A009, 9A105, 9A107, and 
9A109 are references to USML controls based on the MTCR Annex. 9D103 is 
a reference to a USML control based on the MTCR Annex. This change is 
made to conform to the MTCR Annex. BIS did not receive any comments on 
this change, so BIS is implementing this change, as proposed, in this 
final rule.
    ECCN 9D104. This final rule amends 9D104 by revising the heading to 
include ECCNs 9A006, 9A007, 9A008, 9A009, 9A010, 9A115, 9A116, and 
9A106.e in the list of ECCNs for which 9D104 controls the ``software.'' 
9A006, 9A007, 9A008, 9A009, 9A010, 9A115 and 9A116 are references to 
USML controls based on the MTCR Annex. 9A106.e is controlled on the CCL 
for MT reasons. 9D104 controls the ``software'' of certain commodities 
controlled for MT reasons. This change is made to conform to the MTCR 
Annex. BIS did not receive any comments on this change, so BIS is 
implementing this change, as proposed, in this final rule.
    ECCN 9D105. This final rule amends 9D105 by replacing the term 
``missiles'' in the heading with the phrase ``rockets, missiles, or 
unmanned aerial vehicles capable of achieving a ``range'' equal to or 
greater than 300 km'' to conform to the MTCR Annex. BIS did not receive 
any comments on this change, so BIS is implementing this change, as 
proposed, in this final rule.

(3) Structural Changes To Improve the Clarity of the CCL

    ECCNs on the CCL follow the same basic paragraph structure, 
although not all ECCNs contain the same paragraphs. The common 
paragraph structure is intended to allow the public to quickly review 
ECCNs and to identify relevant paragraphs in each ECCN. This final rule 
is implementing changes to the standard section headings that are used 
in most ECCNs on the CCL. These changes affect most of the ECCNs on the 
CCL, but are being implemented through instructions instead of setting 
out each revision in the regulatory text. BIS is making the changes in 
this manner to save on the cost of implementing these structural 
changes. BIS's decision also took into account that the changes are not 
ECCN specific and are more focused on how the ECCN information is being 
communicated to the public. Each of the structural changes this rule 
implements improves the clarity of the CCL and is further described 
below. Commenter No. 6 noted that the clarification and background in 
the November 29 proposed rule on the placement of the phrase ``(see 
List of Items Controlled)''

[[Page 61888]]

is greatly appreciated, as is the addition of the phrase ``as follows 
(see List of Items Controlled)'' where necessary. Commenter No. 8 
questioned the use of ``as follows'' because they believed it was 
redundant in ECCNs that also use ``(see List of Items Controlled)'' at 
the end of the ECCN. BIS agrees that the use of the phrase ``as 
follows'' in this case is redundant. BIS is, however, not accepting 
this change in the final rule because ``as follows'' is used on the 
Wassenaar Arrangement's control lists and because ``(see List of Items 
Controlled)'' is a CCL convention.
    Commenter No. 7 noted they supported the structural changes, such 
as explicit references to Part 740, License Exceptions, references to 
Country Chart, and adding Reporting Requirements section to affected 
ECCNs. This commenter noted that these structural changes will increase 
understanding of license exceptions and the standardized structure will 
make it easier for exporters to use and comply with EAR. BIS agrees. 
Receiving no other comments on these changes, BIS implements these 
changes, as proposed, in this final rule.
    BIS also implements in this final rule these same structural 
changes to the new ECCNs added in the April 16 (initial implementation) 
rule and the July 8, 2013 final rule, Revisions to the Export 
Administration Regulations: Military Vehicles; Vessels of War; 
Submersible Vessels, Oceanographic Equipment; Related Items; and 
Auxiliary and Miscellaneous Items that the President Determines No 
Longer Warrant Control under the United States Munitions List (July 8 
(implementation) rule) (78 FR 22660). These are not corrections to the 
initial implementation rule and the July 8 (implementation) rule, but 
rather are conforming changes being made as a result of the changes 
included in this final rule. This final rule also includes 
clarifications to the April 16 (initial implementation) rule that are 
not limited to conforming changes with this final rule, but those are 
described below under (6) Clarifications to the April 16 (initial 
implementation) rule.
    Although the November 29 proposed rule was published before the 
initial implementation rule and the July 8 (implementation) rule, those 
final rules were published without the structural changes described 
here. At the time of publication of those final rules, their new ``600 
series'' ECCNs were consistent with the existing structure of the CCL. 
This final rule makes these structural changes to the ECCNs added in 
those two rules and adopts them for all subsequent rules that add new 
ECCNs described here.
    This final rule also includes clarifications to the April 16 
(initial implementation) rule that are not limited to conforming 
changes with this final rule. These changes are described below under 
the heading ``(6) Clarifications to the April 16 (initial 
implementation) rule.''
(A) Revision of License Exceptions Section Heading
    This final rule revises the License Exceptions section heading to 
add greater specificity. Specifically, this rule revises the section 
heading by changing it from ``License Exceptions'' to the more specific 
section heading of ``List-Based License Exceptions (See Part 740 for a 
description of all license exceptions).'' This rule also adds a 
parenthetical after the revised section heading to provide a cross 
reference to the license exceptions part of the EAR. This rule adds 
this cross reference because a definitive determination of whether a 
license exception may be used for a specific ECCN can only be made 
after also reviewing the applicable license exception provisions in 
part 740 of the EAR. BIS did not receive any comments on this change, 
so BIS is implementing this change, as proposed, in this final rule.
    This final rule also makes this change to the following ECCNs: 
9A610, 9A619, 9B610, 9B619, 9C610, 9C619, 9D610, 9D619, 9E610, and 
9E619, as added in the April 16 (initial implementation) rule (78 FR 
22718), which goes into effect on October 15, 2013. In addition, this 
final rule makes this change to the following ECCNs: 0A606, 0A617, 
0B606, 0B617, 0C606, 0C617, 0D606, 0D617, 0D617, 0E606, 0E617, 8A609, 
8A620, 8B609, 8B620, 8C609, 8D609, 8D620, 8E609, and 8E620, as added 
July 8 (implementation) rule (78 FR 40892), which goes into effect on 
January 6, 2014.
(B) Removal of the License Exception STA Paragraphs
    In order to implement the changes described above under (A) 
Revision of License Exceptions section heading, this final rule is also 
removing the License Exception STA paragraph in the License Exceptions 
section of the following seventy-nine ECCNs: 0A606, 0A617, 0B606, 
0B617, 0C606, 0C617, 0D606, 0D617, 0D617, 0E606, 0E617, 1A002, 1C001, 
1C007, 1C010, 1C012, 1D002, 1E001, 1E002, 2D001, 2E001, 2E002, 3A002, 
3B001, 3D001, 3E001, 4A001, 4D001, 4E001, 5A001, 5B001, 5D001, 5E001, 
6A001, 6A002, 6A003, 6A004, 6A006, 6A008, 6B008, 6D001, 6D003, 6E001, 
6E002, 7D003, 7E001, 7E002, 8A001, 8A002, 8A609, 8A620, 8B609, 8B620, 
8C609, 8D001, 8D002, 8E001, 8E002, 8D609, 8D620, 8E609, 8E620, 9A610, 
9A619, 9B001, 9B610, 9B619, 9C610, 9C619, 9D001, 9D002, 9D004, 9D610, 
9D619, 9E001, 9E002, 9E003, 9E610, and 9E619. This rule moves the text 
of those License Exception STA paragraphs to a new section titled 
``Special Conditions for STA.'' This rule is creating this new section 
immediately following the proposed ``List-Based License Exceptions (See 
Part 740 for a description of all license exceptions)'' instruction 
because the License Exception STA paragraphs do not perform the same 
function as the other list-based license exception paragraphs. This 
rule is not implementing any changes to the regulatory text included in 
the current License Exception STA paragraphs of these ECCNs. These STA 
changes include the thirty ``600 series'' ECCNs referenced above 
(0A606, 0A617, 0B606, 0B617, 0C606, 0C617, 0D606, 0D617, 0D617, 0E606, 
0E617, 8A609, 8A620, 8B609, 8B620, 8C609, 8D609, 8D620, 8E609, 8E620, 
9A610, 9A610, 9B610, 9B619, 9C610, 9C619, 9D610, 9D619, 9E610 and 
9E619) that were not included in the November 29 proposed rule, but are 
now included because ten of these ECCNs were published in the initial 
implementation rule and will be in the EAR on the effective date of 
this final rule, and the other twenty have been published in the July 8 
(implementation) rule. The July 8 (implementation) rule is not 
effective until January 6, 2014, but the changes being implemented in 
this rule will align these twenty ``600 series'' ECCNs with structural 
changes being made to the ECCN headings when that rule does become 
effective. The changes implemented in this rule are limited to adding a 
new section heading and moving the existing License Exception STA 
paragraphs in these seventy-nine ECCNs to the new STA section heading. 
BIS did not receive any comments on this change, so BIS is implementing 
this change, as proposed, in this final rule.
(C) Adding a Cross-Reference After Country Chart
    This final rule is revising the ``Country Chart'' paragraph heading 
in the License Requirements section to add a parenthetical to indicate 
where the public can find the Country Chart. The revised Country Chart 
paragraph heading will now read ``Country Chart (See Supp. No. 1 to 
part 738).'' Not all ECCNs include a Country Chart paragraph and a 
small number of ECCNs do not rely on the Commerce Country Chart for 
determining destination-based

[[Page 61889]]

license requirements. Most ECCNs, however, are structured to refer to 
the information contained in the Country Chart paragraph in Supplement 
No. 1 to part 738 to identify destination-based license requirements. 
The changes in this rule will clarify that for the ECCNs that use this 
structure, exporters, reexporters and transferors need to refer to the 
Country Chart in Supplement No. 1 to part 738 to determine destination-
based license requirements. For experienced exporters, reexporters, and 
transferors, this structure is well understood. The new cross 
references are primarily intended for those exporters, reexporters, and 
transferors who are new to the EAR and who may not as readily 
understand the relationship between this standard ECCN paragraph and 
Supplement No. 1 to part 738. The new parenthetical phrase at the end 
of the Country Chart paragraph will make the relationship explicit. BIS 
did not receive any comments on this change, so BIS is implementing 
this change, as proposed, in this final rule.
    This final rule also makes this change to the following ECCNs: 
9A610, 9A619, 9B610, 9B619, 9C610, 9C619, 9D610, 9D619, 9E610, and 
9E619, as added in the April 16 (initial implementation) rule (78 FR 
22718), which goes into effect on October 15, 2013. In addition, this 
final rule also makes this change to the following ECCNs: 0A606, 0A617, 
0B606, 0B617, 0C606, 0C617, 0D606, 0D617, 0D617, 0E606, 0E617, 8A609, 
8A620, 8B609, 8B620, 8C609, 8D609, 8D620, 8E609, and 8E620, as added 
July 8 (implementation) rule (78 FR 40892), which goes into effect on 
January 6, 2014.
(D) Adding a New ``Reporting Requirements'' Section to Certain ECCNs
    Some ECCNs include references to reporting requirements, which are 
typically found either in License Requirement notes or in notes to the 
``items'' paragraphs in the List of Items Controlled section. BIS has 
adopted a standardized paragraph structure for ECCNs, as much as 
possible, to assist the public in classifying items. A standardized 
paragraph structure helps the public classify items by putting the 
information contained in an ECCN into a useable and easily recognizable 
format. The current reporting requirements, which are found in various 
sections and paragraphs of the individual ECCNs, deviate from this type 
of standardized structure. To address this issue, this final rule is 
adding a new section heading called Reporting Requirements where the 
existing reporting requirements found in ECCNs will be consolidated. 
This rule is not making any changes to the scope of current reporting 
requirements. This standardized structure will aid in compliance with 
the reporting requirements and assist exporters in more quickly and 
easily identifying ECCNs subject to reporting requirements. The rule is 
adding the new Reporting Requirements section heading immediately 
before the License Exceptions section.
    To implement this change in Supplement No. 1 to part 774 (the 
Commerce Control List), this final rule removes the ``License 
Requirements Notes'' paragraphs in the License Requirements section in 
the following forty-three ECCNs: 1A002, 1C007, 1C010, 1D002, 1E001, 
1E002, 2B003, 2D001, 2E001, 2E002, 3A002, 3B001, 3D001, 3E001, 4A001, 
4E001, 5A001, 5B001, 5D001, 5E001, 6A001, 6A002, 6A003, 6A004, 6A006, 
6A008, 6B008, 6D001, 6D003, 6E001, 6E002, 8A001, 8A002, 8D001, 8D002, 
8E001, 8E002, 9B001, 9D001, 9D002, 9E001, 9E002 and 9E003. In forty-two 
of these ECCNs and in six additional ECCNs: 1C001, 4D001, 7D002, 7D003, 
7E001, 7E002, this rule adds the new section entitled ``REPORTING 
REQUIREMENTS See Sec.  743.1 of the EAR for reporting requirements for 
exports under License Exceptions, Special Comprehensive Licenses, and 
Validated End-User authorizations'' after the License Requirements 
section in each of these respective ECCNs. BIS is adding the 
``REPORTING REQUIREMENTS'' paragraph to ECCNs 1C001, 4D001, 7D002, 
7D003, 7E001 and 7E002 to alert exporters that reporting requirements 
were imposed on these ECCNs in the April 16 (initial implementation) 
rule through the changes to Sec.  743.1 and the addition of the 
Wassenaar Arrangement Sensitive and Very Sensitive Lists as Supplements 
Nos. 6 and 7 to Part 774. In ECCN 6A003, this rule adds a Reporting 
Requirement section with a more detailed statement describing the 
specific reporting requirement applicable to that ECCN. This rule also 
changes the new Reporting Requirements section to ensure that the text 
conforms to the listing of authorizations in Sec.  743.1 that require 
reporting to BIS. Lastly, this rule removes the License Requirement 
Note in 3B001, but does not add a Reporting Requirements section 
because 3B001 is not identified in Sec.  743.1, so the reference is no 
longer needed.
    Commenter No. 8 requested that additional explanation be provided 
regarding the role of other License Requirements Notes on the CCL and 
whether such notes should be renamed to better reflect their role in 
those ECCNs. This commenter noted that unlike other elements of an 
ECCN, the EAR does not address what significance exporters should give 
such notes when interpreting an ECCN. This commenter noted that it 
would stand to reason that these notes are commentary relevant to 
``License Requirements'' section. That section, however, addresses 
reasons why export of an item might require a license, whereas notes 
often purport to address substantive scope of an ECCN. BIS does not 
believe any additional renaming of the License Requirements Notes is 
needed at this time, but BIS will continue to review this issue as an 
additional option for making the CCL clearer. At this time, the License 
Requirements Notes tend to have an ECCN-specific meaning, typically 
describing in greater detail the scope of the ECCN or the license 
requirements applicable to a specific ECCN.
    Commenter No. 8 also provided the example of the License 
Requirement Note 1 to 1C351, which states that certain medical products 
containing most ECCN 1C351 toxins are excluded from 1C351, to 
illustrate his concern and request for guidance. Commenter No. 8 
asserted that this creates the impression 1C351 would control medical 
products containing some toxins listed in that ECCN, or possibly even 
other items covered by 1C351. The ``items'' paragraph of 1C351, 
however, covers only stand-alone viruses, bacteria, toxins and fungi. 
The EAR require that all items controlled under a given ECCN be set out 
in a positive list in the ``items'' paragraph, but ECCN 1C351's 
``items'' paragraph does not identify any item that contains a toxin, 
virus, etc., contrary to the implication created by License Requirement 
Note 1. The commenter also contended that BIS takes the position that 
ECCN 1C351 does control items containing such ECCN 1C351 items. In 
addition to the general response above on the comment for renaming the 
License Requirements Notes, BIS provides this specific guidance on the 
meaning of the License Requirement Note in 1C351. The License 
Requirement Note is explicit regarding what is excluded from 1C351 and 
what is classified as 1C991 by specifying in the last sentence of the 
License Requirement Note that ``vaccines, immunotoxins, certain medical 
products, and diagnostic and food testing kits excluded from the scope 
of this entry are controlled under ECCN 1C991.'' Other products may be 
1C351, such as tissue samples that have pathogens. However, if this 
person or

[[Page 61890]]

any other person has a question regarding the classification of a 
particular material or the applicability of a License Requirements 
Note, he or she may submit a commodity classification request to BIS 
using the SNAP-R online submission system. BIS did not receive any 
other comments on this change, so BIS is implementing it, as proposed, 
in this final rule.
    (E) Section 738.2(d)(2)(Reading an ECCN). Commenter No. 8 noted 
that the explanations in the November 29 proposed rule of the 
relationship between the heading of an ECCN and its ``items'' 
paragraph, and the significance of the placement of the phrase ``(see 
List of Items Controlled)'' in the heading, are at odds with the 
instructions on reading an ECCN in Sec.  738.2(d)(2) of the EAR. 
Section 738.2(d)(2) states that the ``items'' paragraph in the List of 
Items Controlled section is the list of items controlled under that 
ECCN and that if the header is a complete list, the ``items'' paragraph 
consists solely of a note directing the reader to review the heading.
    BIS accepts this comment and revises Sec.  738.2(d)(2) of the EAR 
to address the commenter's concerns, and adds new paragraphs 
(d)(2)(iv)(C)(1), (2), and (3) to provide examples of the three 
different uses of the phrase ``(see List of Items Controlled)'' in ECCN 
headings. Understanding the relationship between the heading and the 
``items'' paragraph is important when classifying items that are 
``subject to the EAR'' on the CCL and these examples will assist the 
public's understanding of these provisions of the EAR. These revisions 
reflect that the ECCN heading is a list of the items controlled in the 
ECCN and that the ``items'' paragraph in the List of Items Controlled 
section will completely describe portions of the ECCN heading subject 
to control if the phrase ``(see List of Items Controlled)'' is in the 
heading. If the phrase ``(see List of Items Controlled)'' does not 
appear in the heading, the heading is complete. An example of such a 
heading is ECCN 4E980 ``[t]echnology'' for the ``development,'' 
``production'' or ``use'' of commodities controlled by 4A980. ECCNs 
0A982, 3A292, 5D101, 8D001, and 9A002 are other examples where the 
heading is the exclusive description of the items classified under 
those respective ECCNs.
    If the phrase ``(see List of Items Controlled)'' appears at the end 
of the heading, the ``items'' paragraph in the List of Items Controlled 
section is a complete, exclusive description of the items controlled 
under that ECCN and the heading is merely for reference purposes. An 
example of an ECCN where all of the heading text precedes the phrase 
``(see List of Items Controlled)'' is ECCN 8A002 Marine systems, 
equipment, ``parts'' and ``components,'' as follows (see List of Items 
Controlled). ECCNs 1A001, 3A001, 6A001, 7A004, and 9A012 are other 
examples where all of the heading text precedes the phrase ``(see List 
of Items Controlled).''
    If the phrase ``(see List of Items Controlled)'' appears in the 
middle of the heading, the ``items'' paragraph in the List of Items 
Controlled section is a description of the items controlled under that 
ECCN for the portion of the heading that preceded the phrase. However, 
any portion of the heading that follows the phrase ``(see List of Items 
Controlled)'' is to be read in addition to the ``items'' paragraph. An 
example of such a heading is ECCN 2B992 Non-``numerically controlled'' 
machine tools for generating optical quality surfaces, (see List of 
Items Controlled) and ``specially designed'' ``parts'' and 
``components'' therefor. ECCNs 1A006, 3B992, 4A001, 6A006, and 7A001 
are other examples where the phrase ``(see List of Items Controlled)'' 
appears in the middle of the ECCN heading. BIS has identified seven 
additional ECCNs that require the phrase ``(see List of Items 
Controlled)'' in the ECCN headings: 1C350, 1C355, 1C992, 2A991, 3B992, 
5A992, and 9A004. In each of these ECCNs, the heading is not a complete 
description of the items controlled under that ECCN and the ``items'' 
paragraph of the List of Items Controlled section details the items 
controlled. Therefore, BIS implements the changes suggested by the 
commenter in this final rule.
(F) Addition of Guidance on the Use of Quotation Marks on the CCL
    In addition to the changes described below for Sec.  774.1, this 
final rule also revises this section to add a new paragraph (d) 
entitled Conventions related to the use of quotation marks on the CCL. 
This new paragraph provides guidance on the use of quotation marks on 
the CCL. This guidance is not a substantive change to the CCL and is 
limited to providing guidance on BIS's current practice as it relates 
to the use of quotation marks on the CCL. BIS did not propose this in 
the November 29 proposed rule, but identified this as an additional 
non-substantive clarification that could be made to the CCL. Therefore, 
BIS is implementing this change in this final rule.
    As background for this new guidance, part 772 includes definitions 
for terms used in the EAR. Throughout the EAR, but most prevalent in 
the CCL, BIS uses the convention of double quotes to identify terms 
that are defined in part 772. If a term on the CCL uses double quotes, 
it means it is a defined term in part 772. However, the absence of 
double quotes does not mean that a term used on the CCL is not defined 
in part 772. Because the CCL includes many terms that are defined in 
part 772, BIS's practice is to use double quotes for certain defined 
terms and when it is needed for consistency with multilateral export 
control regime based entries, such as many derived from control lists, 
in particular for the Wassenaar Arrangement that also uses the double 
quotes convention. However, because of the large number of defined 
terms used on the CCL and a desire to avoid hindering readability by 
placing quotes around too many terms used in particular ECCNs, BIS's 
practice is to not add double quotes around certain terms, such as 
items and commodities.
    The CCL also includes a convention regarding the use of single 
quotes. Single quotes on the CCL identify a term as a defined term in 
the context of a particular ECCN. However, even within BIS or other 
parts of the U.S. Government these conventions as they relate to the 
use of quotes can sometimes become more complex than needed. As a 
longer term project, BIS intends to conduct a review on the use of 
quotation marks on the CCL and in the larger EAR to determine if a 
simpler approach could be developed, such as possibly eliminating the 
use of double quotation marks to avoid the incorrect negative inference 
that the only defined terms are those with double quotation marks. The 
opposite end of the spectrum would be to add quotes around all defined 
terms, but that would hinder the readability of the CCL.
    The use of quotation marks on the CCL is intended to be an aid to 
alert the reader to terms used on the CCL that are defined in part 772. 
In this sense the quotes are helpful, but a good compliance practice is 
to familiarize yourself with part 772 and the terms that are defined 
there, and when reviewing a control parameter on the CCL that uses a 
term that is not in quotes to be aware it may be defined in part 772.

(4) Removal of Fourteen ECCNs Subject to the Exclusive Jurisdiction of 
the Nuclear Regulatory Commission (NRC)

(A) Removal of Fourteen ECCNs
    In the November 29 proposed rule, BIS proposed removing fourteen 
ECCNs to eliminate certain cross-references to controls that are under 
the exclusive jurisdiction of other agencies. The

[[Page 61891]]

current CCL includes forty-nine ECCNs that refer to items that are 
subject to the exclusive jurisdiction of the Department of Energy 
(DOE), the NRC, or the Department of State. They constitute 
approximately 10% of the total number of ECCNs on the CCL. Of the 
forty-nine ECCNs, fourteen are subject to the export licensing 
authority of the NRC at 10 CFR part 110. This final rule is removing 
these fourteen ECCNs from the CCL. The fourteen ECCNs are 0A001, 0B001, 
0B002, 0B003, 0B004, 0B005, 0B006, 0C001, 0C002, 0C004, 0C005, 0C006, 
0C201 and 1C012. These ECCNs are Nuclear Trigger List items, so the 
jurisdiction of these items is already established under U.S. export 
controls and, as explained below, there is no need to include this 
additional cross reference from the CCL to the controls maintained by 
the Nuclear Regulatory Commission.
    BIS's original purpose for including these ECCNs on the CCL was to 
supplement Sec.  734.3 (Items subject to the EAR) under paragraph 
(b)(1), which describes items that are not subject to the EAR because 
they are subject to the exclusive jurisdiction of another agency of the 
U.S. Government, and to supplement the jurisdiction information for the 
other U.S. Government agencies found in Supplement No. 3 to part 730 
(Other U.S. Government Departments and Agencies with Export Control 
Responsibilities). BIS also included these ECCNs to better align the 
CCL with the European Union's control lists that are primarily based on 
the multilateral export control regimes. However, by including 
references to other agencies' controls in specific ECCNs there is the 
potential that such ECCN references will become out of date if the 
other agencies update their respective regulations and the 
corresponding changes are not made in the EAR in a timely manner.
    For example, on September 7, 2011 (76 FR 55278), the National 
Nuclear Security Administration, Department of Energy (DOE), published 
a notice of proposed rulemaking that proposed various amendments to 
regulations concerning unclassified assistance to foreign atomic energy 
activities. These proposed revisions were intended to reduce 
uncertainties for industry users concerning which foreign nuclear 
related activities by U.S. persons are ``generally authorized'' under 
the regulation and which activities require a ``specific 
authorization'' from the Secretary of Energy. However, if the ECCNs on 
the CCL that currently refer to DOE and the NRC controls are not 
updated, the uncertainties for exporters, reexporters and transferors 
would increase because of inconsistencies among the regulations. This 
rule only removes the fourteen ECCNs that refer to NRC controls. The 
ECCN that refers to DOE export controls is ECCN 0E001, and that ECCN is 
not being removed at this time because it also includes certain 
portions of the entry that are ``subject to the ITAR.'' However, to 
avoid uncertainties for exporters, reexporters and transferors as noted 
in the example above, BIS will endeavor to remove cross references to 
ECCNs that refer to DOE and NRC controls to avoid inconsistencies among 
regulations. Given that the NRC respective regulations are controlling 
in this area and these ECCNs are only acting as a cross reference, BIS 
proposed the removal of these ECCNs in the November 29 rule.
    Although BIS proposed to remove the cross-references, BIS has 
determined there still is utility in including general cross references 
to other agencies' controls, including after the review of the comments 
received in response to the November 29 rule. Thus, this final rule 
includes a general cross reference at the beginning of the CCL in a 
revised Sec.  774.1 (Introduction) that contains those ECCNs that have 
been reserved and are subject to the exclusive jurisdiction of another 
agency of the U.S. Government. In addition, the related control 
paragraphs of ECCNs contain cross references to controls of other 
agencies to the extent that such controls are similar to or related to 
the controls of certain ECCNs.
    The remaining thirty-five of the forty-nine ECCNs refer to items 
that are ``subject to the ITAR,'' which is maintained by the Department 
of State. Given the ongoing review of the United States Munitions List 
(USML) that is being conducted under the ECR Initiative, it is 
premature to remove or revise these thirty-five ECCNs. In addition, 
given the number of cross references, in particular in Categories 7 and 
9 of the CCL, to these thirty-five ECCNs, BIS determined that removing 
the ECCNs that are ``subject to the ITAR'' should be addressed once the 
review of the USML has been completed. Therefore, BIS is not 
implementing any additional changes in this final rule for those 
remaining 35 ECCNs.
    BIS received two comments on these proposed changes in the November 
29 rule. One commenter supported and one commenter opposed the changes. 
Commenter No. 7 supported the removal of the fourteen ECCNs, stating 
that these changes will avoid regulatory confusion and eliminate the 
need for BIS to continually update controls administered by a different 
agency. BIS agrees. Commenter No. 3 opposed the removal of these 
fourteen ECCNs, stating that the removal of the fourteen ECCNs would 
not result in clarity but rather in complexity. Commenter No. 3 
included a number of reasons supporting their position and also 
included suggested alternatives. BIS reviewed these comments and 
responds to these comments below. BIS's analysis also included 
conducting analysis of data in the Automated Export System (AES) for 
these fourteen ECCNs to further evaluate these changes. The analysis of 
the AES data in particular highlighted for BIS and the NRC that these 
cross references have not been reported properly in AES in certain 
cases, such as EAR license exceptions or No License Required (NLR) 
designations being reported for some of these fourteen ECCNs that are 
subject to the NRC. BIS is working with the U.S. Census Bureau and the 
NRC at this time to create a change in AES that will create a fatal 
error for AES filers who try to use any type of EAR authorization or 
NLR designation for these fourteen ECCNs that are subject to the 
exclusive jurisdiction of the NRC and that are being removed from the 
CCL in this final rule. BIS addresses the comments received below, but 
the review of the AES data also played an important role in informing 
BIS's decision to move forward with the implementation of the removal 
of these fourteen ECCNs as proposed in the November 29 rule with minor 
modifications based on the review of the public comments.
    Commenter No. 3 indicated the removal of the fourteen ECCNs leaves 
exporters without valid ECCNs and no viable alternative is offered. 
Commenter No. 3 noted the proposed replacement list in Sec.  774.1 of 
the EAR is little more than a difficult-to-find and difficult-to-use 
footnote. BIS understands that certain exporters are more comfortable 
with using the CCL than the NRC's control list, but the fact remains 
these items are not subject to the EAR. Therefore, although these 
fourteen ECCNs alert the public that these items are subject to the 
exclusive jurisdiction of the NRC, exporters still must review the 
NRC's control list and regulations to determine their responsibilities 
under the NRC regulations. There is and can be no easy substitute for 
reviewing the NRC's control list. The new CCL Order of Review that was 
added to the EAR in the initial implementation final rule published on 
April 16, 2013 further clarified this issue in terms of the proposed 
order of review of the CCL. If the item is not subject to the EAR

[[Page 61892]]

because it is subject to the exclusive jurisdiction of another U.S. 
Government export control agency, you should exit the EAR and consult 
the other agency's controls. Other parts of the EAR, such as Supplement 
No. 3 to part 730 referenced above and Sec.  734.3(b), also address 
this issue. BIS has made some changes to Sec.  774.1 to make those 
references more useful as a historical reference to these fourteen 
ECCNs and to also act as a better cross reference to the multilateral 
export control regime entries that applied to these fourteen ECCNs at 
the time of their removal.
    Commenter No. 3 also noted the negative impact on Customs and 
Border Protection (CBP) because CBP cannot rely on those fourteen ECCNs 
anymore. The commenter noted that the NRC's regulations under 10 CFR 
part 110 do not use the standard ECCN format, so Customs cannot 
directly relate ECCNs on the shipping document to NRC export controls. 
The commenter noted if these fourteen ECCNs are removed as proposed in 
the November 29 rule, Customs officers would need to refer to an old 
version of the CCL or possibly to the European Union (EU) control list. 
BIS does not agree with this comment. CBP does not and should not rely 
on the CCL for items that are subject to the exclusive jurisdiction of 
another agency of the U.S. Government. For items described in these 
fourteen ECCN cross references or any other item that is subject to the 
exclusive jurisdiction of the NRC, CBP evaluates whether the item is 
subject to the exclusive jurisdiction of the NRC and whether it is 
being exported in accordance with the NRC's regulations. The EAR does 
not enter into their analysis. If there is any question regarding the 
jurisdiction or classification of the item or whether it is being 
exported in accordance with the NRC regulations, CBP would follow up 
directly with the NRC, similar to what is done under the EAR for items 
that are subject to the EAR. As noted above, the NRC's list and 
regulations control the transaction; therefore, CBP would refer 
directly to the NRC's list.
    Commenter No. 3, who opposes the change, also noted that if the 
fourteen NRC ECCNs were removed from CCL, an exporter could erroneously 
choose to use no ECCN, to invent a non-standard ECCN, or to use the 
(now questionably-documented) former CCL ECCN. As BIS noted in response 
to the previous comment, the exporter should use the classification for 
the item based on the NRC's control list. The exporter should also use 
the applicable NRC authorization or designation when entering data in 
AES. Under no circumstances should an EAR authorization or NLR 
designation be used in AES for an item that is subject to the exclusive 
jurisdiction of the NRC. As noted above, BIS and the NRC are working 
with the U.S. Census Bureau to create a fatal error, which is expected 
to be implemented in 2014, to prevent filers from being able to 
reference EAR authorizations or the NLR designation.
    Commenter No. 3 also noted the proposed language for some ECCNs is 
cumbersome, awkward and confusing. Commenter No. 3 offered ECCN 3A233 
as an example, stating the proposed language is cumbersome and awkward, 
requiring 40 words (including two defined terms) to describe an 
exclusion that the current language accomplishes in six words. On a 
related issue this commenter stated that the proposed changes do not 
prevent cross-references from becoming out of date, and therefore might 
not reduce maintenance. In the existing CCL, the NRC ECCNs are clearly 
partitioned from the BIS ECCNs, but the proposed rule would blur the 
distinction, in some cases by adding Heading Notes (e.g., 3A225) and in 
other cases modifying the chapeau itself (e.g., 3A233). The commenter 
noted that both approaches incorporate more tightly into the CCL the 
NRC control language that BIS wishes to remove. The commenter asserted 
that the probable outcome of this proposal would increase rather than 
decrease BIS maintenance. As a result of BIS's review of these 
comments, BIS has made changes in the final rule. BIS will not be 
implementing the Heading Notes. In other places where a large amount of 
text was needed, BIS has removed the detailed description of the NRC 
controls in ECCNs that previously referenced one or more of the 
fourteen ECCNs being removed. This final rule instead includes a 
general reminder that items that are subject to the exclusive 
jurisdiction of the NRC are not subject to the scope of the particular 
ECCN in question. For example, 3A233, which was identified by the 
commenter as overly complex and ambiguous as proposed for revision in 
the November 29 rule, is simplified in this final rule as described in 
the next paragraph, along with similar changes being made on the CCL 
for those conforming changes to the fourteen ECCNs being removed in 
this final rule.
    The changes in this final rule to 3A233 clarify the mass 
spectrometers controlled under this ECCN do not include ``items that 
are subject to the export licensing authority of the Nuclear Regulatory 
Commission (see 10 CFR part 110).'' This concept is already specified 
in other parts of the EAR, including the new CCL Order of Review 
referenced above, but BIS believes this simplified approach will 
address the concern noted by the commenter, while still alerting the 
public that certain items related to 3A233 may be subject to the NRC's 
regulations. BIS is making changes to similar ECCNs where conforming 
changes are being made, in particular to those ECCNs where new heading 
notes were proposed. BIS will continue to evaluate the best approach 
for referencing the NRC's controls and in the future may simply add 
such information to the ``related controls'' paragraphs of these ECCNs 
that are subject to the EAR. However, for purposes of the changes being 
implemented in this final rule, BIS has determined this modified 
approach best achieves the objectives of the rule to remove these 
fourteen ECCNs and to make appropriate conforming changes to the CCL 
ECCNs where needed, while not re-creating the need to update the CCL to 
track with changes to the NRC regulations. The commenter correctly 
noted this was one of the rationales provided for the November 29 
changes. BIS agrees with the commenter that a slightly revised approach 
is needed in this final rule to achieve those objectives.
    Commenter No. 3 also noted that timely maintenance of the NRC ECCNs 
might not be needed. This commenter believed the existing structure of 
the CCL provides clear and adequate notice to exporters that certain 
items are subject to the export licensing jurisdiction of the NRC. 
Therefore, timely maintenance of fourteen NRC ECCNs in the CCL is not 
required. For the reasons noted above, BIS does not agree with this 
comment; NRC's regulations would control the transaction, not the CCL, 
regardless of whether the commenter believes the CCL is an easier list 
to review. The commenter may wish to contact the NRC and make 
suggestions for how the NRC control list could be reconfigured to make 
it more user friendly and more consistent with the structure used by 
the multilateral export control regimes. The premise that CCL entries 
are controlling or that the CCL entries can be relied on is incorrect. 
This analytical approach demonstrates an incorrect overreliance on the 
CCL for items that are not subject to the EAR, and further reinforces 
BIS's decision to remove these fourteen ECCNs.
    Commenter No. 3 also noted that because the Nuclear Trigger List 
rarely changes, it is not difficult to stay current with it. BIS agrees 
that the Nuclear Trigger List rarely changes, but given the importance 
of exporters making a correct determination regarding the

[[Page 61893]]

export control jurisdiction for an item, and the fact that there is a 
real possibility of the NRC control list and the CCL entries' becoming 
inconsistent due to ill-timed updating, BIS has determined that the 
best approach is to create a clean break between the CCL and the NRC 
regarding items that are subject to the exclusive jurisdiction of the 
NRC.
    Commenter No. 3 also noted the NRC rule example cited in the 
November 29 proposed rule did not change the Nuclear Trigger List. The 
cited NRC rule only clarified when a license was required. This 
commenter is correct, but based on the commenter's earlier comments 
about relying on the CCL and the fact that it appears from the AES data 
that certain exporters may not be referring at all to the NRC 
regulations and simply relying on one of those fourteen ECCNs and using 
an EAR authorization or NLR designation, any change to the NRC 
regulations in particular regarding license requirements is still 
relevant. In addition, there are other examples where the current NRC 
controls may have greater or less specificity than what is currently 
reflected on the CCL, which again speaks to the importance of 
exporters' reviewing the actual NRC control lists instead of relying on 
the CCL to perform that function for them. This commenter also 
suggested that ECCN 0B002 contains an error and does not match the 
Nuclear Trigger List.
    BIS reviewed ECCN 0B002 and concluded that the current 0B002 is 
consistent with the multilateral control list. However, this example 
provides further support for the decision to remove the fourteen ECCNs 
so that all descriptions of NRC controls will be in NRC regulations.
    BIS provides this paragraph to provide additional background on the 
reference above to the Nuclear Trigger List and how that fits in with 
the U.S. export control system. The Nuclear Suppliers Group controls 
two groups of items. The Part 1 Annex, which is often referred to as 
the Trigger List, controls those items that are uniquely nuclear, such 
as nuclear reactors and components; centrifuges and other enrichment 
equipment; nuclear materials such as uranium and plutonium; heavy water 
facilities, etc. These and other related items are controlled by the 
NRC under 10 CFR Part 110. The related Part 1 technology is controlled 
by the Department of Energy under 10 CFR Part 810. The Part 2 or Dual 
Use annex, covers those items that have both a nuclear and non-nuclear 
end use such as machine tools, pressure transducers, mass 
spectrometers, etc. and are under the licensing jurisdiction of the 
Department of Commerce. The International Atomic Energy Agency (IAEA) 
publishes both annexes under INFCIRC/254/Part1 and INFCIRC/254/Part 2. 
They may also be viewed on the Nuclear Suppliers Group Web site.
    Commenter No. 3 also noted that the complexity of text could 
potentially also create burden for U.S. companies in the event that 
foreign export control authorities were to request clarification on 
whether the scope of, for example, U.S. ECCN 3A233 is equivalent to the 
scope of their national ECCN 3A233. BIS does not see this as a burden 
and also does not see this as the type of information that should be 
expected to be provided by a U.S. company. The U.S. Government is 
available to answer any questions from foreign parties, including other 
regime member governments, about how U.S. export control lists 
correspond with multilateral export control regime control lists. 
Therefore, if a U.S. company receives such a request, they may simply 
direct those foreign parties to contact the applicable agency of the 
U.S. Government, in this case the NRC, for resolution.
    Commenter No. 3 noted that alignment with the EU control list 
remains a worthwhile goal. The commenter noted that the November 29 
proposed rule did not seek to explain why this goal is no longer 
worthwhile. BIS has added in this final rule references to the 
multilateral export control regimes' control list to partially address 
this comment. The U.S. export control system implements U.S. Government 
commitments to the multilateral export control regimes in each of the 
respective agency control lists as applicable for the particular 
regimes. The removal of these fourteen ECCNs does not change the 
commitment of the U.S. Government to control such items that are 
reflected in the NRC control list. For the reasons noted above, though, 
not removing these fourteen ECCNs on the CCL may cause ambiguity 
regarding the proper export control jurisdiction between the CCL and 
the NRC's control lists. For that reason, this final rule removes those 
entries and replaces them with more general cross references to the 
NRC's control lists.
    Commenter No. 3 noted that the removal of these ECCNs could set an 
undesirable precedent. This commenter believed U.S. action to split 
what had hitherto been a single control list into multiple lists could 
establish a precedent for other countries to do likewise--resulting in 
more complexity in global export control system. BIS does not agree the 
removal sets a bad precedent for other countries. Each country that is 
a member of the multilateral export control regimes implements those 
multilateral agreements into its own export control system, including 
determining what types of agency structure (single agency or multiple 
agencies) and type of control list (single control list or multiple 
control lists) is most appropriate under its respective national export 
controls. The importance is placed on implementing U.S. Government 
multilateral regime commitments, which the U.S. Government has done. 
This includes the removal of these fourteen ECCNs that, although the 
cross-references to the NRC controls are being removed from the CCL, 
are still controlled under the NRC. Therefore, the U.S. Government is 
meeting its obligations to the Nuclear Suppliers Group and other 
regimes as applicable, so BIS does not agree that the removal of these 
fourteen ECCNs will set a bad precedent.
    Commenter No. 3 noted that these removals are contrary to the 
``single control list'' goal of export control reform. BIS does not 
agree. The NRC and DOE regulations are not currently part of the single 
list objective of the ECR Initiative, so there is no inconsistency with 
this ECR objective.
    Commenter No. 3 also offered two options for BIS to consider 
instead of removing these fourteen ECCNs, along with various proposed 
conforming changes to other ECCNs. The first option was retaining these 
ECCNs because it creates an easy way to identify and classify these 
items. The commenter asserted that retention of the fourteen NRC ECCNs 
on the CCL would provide a natural method for U.S. exporters to use an 
ECCN that is automatically and instantaneously recognized by all 
parties (exporter, importer, licensing officer, or enforcement officer) 
worldwide. For the reason discussed above in this section under (4)(A), 
BIS does not accept this approach.
    The second option was to retain the fourteen ECCNs, but limit them 
to the headings with a cross reference back to the NRC. Under this 
alternative, the regulations would not remove the fourteen ECCN 
chapeaux within the CCL, but instead would delete the various 
subparagraphs of those ECCNs, and for ``List of Items Controlled'' 
indicate ``refer to NRC at 10 CFR 110.'' Simultaneously (so as to 
preclude the scenario described in option 1, above), the commenter 
suggested that BIS undertake joint BIS/NRC action to update the NRC 
control list to use the standard ECCN format. As noted above,

[[Page 61894]]

BIS has simplified the cross references to these fourteen ECCNs that 
were removed in the ECCNs that are retained on the CCL based, in part, 
on this comment. However, for the reasons noted above, BIS believes 
removing the fourteen ECCNs is the best way to achieve the policy 
objectives identified, so BIS does not accept this change.
(B) Changes to the CCL To Conform to the Removal of These Fourteen 
ECCNs
    In addition to removing the fourteen ECCNs, this final rule also 
makes conforming changes to eleven ECCNs that would be retained on the 
CCL. The ECCNs that are revised by this rule contain references to one 
or more of the fourteen ECCNs that are being removed.
    The removal of the fourteen ECCNs should not affect the existing 
controls for items subject to the EAR. However, given the relationship 
between the fourteen ECCNs removed and the ten ECCNs where conforming 
changes were made, BIS noted in the November 29 proposed rule that it 
was particularly interested whether the proposed changes accurately 
capture the intent of the previous references (i.e., the references to 
the fourteen ECCNs that would be removed in the ten ECCNs that are 
retained on the CCL). These comments and BIS' responses are discussed 
above in this section.
    The final rule makes conforming changes to the following eleven 
ECCNs: 1A290, 1C107, 1C240, 1C298, 3A225, 3A226, 3A227, 3A233, 3A999, 
6A005, and 6A205. This rule's revisions consist of the following:
    ECCNs 3A225, 3A226, 3A227, 3A233, 6A005, and 6A205. This final rule 
revises seven ECCN headings (1C240, 3A225, 3A226, 3A227, 3A233, 6A005, 
and 6A205). This rule takes this approach to minimize the number of 
changes that would need to be made, while still ensuring the headings 
reflect the intended scope of these six ECCNs.
    On the CCL, these seven ECCN headings include references to some of 
the fourteen ECCNs that are being removed as a shorthand way of 
communicating the scope of items controlled. Therefore, the removal of 
fourteen ECCNs requires that a broader description be added to the 
headings of these seven ECCNs. In the November 29 rule, BIS indicated 
that if only one of the fourteen ECCNs that would be removed is 
referenced, then BIS believed that in most cases it is easy to 
incorporate the text of the removed ECCN into the heading of the seven 
ECCNs. However, there are certain ECCNs that reference one or more of 
the fourteen ECCNs that are being removed by this rule. In the cases 
where multiple ECCNs are referenced, an effort to insert all the text 
into the headings as a conforming change would not be feasible. 
However, for other ECCNs, the November 29 rule proposed adding heading 
notes, which would provide more space to describe the substance of the 
ECCNs that would be removed from the respective headings. After further 
review, BIS determined a simpler approach could be taken that is also 
more consistent with the existing EAR by simply including text to alert 
the public those eleven ECCNs exclude items that are subject to the 
export licensing authority of the Nuclear Regulatory Commission (see 10 
CFR part 110).
    ECCNs 1A290, 1C107 and 1E001. This final rule revises three 
``related controls'' paragraphs in ECCNs 1A290, 1C107 and 1E001. These 
changes revise references to one or more of the fourteen removed ECCNs 
in each of the three remaining ECCNs and replace them with a reference, 
in the related controls paragraph, to the NRC regulations. These 
changes will reduce the need for cross-referencing in the CCL to the 
fourteen removed ECCNs. The November 29 rule proposed to describe the 
NRC controls in the related controls paragraph. The November 29 rule 
described the approach being adopted as an alternative. BIS welcomed 
comments from the public regarding whether this alternate approach of 
simply using broad descriptors or some other approach not yet 
considered by BIS would be better than what was proposed. After 
reviewing the public comments, as discussed above, BIS decided to adopt 
this alternate approach consistent with the above described cross 
references to the fourteen removed ECCNs in ECCN headings.
    ECCN 1E001. This final rule also revises 1E001 by removing the 
reference to 1C012 in the License Exception STA paragraph in the 
License Exceptions section. This ECCN is subject to the exclusive 
jurisdiction of another agency. Thus, License Exception STA could never 
be used as the authority to export an item described in 1C012. BIS did 
not receive any comments on this change, so this change is implemented, 
as proposed, in this final rule.
    ECCN 1C298. This final rule revises one CCL note in ECCN 1C298 to 
remove references to one or more of the fourteen ECCNs that would be 
removed by this rule. BIS did not receive any comments on this change, 
so this change is implemented, as proposed, in this final rule.
(C) Adding a General Cross Reference to the Fourteen ECCNs That Would 
Be Removed
    In Sec.  774.1 (Introduction), this final rule redesignates the 
introductory text of the section as paragraph (a) with the heading 
``Scope of the control list,'' and adds a paragraph (b) with the 
heading ``ECCN cross-references for items subject to the exclusive 
jurisdiction of another agency.'' The introductory text of paragraph 
(b) indicates that prior to the date of publication in the Federal 
Register of this final rule, the CCL contained fourteen ECCNs that were 
included as cross references on the CCL to the export control 
regulations administered by the NRC. Paragraph (b) identifies ECCNs 
formerly listed on the CCL that were subject to the jurisdiction of the 
NRC at 10 CFR part 110. This rule is adding a note to paragraph (b) to 
indicate that ECCNs 0D001 and 0E001 (ECCNs that are retained on the 
CCL) were subject to the jurisdiction of the NRC at 10 CFR part 110 or 
jurisdiction of the DOE at 10 CFR part 810, but also have certain 
portions that, as of the date of publication of this rule, were 
``subject to the ITAR.'' These ECCNs are retained on the CCL as a cross 
reference. For the reasons noted above, BIS will implement these 
changes, as proposed, in this final rule.

(5) Revisions to Shipping Tolerances and Removal of All ``Unit'' 
Paragraphs

    BIS in this final rule is revising the way shipping tolerances are 
calculated and applied under the EAR. This rule revises Sec.  750.11 
(Shipping tolerances) to state that all items are licensed based on 
both quantity and value of the items. Quantity will be denominated in 
the unit of quantity that is in general commercial usage for the trade 
of each item. All licenses will be strictly limited by the quantity 
approved on the license and no shipping tolerance will be available to 
exceed that quantity. A shipping tolerance of ten percent will be 
available on the total approved value for all commodities subject to 
the EAR to account for price uncertainty and price inflation over the 
four year validity period of the license. Additionally, this rule 
removes the ``Unit'' paragraph from the List of Items Controlled 
section of every ECCN on the CCL. BIS will no longer differentiate 
between items based on unit for the availability of shipping 
tolerances, so all commodities will be licensed in the unit of quantity 
commonly used in the trade of that good. This final rule also makes 
conforming changes to paragraph (d)(2)(iii)(A) of Sec.  738.2 (Commerce 
Control List (CCL) structure); Sec.  738.4

[[Page 61895]]

(Determining whether a license is required); Sec.  742.2 (Proliferation 
of chemical and biological weapons)(e); paragraph (e)(Quantity) and 
(f)(Units) of Supplement No. 1 to Part 748--BIS-748P, BIS-748P-A: Item 
Appendix, and BIS-748P-B: End-User Appendix; Multipurpose Application 
Instructions;, and paragraphs (c)(1)(ii), (c)(1), (viii) and (f) of 
Sec.  750.7 (Issuance of Licenses).
    BIS is making these revisions to the EAR as a result of public 
comments received in response to the proposed rule and to a notice of 
inquiry (NOI), Request for Public Comments on Shipping Tolerances for 
Export Licenses Issued by the Bureau of Industry and Security (BIS), 
that BIS published on July 5, 2012 (77 FR 39679). In the NOI, the 
public was requested to provide responses to the following three 
issues:
    (1) If the current Export Administration Regulations (EAR) shipping 
tolerance rules should be maintained or if changes should be made that 
facilitate automatic calculation of the remaining license value;
    (2) If the EAR shipping tolerance rules were changed, (i) should 
BIS continue to exclude certain Export Control Classification Numbers 
(ECCNs) from having an allowable shipping tolerance, and (ii) should 
the dollar value-based shipping tolerance be set at ten percent to 
match the Department of State rules; and
    (3) Whether an automatic calculation of the dollar value-based 
shipping tolerance in AES (electronic decrementation) would assist 
exporters in maintaining compliance with the allowable shipping dollar 
value of the license.
    BIS received 11 comments in response to the NOI. Most were 
supportive of automatic decrementation of the license value. One 
commenter noted that quantity is not automatically checked against the 
licensed amount under the current DDTC system or the BIS proposal, and 
that calculation of quantity overages presents a risk of violations. 
Two commenters noted that a single percentage for all commodities would 
be simpler and easier to calculate. Additional comments were outside 
the scope of the inquiry and addressed AES specific issues.
    BIS received one comment in response to the November 29 proposed 
rule that related to unit paragraphs. The commenter identified several 
unit paragraphs that contained listings for types of items that are not 
controlled in that ECCN. This comment and the BIS response was also 
discussed above.
    Based on the commenters' support for the automatic decrementation 
and the desire for a single, simple shipping tolerance threshold across 
the EAR, BIS is undertaking this revision of the EAR. Automatic 
decrementation can only be calculated on the monetary value of the 
shipment, so to simplify and standardize the shipping tolerances, BIS 
is allowing shipping tolerances on value for all items. Additionally, 
BIS is no longer allowing any shipping tolerance to the quantity 
approved in the license. This change requires BIS to revise how 
shipping tolerances are calculated and when they are allowed.
    Commodities on the CCL are currently assigned a unit of quantity in 
the ``Unit'' paragraph in the List of Items Controlled section of each 
ECCN. These units of quantity are number, dollar value, or area, weight 
or other measure. The commodities are licensed in this unit of 
quantity, meaning that a license for an item denominated in number 
authorizes shipments of the commodity until the number has been 
reached. For items licensed in number or area, weight or other measure, 
the exporter must estimate the per unit cost and the license contains a 
total dollar value authorized. For items denominated in value, the 
exporter must provide BIS the number in whatever unit of quantity is 
common in that trade and the license contains a quantity authorized.
    Presently, shipping tolerances are available to allow exporters to 
legally exceed the quantity or value on the license in certain 
circumstances. Items denominated in number are eligible for a shipping 
tolerance of up to twenty-five percent of the value authorized on the 
license. Items denominated in area, weight or other measure are 
eligible for a shipping tolerance of up to twenty-five percent of the 
value and up to ten percent on the quantity authorized on the license. 
Items denominated in value are not eligible for any shipping tolerance 
on the value or the quantity authorized on the license.
    To amend this existing structure, this final rule standardizes the 
unit of measure for all items as the number based on the unit of 
quantity commonly used in the trade of that good. This means that the 
applicant will identify the appropriate unit of quantity on the license 
application and the quantity of the commodity to be exported calculated 
in that unit of quantity. For the majority of commodities, this unit of 
quantity will be the number of individual items, as described in the 
ECCN. For example, if an applicant wishes to export integrated circuits 
controlled under ECCN 3A001, they will identify the number of 
individual integrated circuits they would like BIS to authorize for 
export.
    Once the unit of quantity and number of items is established, the 
applicant will determine the per unit value of the item and will report 
that value to BIS. The applicant will then multiply the per unit value 
by the number sought to be exported to arrive at the total value of the 
license and report that to BIS in the license application. If the 
license is granted, the exporter will be limited to both the number and 
the value approved on the license.
    This eliminates any distinction between commodities regarding the 
availability or calculation of shipping tolerances. This rule therefore 
also makes shipping tolerances available for all items up to ten 
percent of the value authorized on the license. Each license authorized 
by BIS will have both a number and a value. If the exporter has shipped 
the number of items approved on the license, but has not yet shipped 
the total value authorized, the license is exhausted and no more items 
may be shipped under that license. If, however, the exporter has 
shipped the total value of the license, but has not yet shipped the 
total number authorized, the exporter may continue to ship against the 
license until the total value shipped reaches 110% of the value 
authorized on the license, or the exporter reaches the number of items 
authorized on the license, whichever occurs first.
    Shipping tolerances on value are allowed to accommodate inflation 
of the value of the commodities over the validity period of the 
license. BIS has determined that over the four year validity period 
that will be applicable to most licenses, a ten percent shipping 
tolerance is reasonable to accommodate potential inflation for the 
foreseeable future. If a shipping tolerance is not appropriate for a 
specific transaction, BIS may stipulate a different shipping tolerance 
on the license. It is the responsibility of the exporter to ensure 
compliance with all license conditions, including any shipping 
tolerance specified on the license.
    By standardizing the unit for all items as the number based on the 
unit of quantity commonly used in the trade of that commodity, BIS has 
also removed the need to identify the unit in each ECCN. Therefore, 
this rule eliminated the ``Unit'' paragraph in the List of Items 
Controlled section of each ECCN. This will simplify the CCL and 
eliminate a point of confusion for many exporters.
    Additionally, the removal of all ``unit'' paragraphs removes the 
need to make the revisions to the ``unit'' paragraphs that were 
described in the November 29 proposed rule. Therefore the proposed 
changes to ECCNs 2A292, 2B201, 2B206, 2B209, 2B290, 6A102,

[[Page 61896]]

6A203, 6A225, 6A226, 6A992, 6A994, 6A995, 6C992, 6C994, 9A106, and 
9A120 will not be made, as was discussed earlier in the ``parts'' and 
``components'' changes discussion of this final rule.
    BIS recognizes that for items currently denominated in number, this 
rule will reduce the applicable shipping tolerance from twenty-five 
percent of the total authorized value to ten percent. To avoid 
unsettling exporter expectations on the use of existing authorizations 
and avoid confusion, the changes in shipping tolerances will only apply 
to licenses granted after this rule becomes effective. In addition, 
because a purchase order is not needed in order to apply for a license, 
applicants that have a desire or need for an additional tolerance once 
this rule becomes effective may simply request an additional quantity 
in the original license application. Therefore, BIS believes the impact 
on applicants will be minimal, but adopting this simplified shipping 
tolerance and removal of the ``Units'' paragraphs will make the CCL 
clearer. The changes implemented in the final rule will also be an 
important step in moving toward decrementing BIS licenses in AES, which 
based on the public comments received in response to the NOI, is 
something strongly supported by the public.

(6) Clarifications to the April 16 (Initial Implementation) Rule

    BIS is making three clarifications to the April 16 (initial 
implementation) rule as a result of questions and comments from the 
public that identified unintended or inconsistent policy outcomes after 
the publication of the final rule. These changes are in addition to the 
conforming changes being made to the April 16, 2013 rule described 
above under ``(3) Structural changes to improve the clarity of the 
CCL.'' As noted above, the April 16 (initial implementation) rule 
revises the CCL by adding a structure and related provisions to control 
munitions items that the President has determined no longer warrant 
export control on the USML on the CCL, specifically certain aircraft, 
gas turbine engines, and related items. The initial implementation rule 
was published in conjunction with a Department of State document that 
revises the USML so that upon the effective date of both documents 
(October 15, 2013), the USML and CCL and corresponding regulatory 
structures will be complementary. The Department of Commerce and State 
will publish corrections to the April 16 final rules prior to October 
15, 2013. The changes described here are minor clarifications to 
correct unintended or inconsistent policy outcomes, or to make other 
minor clarifications to the April 16 (initial implementation) rule.
    BIS conducted a significant amount of outreach to explain the 
initial implementation rule, including providing a number of 
opportunities for the public to submit questions to BIS about the 
changes that will become effective on October 15, 2013. As BIS has 
answered these questions, including conducting outreach to other parts 
of the U.S. Government and internally within BIS, BIS determined that 
there was a need to provide these clarifications to the initial 
implementation rule.
(A) Clarification of de Minimis Exclusion for .y ``600 series'' Items 
To Ensure Consistent Treatment When Exported or Reexported as Stand-
Alone Items and When Incorporated
    The initial implementation rule added a new paragraph (a)(6) to 
Section 734.4 (De minimis U.S. content). New paragraph (a)(6) excludes 
all ``600 series'' items from de minimis eligibility when destined to a 
D:5 Country in Supplement No. 1 to part 740. The ``600 series'' .y 
items are controlled for AT1, so these items are subject to a license 
requirement for the E:1 countries and for China because of the PRC 
military end-use control. The E:1 countries and China are also D:5 
countries. Therefore, the exclusion from de minimis eligibility for .y 
items for the E:1 countries and China is consistent. The ``600 series'' 
.y items are subject to a license requirement if exported or reexported 
to these countries as discrete items and when incorporated with a 
foreign made item because .y items are not eligible for de minimis 
because of paragraph (a)(6).
    For the other D:5 countries, however, there is an inconsistency, 
because ``600 series'' .y items are not subject to a license 
requirement when exported or reexported as discrete items. However, if 
any .y item is incorporated into a foreign made item, the foreign made 
item would become subject to the EAR when reexported or exported from 
abroad, because of the paragraph (a)(6) exclusion from de minimis for 
all ``600 series'' items for D:5 countries.
    To ensure consistent treatment for .y items, this final rule 
revises paragraph (a)(6) to add a heading for paragraph (a)(6) (``600 
series'') and add new paragraphs (a)(6)(i) and (a)(6)(ii). Paragraph 
(a)(6)(i) specifies there is no de minimis level for foreign-made items 
that incorporate U.S.-origin ``600 series'' items enumerated or 
otherwise described in paragraphs .a through .x of a ``600 series'' 
ECCN when destined for a country listed in Country Group D:5.
    To address the inconsistent treatment of the .y items discussed 
above, this final rule adds a new paragraph (a)(6)(ii) to address the 
exclusion for ``600 series'' .y items. This new paragraph will specify 
there is no de minimis level for foreign-made items that incorporate 
U.S.-origin ``600 series'' .y items when destined for a country listed 
in Country Group E:1 or for the People's Republic of China (PRC). BIS 
decided to take this approach to address the inconsistent treatment 
because BIS, in consultation with its interagency partners, previously 
concluded that D:5 countries other than China and E:1 countries do not 
present a high enough diversion risk to warrant this approach for .y 
items, which are not as militarily significant as other ``600 series'' 
items (as noted in June 21, 2012 (transition) proposed rule).
(B) Removal of Sentence No Longer Needed Because of the de Minimis 
Changes Included in the Initial Implementation Rule
    In Sec.  740.10 (License Exception Servicing and replacement of 
parts and equipment (RPL) in this final rule, BIS is removing the 
second sentence of paragraph (b)(2)(ii) because it is not needed in 
light of the de minimis changes included in the initial implementation 
rule. The second sentence in paragraph (b)(2)(ii) was originally 
proposed in the July 15 (framework) rule and was worded in the way it 
was because of the 10% de minimis rule that was originally proposed in 
that rule. Specifically, the second sentence for the ``600 series'' did 
not extend to parts, components, accessories, attachments and 
attachments contained in commodities that were made in a foreign 
country incorporating authorized U.S.-origin parts, components, 
accessories or attachments. However, after subsequent review of the 
public comments and further consideration, BIS adopted a simpler de 
minimis rule for the ``600 series.'' Because countries listed in D:5 
are subject to a 0% de minimis rule for ``600 series'' items, except 
for .y items as described above, there is no longer a need for the 
second sentence in (b)(2)(ii). Therefore, in this final rule, BIS is 
removing the second sentence that was specific to the ``600 series.'' 
The requirements in (b)(2)(ii) that apply to non-``600 series'' parts, 
components, accessories, and attachments will apply to the ``600 
series.''

[[Page 61897]]

(C) Clarification of What ECCNs Are Considered Controlled for AT-Only, 
for Purposes of ``specially designed''
    The April 16 (initial implementation) rule added a new definition 
of ``specially designed.'' This final rule adds a sentence to the end 
of Note 1 of ``specially designed'' definition to clarify which ECCNs 
are controlled for AT-only reasons for purposes of the ``specially 
designed'' definition. This sentence lists seventy-three ECCNs, which 
are the following ECCNs: 0A999, 1A995, 1A999, 1C990, 1C996, 1C998, 
1D993, 1D999, 1E994, 1E998, 2A991, 2A994, 2A999, 2B991, 2B992, 2B993, 
2B996, 2B997, 2B998, 2B999, 2D991, 2D992, 2D994, 3A991, 3A992, 3A999, 
3B991, 3B992, 3C992, 3D991, 3E991, 4A994, 4D993, 4D994, 4E992, 4E993, 
5A991, 5C991, 5D991, 5E991, 5A992, 5D992, 5E992, 6A991, 6A992, 6A993, 
6A994, 6A995, 6A996, 6A997, 6A999, 6B995, 6C992, 6C994, 6D992, 6D993, 
6E992, 6E993, 7B994, 7D994, 7E994, 8A992, 8D992, 8E992, 9A990, 9A992, 
9B990, 9B991, 9D990, 9D991, 9E990, 9E991 and 9E993. ECCNs controlled 
for AT-only reasons are ECCNs where the reason for control in the 
License Requirements paragraph only includes AT, AT1 or AT2. In 
addition to the seventy-three ECCNs that include only an AT reason for 
control, there are eleven additional ECCNs on the CCL that are 
controlled predominantly for AT reasons on the CCL. These ECCNs 
include, in addition to the AT control, an RS control only for Iraq 
(0B999, 0D999, 1B999, 1C992, 1C995, 1C997, 1C999); a UN control (0B986 
and 9A991); or an RS1 control (6A998.b and 7A994 for the QRS11). These 
eleven ECCNs are considered controlled for AT-only ECCNs (excluding for 
the RS1 controlled portions of 6A998 and 7A994) for purposes of the 
``specially designed'' definition. This is because although they 
contain another reason for control, they are controlled predominantly 
for AT reasons.
    This final rule adds a sentence to the end of Note 1 to identify 
these eleven additional ECCNs that are controlled predominantly for AT 
reasons are treated as ECCNs controlled only for AT reasons for 
purposes of ``specially designed,'' although two exclusions are made 
for the portions of ECCNs 6A998 and 7A994 that are controlled for RS1 
reasons. The new sentence this final rule adds to Note 1 specifies 
ECCNs: 0B986, 0B999, 0D999, 1B999, 1C992, 1C995, 1C997, 1C999, 6A998 
(except for .b), 7A994 (except for the QRS11) and 9A991 are treated as 
ECCNs controlled only for AT reasons for purposes of ``specially 
designed.''
(D) Clarification on the Applicability of Paragraph (b)(3) and (b)(4) 
`releases' From ``specially designed'' for ECCNs Controlled for AT-Only 
Reasons
    This final rule also adds to the ``specially designed'' definition 
a new Note to paragraphs (b)(3) and (b)(4). This new note clarifies 
when paragraph (b)(3) and (b)(4) can be used to `release' ``parts,'' 
``components,'' ``accessories,'' ``attachments,'' or ``software'' for 
ECCNs that are controlled for AT-only reasons. Because the `release' 
criteria of paragraphs (b)(3) and (b)(4) use ``controlled for AT-only 
reasons,'' the application of these paragraphs for ECCNs controlled for 
AT-only reasons that use ``specially designed'' is being clarified. BIS 
received two questions from the public on this aspect of the 
definition. BIS has provided guidance on how to interpret the 
applicability of paragraph (b)(3) and (b)(4) for ECCNs controlled for 
AT-only reasons. BIS considered posting guidance on this interpretation 
on the BIS Web site, but, for ease of use for the public and to ensure 
consistent application of the interpretation, BIS decided it was better 
to add this interpretation as a new ``Note to paragraphs (b)(3) and 
(b)(4).'' This is not a change in how BIS intended the definition to 
apply, but it does make this interpretation explicit for the public.
    The new note being added in this final rule specifies that ECCNs 
controlled for AT-only reasons that use ``specially designed'' are 
eligible for `release' under paragraphs (b)(3) and (b)(4). However, 
this new note clarifies that the criteria for `release' under (b)(3) or 
(b)(4) must be met by another ECCN controlled for AT-only reasons or an 
EAR99 item in addition to the AT-only ECCN being reviewed for `release' 
from ``specially designed.''
    The new note being added also includes three examples to assist 
understanding. The first two examples highlight when a ``part'' used in 
an ECCN controlled for AT-only reasons is eligible for `release.' The 
first example states, if a single gasket is used in ECCN 9A990 tractors 
(9A990 includes a control on ``specially designed'' ``parts'') and also 
pick-up trucks designated as EAR99 that are in ``production,'' the 
single gasket would be `released' from ``specially designed'' on the 
basis of paragraph (b)(3). The second example being added to the new 
note in this final rule states that if the single gasket is or was used 
in 9A990 tractors and also 9A991.b aircraft (another AT-only ECCN) that 
are in ``production,'' the gasket would be `released' from ``specially 
designed'' on the basis of paragraph (b)(3). The newly added note 
includes a third example to highlight when paragraph (b)(3) would not 
be available by noting that if the single gasket is or was only used in 
the ``production'' of ECCN 9A990 tractors that are in ``production,'' 
then paragraph (b)(3) would not be available. Lastly, the note being 
added clarifies that the same concept applies for paragraph (b)(4).
(E) Clarification of the Definition of ``end item'' That Was Added in 
the Initial Implementation Final Rule
    This final rule is revising the definition of ``end item'' that was 
added in Sec.  772.1 (Definitions of terms as used in the EAR) to add 
the words ``system'' and ``equipment'' before the phrase ``assembled 
commodity.'' This change is not substantive and is limited to 
clarifying the intended scope of the definition of ``end item'' as it 
relates to the terms ``system'' and ``equipment.''
(F) Clarification of the Definition of ``equipment'' That Was Added in 
the Initial Implementation Final Rule
    This final rule is revising the definition of ``equipment'' that 
was added in Sec.  772.1 to make three clarifications. First, this 
final rule clarifies the relationship between ``equipment'' and ``end 
items'' and ``systems'' by revising the phrase ``operate together to 
perform a function of an end item or system'' to add the phrase ``as, 
or for'' after ``of'' so it reads ``operate together to perform a 
function of, as, or for an end item or system.'' This change is not 
substantive and is limited to clarifying the intended scope of the 
definition of ``end item'' as it relates to the terms ``system'' and 
``equipment.'' This change specifies a combination of ``parts,'' 
``components,'' ``accessories,'' ``attachments,'' ``firmware,'' or 
``software'' is a system considered ``equipment'' when that combination 
of commodities or software: Operate to perform a function ``of'' an end 
item or system; operate to perform a function ``as'' an end item or 
system; or operate to perform a function ``for'' another end item or 
system.
    Second, this final rule is revising the definition of ``equipment'' 
to delete the word ``specialized'' before the word ``function'' because 
the word is not needed and has the potential to create ambiguity 
regarding what is ``equipment.'' BIS provides guidance here on the 
meaning of function to clarify what is intended with the use of the 
word function in the ``equipment'' definition. For purposes of the 
``equipment'' definition, function means the control criteria specified 
in an ECCN entry, which in certain cases is limited

[[Page 61898]]

to the heading, and for those ECCNs that use an ``items'' paragraph, 
the function is the control criteria in the respective ``items'' 
paragraph that enumerates or otherwise describes the ``equipment.'' In 
certain cases the specialized function may be described in fairly broad 
terms, such as equipment for military end use. In other cases the 
control parameters that are included with the term ``equipment'' may be 
quite detailed. The ``equipment'' definition includes both of those 
types of entries. This guidance on the meaning of function also applies 
to the definition of ``system'' discussed below under (G) where the 
word ``specialized'' is also being removed for the same reason as in 
the ``equipment'' definition.
    Third, this final rule is adding two sentences to the end of the 
``equipment'' definition. The originally proposed ``equipment'' 
definition that was included in the proposed July 15 (framework) rule, 
stated that ``equipment'' is a subset of ``end items.'' However, this 
sentence was not included in the ``equipment'' definition included in 
the initial implementation final rule. The relationship between the 
broader term ``end item'' and ``equipment'' was discussed in the 
Background section of the initial implementation final rule on pages 78 
FR 22692 and 22693. However, after further consideration and to address 
questions BIS has received on the relationship between these two terms, 
BIS has determined a sentence should be added to the ``equipment'' 
definition to clarify that ``equipment'' may be a subset of ``end 
items,'' when it meets the definition of an ``end item,'' ready for use 
with only the addition of ammunition, or fuel or energy source required 
to place it in an operating state. When ``equipment'' does not meet 
this definition, it is categorized as on the definition with which it 
does comply. This same type of concept also applies to the definition 
of ``system.''
(G) Clarification of the Definition of ``system'' That Was Added in the 
Initial Implementation Final Rule
    This final rule is revising the definition of ``system,'' which was 
added to Sec.  772.1 in the initial implementation final rule, to 
delete the word ``specialized'' before the word ``function'' because 
the word is not needed and has the potential to create ambiguity 
regarding what is a ``system.'' This final rule is also removing the 
single quotes around function because the word is not defined in the 
``system'' definition. Lastly, this final rule is adding a new Note 1 
to the definition to reference industrial standards established by 
INCOSE and NASA that provide examples for when commodities and software 
operate together to perform a function as a system.
(H) Clarification of the Definition of ``build-to-print technology'' 
That Was Added in the Initial Implementation Final Rule
    This final rule is revising the definition of ``build-to-print 
technology,'' which was added to Sec.  772.1 in the initial 
implementation final rule, to add the phrase ``any of the following'' 
in the introductory text of paragraph (1) to clarify the three criteria 
in paragraphs (1)(i)-(iii) use the disjunctive ``or.'' The use of 
``or'' in paragraph (1) after paragraphs (1)(ii) already states this 
requirement, but the addition of the phrase ``any of the following'' in 
the introductory text of paragraph (1) will make it easier to 
understand. This final rule is also revising the definition to remove 
the phrase ``the minimum'' before the term ``necessary'' because it is 
not needed and has the potential to cause confusion given necessary is 
not a term that is qualified by degree. Technology is either necessary 
or not necessary, so there is no need to include the qualifying phrase 
``the minimum'' before the term ``technology.''
(I) Initial Implementation Rule Conforming Changes to This Final Rule
    As noted above, in this final rule, BIS is also making conforming 
changes to the initial implementation rule, which are described under 
(3) Structural changes to improve the clarity of the CCL. These changes 
are described under heading (3) above because they are easier to 
understand when discussed in the context of those structural changes 
being made to the other ECCNs (non-``600 series'' ECCNs) on the CCL.
(J) ECCNs 9B610 and 9B619
    This final rule revises the Related Controls paragraph in ECCN 
9B610 and adds new language to the Related Controls paragraph in ECCN 
6B619. The revision to 9B610 adds ``equipment'' to the list of 
commodities that are controlled for the aircraft specified under 
VIII(h)(1). The new language in 9B619 identifies related controls for 
engines specified under XIX(f)(1). The intent is to clarify that all 
parts, components, accessories, attachments, and equipment (which 
includes development, production, operation, maintenance, inspection 
and test equipment) are controlled under the USML in either VIII(h)(1) 
or XIX(f)(1) for specified aircraft and engines, respectively. ECCNs 
9B610 and 9B619 continue to control the described parts, components, 
accessories, attachments, and equipment (which includes development, 
production, operation, maintenance, inspection and test equipment) not 
specified on the USML.
    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March 
8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of 
August 8, 2013, 78, 2013, 78 FR 49107 (August 12, 2013), has continued 
the Export Administration Regulations in effect under the International 
Emergency Economic Powers Act. BIS continues to carry out the 
provisions of the Export Administration Act, as appropriate and to the 
extent permitted by law, pursuant to Executive Order 13222.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This final rule has been designated a ``significant 
regulatory action,'' although not economically significant, under 
section 3(f) of Executive Order 12866. Accordingly, the rule has been 
reviewed by the Office of Management and Budget (OMB).
    2. Notwithstanding any other provision of law, no person is 
required to respond to nor 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 affects the 
following approved collection: Simplified Network Application 
Processing System (control number 0694-0088), which includes, among 
other things, license applications and carries a burden estimate of 
43.8 minutes for a manual or electronic submission. Total burden hours 
associated with the PRA and OMB control number 0694-0088 are expected 
to decrease slightly as a result of this rule because of the removal of 
ECCN

[[Page 61899]]

8A918 and the clarification of the use of the terms ``parts'' and 
``components'' on the CCL. The intent of the clarification of the use 
of the terms ``parts'' and ``components'' on the CCL is to maintain the 
current scope of controls, although in certain cases this greater 
specificity in how these terms are being used may result in a slight 
reduction in license applications received for those entries where 
``parts'' is not being added and previously the undefined the term 
components was used. In the context of these ECCNs, BIS, along with the 
other agencies that reviewed this rule, determined the intent is not to 
include ``parts.'' However, because previously a small number of 
license applications may have been received for commodities that would 
meet the ``parts'' definition that was added in the initial 
implementation final rule, BIS has determined this may result in a 
slight decrease in the number of license applications received.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 13132.
    4. The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 
601 et seq., generally requires an agency to prepare a regulatory 
flexibility analysis for any rule subject to the notice and comment 
rulemaking requirements under the Administrative Procedure Act (5 
U.S.C. 553) or any other statute, unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Under section 605(b) of the RFA, however, if 
the head of an agency certifies that a rule will not have a significant 
economic impact on a substantial number of small entities, the statute 
does not require the agency to prepare a regulatory flexibility 
analysis. Pursuant to section 605(b), the Chief Counsel for Regulation, 
Department of Commerce, submitted a memorandum to the Chief Counsel for 
Advocacy, Small Business Administration, certifying that the November 
29 proposed rule will not have a significant economic impact on a 
substantial number of small entities. A summary of the factual basis 
for the certification was provided in the November 29 proposed rule and 
is not repeated here. BIS did not receive any comments in response to 
the proposed rule regarding the economic impact of this rule or to the 
certification made by the Chief Counsel. As a result, a final 
regulatory flexibility analysis is not required and one was not 
prepared.
    5. Section 3(D) of this rule adds a ``REPORTING REQUIREMENTS'' 
paragraph to ECCNs 1C001, 4D001, 7D002, 7D003, 7E001 and 7E002. This 
addition to the Export Administration Regulations was not included in 
the November 29 proposed rule. The Department finds that there is good 
cause under 5 U.S.C. 553(b)(B) to waive the provisions of the 
Administrative Procedure Act requiring prior notice and the opportunity 
for public comment because they are either unnecessary or contrary to 
the public interest. This addition alerts exporters that reporting 
requirements were imposed on these ECCNs in the April 16 (initial 
implementation) rule through the changes to Sec.  743.1 and the 
addition of the Wassenaar Arrangement Sensitive and Very Sensitive 
Lists as Supplements Nos. 6 and 7 to Part 774. This addition to this 
final rule does not create any new reporting requirements. Without the 
addition of these Report Requirements paragraphs to the EAR prior to 
the October 15, 2013 effective date of the April 16 (initial 
implementation) rule, exporters who review these ECCNs will not be 
aware of the need to review the revised Sec.  743.1 and the Wassenaar 
Arrangement Sensitive and Very Sensitive Lists added as Supplements 
Nos. 6 and 7 to Part 774.
    6. The revisions to the Export Administration Regulations described 
in Section 6 of this rule were not included in the November 29 proposed 
rule. The Department finds that there is good cause under 5 U.S.C. 
553(b)(B) to waive the provisions of the Administrative Procedure Act 
requiring prior notice and the opportunity for public comment because 
they are either unnecessary or contrary to the public interest. The 
majority of these revisions are non-substantive, only clarifying the 
regulations and thus prior notice and the opportunity for public 
comment is unnecessary.
    The revisions described in Section (6)(A) provide a clarification 
that ``600 series'' .y items are available for de minimis treatment 
when incorporated into foreign origin items destined for any country 
for which a license would not be required for direct shipment from the 
United States. In a standard de minimis analysis, only the U.S. origin 
content that would require a license for direct shipment from the 
United States to the destination of the foreign origin item is included 
toward the de minimis percentage. As ``600 series'' .y items do not 
require a license to D:5 countries, other than the E:1 countries and 
the People's Republic of China, it would be contrary to the EAR to 
include the .y items in the calculation of foreign origin items 
destined to those countries. Additionally, as all foreign origin items 
incorporating more than a de minimis level of ``600 series'' parts and 
components are, by definition, military items and controlled in 0A919 
with an NS1 and RS1 reason for control, requiring worldwide licensing, 
foreign manufacturers will have an incentive to avoid sourcing U.S. 
origin .y items when the item would not otherwise exceed de minimis. 
Notice and public comment procedure for this revision is contrary to 
the public interest. If this revision is not effective on October 15, 
2013 simultaneous with the April 16 (initial implementation) rule, 
foreign origin military items that incorporate ``600 series'' .y items 
will be subject to greater controls than the ``600 series'' .y items 
would be for direct shipment from the United States. This inconsistent 
result was not intended by BIS and would result in discouraging foreign 
manufacturers from sourcing U.S. origin ``600 series'' parts and 
components without any positive impact on national security. This would 
frustrate a major purpose of the Export Control Reform Initiative.
    The revisions described in Section 6(C) correct an oversight in the 
term AT-only, as used in the ``specially designed'' definition, to 
allow certain ECCNs with additional narrow reasons for control to be 
considered within the paragraph (b)(3) release provision. When BIS 
published the rule implementing the definition for ``specially 
designed,'' BIS did not intend to exclude the eleven ECCNs identified 
above which are predominantly controlled only for AT reasons from the 
paragraph (b)(3) release in the ``specially designed'' definition. 
Excluding these eleven ECCNs from the paragraph (b)(3) release would 
cause, for example, parts common to a military aircraft controlled in 
ECCN 9A610 and a commercial airliner controlled in ECCN 9A991 to be 
``specially designed'' for the military aircraft and therefore 
controlled in 9A610.x with an NS1 and RS1 reason for control, requiring 
worldwide licensing. In this final rule, BIS amends the language to 
correct the inadvertent error. Notice and public comment procedure for 
this revision is contrary to the public interest. If this revision is 
not effective on October 15, 2013 simultaneous with the April 16 
(initial implementation) rule, the paragraph (b)(3) release of the 
``specially designed'' definition will not operate as BIS intended and 
a significant amount of commercial trade may be subject to ``600 
series'' controls.

[[Page 61900]]

List of Subjects

15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and 
patents, Research science and technology.

15 CFR Part 738

    Exports.

15 CFR Parts 740, 748 and 750

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

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, parts 734, 738, 740, 742, 748, 750, 772, and 774 of 
the Export Administration Regulations (15 CFR parts 730-774) are 
amended as follows:

PART 734--[AMENDED]

0
1. The authority citation for 15 CFR part 734 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 
FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Notice of November 9, 2011, 76 FR 70319 (November 10, 2011); ; 
E.O. 13637, 78 FR 16129 (March 8, 2013); Notice of August 8, 2013, 
78, 2013, 78 FR 49107 (August 12, 2013).

0
2. Section 734.3 is amended:
0
a. By revising the introductory text of paragraph (b)(1)(i); and
0
b. By adding paragraph (b)(1)(vi) to read as follows:

Sec.  734.3  Items subject to the EAR.

* * * * *
    (b) * * *
    (1) * * *
    (i) Department of State. The International Traffic in Arms 
Regulations (22 CFR parts 120-130) administered by the Directorate of 
Defense Trade Controls relate to defense articles and defense services 
on the U.S. Munitions List (22 CFR part 121). Section 38 of the Arms 
Export Control Act (22 U.S.C. 2778). (Also see paragraph (b)(1)(vi) of 
this section).
* * * * *
    (vi) Department of Defense (DoD) and Department of State Foreign 
Military Sales (FMS) Program. Items that are subject to the EAR that 
are sold, leased or loaned by the Department of Defense to a foreign 
country or international organization under the FMS Program of the Arms 
Export Control Act pursuant to a Letter of Offer and Acceptance (LOA) 
authorizing such transfers are not ``subject to the EAR,'' but rather, 
are subject to the authority of the Arms Export Control Act.
* * * * *

0
3. Section 734.4 is amended:
0
a. By revising the Note to paragraph (a)(3); and
0
b. By revising paragraph (a)(6) as added April 16, 2013, at 78 FR 
22707, effective October 15, 2013 to read as follows:

Sec.  734.4  De minimis U.S. content.

* * * * *

    Note to Paragraph (a)(3): QRS11 Micromachined Angular Rate 
Sensors are ``subject to the ITAR,'' (see 22 CFR parts 120 through 
130) except when the QRS11-00100-100/101 version of the sensor is 
integrated into and included as an integral part of a commercial 
primary or standby instrument system of the type described in ECCN 
7A994, or aircraft of the type described in ECCN 9A991 that 
incorporates a commercial primary or standby instrument that has 
such a sensor integrated, or is exported solely for integration into 
such systems; or when the QRS11-00050-443/569 is integrated into a 
commercial automatic flight control system of the type described in 
ECCN 7A994, or aircraft of the type described in ECCN 9A991 that 
incorporates an automatic flight control system that has such a 
sensor integrated, or is exported solely for integration into such a 
system.

* * * * *
    (6) ``600 series.''
    (i) There is no de minimis level for foreign-made items that 
incorporate U.S.-origin ``600 series'' items enumerated or otherwise 
described in paragraphs .a through .x of a ``600 series'' ECCN when 
destined for a country listed in Country Group D:5 of Supplement No. 1 
to part 740 of the EAR.
    (ii) There is no de minimis level for foreign-made items that 
incorporate U.S.-origin ``600 series'' .y items when destined for a 
country listed in Country Group E:1 of Supplement No. 1 to part 740 of 
the EAR or for the People's Republic of China (PRC).

0
4. Section 734.6 is amended by revising paragraph (a) to read as 
follows:

Sec.  734.6  Assistance available from BIS for determining licensing 
and other requirements.

    (a) If you are not sure whether a commodity, software, technology, 
or activity ``subject to the EAR'' is subject to licensing or other 
requirements under the EAR, you may ask BIS for an advisory opinion or 
a commodity classification determination. In order to determine whether 
an item is ``subject to the ITAR,'' you should review the ITAR's United 
States Munitions List (see 22 CFR 120.3, 120.6 and 121.1). You may also 
submit a request to the Department of State, Directorate of Defense 
Trade Controls, for a formal jurisdictional determination regarding the 
commodity, software, technology, or activity at issue; or in ITAR 
terms, the defense article, technical data or defense service at issue 
(see 22 CFR 120.4).
* * * * *

PART 738--[AMENDED]

0
5. The authority citation for 15 CFR part 738 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et 
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Notice of August 8, 2013, 78, 2013, 78 FR 49107 (August 12, 
2013).

0
6. Section 738.2 is amended by:
0
(a) Revising the introductory text to paragraph (d)(2);
0
(b) Redesignating paragraphs (d)(2)(i) through (iii) as (d)(2)(ii) 
through (iv);
0
(c) Adding a new paragraph (d)(2)(i);
0
(d) Removing newly redesignated paragraph (d)(2)(iv)(A);
0
(e) Further redesignating newly redesignated paragraphs (d)(2)(iv)(B) 
through (D) as (d)(2)(iv)(A) through (C); and
0
(d) Revising newly redesignated paragraph (d)(2)(iv)(C) to read as 
follows:

Sec.  738.2  Commerce Control List (CCL) structure.

* * * * *
    (d) * * *
    (2) Reading an ECCN. An ECCN is made up of four sections, the 
``Heading,'' ``License Requirements,'' ``License Exceptions,'' and 
``List of Items Controlled'' sections. A brief description of each 
section and its use follows:
    (i) Heading. A description of the items controlled is provided next 
to each ECCN. In certain ECCNs, the description is a summary and will 
direct you to ``see List of Items Controlled'' for a complete list of 
items classified under those respective ECCNs. The ``Items'' paragraph 
in the List of Items Controlled section will describe all of the items 
that the ECCN controls for the portions of

[[Page 61901]]

the heading that precede the ``see List of Items Controlled'' phrase. 
Portions of the heading that follow the phrase are complete 
descriptions of the items controlled by that portion of the heading. If 
``see List of Items Controlled'' appears at the end of the heading, the 
``Items'' paragraph in the List of Items Controlled section is the 
exclusive, complete list of the items the ECCN controls.
* * * * *
    (iii) * * *
    (C) Items. This paragraph describes the relationship between the 
``items'' paragraph and ECCN headings and will assist your 
understanding as you classify items on the CCL. When the heading 
contains the phrase ``see List of Items Controlled,'' the portion of 
the heading preceding that phrase is only a summary of the items 
controlled by the ECCN and the ``items'' paragraph contains an 
exclusive list of items described in the heading. Paragraphs 
(d)(2)(iv)(C)(1), (2) and (3) of this section provide examples of the 
three different uses of the phrase ``(see List of Items Controlled)'' 
in ECCN headings. Each heading on the CCL uses one of these three 
structures. Understanding the relationship between the heading and the 
``items'' paragraph is important when classifying items that are 
``subject to the EAR'' on the CCL.
    (1) ``(See List of Items Controlled)'' is at the end of the ECCN 
heading. An example of an ECCN where all of the heading text precedes 
the phrase ``(see List of Items Controlled)'' is ECCN 8A002 Marine 
systems, equipment, ``parts'' and ``components,'' as follows (see List 
of Items Controlled). ECCNs 1A001, 3A001, 6A001, 7A004 and 9A012 are 
other examples where all of the heading text precedes the phrase ``(see 
List of Items Controlled).'' In these types of headings, the items 
paragraphs must be reviewed to determine whether your item is contained 
within the heading and classified under that ECCN.
    (2) ``(See List of Items Controlled)'' is in the middle of the ECCN 
heading. If the phrase ``(see List of Items Controlled)'' appears in 
the middle of the ECCN heading, then all portions of the heading that 
follow the phrase ``(see List of Items Controlled)'' will list items 
controlled in addition to the list in the ``items'' paragraph. An 
example of such a heading is ECCN 2B992 Non-``numerically controlled'' 
machine tools for generating optical quality surfaces, (see List of 
Items Controlled) and ``specially designed'' ``parts'' and 
``components'' therefor. Under the ECCN 2B992 example, the ``items'' 
paragraph must be reviewed to determine whether your item is contained 
within the first part of the heading (``non-`numerically controlled' 
machine tools for generating optical quality surfaces'') and classified 
under 2B992. The second part of the ECCN 2B999 heading (``and 
`specially designed' `parts' and `components' therefor'') contains the 
exclusive list described in the heading. ECCNs 1A006, 3B992, 4A001, 
6A006 and 7A001 are other examples where the phrase ``(see List of 
Items Controlled)'' appears in the middle of the ECCN heading.
    (3) ECCNs that do not use the phrase ``(see List of Items 
controlled).'' When all items classified in the ECCN are listed in the 
heading, a sentence is generally included in the ``items'' paragraph to 
direct you to the heading. An example of such a heading is ECCN 4E980 
``Technology'' for the ``development,'' ``production'' or ``use'' of 
commodities controlled by 4A980. ECCNs 0A982, 3A292, 5D101, 8D001 and 
9A002 are other examples where the heading is the exclusive description 
of the items classified under those respective ECCNs.
* * * * *

0
7. Section 738.4 is amended by revising paragraph (b)(2) to read as 
follows:

Sec.  738.4  Determining whether a license is required.

* * * * *
    (b) * * *
    (2) Sample CCL entry.

2A000 Entry heading.

License Requirements

Reason for Control: NS, NP, AT

 
                Control(s)                          Country chart
 
NS applies to entire entry................  NS Column 2
NP applies to 2A000.b.....................  NP Column 1
AT applies to entire entry................  AT Column 1
 

License Exceptions

LVS: $5,000
GBS: Yes
CIV: N/A

List of Items Controlled

Related Definitions: N/A
Related Controls: N/A
Items:

    a. Having x.
    b. Having z.
* * * * *

PART 740--[AMENDED]

0
8. The authority citation for 15 CFR part 740 continues to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., 
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 
of August 8, 2013, 78, 2013, 78 FR 49107 (August 12, 2013).

0
9. Section 740.6 is amended by revising paragraph (a)(1)(iii) to read 
as follows:

Sec.  740.6  Technology and software under restriction (TSR).

    (a) * * *
    (1) * * *
    (iii) If the direct product of the technology is a complete plant 
or any major components of a plant, export to Country Groups D:1 or E:1 
of the direct product of the plant or major components thereof, if such 
foreign produced direct product is subject to national security 
controls as identified on the CCL or is ``subject to the ITAR'' (see 22 
CFR parts 120 through 130).
* * * * *

0
10. Section 740.10 is amended by removing the second sentence to 
paragraph (a)(2)(ii) as revised April 16, 2013, at 78 FR 22712, 
effective October 15, 2013.

PART 742--[AMENDED]

0
11. The authority citation for 15 CFR part 742 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 
43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., 
p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential 
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; 
Notice of November 1, 2012, 77 FR 66513 (November 5, 2012); Notice 
of August 8, 2013, 78, 2013, 78 FR 49107 (August 12, 2013).

0
12. Section 742.2 is amended by revising paragraph (e) to read as 
follows:

Sec.  742.2  Proliferation of chemical and biological weapons.

* * * * *
    (e) License application requirements and instructions. Unique 
application and submission requirements for chemicals, medicinals, and 
pharmaceuticals are described in paragraph (a) of Supplement No. 2 to 
part 748 of the EAR.

PART 748--[AMENDED]

0
13. The authority citation for 15 CFR part 748 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13026, 61 FR 58767,

[[Page 61902]]

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
14. Supplement No. 1 to Part 748 is amended by revising paragraphs e 
and f of Block 22 to read as follows:

Supplement No. 1 to Part 748--BIS-748P, BIS-748P-A; Item Appendix, and 
BIS-748P-B; End-User Appendix; Multipurpose Application Instructions

* * * * *
    Block 22: * * *
    (e) Quantity. Identify the quantity to be exported or reexported, 
in terms of the unit commonly used in the trade.
    (f) Units. The unit of quantity used in Block 22(e) must be entered 
on all license applications submitted to BIS. This Block may be left 
blank on license applications for technology only.
* * * * *

PART 750--[AMENDED]

0
15. The authority citation for 15 CFR part 750 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
Sec. 1503, Pub. L. 108-11, 117 Stat. 559; 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; E.O. 13637, 78 FR 16129 (March 8, 2013); Notice 
of August 8, 2013, 78, 2013, 78 FR 49107 (August 12, 2013).

0
16. Section 750.7 is amended by revising paragraphs (c)(1)(ii), 
(c)(1)(viii) and (f) to read as follows:

Sec.  750.7  Issuance of licenses.

* * * * *
    (c) * * *
    (1) * * *
    (ii) Increase in price if permitted under the shipping tolerances 
in Sec.  750.11 of this part;
* * * * *
    (viii) Change in ECCN, where necessary only for the purpose of 
conforming to an official revision in the CCL; or wording of the item 
description. This does not cover an actual change in the item to be 
shipped, or an increase in the total price or quantity on the license.
* * * * *
    (f) Quantity of commodities authorized. Unlike software and 
technology, commodities will be approved with a quantity and dollar 
value limit. Any license resulting from a license application to export 
or reexport commodities will be licensed in terms of the specified unit 
of quantity commonly used in trade. A total dollar value for the 
commodity will be authorized based on the per unit price of the 
commodity. Subject to the shipping tolerances authorized in Sec.  
750.11 of this part, the authorization is limited by both the quantity 
and value listed on the license.
* * * * *

0
17. Section 750.11 is revised to read as follows:

Sec.  750.11  Shipping tolerances.

    Under some circumstances, you may use a license issued for the 
export of items from the United States to export more than the value 
shown on that license. This additional amount is called a shipping 
tolerance. This section tells you, as the licensee, when you may take 
advantage of a shipping tolerance and the amount of shipping tolerance 
you are permitted to use.
    (a) If you have already shipped the full quantity of items approved 
on your license, you may not use this shipping tolerance provision. No 
further shipment may be made under the license.
    (b) If you have not shipped the full quantity of items approved on 
the license, the value of all of your shipments under one license, up 
to the full quantity approved on the license, may exceed the total 
dollar value stated on that license by up to 10%, unless;
    (1) Your license stipulates a specific shipping tolerance; or
    (2) Your item is controlled for short supply reasons and a 
different tolerance has been established. (See part 754 of the EAR).

PART 772--[AMENDED]

0
18. The authority citation for 15 CFR 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 
8, 2013, 78, 2013, 78 FR 49107 (August 12, 2013).

0
19. Section 772.1 is amended:
0
a. By revising the definition of ``build-to-print technology'' as added 
April 16, 2013, at 78 FR 22727, effective October 15, 2013;
0
b. By revising the definition of ``end item'' as added April 16, 2013, 
at 78 FR 22728, effective October 15, 2013;
0
c. By revising the definition of ``equipment'' as added April 16, 2013, 
at 78 FR 22728, effective October 15, 2013;
0
d. By adding a definition for the term ``subject to the ITAR;''
0
e. By amending the definition of ``specially designed'' as revised 
April 16, 2013, at 78 FR 22728-22729, effective October 15, 2013 to add 
one sentence at the end of Note 1 and to add a new Note to paragraphs 
(b)(3) and (b)(4) after Note 3 to paragraph (b)(3); and
0
f. By revising the definition of ``system'' as added April 16, 2013, at 
78 FR 22729, effective October 15, 2013 and to add a new Note, to read 
as follows:

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

* * * * *
    Build-to-Print technology. (1) This is ``production'' 
``technology'' that is sufficient for an inherently capable end user to 
produce or repair a commodity from engineering drawings without any of 
the following:
    (i) Revealing ``development'' ``technology,'' such as design 
methodology, engineering analysis, detailed process or manufacturing 
know-how;
    (ii) Revealing the production engineering or process improvement 
aspect of the ``technology;'' or
    (iii) Requiring assistance from the provider of the technology to 
produce or repair the commodity.
    (2) Acceptance, test, or inspection criteria pertaining to the 
commodity at issue is included within the scope of ``build-to-print 
technology'' only if it is necessary to verify that the commodity is 
acceptable.
* * * * *
    End item. This is a system, equipment or assembled commodity ready 
for its intended use. Only ammunition, or fuel or other energy source 
is required to place it in an operating state. Examples of end items 
include ships, aircraft, computers, firearms, and milling machines.
* * * * *
    Equipment. This is a combination of parts, components, accessories, 
attachments, firmware, or software that operate together to perform a 
function of, as, or for an end item or system. Equipment may be a 
subset of ``end items'' based on the characteristics of the equipment. 
Equipment that meets the definition of an end-item is an end-item. 
Equipment that does not meet the definition of an end-item is a part, 
component, accessory, attachment, firmware, or software.
* * * * *
    Subject to the ITAR. A term used in the EAR to describe those 
commodities, software, technology (e.g., technical data) and defense 
services over which the U.S. Department of State, Directorate of 
Defense Trade Controls (DDTC) exercises regulatory jurisdiction under 
the International Traffic in Arms Regulations (ITAR) (see 22 CFR parts 
120 through 130).
* * * * *

[[Page 61903]]

    Specially designed. * * *
* * * * *
    (a) * * *
* * * * *

    Note 1: * * * For purposes of ``specially designed,'' ECCNs 
0B986, 0B999, 0D999, 1B999, 1C992, 1C995, 1C997, 1C999, 6A998 
(except for .b), 7A994 (except for the QRS11) and 9A991 are treated 
as ECCNs controlled exclusively for AT reasons.

* * * * *

    Note to paragraphs (b)(3) and (b)(4): ECCNs controlled for AT-
only reasons that use ``specially designed'' are eligible for 
paragraphs (b)(3) and (b)(4). However, the criteria for release 
under (b)(3) or (b)(4) must be met by another ECCN controlled for 
AT-only reasons or an EAR99 item in addition to the AT-only ECCN 
being reviewed for release from ``specially designed.'' For example, 
if a single gasket is used in ECCN 9A990 tractors (9A990 includes a 
control on ``specially designed'' ``parts'') and also pick-up trucks 
designated as EAR99 that are in ``production'', the single gasket 
would be released from ``specially designed'' on the basis of 
paragraph (b)(3). Or if the single gasket is or was used in 9A990 
tractors and also 9A991.b aircraft (another AT-only controlled 
ECCN), that are in ``production,'' the gasket would be released from 
``specially designed'' on the basis of paragraph (b)(3). 
Alternatively, if the single gasket is or was only used in ECCN 
9A990 tractors that are in ``production,'' then paragraph (b)(3) 
would not be available. This same concept applies for paragraph 
(b)(4).

* * * * *
    System. This is any combination of ``end items,'' ``equipment,'' 
``parts,'' ``components,'' ``accessories,'' ``attachments,'' firmware, 
or ``software'' that operate together to perform a function.

    Note: The industrial standards established by INCOSE and NASA 
provide examples for when commodities and software operate together 
to perform a function as a system. References to these standards are 
included in this note to provide additional examples for when 
commodities or software operate together to perform a function as a 
system. See the INCOSE standards for what constitutes a system at 
(http://g2sebok.incose.org/app/mss/asset.cfm?ID=INCOSE%20G2SEBOK%202.00&ST=F), and in the (INCOSE SE 
Handbook v3.1 2007; ISO/IEC 15288:2008). Also see the NASA standards 
for examples of what constitutes a system in the (NASA SE Handbook 
SP-2007-6105 Rev 1).

PART 774--[AMENDED]

0
20. The authority citation for 15 CFR part 774 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Notice of August 8, 2013, 78, 2013, 78 FR 49107 (August 12, 
2013).

0
21. Revise Sec.  774.1 to read as follows:

Sec.  774.1  Introduction.

    (a) Scope of the control list. In this part, references to the EAR 
are references to 15 CFR chapter VII, subchapter C. The Bureau of 
Industry and Security (BIS) maintains the Commerce Control List (CCL) 
that includes ``items''--i.e., ``commodities,'' ``software,'' and 
``technology''--subject to the authority of BIS. The CCL does not 
include items exclusively controlled for export by another department 
or agency of the U.S. Government, though in instances where other 
agencies administer controls over related items, entries in the CCL may 
contain a reference to such controls. In addition, those items 
``subject to the EAR'' but not identified on the CCL are identified by 
the designator ``EAR99.'' See Sec.  734.2(a) of the EAR for items that 
are ``subject to the EAR.'' EAR Part 738 contains an explanation of the 
organization of the CCL and its relationship to the Country Chart.
    (b) ECCN cross-references for items subject to exclusive 
jurisdiction of another agency. (1) Prior to October 15, 2013, the CCL 
contained certain ECCNs that were only included as cross references to 
items subject to the export control regulations administered by the 
Nuclear Regulatory Commission.
    (2) ECCNs formerly listed on the CCL that, as of October 15, 2013 
were subject to the export licensing authority of the Nuclear 
Regulatory Commission at 10 CFR part 110 are: 0A001, 0B001, 0B002, 
0B003, 0B004, 0B005, 0B006, 0C001, 0C002, 0C004, 0C005, 0C006, 0C201 
and 1C012.
    (3) Multilateral export control regime references are provided, as 
an additional point of historical reference.

    Note to paragraph (b): As of October 15, 2013 ECCN 0D001 is 
subject to the export licensing authority of the Nuclear Regulatory 
Commission (see 10 CFR part 110), and ECCN 0E001 is subject to the 
export licensing authority of the Department of Energy (see 10 CFR 
part 810), but certain portions of these entries are also ``subject 
to the ITAR'' (see 22 CFR parts 120 through 130). These ECCNs are 
retained on the CCL as a cross reference.

    (c) Where to find the CCL? The CCL is contained in Supplement No. 1 
to this part, and Supplement No. 2 to this part contains the General 
Technology and Software Notes relevant to entries contained in the CCL.
    (d) Conventions related to the use of quotation marks on the CCL. 
The use of double quotation marks on the CCL is intended to be an aid 
to alert you to terms used on the CCL that are defined in part 772 
(Definitions of Terms), or for purposes of ECCNs, where a definition is 
provided in the ``related definitions'' paragraph in the License 
Requirements section of ECCNs or sometimes in Notes and Technical Notes 
for particular ECCNs and that definition is specific to that particular 
ECCN. In this sense the quotes are helpful both in the use of single 
and double quotes, but a good compliance practice is to familiarize 
yourself with the defined terms in part 772, and when reviewing a 
control parameter on the CCL that uses a term that is not in quotes to 
be aware it may be defined in part 772. It is also a useful compliance 
practice to review the ``Related Definitions'' paragraph and Notes and 
Technical Notes to determine if the term is defined for purposes of a 
particular ECCN.
    (1) Use of double quotes. If a term on the CCL uses double quotes 
it means there is a defined term in part 772. However, the absence of 
double quotes does not mean that a term used on the CCL is not defined 
in part 772. Because the CCL includes many terms that are defined in 
part 772, BIS's practice is to use double quotes for certain key terms 
and to use double quotes when needed for consistency with multilateral 
export control regime based entries, such as many derived from control 
lists, in particular for the Wassenaar Arrangement that also uses the 
double quotes convention. However, because of the large number of 
defined terms used on the CCL and a desire to avoid hindering 
readability by placing quotes around too many words used in particular 
ECCNs, BIS's practice is to not add double quotes around certain terms, 
such as items and commodities. This convention also applies to the use 
of double quotes within the Definition of Terms section under part 772.
    (2) Use of single quotes. The CCL also includes a convention 
regarding the use of single quotes. Single quotes on the CCL identify a 
term as a defined term in the context of a particular ECCN. This 
convention also applies to the use of single quotes within the 
Definition of Terms section under part 772.

Supplement No. 1 to Part 774--[Amended]

0
22. Supplement No. 1 to part 774 (the Commerce Control List) is amended 
by removing the following Export Control Classification Numbers 
(ECCNs): 0A001, 0B001, 0B002, 0B003, 0B004, 0B005, 0B006, 0C001, 0C002, 
0C004, 0C005, 0C006, 0C201 and 1C012.

[[Page 61904]]

0
23. Supplement No. 1 to part 774 (the Commerce Control List) is amended 
by adding the new section heading ``Special Conditions for STA'' above 
the STA paragraph of the following Export Control Classification 
Numbers (ECCNs): 1A002, 1C001, 1C007, 1C010, 1D002, 1E001, 1E002, 
2D001, 2E001, 2E002, 3A002, 3D001, 3E001, 4A001, 4D001, 4E001, 5A001, 
5B001, 5D001, 5E001, 6A001, 6A002, 6A003, 6A004, 6A006, 6A008, 6B008, 
6D001, 6D003, 6E001, 6E002, 7D003, 7D004, 7E001, 7E002, 7E004, 8A001, 
8A002, 8D001, 8D002, 8E001, 8E002, 9B001, 9D001, 9D002, 9D004, 9E001, 
9E002, and 9E003.

0
24. Supplement No. 1 to part 774 (the Commerce Control List) is amended 
by adding the new section heading ``Special Conditions for STA'' above 
the STA paragraph of the following Export Control Classification 
Numbers (ECCNs): 9A610, 9A619, 9B610, 9B619, 9C610, 9C619, 9D610, 
9D619, 9E610 and 9E619, as added April 16, 2013, at 78 FR 22730-22734, 
effective October 15, 2013.

0
25. Supplement No. 1 to part 774 (the Commerce Control List) is amended 
by adding the new section heading ``Special Conditions for STA'' above 
the STA paragraph of the following Export Control Classification 
Numbers (ECCNs): 0A606, 0A617, 0B606, 0B617, 0C606, 0C617, 0D606, 
0D617, 0D617, 0E606, 0E617, 8A609, 8A620, 8B609, 8B620, 8C609, 8D609, 
8D620, 8E609, and 8E620, as added July 8, 2013, at 78 FR 40912-40918, 
effective January 6, 2014;

0
26. Supplement No. 1 to part 774 (the Commerce Control List) is amended 
by removing the section headings ``License Exceptions'' from Export 
Control Classification Numbers (ECCNs) wherever they appear, and adding 
in place of those headings ``List Based License Exceptions (See Part 
740 for a description of all license exceptions).''

0
27. Supplement No. 1 to part 774 (the Commerce Control List) is amended 
by removing the section headings ``License Exceptions'' from Export 
Control Classification Numbers (ECCNs): 9A610, 9A619, 9B610, 9B619, 
9C610, 9C619, 9D610, 9D619, 9E610, and 9E619, as added April 16, 2013, 
at 78 FR 22730-22734, effective October 15, 2013, and adding in place 
of those headings ``List Based License Exceptions (See Part 740 for a 
description of all license exceptions).''

0
28. Supplement No. 1 to part 774 (the Commerce Control List) is amended 
by removing the section headings ``License Exceptions'' from Export 
Control Classification Numbers (ECCNs): 0A606, 0A617, 0B606, 0B617, 
0C606, 0C617, 0D606, 0D617, 0E606, 0E617, 8A609, 8A620, 8B609, 8B620, 
8C609, 8D609, 8D620, 8E609, and 8E620, as added July 8, 2013, at 78 FR 
40912-40918, effective January 6, 2014, and adding in place of those 
headings ``List Based License Exceptions (See Part 740 for a 
description of all license exceptions).''

0
29. Supplement No. 1 to part 774 (the Commerce Control List) is amended 
by removing the ``Country Chart'' table heading in the License 
Requirements section in each Export Control Classification Number 
(ECCN) where such paragraph appears and adding in its place the heading 
``Country Chart (See Supp. No. 1 to part 738).''

0
30. Supplement No. 1 to part 774 (the Commerce Control List) is amended 
by removing the ``Country Chart'' table heading in the License 
Requirements section from Export Control Classification Numbers 
(ECCNs): 9A610, 9A619, 9B610, 9B619, 9C610, 9C619, 9D610, 9D619, 9E610, 
and 9E619, as added April 16, 2013, at 78 FR 22730-22734, effective 
October 15, 2013, and adding in its place the heading ``Country Chart 
(See Supp. No. 1 to part 738).''

0
31. Supplement No. 1 to part 774 (the Commerce Control List) is amended 
by removing the ``Country Chart'' table heading in the License 
Requirements section from Export Control Classification Numbers 
(ECCNs): 0A606, 0A617, 0B606, 0B617, 0C606, 0C617, 0D606, 0D617, 0D617, 
0E606, 0E617, 8A609, 8A620, 8B609, 8B620, 8C609, 8D609, 8D620, 8E609, 
and 8E620, as added July 8, 2013, at 78 FR 40912-40918, effective 
January 6, 2014, and adding in its place the heading ``Country Chart 
(See Supp. No. 1 to part 738).''

0
32. Supplement No. 1 to part 774 (the Commerce Control List) is amended 
by adding quotes around the term specially designed wherever it 
appears.

0
33. Supplement No. 1 to part 774 (the Commerce Control List) is amended 
by adding quotes around the term accessories wherever it appears.

0
34. Supplement No. 1 to part 774 (the Commerce Control List) is amended 
by adding quotes around the term attachments wherever it appears.

0
35. Supplement No. 1 to part 774 (the Commerce Control List) is 
amended:
0
a. By removing the ``Unit'' paragraph from the List of Items Controlled 
section in each Export Control Classification Number (ECCN) where such 
paragraph appears;
0
b. By removing the ``Unit'' paragraph from the List of Items Controlled 
section in Export Control Classification Numbers (ECCNs): 9A610, 9A619, 
9B610, 9B619, 9C610, 9C619, 9D610, 9D619, 9E610, and 9E619, as added 
April 16, 2013, at 78 FR 22730-22734, effective October 15, 2013; and
0
c. By removing the ``Unit'' paragraph from the List of Items Controlled 
section in Export Control Classification Numbers (ECCNs): 0A606, 0A617, 
0B606, 0B617, 0C606, 0C617, 0D606, 0D617, 0E606, 0E617, 8A609, 8A620, 
8B609, 8B620, 8C609, 8D609, 8D620, 8E609, and 8E620, as added July 8, 
2013, at 78 FR 40912-40918, effective January 6, 2014.

0
36. Supplement No. 1 to part 774 (the Commerce Control List) is 
amended:
0
a. By removing the ``License Requirements Note'' paragraph in the 
License Requirements section in the following Export Control 
Classification Number (ECCNs): 1E001;
0
b. By removing the ``License Requirement Notes'' paragraphs in the 
License Requirements section in the following Export Control 
Classification Numbers (ECCNs): 1A002, 1C007, 1C010, 1D002, 2B003, 
2D001, 2E001, 2E002, 3A002, 3B001, 3D001, 4A001, 4E001, 5A001, 5B001, 
5D001, 5E001, 6A001, 6A002, 6A004, 6A006, 6A008, 6B008, 6D001, 6D003, 
6E001, 6E002, 8A001, 8A002, 8D001, 8D002, 8E001, 8E002, 9B001, 9D001, 
9D002, 9E001, 9E002 and 9E003; and
0
c. By removing the ``License Requirement Note'' paragraphs in the 
License Requirements section in the following Export Control 
Classification Numbers (ECCNs): 1E002 and 3E001.

0
37. Supplement No. 1 to part 774 (the Commerce Control List) is amended 
by adding the new section ``REPORTING REQUIREMENTS See Sec.  743.1 of 
the EAR for reporting requirements for exports under License 
Exceptions, Special Comprehensive Licenses, and Validated End-User 
authorizations'' after the License Requirements section in the 
following Export Control Classification Numbers (ECCNs): 1A002, 1C001, 
1C007, 1C010, 1D002, 1E001, 1E002, 2B003, 2D001, 2E001, 2E002, 3A002, 
3D001, 3E001, 4A001, 4D001, 4E001, 5A001, 5B001, 5D001, 5E001, 6A001, 
6A002, 6A004, 6A006, 6A008, 6B008, 6D001, 6D003, 6E001, 6E002, 7D002, 
7D003, 7E001, 7E002, 8A001, 8A002, 8D001, 8D002, 8E001, 8E002, 9B001, 
9D001, 9D002, 9E001, 9E002 and 9E003.

0
38. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0A002 
is amended by revising the heading to read as follows:

[[Page 61905]]

0A002 Power generating or propulsion equipment ``specially 
designed'' for use with space, marine or mobile ``nuclear 
reactors''. (These items are ``subject to the ITAR.'' See 22 CFR 
parts 120 through 130.)
* * * * *

0
39. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0A018 
is amended by revising the heading to read as follows:

0A018 Items on the Wassenaar Munitions List (see List of Items 
Controlled).
* * * * *

0
40. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0A979 
is amended by revising the heading to read as follows:

0A979 Police helmets and shields; and ``specially designed'' 
``components,'' n.e.s.
* * * * *

0
41. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0A981 
is amended by revising the heading to read as follows:

0A981 Equipment designed for the execution of human beings as 
follows (see List of Items Controlled).
* * * * *

0
42. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0A982 
is amended by revising the heading to read as follows:

0A982 Law enforcement restraint devices, including leg irons, 
shackles, and handcuffs; straight jackets; stun cuffs; shock belts; 
shock sleeves; multipoint restraint devices such as restraint 
chairs; and ``specially designed'' ``parts,'' ``components'' and 
``accessories,'' n.e.s.
* * * * *

0
43. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0A983 
is amended by revising the heading to read as follows:

0A983 ``Specially designed'' implements of torture, including 
thumbscrews, thumbcuffs, fingercuffs, spiked batons, and ``specially 
designed'' ``parts,'' ``components'' and ``accessories,'' n.e.s.
* * * * *

0
44. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0A984 
is amended:
0
a. By revising the first ``CC'' paragraph in the Control(s) paragraph 
of the License Requirements section; and
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

0A984 Shotguns with barrel length 18 inches (45.72 cm) or over; 
receivers; barrels of 18 inches (45.72 cm) or longer but not longer 
than 24 inches (60.96 cm); complete trigger mechanisms; magazines 
and magazine extension tubes; complete breech mechanisms; buckshot 
shotgun shells; except equipment used exclusively to treat or 
tranquilize animals, and except arms designed solely for signal, 
flare, or saluting use.

License Requirements

Reason for Control: * * *

 
                Control(s)                          Country chart
 
 
                                * * * * *
CC applies to shotguns with a barrel        CC Column 1
 length greater than or equal to 18 in.
 (45.72 cm), but less than 24 in. (60.96
 cm), shotgun ``components'' controlled by
 this entry, and buckshot shotgun shells
 controlled by this entry, regardless of
 end-user.
 
                                * * * * *
 

* * * * *

List of Items Controlled

* * * * *
Related Controls: This entry does not control shotguns with a barrel 
length of less than 18 inches (45.72 cm). These items are ``subject 
to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *

0
45. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0A985 
is amended by revising the heading to read as follows:

0A985 Discharge type arms and devices to administer electric shock, 
for example, stun guns, shock batons, shock shields, electric cattle 
prods, immobilization guns and projectiles; except equipment used 
exclusively to treat or tranquilize animals, and except arms 
designed solely for signal, flare, or saluting use; and ``specially 
designed'' ``parts'' and ``components,'' n.e.s.
* * * * *

0
46. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0A986 
is amended by revising the heading to read as follows:

0A986 Shotgun shells, except buckshot shotgun shells, ``specially 
designed'' ``parts'' and ``components.''
* * * * *

0
47. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0A987 
is amended by revising the heading to read as follows:

0A987 Optical sighting devices for firearms (including shotguns 
controlled by 0A984); and ``components'' as follows (see List of 
Items Controlled).
* * * * *

0
48. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0D001 
is amended:
0
a. By revising the heading; and
0
b. By revising the second Control(s) paragraph in the License 
Requirements section to read as follows:

0D001 ``Software'' ``specially designed'' or modified for the 
``development,'' ``production'' or ``use'' of commodities described 
in 0A001, 0A002, 0B (except 0B986 and 0B999), or 0C.

License Requirements

Reason for Control:
Control(s)
* * * * *
    ``Software'' for items described in 0A002 is ``subject to the 
ITAR'' (see 22 CFR parts 120 through 130).
* * * * *

0
49. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1A001 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Related Controls'' paragraph (1) in the List of 
Items Controlled section to read as follows:

1A001 ``Parts'' and ``components'' made from fluorinated compounds, 
as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *

[[Page 61906]]

Related Controls: (1) Items specially designed or modified for 
missiles or for items on the U.S. Munitions List are ``subject to 
the ITAR'' (see 22 CFR parts 120 through 130, including USML 
Category XXI).
* * * * *

0
50. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1A002 is amended by revising the ``Related Controls'' paragraph 
(3) in the List of Items Controlled section to read as follows:

1A002 ``Composite'' structures or laminates, having any of the 
following (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (3) ``Composite'' structures ``specially 
designed'' for missile applications (including ``specially 
designed'' subsystems, ``parts,'' and ``components'') are controlled 
by ECCN 9A110.
* * * * *

0
51. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1A004 is amended:
0
a. By revising the heading;
0
b. By revising ``Related Controls'' paragraph (4) in the List of Items 
Controlled section;
0
c. By revising the introductory text of ``items'' paragraphs a and c in 
the List of Items Controlled section; and
0
d. By revising Technical Notes ``1'' at the end of the List of Items 
Controlled section to read as follows:

1A004 Protective and detection equipment and ``components,'' not 
``specially designed'' for military use, as follows (see List of 
Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (4) Chemical and biological protective and 
detection equipment specifically designed, developed, modified, 
configured, or adapted for military applications is ``subject to the 
ITAR'' (see 22 CFR parts 120 through 130, including USML Category 
XIV(f)), as is commercial equipment that incorporates ``parts'' or 
``components'' controlled under that category except for domestic 
preparedness devices for individual protection that integrate 
``components'' and ``parts'' identified in USML Category XIV(f)(4) 
when such ``parts'' or ``components'' are: (i) Integral to the 
device; (ii) inseparable from the device; and (iii) incapable of 
replacement without compromising the effectiveness of the device, in 
which case the equipment is ``subject to the EAR'' under ECCN 1A004.
Related Definitions: * * *
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:
* * * * *
    c. Detection systems, ``specially designed'' or modified for 
detection or identification of any of the following, and ``specially 
designed'' ``components'' therefor:
* * * * *

    Technical Notes: 

    1. 1A004 includes equipment, ``components'' that have been 
`identified,' successfully tested to national standards or otherwise 
proven effective, for the detection of or defense against 
radioactive materials ``adapted for use in war,'' biological agents 
``adapted for use in war,'' chemical warfare agent, `simulants' or 
``riot control agents,'' even if such equipment or ``components'' 
are used in civil industries such as mining, quarrying, agriculture, 
pharmaceuticals, medical, veterinary, environmental, waste 
management, or the food industry.
* * * * *

0
52. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1A005 is amended:
0
a. By revising the heading;
0
b. By revising the ``Related Controls'' paragraph (1) in the List of 
Items Controlled section; and
0
c. By revising ``items'' paragraph a in the List of Items Controlled 
section to read as follows:

1A005 Body armor and ``specially designed'' ``components'' therefor, 
as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) Bulletproof and bullet resistant vests (body 
armor) NIJ levels III and IV, are ``subject to the ITAR'' (see 22 
CFR parts 120 through 130, including USML Categories X(a) and 
XIII(e)). * * *
Related Definitions: * * *
Items:
    a. Soft body armor not manufactured to military standards or 
specifications, or to their equivalents, and ``specially designed'' 
components therefor;
* * * * *

0
53. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1A006 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

1A006 Equipment, ``specially designed'' or modified for the disposal 
of improvised explosive devices, as follows (see List of Items 
Controlled), and ``specially designed'' ``components'' and 
``accessories'' therefor.
* * * * *

List of Items Controlled

* * * * *
Related Controls: Equipment ``specially designed'' for military use 
for the disposal of improvised explosive devices is ``subject to the 
ITAR'' (see 22 CFR parts 120 through 130, including USML Category 
IV).
* * * * *

0
54. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1A007 is amended by revising the ``Related Controls'' paragraph 
in the List of Items Controlled section to read as follows:

1A007 Equipment and devices, ``specially designed'' to initiate 
charges and devices containing energetic materials, by electrical 
means, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) Equipment and devices ``specially designed'' 
for military use are ``subject to the ITAR'' (see 22 CFR parts 120 
through 130). (2) This entry does not control detonators using only 
primary explosives, such as lead azide. (3) See also 3A229. (4) See 
1E001 for ``development'' and ``production'' technology controls, 
and 1E201 for ``use'' technology controls.
* * * * *

0
55. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1A008 is amended:
0
a. By revising the heading;
0
b. By revising the introductory text of ``Related Controls'' paragraph 
(1) and the ``Related Controls'' paragraph (2) in the List of Items 
Controlled section; and
0
c. By revising the introductory text of ``items'' paragraph b in the 
List of Items Controlled section to read as follows:

1A008 Charges, devices and ``components,'' as follows (see List of 
Items Controlled).
* * * * *

[[Page 61907]]

List of Items Controlled

* * * * *
Related Controls: (1) All of the following are ``subject to the 
ITAR'' (see 22 CFR parts 120 through 130):
* * * * *
    (2) See also ECCNs 1C011, 1C018, 1C111, and 1C239 for additional 
controlled energetic materials. See ECCN 1E001 for the 
``development'' or ``production'' ``technology'' for the commodities 
controlled by ECCN 1A008, but not for explosives or commodities that 
are ``subject to the ITAR.''
* * * * *
Items:
* * * * *
    b. Linear shaped cutting charges having all of the following, 
and ``specially designed'' ``components'' therefor:
* * * * *

0
56. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1A101 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled to read as follows:

1A101 Devices for reduced observables such as radar reflectivity, 
ultraviolet/infrared signatures and acoustic signatures, for 
applications usable in rockets, missiles, or unmanned aerial 
vehicles capable of achieving a ``range'' equal to or greater than 
300 km or their complete subsystems.
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) See also 1C101. (2) For commodities that meet 
the definition of defense articles under 22 CFR 120.3 of the 
International Traffic in Arms Regulations (ITAR), which describes 
similar commodities ``subject to the ITAR'' (See 22 CFR parts 120 
through 130, including USML Category XIII).

* * * * *

0
57. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1A102 is amended by revising the heading to read as follows:

1A102 Resaturated pyrolized carbon-carbon ``parts'' and 
``components'' designed for rockets, missiles, or unmanned aerial 
vehicles capable of achieving a ``range'' equal to or greater than 
300 km. (These items are ``subject to the ITAR.'' See 22 CFR parts 
120 through 130.)
* * * * *

0
58. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1A290 is amended by revising the ``Related Controls'' paragraphs 
(1) and (3) in the List of Items Controlled section to read as follows:

1A290 Depleted uranium (any uranium containing less than 0.711% of 
the isotope U-235) in shipments of more than 1,000 kilograms in the 
form of shielding contained in X-ray units, radiographic exposure or 
teletherapy devices, radioactive thermoelectric generators, or 
packaging for the transportation of radioactive materials.
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) This entry does not control depleted uranium 
in fabricated forms for use in munitions. See 22 CFR part 121 for 
depleted uranium ``subject to the ITAR'' * * * (3) ``Natural 
uranium'' or ``depleted uranium'' or thorium in the form of metal, 
alloy, chemical compound or concentrate and any other material 
containing one or more of the foregoing are subject to the export 
licensing authority of the Nuclear Regulatory Commission (see 10 CFR 
part 110).
* * * * *

0
59. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1A985 is amended by revising the ``Related Controls'' paragraph 
in the List of Items Controlled section to read as follows:

1A985 Fingerprinting powders, dyes, and inks.
* * * * *

List of Items Controlled

* * * * *
Related Controls: See 3A981.
* * * * *

0
60. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1A995 is amended by revising the heading to read as follows:

1A995 Protective and detection equipment not ``specially designed'' 
for military use and not controlled by ECCN 1A004 or ECCN 2B351, as 
follows (see List of Items Controlled), and ``parts'' and 
``components'' not ``specially designed'' for military use and not 
controlled by ECCN 1A004 or ECCN 2B351 therefor.
* * * * *

0
61. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1B001 is amended:
0
a. By revising the heading; and
0
b. By revising ``items'' paragraph f.2 in the List of Items Controlled 
section to read as follows:

1B001 Equipment for the production or inspection of ``composite'' 
structures or laminates controlled by 1A002 or ``fibrous or 
filamentary materials'' controlled by 1C010, as follows (see List of 
Items Controlled), and ``specially designed'' ``components'' and 
``accessories'' therefor.
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    f.2. Numerically controlled ultrasonic testing machines of which 
the motions for positioning transmitters or receivers are 
simultaneously coordinated and programmed in four or more axes to 
follow the three dimensional contours of the ``part'' or ``component'' 
under inspection;
* * * * *

0
62. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1B003 is amended:
0
a. By revising ``Related Controls'' paragraph in the List of Items 
Controlled section; and
0
b. By revising ``items'' paragraph c in the List of Items Controlled 
section to read as follows:

1B003 Tools, dies, molds or fixtures, for ``superplastic forming'' 
or ``diffusion bonding'' titanium, aluminum or their alloys, 
``specially designed'' for the manufacture of any of the following 
(see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: For ``specially designed'' production equipment of 
systems, sub-systems, and ``parts'' and ``components'' controlled by 
9A005 to 9A009, 9A011, 9A101, 9A105 to 9A109, 9A111, and 9A116 to 
9A120 usable in ``missiles,'' see 9B115.
* * * * *
Items:
* * * * *

[[Page 61908]]

    c. ``Specially designed'' ``parts'' and ``components'' for 
structures specified by 1B003.a or for engines specified by 1B003.b.
* * * * *

0
63. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1B018 is amended by revising the heading to read as follows:

1B018 Items on the Wassenaar Arrangement Munitions List (see List of 
Items Controlled).
* * * * *

0
64. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1B101 is amended:
0
a. By revising the heading; and
0
b. By revising ``Related Definitions'' paragraph in the List of Items 
Controlled section to read as follows:

1B101 Equipment, other than that controlled by 1B001, for the 
``production'' of structural composites, fibers, prepregs or 
preforms, usable for rockets, missiles, or unmanned aerial vehicles 
capable of achieving a ``range'' equal to or greater than 300 km and 
their subsystems, as follows (see List of Items Controlled); and 
``specially designed'' ``parts,'' ``components'' and ``accessories'' 
therefor.
* * * * *

List of Items Controlled

* * * * *
Related Definitions: Examples of ``parts,'' ``components'' and 
accessories for the machines controlled by this entry are molds, 
mandrels, dies, fixtures and tooling for the preform pressing, 
curing, casting, sintering or bonding of composite structures, 
laminates and manufactures thereof.
* * * * *

0
65. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1B102 is amended:
0
a. By revising the heading; and
0
b. By revising the introductory text of ``items'' paragraph b in List 
of Items Controlled section to read as follows:

1B102 Metal powder ``production equipment,'' other than that 
specified in 1B002, and ``parts'' and ``components'' as follows (see 
List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b. ``Specially designed'' ``parts'' and ``components'' for 
``production equipment'' specified in 1B002 or 1B102.a.
* * * * *

0
66. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1B115 is amended by revising the heading to read as follows:

1B115 Equipment, other than that controlled in 1B002 or 1B102, for 
the ``production'' of propellant or propellant constituents (see 
List of Items Controlled), and ``specially designed'' ``parts'' and 
``components'' therefor.
* * * * *

0
67. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1B117 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

1B117 Batch mixers with provision for mixing under vacuum in the 
range from zero to 13.326 kPa and with temperature control 
capability of the mixing chamber and having all of the following 
characteristics (see List of Items Controlled), and ``specially 
designed'' ``parts'' and ``components'' therefor.
* * * * *

List of Items Controlled

* * * * *
Related Controls: See 1B115, 1B118, and 1B119.
* * * * *

0
68. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1B118 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

1B118 Continuous mixers with provision for mixing under vacuum in 
the range from zero to 13.326 kPa and with temperature control 
capability of the mixing chamber and having any of the following 
characteristics (see List of Items Controlled), and ``specially 
designed'' ``parts'' and ``components'' therefor.
* * * * *

List of Items Controlled

* * * * *
Related Controls: See 1B115, 1B117, and 1B119.

* * * * *

0
69. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1B119 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

1B119 Fluid energy mills usable for grinding or milling propellant 
or propellant constituents specified in 1C011.a, 1C011.b or 1C111, 
or on the U.S. Munitions List, and ``specially designed'' ``parts'' 
and ``components'' therefor.
* * * * *

List of Items Controlled

* * * * *
Related Controls: See 1B115, 1B117 and 1B118.
* * * * *

0
70. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1B225 is amended by revising the ``Related Controls'' paragraph 
in the List of Items Controlled section to read as follows:

1B225 Electrolytic cells for fluorine production with a production 
capacity greater than 250 g of fluorine per hour.
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) See ECCNs 1E001 (``development'' and 
``production'') and 1E201 (``use'') for technology for items 
controlled by this entry. (2) See ECCN 1B999 for specific processing 
equipment, n.e.s.
* * * * *

0
71. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C002 is amended by revising ``items'' paragraph c.1.a in the 
List of Items Controlled section to read as follows:

1C002 Metal alloys, metal alloy powder and alloyed materials, as 
follows (see List of Items Controlled).
* * * * *

[[Page 61909]]

List of Items Controlled

* * * * *
Items:
* * * * *
    c.1.a. Nickel alloys (Ni-Al-X, Ni-X-Al) qualified for turbine 
engine ``parts'' or ``components,'' i.e. with less than 3 non-
metallic particles (introduced during the manufacturing process) 
larger than 100 [micro]m in 10\9\ alloy particles;
* * * * *

0
72. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C011 is amended by revising the introductory text of the 
``Related Controls'' paragraph (2) in the List of Items Controlled 
section to read as follows:

1C011 Metals and compounds, as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (2) All of the following are ``subject to 
the ITAR'' (see 22 CFR parts 120 through 130): * * *
* * * * *

0
73. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C101 is amended by revising the ``Related Controls'' paragraph 
(3) in the List of Items Controlled section to read as follows:

1C101 Materials for Reduced Observables such as Radar Reflectivity, 
Ultraviolet/Infrared Signatures and Acoustic Signatures (i.e., 
Stealth Technology), Other than Those Controlled by 1C001, for 
applications usable in rockets, missiles, or unmanned aerial 
vehicles capable of achieving a ``range'' equal to or greater than 
300 km, and their subsystems.
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (3) For commodities that meet the definition 
of defense articles under 22 CFR 120.3 of the International Traffic 
in Arms Regulations (ITAR), which describes similar commodities 
``subject to the ITAR'' (See 22 CFR parts 120 through 130, including 
USML Category XIII).
* * * * *

0
74. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C102 is amended by revising the heading to read as follows:

1C102 Resaturated pyrolized carbon-carbon materials designed for 
space launch vehicles specified in 9A004 or sounding rockets 
specified in 9A104. (These items are ``subject to the ITAR.'' See 22 
CFR parts 120 through 130.)
* * * * *

0
75. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C107 is amended by revising the ``Related Controls'' paragraph 
in the List of Items Controlled section to read as follows:

1C107 Graphite and ceramic materials, other than those controlled by 
1C007, which can be machined to any of the following products as 
follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) See also 1C004, 1C007, and 1C298. (2) For 
commodities that meet the definition of defense articles under 22 
CFR 120.3 of the ITAR, which describes similar commodities ``subject 
to the ITAR'' (See 22 CFR parts 120 through 130, including USML 
Category XIII). (3) ``Special fissile materials'' and ``other 
fissile materials''; except, four ``effective grams'' or less when 
contained in a sensing component in instruments are subject to the 
export licensing authority of the Nuclear Regulatory Commission (see 
10 CFR part 110).
* * * * *

0
76. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C111 is amended by revising the ``Related Controls'' paragraphs 
(1) and (2) in the List of Items Controlled section to read as follows:

1C111 Propellants and constituent chemicals for propellants, other 
than those specified in 1C011, as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) Butacene, as defined by C111.c.1, and some 
HTPB are ``subject to the ITAR.'' (See 22 CFR parts 120 through 130, 
including USML Category V, other ferrocene derivatives). (2) See 
1C018 for controls on oxidizers that are composed of fluorine and 
one or more of the following--other halogens, oxygen, or nitrogen. 
Solid oxidizer substances are ``subject to the ITAR'' (see 22 CFR 
parts 120 through 130, including USML Category V). * * *
* * * * *

0
77. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C117 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

1C117 Materials for the fabrication of missile ``parts'' or 
``components'' for rockets or missiles capable of achieving a 
``range'' equal to or greater than 300 km, as follows (see List of 
Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: See 1C226.
* * * * *

0
78. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C233 is amended by revising the ``Related Controls'' paragraph 
in the List of Items Controlled section to read as follows:

1C233 Lithium enriched in the lithium-6 (\6\Li) isotope to greater 
than its natural isotopic abundance, and products or devices 
containing enriched lithium, as follows: elemental lithium, alloys, 
compounds, mixtures containing lithium, manufactures thereof, and 
waste or scrap of any of the foregoing.
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) See ECCNs 1E001 (``development'' and 
``production'') and 1E201 (``use'') for technology for items 
controlled by this entry. (2) See ECCN 1B233 for lithium isotope 
separation facilities or plants, and equipment therefor. (3) Certain 
facilities or plants for the separation of lithium isotopes are 
subject to the export licensing authority of the Nuclear Regulatory 
Commission (see 10 CFR part 110).
* * * * *

0
79. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C239 is amended by revising the ``Related Controls'' paragraph 
(3) in the

[[Page 61910]]

List of Items Controlled section to read as follows:

1C239 High explosives, other than those controlled by the U.S. 
Munitions List, or substances or mixtures containing more than 2% by 
weight thereof, with a crystal density greater than 1.8 g/cm\3\ and 
having a detonation velocity greater than 8,000 m/s.
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (3) High explosives for military use are 
``subject to the ITAR'' (see 22 CFR part 121.12).
* * * * *

0
80. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C240 is amended by revising the heading to read as follows:

1C240 Nickel powder or porous nickel metal, other than nickel powder 
or porous nickel metal, specially prepared for the manufacture of 
gaseous diffusion barriers subject to the export licensing authority 
of the Nuclear Regulatory Commission (see 10 CFR part 110), as 
follows (see List of Items Controlled).
* * * * *

0
81. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C298 is amended:
0
a. By revising the License Requirement Note paragraph in the License 
Requirements section; and
0
b. By revising the Related Controls paragraph in the List of Items 
Controlled section to read as follows:

1C298 Graphite with a boron content of less than 5 parts per million 
and a density greater than 1.5 grams per cubic centimeter that is 
intended for use other than in a nuclear reactor.

License Requirements

* * * * *

    License Requirement Note:  Some graphite intended for use in a 
nuclear reactor is subject to the export licensing authority of the 
Nuclear Regulatory Commission (see 10 CFR part 110).

* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) See also 1C107. (2) Graphite having a purity 
level of less than 5 parts per million ``boron equivalent'' as 
measured according to ASTM standard C-1233-98 and intended for use 
in a nuclear reactor is subject to the export licensing authority of 
the Nuclear Regulatory Commission (see 10 CFR part 110).
* * * * *

0
82. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C350 is amended:
0
a. By revising the heading;
0
b. By revising ``Note to Mixtures'' paragraph b and ``Technical Notes'' 
paragraph 1 in the License Requirements section; and
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

1C350 Chemicals that may be used as precursors for toxic chemical 
agents (see List of Items Controlled).

License Requirements

* * * * *

    Licenses Requirements Notes: 

* * * * *
2. * * *
* * * * *
Notes to Mixtures: * * *
* * * * *
    b. Percent Weight Calculation. When calculating the percentage, 
by weight, of ingredients in a chemical mixture, include all 
ingredients of the mixture, including those that act as solvents.
* * * * *

    Technical Notes:  * * *

    1. For purposes of this entry, a ``mixture'' is defined as a 
solid, liquid or gaseous product made up of two or more ingredients 
that do not react together under normal storage conditions.
* * * * *

List of Items Controlled

* * * * *
Related Controls: See USML Category XIV(c) for related chemicals 
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *

0
83. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C351 is amended by revising the ``Related Controls'' paragraph 
(1) and (3) in the List of Items Controlled section to read as follows:

1C351 Human and zoonotic pathogens and ``toxins,'' as follows (see 
List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) Certain forms of ricin and saxitoxin in 
1C351.d.11. and d.12 are CWC Schedule 1 chemicals (see Sec.  742.18 
of the EAR). The U.S. Government must provide advance notification 
and annual reports to the OPCW of all exports of Schedule 1 
chemicals. See Sec.  745.1 of the EAR for notification procedures. 
See 22 CFR part 121, Category XIV and Sec.  121.7 for CWC Schedule 1 
chemicals that are ``subject to the ITAR.''
    * * * (3) See 22 CFR part 121, Category XIV(b), for modified 
biological agents and biologically derived substances that are 
``subject to the ITAR.''
* * * * *

0
84. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C355 is amended;
0
a. By revising the heading; and
0
b. By revising ``Note to Mixtures'' paragraph b and ``Technical Notes'' 
in the License Requirements section to read as follows:

1C355 Chemical Weapons Convention (CWC) Schedule 2 and 3 chemicals 
and families of chemicals not controlled by ECCN 1C350 or ``subject 
to the ITAR'' (see 22 CFR parts 120 through 130) (see List of Items 
Controlled).

License Requirements

* * * * *

    Licenses Requirements Notes: 

* * * * *
1. * * *
* * * * *
Notes to Mixtures: * * *
* * * * *
    b. Percent Weight Calculation. When calculating the percentage, 
by weight, of ingredients in a chemical mixture, include all 
ingredients of the mixture, including those that act as solvents.
* * * * *

    Technical Notes:  For purposes of this entry, a ``mixture'' is 
defined as a solid, liquid or gaseous product made up of two or more 
ingredients that do not react together under normal storage 
conditions.

* * * * *

0
85. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C992 is amended:
0
a. By revising the heading; and

0
b. By revising the ``Related Definitions'' paragraphs (1), (3) and (4) 
in the List of Items Controlled section to read as follows:

1C992 Commercial charges and devices containing energetic materials, 
n.e.s. and nitrogen trifluoride in a gaseous state (see List of 
Items Controlled).
* * * * *

[[Page 61911]]

List of Items Controlled

* * * * *
Related Definitions: (1) Items controlled by this entry 1C992 are 
those materials not ``subject to the ITAR'' (see 22 CFR parts 120 
through 130) or controlled by ECCN 1C018. * * * (3) The individual 
USML controlled energetic materials, even when compounded with other 
materials, remain ``subject to the ITAR'' when not incorporated into 
explosive devices or charges controlled by this entry. (4) 
Commercial prefabricated slurries and emulsions containing greater 
than 35% of USML controlled energetic materials are ``subject to the 
ITAR'' (see 22 CFR parts 120 through 130). * * *
* * * * *

0
86. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C996 is amended by revising the heading to read as follows:

1C996 Hydraulic fluids containing synthetic hydrocarbon oils, not 
controlled by 1C006, having all the following characteristics (see 
List of Items Controlled).
* * * * *

0
87. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1D002 is amended by revising the ``Related Controls'' paragraph 
in the List of Items Controlled to read as follows:

1D002 ``Software'' for the ``development'' of organic ``matrix,'' 
metal ``matrix'' or carbon ``matrix'' laminates or ``composites''.
* * * * *

List of Items Controlled

* * * * *
Related Controls: ``Software'' for items controlled by 1A102 are 
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *

0
88. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1D103 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Related Controls'' paragraph (2) in the List of 
Items Controlled section to read as follows:

1D103 ``Software'' ``specially designed'' for reduced observables 
such as radar reflectivity, ultraviolet/infrared signatures and 
acoustic signatures, for applications usable in rockets, missiles, 
or unmanned aerial vehicles capable of delivering at least a 500 kg 
payload to a ``range'' equal to or greater than 300 km and their 
complete subsystems.
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (2) For software that meets the definition 
of defense articles under 22 CFR 120.3 of the International Traffic 
in Arms Regulations (ITAR), which describes similar software that 
are ``subject to the ITAR'' (see 22 CFR parts 120 through 130, 
including USML Category XIII).
* * * * *

0
89. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1D993 is amended by revising the heading to read as follows:

1D993 ``Software'' ``specially designed'' for the ``development,'' 
``production'' or ``use'' of materials controlled by 1C210.b, or 
1C990.
* * * * *

0
90. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1E001 is amended:
0
a. By revising the heading;
0
b. By removing ``1A008,'' from the first entry in the License 
Requirements table;
0
c. By revising the License Exception TSR paragraph (2) introductory 
text in the License Exceptions section;
0
d. By revising the Special Conditions for License Exception STA 
section; and
0
e. By revising the ``Related Controls'' paragraph (4) in the List of 
Items Controlled section to read as follows:

1E001 ``Technology'' according to the General Technology Note for 
the ``Development'' or ``Production'' of items controlled by 
1A001.b, 1A001.c, 1A002, 1A003, 1A004, 1A005, 1A006.b, 1A007, 1A101, 
1B (except 1B999), or 1C (except 1C355, 1C980 to 1C984, 1C988, 
1C990, 1C991, 1C995 to 1C999).
* * * * *

License Exceptions

* * * * *
TSR: * * *

    (2) Exports and reexports to destinations outside of those 
countries listed in Country Group A:5 (See Supplement No. 1 to part 
740 of the EAR) of ``technology'' for the ``development'' or 
production'' of the following:
* * * * *
STA: License Exception STA may not be used to ship or transmit 
``technology'' according to the General Technology Note for the 
``development'' or ``production'' of equipment and materials 
specified by ECCNs 1A002, 1C001, 1C007.c or d, or 1C010.c or d to 
any of the eight destinations listed in Sec.  740.20(c)(2) of the 
EAR.

List of Items Controlled

* * * * *
Related Controls: * * * (4) ``Technology'' for items described in 
ECCN 1A102 is ``subject to the ITAR'' (see 22 CFR parts 120 through 
130).
* * * * *
0
91. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1E101 is amended by revising the ``Related Controls'' paragraph 
in the List of Items Controlled section to read as follows:

1E101 ``Technology,'' in accordance with the General Technology 
Note, for the ``use'' of commodities and software controlled by 
1A101, 1A102, 1B001, 1B101, 1B102, 1B115 to 1B119, 1C001, 1C007, 
1C011, 1C101, 1C107, 1C111, 1C116, 1C117, 1C118, 1D001, 1D101, or 
1D103.
* * * * *

List of Items Controlled

* * * * *
Related Controls: ``Technology'' for items controlled by 1A102 is 
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *

0
92. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2A001 is amended:
0
a. By revising the heading;
0
b. By revising the ``Related Controls'' paragraph (2) in the List of 
Items Controlled section; and
0
c. By redesignating Note to the ``items'' paragraph (a) in the List of 
Items Control section as Note 2 and adding a new Note 1 to read as 
follows:

2A001 Anti-friction bearings and bearing systems, as follows, (see 
List of Items Controlled) and ``components'' therefor.
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (2) Quiet running bearings are ``subject to 
the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
Items:
    Note 1: A001.a includes ball bearing and roller elements 
``specially designed'' for the items specified therein.
* * * * *

[[Page 61912]]

0
93. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2A226 is amended by revising the ``Related Controls'' paragraph 
(2) in the List of Items Controlled section to read as follows:

2A226 Valves having all of the following characteristics (see List 
of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (2) Also see ECCNs 2A292, 2B350.g and 2B999. 
* * *
* * * * *

0
94. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2A291 is amended:
0
a. By revising the heading;
0
b. By revising the ``Related Controls'' paragraph (5) in the List of 
Items Controlled section; and
0
c. By revising the ``items'' paragraph d in the List of Items 
Controlled section to read as follows:

2A291 Equipment, except items controlled by 2A290, related to 
nuclear material handling and processing and to nuclear reactors, 
and ``parts,'' ``components'' and ``accessories'' therefor (see List 
of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (5) Nuclear radiation detection and 
measurement devices ``specially designed'' or modified for military 
purposes are ``subject to the ITAR'' (see 22 CFR parts 120 through 
130).
* * * * *
Items:
* * * * *
    d. Commodities, ``parts,'' ``components'' and accessories 
``specially designed'' or prepared for use with nuclear plants 
(e.g., snubbers, airlocks, pumps, reactor fuel charging and 
discharging equipment, containment equipment such as hydrogen 
recombiner and penetration seals, and reactor and fuel inspection 
equipment, including ultrasonic or eddy current test equipment).
* * * * *

0
95. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2A292 is amended by revising the ``Related Controls'' paragraph 
(3) in the List of Items Controlled section to read as follows:

2A292 Piping, fittings and valves made of, or lined with, stainless 
steel, copper-nickel alloy or other alloy steel containing 10% or 
more nickel and/or chromium.
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (3) Also see ECCNs 2A226, 2B350 and 2B999. * 
* *
* * * * *

0
96. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2A983 is amended by revising the heading to read as follows:

2A983 Explosives or detonator detection equipment, both bulk and 
trace based, consisting of an automated device, or combination of 
devices for automated decision making to detect the presence of 
different types of explosives, explosive residue, or detonators; and 
``parts'' and ``components,'' n.e.s.
* * * * *

0
97. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2A984 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Related Controls'' paragraph (1) in the List of 
Items Controlled section to read as follows:

2A984 Concealed object detection equipment operating in the 
frequency range from 30 GHz to 3000 GHz and having a spatial 
resolution of 0.5 milliradian up to and including 1 milliradian at a 
standoff distance of 100 meters; and ``parts'' and ``components,'' 
n.e.s.
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) Concealed object detection equipment operating 
in the frequency range from 30 GHz to 3000 GHz and having a spatial 
resolution less than 0.5 milliradian (a lower milliradian number 
means a more accurate image resolution) at a standoff distance of 
100 meters is ``subject to the ITAR'' (see 22 CFR parts 120 through 
130). * * *
* * * * *

0
98. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2A991 is amended:
0
a. By revising the heading;
0
b. By revising the ``Related Controls'' paragraph (2) in the List of 
Items Controlled section; and
0
c. By revising the introductory text of paragraph a, and paragraphs 
a.2, and b.1 of the ``items'' paragraph in the List of Items Controlled 
section to read as follows:

2A991 Bearings and bearing systems not controlled by 2A001 (see List 
of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (2) Quiet running bearings are ``subject to 
the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
Items:
    a. Ball bearings or Solid ball bearings, having tolerances 
specified by the manufacturer in accordance with ABEC 7, ABEC 7P, or 
ABEC 7T or ISO Standard Class 4 or better (or equivalents) and 
having any of the following characteristics.
* * * * *
    a.2. With lubricating elements or ``part'' or ``component'' 
modifications that, according to the manufacturer's specifications, 
are ``specially designed'' to enable the bearings to operate at 
speeds exceeding 2.3 million DN.
* * * * *
    b. * * *
    b.1. With lubricating elements or ``part'' or ``component'' 
modifications that, according to the manufacturer's specifications, 
are ``specially designed'' to enable the bearings to operate at 
speeds exceeding 2.3 million DN; or
* * * * *

0
99. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2A994 is amended:
0
a. By revising the heading; and
0
b. By revising the ``related definitions'' paragraph in the List of 
Items Controlled section to read as follows:

2A994 Portable electric generators and ``specially designed'' 
``parts'' and ``components.''
* * * * *

List of Items Controlled

* * * * *
Related Definitions: `Portable electric generators'--The generators 
that are in 2A994 are portable--5,000 lbs or less on wheels or 
transportable in a 2\1/2\ ton truck without a ``special set up 
requirement.
* * * * *

0
100. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B001 is amended by revising the parenthetical phrase following 
sentence (2) of the second entry in the License Requirements table 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

[[Page 61913]]

``numerical control'', as follows (see List of Items Controlled).

License Requirements

Reason for Control: * * *

 
                Control(s)                          Country chart
 
 
                                * * * * *
NP applies to 2B001.a, .b, .c, and .d,      NP Column 1
 EXCEPT: * * * (2) * * * (Machines may
 have drilling and/or milling capabilities
 for machining ``parts'' or ``components''
 with diameters less than 42 mm); * * *.
 
                                * * * * *
 

* * * * *

0
101. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B003 is amended by adding quotes around the term components in 
the heading.

0
102. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B004 is amended by adding quotes around the term components in 
the heading.

0
103. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B005 is amended by revising the heading to read as follows:

2B005 Equipment ``specially designed'' for the deposition, 
processing and in-process control of inorganic overlays, coatings 
and surface modifications, as follows, for non-electronic 
substrates, by processes shown in the Table and associated Notes 
following 2E003.f (see List of Items Controlled), and ``specially 
designed'' automated handling, positioning, manipulation and control 
``components'' therefor.
* * * * *

0
104. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B105 is amended by revising the ``Related Controls'' paragraph 
(3) in the List of Items Controlled section to read as follows:

2B105 Chemical vapor deposition (CVD) furnaces, other than those 
controlled by 2B005.a, designed or modified for the densification of 
carbon-carbon composites.
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (3) Also see ECCNs 2B005, 2B117, 2B226 and 
2B227.
* * * * *

0
105. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B109 is amended:
0
a. By revising the heading; and
0
b. By revising ``Technical Notes'' paragraph (2) in the ``items'' 
paragraph in the List of Items Controlled section to read as follows:

2B109 Flow-forming machines, other than those controlled by 2B009, 
and ``specially designed'' ``parts'' and ``components'' therefor 
(see List of Items Controlled).
* * * * *

List of Items Controlled

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

    Technical Notes: 

* * * * *
2. 2B109 does not control machines that are not usable in the 
``production'' of propulsion ``parts,'' ``components'' and equipment 
(e.g., motor cases) for systems in 9A005, 9A007.a, or 9A105.a.

0
106. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B116 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Related Controls'' paragraph (3) in the List of 
Items Controlled section to read as follows:

2B116 Vibration test systems and equipment, usable for rockets, 
missiles, or unmanned aerial vehicles capable of achieving a 
``range'' equal to or greater than 300 km and their subsystems, and 
``parts'' and ``components'' therefor, as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (3) Also see ECCNs 9B106 and 9B990.
* * * * *

0
107. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B201 is amended:
0
a. By revising the heading; and
0
b. By revising the Note to paragraph a in the ``items'' paragraph in 
the List of Items Controlled section to read as follows:

2B201 Machine tools, other than those controlled by 2B001, for 
removing or cutting metals, ceramics or ``composites,'' which, 
according to manufacturer's technical specifications, can be 
equipped with electronic devices for simultaneous ``contouring 
control'' in two or more axes, as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
    a. * * *

    Note: Item 2B201.a. does not control bar machines (Swissturn), 
limited to machining only bar feed thru, if maximum bar diameter is 
equal to or less than 42 mm and there is no capability of mounting 
chucks. Machines may have drilling and/or milling capabilities for 
machining ``parts'' or ``components'' with diameters less than 42 
mm.

* * * * *

0
108. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B229 is amended by revising the introductory text to ``items'' 
paragraph b in the List of Items Controlled section to read as follows:

2B229 Centrifugal multiplane balancing machines, fixed or portable, 
horizontal or vertical, as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
    b. Centrifugal balancing machines designed for balancing hollow 
cylindrical rotor ``parts'' or ``components'' and having all of the 
following characteristics:
* * * * *

0
109. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B350 is amended:
0
a. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section;
0
b. By revising the ``Related Definitions'' paragraph in the List of 
Items Controlled section; and
0
c. By adding a note at the end of the ``items'' paragraph, after the 
Technical Notes, in the List of Items Controlled section to read as 
follows:

2B350 Chemical manufacturing facilities and equipment, except valves 
controlled by 2A226 or 2A292, as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: See also ECCNs 2A226, 2A292, 2A293, 2B231 and 
2B999.
Related Definitions: For purposes of this entry the term `chemical 
warfare agents' include those agents ``subject to the ITAR'' (see 22 
CFR parts 120 through 130).

[[Page 61914]]

Items:
* * * * *

    Note: See Categories V and XIV of the United States Munitions 
List for all chemicals that are ``subject to the ITAR'' (see 22 CFR 
parts 120 through 130).

0
110. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B351 is amended:
0
a. By revising the heading; and
0
b. By revising ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

2B351 Toxic gas monitoring systems and their dedicated detecting 
``parts'' and ``components'' (i.e., detectors, sensor devices, and 
replaceable sensor cartridges), as follows, except those systems and 
detectors controlled by ECCN 1A004.c (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: See ECCN 2D351 for ``software'' for toxic gas 
monitoring systems and their dedicated detecting ``parts'' and 
``components'' controlled by this ECCN. Also see ECCN 1A004, which 
controls chemical detection systems and ``specially designed'' 
``parts'' and ``components'' therefor that are ``specially 
designed'' or modified for detection or identification of chemical 
warfare agents, but not ``specially designed'' for military use, and 
ECCN 1A995, which controls certain detection equipment, ``parts'' 
and ``components'' not controlled by ECCN 1A004 or by this ECCN.
* * * * *

0
111. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B352 is amended:
0
a. By revising ``Related Controls'' paragraph in the List of Items 
Controlled section;
0
b. By revising ``items'' paragraphs c.3, d.1.b.2, d.2 and h in the List 
of Items Controlled section; and
0
c. By revising ``Technical Notes'' paragraph 2 at the end of the 
``items'' paragraph in the List of Items Controlled section to read as 
follows:

2B352 Equipment capable of use in handling biological materials, as 
follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: See ECCNs 1A004 and 1A995 for protective equipment 
that is not covered by this entry. Also see ECCN 9A120 for controls 
on certain ``UAV'' systems designed or modified to dispense an 
aerosol and capable of carrying elements of a payload in the form of 
a particulate or liquid, other than fuel ``parts'' or ``components'' 
of such vehicles, of a volume greater than 20 liters.
* * * * *
Items:
* * * * *
    c.3. ``Parts'' or ``components'' of polished stainless steel or 
titanium; and
* * * * *
    d.1.b.2. Using disposable or single-use filtration ``parts'' or 
``components''.
* * * * *
    d.2. Cross (tangential) flow filtration ``parts'' or 
``components'' (e.g., modules, elements, cassettes, cartridges, 
units or plates) with filtration area equal to or greater than 0.2 
square meters (0.2 m\2\) for each ``part'' or ``component'' and 
designed for use in cross (tangential) flow filtration equipment 
controlled by 2B352.d.1.
* * * * *
    h. Spraying or fogging systems and ``parts'' and ``components'' 
therefor, as follows:
* * * * *

    Technical Notes: 

* * * * *
    2. This ECCN does not control spraying or fogging systems, 
``parts'' and ``components,'' as specified in 2B352.h., that are 
demonstrated not to be capable of delivering biological agents in 
the form of infectious aerosols.
* * * * *

0
112. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B991 is amended by revising the heading to read as follows:

2B991 Numerical control units for machine tools and ``numerically 
controlled'' machine tools, n.e.s. (see List of Items Controlled).
* * * * *

0
113. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B992 is amended by revising the heading to read as follows:

2B992 Non-``numerically controlled'' machine tools for generating 
optical quality surfaces, (see List of Items Controlled) and 
``specially designed'' ``parts'' and ``components'' therefor.

* * * * *

0
114. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B996 is amended by revising the heading to read as follows:

2B996 Dimensional inspection or measuring systems or equipment not 
controlled by 2B006 or 2B206, as follows (see List of Items 
Controlled).
* * * * *

0
115. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B998 is amended:
0
a. By revising the heading; and
0
b. By revising ``items'' paragraph c in the List of Items Controlled 
section to read as follows:

2B998 Assemblies, circuit boards or inserts ``specially designed'' 
for machine tools controlled by 2B991, or for equipment controlled 
by 2B993, 2B996 or 2B997.
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    c. ``Specially designed'' printed circuit boards with mounted 
``parts'' or ``components'' capable of upgrading, according to the 
manufacturer's specifications, ``numerical control'' units, machine 
tools or feed-back devices to or above the levels specified in ECCNs 
2B991, 2B993, 2B996, 2B997, or 2B998.
* * * * *

0
116. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B999 is amended by adding a note to ``items'' paragraph g in 
the List of Items Controlled section to read as follows:

2B999 Specific processing equipment, n.e.s., as follows (see List of 
Items Controlled).
* * * * *

    Note: Fittings are considered part of ``piping'' for purposes of 
2B999.g.

* * * * *

0
117. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2D351 is amended by revising the heading to read as follows:

2D351 Dedicated ``software'' for toxic gas monitoring systems and 
their dedicated detecting ``parts'' and ``components'' controlled by 
ECCN 2B351.
* * * * *

0
118. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2D984 is amended by revising the ``Related Controls'' paragraph 
(1) in the List of Items Controlled section to read as follows:

2D984 ``Software'' ``required'' for the ``development,'' 
``production'' or ``use''

[[Page 61915]]

of concealed object detection equipment controlled by 2A984.
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) ``Software'' ``required'' for the 
``development,'' ``production'' or ``use'' of concealed object 
detection equipment operating in the frequency range from 30 GHz to 
3000 GHz and having a spatial resolution less than 0.5 milliradian 
(a lower milliradian number means a more accurate image resolution) 
at a standoff distance of 100 meters is ``subject to the ITAR'' (see 
22 CFR parts 120 through 130). * * *
* * * * *

0
119. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2E001 is amended by revising the heading to read as follows:

2E001 ``Technology'' according to the General Technology Note for 
the ``development'' of equipment or ``software'' controlled by 2A 
(except 2A983, 2A984, 2A991, or 2A994), 2B (except 2B991, 2B993, 
2B996, 2B997, 2B998, or 2B999), or 2D (except 2D983, 2D984, 2D991, 
2D992, or 2D994).
* * * * *

0
120. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2E002 is amended by revising the heading to read as follows:

2E002 ``Technology'' according to the General Technology Note for 
the ``production'' of equipment controlled by 2A (except 2A983, 
2A984, 2A991, or 2A994) or 2B (except 2B991, 2B993, 2B996, 2B997, 
2B998, or 2B999).
* * * * *

0
121. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2E984 is amended by revising the ``Related Controls'' paragraph 
(1) in the List of Items Controlled section to read as follows:

2E984 ``Technology'' ``required'' for the ``development,'' 
``production'' or ``use'' of equipment controlled by 2A984 or 
``required'' for the ``development'' of ``software'' controlled by 
2D984.
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) ``Technology'' ``required'' for the 
``development,'' ``production'' or ``use'' of concealed object 
detection equipment operating in the frequency range from 30 GHz to 
3000 GHz and having a spatial resolution less than 0.5 milliradian 
(a lower milliradian number means a more accurate image resolution) 
at a standoff distance of 100 meters or ``required'' for the 
``development'' of ``software'' ``required'' for the 
``development,'' ``production'' or ``use'' of concealed object 
detection equipment operating in the frequency range from 30 GHz to 
3000 GHz and having a spatial resolution less than 0.5 milliradian 
at a standoff distance of 100 meters is ``subject to the ITAR'' (see 
22 CFR parts 120 through 130). * * *
* * * * *

0
122. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics is amended by adding quotes around the term 
components in ``Note 1'' that immediately follows the Category 3 
(Systems, Equipment and Components) heading.

0
123. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A001 is amended:
0
a. By revising the heading;
0
b. By revising the ``Related Controls'' paragraph (1), the introductory 
text of paragraph (2), and paragraph (2)(c) in the List of Items 
Controlled section; and
0
c. By revising the introductory text to ``items'' paragraphs c and d in 
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

* * * * *
Related Controls: (1) The following commodities are ``subject to the 
ITAR'' when ``space qualified'' and operating at frequencies higher 
than 31.8 GHz: helix tubes (traveling wave tubes (TWT)) defined in 
3A001.b.1.a.4.c; microwave solid state amplifiers defined in 
3A001.b.4.b traveling wave tube amplifiers (TWTA) defined in 
3A001.b.8; and derivatives thereof; (2) The following commodities 
are also ``subject to the ITAR (see 22 CFR parts 120 through 130):'' 
* * * (c) All specifically designed or modified systems or 
subsystems, ``parts,'' ``components,'' accessories, attachments, and 
associated equipment controlled by Category XV (e) of the USML. See 
also 3A101, 3A201, and 3A991. * * *
* * * * *
Items:
* * * * *
    c. Acoustic wave devices as follows and ``specially designed'' 
``components'' therefor:
* * * * *
    d. Electronic devices and circuits containing ``components,'' 
manufactured from ``superconductive'' materials, ``specially 
designed'' for operation at temperatures below the ``critical 
temperature'' of at least one of the ``superconductive'' 
constituents and having any of the following:
* * * * *

0
124. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A002 is amended by revising the first sentence in ``Related Controls'' 
paragraph in the List of Items Controlled section to read as follows:

3A002 General purpose electronic equipment and ``accessories'' 
therefor, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: ``Space-qualified'' atomic frequency standards 
defined in 3A002.g.1 are ``subject to the ITAR'' (see 22 CFR parts 
120 through 130, including USML Category XV). * * *
* * * * *

0
125. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A003 is amended by adding quotes around the term components in the 
heading.

0
126. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A101 is amended:
0
a. By revising the heading; and
0
b. By revising ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

3A101 Electronic equipment, devices, ``parts'' and ``components,'' 
other than those controlled by 3A001, as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: Items controlled in 3A101.a are ``subject to the 
ITAR'' (see 22 CFR parts 120 through 130).
* * * * *

0
127. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A201 is amended:
0
a. By revising the heading;
0
b. By revising the Note to ``items'' paragraph c in the List of Items 
Controlled section to read as follows:

3A201 Electronic ``parts'' and ``components,'' other than those 
controlled by 3A001, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    c. * * *

    Note: 3A201.c does not control accelerators that are ``parts'' 
or ``components'' of devices

[[Page 61916]]

designed for purposes other than electron beam or X-ray radiation 
(electron microscopy, for example) nor those designed for medical 
purposes.

* * * * *

0
128. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A225 is amended by revising the heading to read as follows:

3A225 Frequency changers (also known as converters or inverters) or 
generators, having all of the following characteristics (see List of 
Items Controlled), excluding items that are subject to the export 
licensing authority of the Nuclear Regulatory Commission (see 10 CFR 
part 110).
* * * * *

0
129. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A226 is amended by revising the heading to read as follows:

3A226 High-power direct current power supplies having both of the 
following characteristics (see List of Items Controlled), excluding 
items that are subject to the export licensing authority of the 
Nuclear Regulatory Commission (see 10 CFR part 110).
* * * * *

0
130. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A227 is amended by revising the heading to read as follows:

3A227 High-voltage direct current power supplies, having both of the 
following characteristics (see List of Items Controlled), excluding 
items that are subject to the export licensing authority of the 
Nuclear Regulatory Commission (see 10 CFR part 110).
* * * * *

0
131. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A229 is amended by revising the ``Related Controls'' paragraph (2) in 
the List of Items Controlled section to read as follows:

3A229 Firing sets and equivalent high-current pulse generators (for 
detonators controlled by 3A232), as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (2) High explosives and related equipment 
for military use are ``subject to the ITAR'' (see 22 CFR parts 120 
through 130).
* * * * *

0
132. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A230 is amended by revising the ``Related Controls'' paragraph in the 
List of Items Controlled section to read as follows:

3A230 High-speed pulse generators having both of the following 
characteristics (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) See ECCNs 3E001 (``development'' and 
``production'') and 3E201 (``use'') for technology for items 
controlled under this entry. (2) See ECCNs 3A002.d.1, 3A992.a and 
3A999.d.
* * * * *

0
133. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A232 is amended by revising the ``Related Controls'' paragraph (3) in 
the List of Items Controlled section to read as follows:

3A232 Detonators and multipoint initiation systems, as follows (see 
List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (3) High explosives and related equipment 
for military use are ``subject to the ITAR'' (see 22 CFR parts 120 
through 130).
* * * * *

0
134. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A233 is amended by revising the heading to read as follows:

3A233 Mass spectrometers, capable of measuring ions of 230 atomic 
mass units or greater and having a resolution of better than 2 parts 
in 230, and ion sources therefor, excluding items that are subject 
to the export licensing authority of the Nuclear Regulatory 
Commission (see 10 CFR part 110).
* * * * *

0
135. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A292 is amended:
0
a. By revising the heading; and
0
b. By revising the introductory text to the Note at the end of the 
``items'' paragraph in the List of Items Controlled section to read as 
follows:

3A292 Oscilloscopes and transient recorders other than those 
controlled by 3A002.a.5, and ``specially designed'' ``parts'' and 
``components'' therefor.
* * * * *

List of Items Controlled

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

    Note: ``Specially designed'' ``parts'' and ``components'' 
controlled by this item are the following, for analog oscilloscopes:

* * * * *

0
136. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A980 is amended by revising the heading to read as follows:

3A980 Voice print identification and analysis equipment and 
``specially designed'' ``components'' therefor, n.e.s.
* * * * *

0
137. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A981 is amended by revising the heading to read as follows:

3A981 Polygraphs (except biomedical recorders designed for use in 
medical facilities for monitoring biological and neurophysical 
responses); fingerprint analyzers, cameras and equipment, n.e.s.; 
automated fingerprint and identification retrieval systems, n.e.s.; 
psychological stress analysis equipment; electronic monitoring 
restraint devices; and ``specially designed'' ``components'' and 
``accessories'' therefor, n.e.s.
* * * * *

0
138. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A982 is amended by revising the heading to read as follows:

3A982 Microwave or millimeter wave components that operate at 
frequencies below those controlled by 3A001 as follows (see List of 
Items Controlled).
* * * * *

0
139. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A991 is amended:
0
a. By revising the heading; and
0
b. By revising the introductory text to the ``items'' paragraph l in 
the List of Items Controlled section to read as follows:

3A991 Electronic devices, and ``components'' not controlled by 
3A001.
* * * * *

List of Items Controlled

* * * * *

[[Page 61917]]

Items:
* * * * *
    l. Circuits or systems for electromagnetic energy storage, 
containing ``components'' manufactured from ``superconductive'' 
materials ``specially designed'' for operation at temperatures below 
the ``critical temperature'' of at least one of their 
``superconductive'' constituents, having all of the following:
* * * * *

0
140. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A999 is amended:
0
a. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section; and
0
b. By revising ``items'' paragraph c in the List of Items Controls 
section to read as follows:

3A999 Specific processing equipment, n.e.s., as follows (see List of 
Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) See also 3A225 (for frequency changers capable 
of operating in the frequency range of 600 Hz and above), and 3A233. 
(2) Certain auxiliary systems, equipment, ``parts'' and 
``components'' for isotope separation plants, made of or protected 
by UF6 resistant materials are subject to the export 
licensing authority of the Nuclear Regulatory Commission (see 10 CFR 
part 110).
* * * * *
Items:
* * * * *
    c. All flash x-ray machines, and ``parts'' or ``components'' of 
pulsed power systems designed thereof, including Marx generators, 
high power pulse shaping networks, high voltage capacitors, and 
triggers;
* * * * *

0
141. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3B001 is amended by adding quotes around the term components in the 
heading.

0
142. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3B002 is amended by adding quotes around the term components in the 
heading.

0
143. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3B991 is amended:
0
a. By revising the heading; and
0
b. By revising ``items'' paragraph a and the introductory text of 
``items'' paragraphs b.1 and b.2 in the List of Items Controlled 
section to read as follows:

3B991 Equipment not controlled by 3B001 for the manufacture of 
electronic ``parts,'' ``components'' and materials (see List of 
Items Controlled), and ``specially designed'' ``parts,'' 
``components'' and ``accessories'' therefor.
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    a. Equipment ``specially designed'' for the manufacture of 
electron tubes, optical elements and ``specially designed'' 
``parts'' and ``components'' therefor controlled by 3A001 or 3A991;
* * * * *
    b.1. Equipment for the processing of materials for the 
manufacture of devices, ``parts'' and ``components'' as specified in 
the heading of 3B991.b, as follows:
* * * * *
    b.2. Masks, mask ``substrates,'' mask-making equipment and image 
transfer equipment for the manufacture of devices, ``parts'' and 
``components'' as specified in the heading of 3B991, as follows:
* * * * *

0
144. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3B992 is amended:
0
a. By revising the heading;
0
b. By revising ``items'' paragraph a in the List of Items Controlled 
section; and
0
c. By revising paragraph 3 of the ``Notes'' to ``items'' paragraph 
b.4.b in the List of Items Controlled section to read as follows:

3B992 Equipment not controlled by 3B002 for the inspection or 
testing of electronic ``components'' and materials, (see List of 
Items Controlled) and ``specially designed'' ``parts,'' 
``components'' and ``accessories'' therefor.
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    a. Equipment ``specially designed'' for the inspection or 
testing of electron tubes, optical elements and ``specially 
designed'' ``parts'' and ``components'' therefor controlled by 3A001 
or 3A991;
* * * * *

    Notes: * * *

* * * * *
    3. Electronic ``parts,'' ``components,'' ``assemblies'' and 
integrated circuits not controlled by 3A001 or 3A991 provided such 
test equipment does not incorporate computing facilities with ``user 
accessible programmability''.

0
145. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3D001 is amended by revising the introductory text of ``Related 
Controls'' paragraph in the List of Items Controlled section to read as 
follows:

3D001 ``Software'' ``specially designed'' for the ``development'' or 
``production'' of equipment controlled by 3A001.b to 3A002.g or 3B 
(except 3B991 and 3B992).
* * * * *

List of Items Controlled

* * * * *
Related Controls: ``Software'' ``specially designed'' for the 
``development'' or ``production'' of the following equipment is 
``subject to the ITAR'' (see 22 CFR parts 120 through 130): * * *
* * * * *

0
146. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3D980 is amended by revising the heading to read as follows:

3D980 ``Software'' ``specially designed'' for the ``development,'' 
``production'' or ``use'' of commodities controlled by 3A980 and 
3A981.
* * * * *

0
147. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3D991 is amended by revising the heading to read as follows:

3D991 ``Software'' ``specially designed'' for the ``development,'' 
``production'' or ``use'' of electronic devices, ``parts'' or 
``components'' controlled by 3A991, general purpose electronic 
equipment controlled by 3A992, or manufacturing and test equipment 
controlled by 3B991 and 3B992; or ``software'' ``specially 
designed'' for the ``use'' of equipment controlled by 3B001.g and 
.h.
* * * * *

0
148. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3E001 is amended:
0
a. By revising the introductory text of ``Related Controls'' paragraph 
(2) in the List of Items Controlled section; and
0
b. By revising ``Note 1'' at the end of the ``items'' paragraph in the 
List of Items Controlled to read as follows:

3E001 ``Technology'' according to the General Technology Note for 
the ``development'' or ``production'' of equipment or materials 
controlled by 3A (except 3A292, 3A980, 3A981, 3A991

[[Page 61918]]

3A992, or 3A999), 3B (except 3B991 or 3B992) or 3C (except 3C992).
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (2) ``Technology'' according to the General 
Technology Note for the ``development'' or ``production'' of the 
following commodities is ``subject to the ITAR'' (see 22 CFR parts 
120 through 130): * * *
* * * * *
Items:
* * * * *

    Note 1: 3E001 does not control ``technology'' for the 
``production'' of equipment or ``components'' controlled by 3A003.

* * * * *

0
149. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3E003 is amended by revising ``Related Controls'' paragraph (1) in the 
List of Items Controlled section to read as follows:

3E003 Other ``technology'' for the ``development'' or ``production'' 
of the following (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) Technology for the ``development'' or 
``production'' of ``space qualified'' electronic vacuum tubes 
operating at frequencies of 31.8 GHz or higher, described in 
3E003.g, is ``subject to the ITAR'' (see 22 CFR parts 120 through 
130); * * *
* * * * *

0
150. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3E980 is amended by revising the heading to read as follows:

3E980 ``Technology'' specially designed for ``development,'' 
``production'' or ``use'' of commodities controlled by 3A980 and 
3A981.
* * * * *

0
151. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3E982 is amended by revising the heading to read as follows:

3E982 ``Technology'' ``require'' for the ``development'' or 
``production'' of microwave or millimeter wave ``parts'' or 
``components'' classified under ECCN 3A982.
* * * * *

0
152. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3E991 is amended by revising the heading to read as follows:

3E991 ``Technology'' for the ``development,'' ``production'' or 
``use'' of electronic devices, ``parts'' or ``components'' 
controlled by 3A991, general purpose electronic equipment controlled 
by 3A992, or manufacturing and test equipment controlled by 3B991 or 
3B992, or materials controlled by 3C992.
* * * * *

0
153. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4A001 is amended:
0
a. By revising the heading; and
0
b. By revising ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

4A001 Electronic computers and related equipment, having any of the 
following (see List of Items Controlled), and ``electronic 
assemblies'' and ``specially designed'' ``components'' therefor.
* * * * *

List of Items Controlled

* * * * *
Related Controls: See also 4A101 and 4A994. See Category 5-Part 2 
for electronic computers and related equipment performing or 
incorporating ``information security'' functions as the primary 
function. Equipment designed or rated for transient ionizing 
radiation is ``subject to the ITAR'' (see 22 CFR parts 120 through 
130).
* * * * *

0
154. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4A003 is amended:
0
a. By revising the heading;
0
b. By removing Note 2 at the end of the License Requirements section;
0
c. By adding a Reporting Requirements section after the License 
Requirements section; and
0
d. By revising the License Exception GBS paragraph in the License 
Exceptions section to read as follows:

4A003 ``Digital computers,'' ``electronic assemblies'' and related 
equipment therefor, as follows (see List of Items Controlled) and 
``specially designed'' ``components'' therefor.
* * * * *

Reporting Requirements

    Special Post Shipment Verification reporting and recordkeeping 
requirements for exports of computers to destinations in Computer 
Tier 3 may be found in Sec.  743.2 of the EAR.

License Exceptions

* * * * *
GBS: Yes, for 4A003.e, and .g and ``specially designed'' ``parts'' 
and ``components'' therefor, exported separately or as part of a 
system.
* * * * *

0
155. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4A004 is amended by adding quotes around components in the heading.

0
156. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4A101 is amended by revising the ``Note'' to ``items'' paragraph b in 
the List of Items Controlled section to read as follows:

4A101 Analog computers, ``digital computers'' or digital 
differential analyzers, other than those controlled by 4A001 
designed or modified for use in ``missiles,'' having any of the 
following (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b. * * *

    Note: `Radiation hardened' means that the ``part,'' 
``component'' or equipment is designed or rated to withstand 
radiation levels which meet or exceed a total irradiation dose of 5 
x 10\5\ rads (Si).

* * * * *

0
157. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4A102 is amended by revising the heading to read as follows:

4A102 ``Hybrid computers'' ``specially designed'' for modelling, 
simulation or design integration of ``missiles'' or their 
subsystems. (These items are ``subject to the ITAR.'' See 22 CFR 
parts 120 through 130.)
* * * * *

0
158. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4A994 is amended:
0
a. By revising the heading; and
0
b. By revising the introductory text to ``items'' paragraphs a and k in 
the List of Items Controlled section to read as follows:

4A994 Computers, ``electronic assemblies'' and related equipment not 
controlled by 4A001 or 4A003, and ``specially designed'' ``parts'' 
and ``components'' therefor (see List of Items Controlled).
* * * * *

List of Items Controlled

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

[[Page 61919]]

    a. Electronic computers and related equipment, and ``electronic 
assemblies'' and ``specially designed'' ``parts'' and ``components'' 
therefor, rated for operation at an ambient temperature above 343 K 
(70[deg] C);
* * * * *
    k. ``Hybrid computers'' and ``electronic assemblies'' and 
``specially designed'' ``parts'' and ``components'' therefor 
containing analog-to-digital converters having all of the following 
characteristics:
* * * * *

0
159. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4D001 is amended by adding a Reporting Requirements section after the 
License Requirements section to read as follows:

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

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for 
exports under License Exceptions, Special Comprehensive Licenses, 
and Validated End-User authorizations.
* * * * *

0
160. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4D980 is amended by revising the heading to read as follows:

4D980 ``Software'' ``specially designed'' for the ``development,'' 
``production'' or ``use'' of commodities controlled by 4A980.
* * * * *

0
161. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4E980 is amended by revising the heading to read as follows:

4E980 ``Technology'' for the ``development,'' ``production'' or 
``use'' of commodities controlled by 4A980.
* * * * *

0
162. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security,'' Part 1--
Telecommunications is amended by adding quotes around the term 
components in the introductory text of Note 1, the N.B.2 and Note 2 
that immediately follows the Category 5 Part 1--Telecommunications 
heading.

0
163. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security,'' Part 1--
Telecommunications, Export Control Classification Number (ECCN) 5A001 
is amended:
0
a. By revising the heading;
0
b. By revising ``Related Controls'' paragraph in the List of Items 
Controlled section;
0
c. By revising the introductory text to ``items'' paragraph b, e, and f 
in the List of Items Controlled section; and
0
d. By revising ``items'' paragraph d and the Note to paragraph d in the 
List of Items Controlled section to read as follows:

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

List of Items Controlled

* * * * *
Related Controls: (1) Telecommunications equipment defined in 
5A001.a.1 through 5A001.a.3 for use on board satellites is ``subject 
to the ITAR'' (see 22 CFR parts 120 through 130). (2) Direction 
finding equipment defined in 5A001.e is ``subject to the ITAR'' (see 
22 CFR parts 120 through 130). (3) See also 5A101 and 5A991.
* * * * *
Items:
* * * * *
    b. Telecommunication systems and equipment, and ``specially 
designed'' ``components'' and accessories therefor, having any of 
the following characteristics, functions or features:
* * * * *
    d. ``Electronically steerable phased array antennas'' operating 
above 31.8 GHz;

    Note: 5A001.d does not control ``electronically steerable phased 
array antennas'' for landing systems with instruments meeting ICAO 
standards covering Microwave Landing Systems (MLS).

    e. Radio direction finding equipment operating at frequencies 
above 30 MHz and having all of the following, and ``specially 
designed'' ``components'' therefor:
* * * * *
    f. Mobile telecommunications interception or jamming equipment, 
and monitoring equipment therefor, as follows, and ``specially 
designed'' ``components'' therefor:
* * * * *

0
164. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security,'' Part 1 
Telecommunications, Export Control Classification Number (ECCN) 5A980 
is amended by revising the heading to read as follows:

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

* * * * *

0
165. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security,'' Part 1--
Telecommunications, Export Control Classification Number (ECCN) 5A991 
is amended:
0
a. By revising the heading;
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section;
0
c. By revising the introductory text to ``items'' paragraphs b and c in 
the List of Items Controlled section; and
0
d. By revising ``items'' paragraph c.1, f, g, and h in the List of 
Items Controlled section to read as follows:

5A991 Telecommunication equipment, not controlled by 5A001 (see List 
of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) Telecommunication equipment defined in 5A991 
for use on board satellites is ``subject to the ITAR'' (see 22 CFR 
parts 120 through 130). (2) See also 5E101 and 5E991.
* * * * *
Items:
* * * * *
    b. Telecommunication transmission equipment and systems, and 
``specially designed'' ``parts,'' ``components'' and ``accessories'' 
therefor, having any of the following characteristics, functions or 
features:
* * * * *
    c. ``Stored program controlled'' switching equipment and related 
signaling systems, having any of the following characteristics, 
functions or features, and ``specially designed'' ``parts,'' 
``components'' and ``accessories'' therefor:

    Note: * * *

    c.1. ``Data (message) switching'' equipment or systems designed 
for ``packet-mode operation'' and ``parts,'' electronic assemblies 
and ``components'' therefor, n.e.s.
* * * * *
    f. Phased array antennas, operating above 10.5 GHz, containing 
active elements and distributed ``parts'' or ``components,'' and 
designed to permit electronic control of beam shaping and pointing, 
except for landing systems with instruments meeting International 
Civil Aviation Organization (ICAO) standards (microwave landing 
systems (MLS)).
    g. Mobile communications equipment, n.e.s., and ``parts,'' 
electronic assemblies and ``components'' therefor; or
    h. Radio relay communications equipment designed for use at 
frequencies equal to or exceeding 19.7 GHz and ``parts'' and 
``components'' therefor, n.e.s.

0
166. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security,'' Part 1--
Telecommunications, Export Control Classification Number (ECCN) 5B001 
is amended:

[[Page 61920]]

0
a. By revising the heading;
0
b. By revising the Special Conditions for License Exception STA 
paragraph section; and
0
c. By revising the introductory text to ``items'' paragraph a and b in 
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).
* * * * *
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.
* * * * *
    b. Equipment and ``specially designed'' components or 
``accessories'' therefor, ``specially designed'' for the 
``development'' of any of the following telecommunication 
transmission or switching equipment:
* * * * *

0
167. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security,'' Part 1--
Telecommunications, Export Control Classification Number (ECCN) 5D001 
is amended by revising the License Exception TSR paragraph in the 
License Exceptions section to read as follows:

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

License Exceptions

* * * * *
TSR: Yes, except for exports and reexports to destinations outside 
of those countries listed in Country Group A:5 (See Supplement No. 1 
to part 740 of the EAR) of ``software'' controlled by 5D001.a and 
``specially designed'' for items controlled by 5A001.b.5 and 
5A001.h.
* * * * *

0
168. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security,'' Part 1--
Telecommunications, Export Control Classification Number (ECCN) 5D101 
is amended by revising the heading to read as follows:

5D101 ``Software'' ``specially designed'' or modified for the 
``use'' of equipment controlled by 5A101.
* * * * *

0
169. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security,'' Part 1--
Telecommunications, Export Control Classification Number (ECCN) 5D991 
is amended by revising the heading to read as follows:

5D991 ``Software'' ``specially designed'' or modified for the 
``development,'' ``production'' or ``use'' of equipment controlled 
by 5A991 and 5B991, and dynamic adaptive routing software as 
described as follows (see List of Items Controlled).
* * * * *

0
170. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security,'' Part 1--
Telecommunications, Export Control Classification Number (ECCN) 5E001 
is amended:
0
a. By revising the introductory text of the License Exception TSR 
paragraph in the License Exceptions section;
0
b. By revising ``Related Controls'' paragraph in the List of Items 
Controlled section; and
0
c. By revising the introductory text to ``items'' paragraph e in the 
list of Items Controlled section to read as follows:

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

License Exceptions

* * * * *
TSR: Yes, except for exports and reexports to destinations outside 
of those countries listed in Country Group A:5 (See Supplement No. 1 
to part 740 of the EAR) of ``technology'' controlled by 5E001.a for 
the ``development'' or ``production'' of the following:
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) Technology defined in 5E001.b.1, 5E001.b.2, 
5E001.b.4, or 5E001.c for use on board satellites is ``subject to 
ITAR'' (see 22 CFR parts 120 through 130). (2) See also 5E101, 5E980 
and 5E991.
* * * * *
Items:
* * * * *
    e. ``Technology'' according to the General Technology Note for 
the ``development'' or ``production'' of electronic devices and 
circuits, ``specially designed'' for telecommunications and 
containing ``components'' manufactured from ``superconductive'' 
materials, ``specially designed'' for operation at temperatures 
below the ``critical temperature'' of at least one of the 
``superconductive'' constituents and having any of the following:
* * * * *

0
171. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security,'' Part 2--
Information Security, Export Control Classification Number (ECCN) 5A002 
is amended:
0
a. By revising the heading:
0
b. By revising the License Exception LVS paragraph in the License 
Exceptions section; and
0
c. By revising the introductory text to ``items'' paragraph a in the 
List of Items Controlled section to read as follows:

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

License Exceptions

LVS: Yes: $500 for ``components''. N/A for systems and equipment.
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    a. Systems, equipment, application specific ``electronic 
assemblies,'' modules and integrated circuits for ``information 
security,'' as follows, and ``components'' therefor ``specially 
designed'' for ``information security'':
* * * * *

0
172. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security,'' Part 2--
Information Security, Export Control Classification Number (ECCN) 5A992 
is amended by revising the heading and the ``items'' paragraph b in the 
List of Items Controlled section to read as follows:

5A992 Equipment not controlled by 5A002 (see List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b. ``Information security'' equipment, n.e.s., (e.g., 
cryptographic, cryptanalytic, and cryptologic equipment, n.e.s.) and 
``components'' therefor.
* * * * *

0
173. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security,'' Part 2--
Information Security, Export Control Classification Number (ECCN) 5D992 
is amended by revising the heading to read as follows:

[[Page 61921]]

5D992 ``Information Security'' ``software'' not controlled by 5D002 
as follows (see List of Items Controlled).
* * * * *

0
174. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security,'' Part 2--
Information Security, Export Control Classification Number (ECCN) 5E992 
is amended by revising the heading to read as follows:

5E992 ``Information Security'' ``technology'' according to the 
General Technology Note, not controlled by 5E002, as follows (see 
List of Items Controlled).

0
175. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A001 is amended by adding quotes around the term components in 
the heading and in the introductory text to ``items'' paragraph a, a.1, 
a.1.d, and a.2 and the ``Note'' to a.2.f in the List of Items 
Controlled section.

0
176. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A002 is amended:
0
a. By revising the heading;
0
b. By revising the Special Conditions for License Exception STA 
section; and
0
c. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section; and
0
d. By revising the introductory text to ``items'' paragraphs a.2, a.2.c 
and d in the List of Items Controlled section to read as follows:

6A002 Optical sensors and equipment, and ``components'' therefor, as 
follows (see List of Items Controlled).
* * * * *
STA: License Exception STA may not be used to ship to any of the 
eight destinations listed in Sec.  740.20(c)(2) of the EAR any 
commodity in: 6A002.a.1.a or .b.
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) The following commodities are ``subject to the 
ITAR'' (see 22 CFR parts 120 through 130): (a) ``Image 
intensifiers'' defined in 6A002.a.2 and ``focal plane arrays'' 
defined in 6A002.a.3 ``specially designed,'' modified, or configured 
for military use and not part of civil equipment; (b) ``Space 
qualified'' solid-state detectors defined in 6A002.a.1, ``space 
qualified'' imaging sensors (e.g., ``monospectral imaging sensors'' 
and ``multispectral imaging sensors'') defined in 6A002.b.2.b.1, and 
``space qualified'' cryocoolers defined in 6A002.d.1, unless, on or 
after September 23, 2002, the Department of State issues a commodity 
jurisdiction determination indicating the commodity is subject to 
the EAR. (2) See also 6A102, 6A202, and 6A992.
* * * * *
Items:
* * * * *
    a. * * * * *
    a.2. Image intensifier tubes and ``specially designed'' 
``components'' therefor, as follows:
* * * * *
    a.2.c. ``Specially designed'' ``components,'' as follows:
* * * * *
    d. Special support ``components'' for optical sensors, as 
follows:

* * * * *

0
177. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A003 is amended:
0
a. By revising the heading:
0
b. By removing the License Requirement Notes section;
0
c. By adding a Reporting Requirements section after the License 
Requirements section; and
0
d. By revising the introductory text to ``items'' paragraph a in the 
List of Items Controlled section to read as follows:

6A003 Cameras, systems or equipment, and ``components'' therefor, as 
follows (see List of Items Controlled).
* * * * *

Reporting Requirements

    See Sec.  743.3 of the EAR for thermal camera reporting for 
exports that are not authorized by an individually validated license 
of thermal imaging cameras controlled by ECCN 6A003.b.4.b to 
Albania, Australia, Austria, Belgium, Bulgaria, Croatia, Cyprus, 
Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, 
Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, 
Luxembourg, Malta, the Netherlands, New Zealand, Norway, Poland, 
Portugal, Romania, Slovakia, Slovenia, South Africa, South Korea, 
Spain, Sweden, Switzerland, Turkey, or the United Kingdom, must be 
reported to BIS.
* * * * *

List of Items Controlled

* * * * *
Items:
    a. Instrumentation cameras and ``specially designed'' 
``components'' therefor, as follows:
* * * * *

0
178. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A004 is amended:
0
a. By revising the heading;
0
b. By revising the ``Related Controls'' paragraph (2) in the List of 
Items Controlled section; and
0
c. By revising ``items'' paragraph a.1 in the List of Items Controlled 
section;
0
d. By revising the introductory text of paragraph b in the List of 
Items Controlled section;
0
e. By revising the introductory text of paragraph c in the List of 
Items Controlled section; and
0
f. By revising paragraphs c.1, c.4, and d.1 in the List of Items 
Controlled section to read as follows:

6A004 Optical equipment and components, as follows (see List of 
Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (2) ``Space qualified'' ``parts'' and 
``components'' for optical systems defined in 6A004.c and optical 
control equipment defined in 6A004.d.1 are ``subject to the ITAR'' 
(see 22 CFR parts 120 through 130). * * *
Related Definitions: * * *
Items:
* * * * *
    a.1. ``Deformable mirrors'' having either continuous or multi 
element surfaces, and ``specially designed'' ``components'' 
therefor, capable of dynamically repositioning portions of the 
surface of the mirror at rates exceeding 100 Hz;
* * * * *
    b. Optical ``components'' made from zinc selenide (ZnSe) or zinc 
sulphide (ZnS) with transmission in the wavelength range exceeding 
3,000 nm but not exceeding 25,000 nm and having any of the 
following:
* * * * *
    c. ``Space-qualified'' ``components'' for optical systems, as 
follows:
    c.1. ``Components'' lightweighted to less than 20% ``equivalent 
density'' compared with a solid blank of the same aperture and 
thickness;
* * * * *
    c.4. ``Components manufactured from ``composite'' materials 
having a coefficient of linear thermal expansion equal to or less 
than 5 x 10-\6\ in any coordinate direction;
* * * * *
    d.1. Equipment ``specially designed'' to maintain the surface 
figure or orientation of the ``space-qualified'' ``components'' 
controlled by 6A004.c.1 or 6A004.c.3;
* * * * *

0
179. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A005 is amended:
0
a. By revising the heading;
0
b. By revising the ``Related Controls'' paragraph (6) in the List of 
Items Controlled section;
0
c. By revising the ``Note'' to ``items'' paragraph a.6.b in the List of 
Items Controlled section; and
0
d. By revising ``items'' paragraphs e and f.3 in the List of Items 
Controlled section to read as follows:

6A005 ``Lasers,'' ``components'' and optical equipment, as follows 
(see List of Items

[[Page 61922]]

Controlled), excluding items that are subject to the export 
licensing authority of the Nuclear Regulatory Commission (see 10 CFR 
part 110).
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (6) Shared aperture optical elements, 
capable of operating in ``super-high power laser'' applications, and 
``lasers'' specifically designed, modified, or configured for 
military application are ``subject to ITAR'' (see 22 CFR parts 120 
through 130).
* * * * *
Items:
* * * * *
    a.6.b.2. * * *\TM\

    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.

* * * * *
    e. ``Components'' as follows:
    e.1. Mirrors cooled either by `active cooling' or by heat pipe 
cooling;

    Technical Note:  Active cooling is a cooling technique for 
optical ``components'' using flowing fluids within the subsurface 
(nominally less than 1 mm below the optical surface) of the optical 
component to remove heat from the optic.

    e.2. Optical mirrors or transmissive or partially transmissive 
optical or electro-optical-``components,'' ``specially designed'' 
for use with controlled ``lasers'';
* * * * *
    f.3. Optical equipment, and ``components,'' ``specially 
designed'' for a phased array ``SHPL'' system for coherent beam 
combination to an accuracy of [lambda]/10 at the designed 
wavelength, or 0.1 [mu]m, whichever is the smaller;
* * * * *

0
180. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A006 is amended by adding quotes around the term components in 
the heading.
0
181. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A008 is amended:
0
a. By revising the heading;
0
b. By revising the Note to the ``items'' paragraph in the List of Items 
Controlled section; and
0
c. By revising ``items'' paragraph e in the List of Items Controlled 
section to read as follows:

6A008 Radar systems, equipment and assemblies, having any of the 
following (see List of Items Controlled), and ``specially designed'' 
``components'' therefor.
* * * * *

List of Items Controlled

* * * * *
Items:

    Note: 6A008 does not control:

--Secondary surveillance radar (SSR);
--Civil Automotive Radar;
--Displays or monitors used for air traffic control (ATC);
--Meteorological (weather) radar;
--Precision Approach Radar (PAR) equipment conforming to ICAO 
standards and employing electronically steerable linear (1-
dimensional) arrays or mechanically positioned passive antennas.
* * * * *
0
e. Incorporating electronically steerable array antennas;
* * * * *
0
182. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A103 is amended by revising the heading to read as follows:

6A103 Radomes designed to withstand a combined thermal shock greater 
than 100 cal/sq cm accompanied by a peak over pressure of greater 
than 50 kPa, usable in protecting ``missiles'' against nuclear 
effects (e.g., Electromagnetic Pulse (EMP), X-rays, combined blast 
and thermal effects), and usable for ``missiles''. (These items are 
``subject to the ITAR.'' See 22 CFR parts 120 through 130.)
* * * * *

0
183. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A107 is amended:
0
a. By revising the heading; and
0
b. By revising ``items'' paragraph b in the List of Items Controlled 
section to read as follows:

6A107 Gravity meters (gravimeters) and ``specially designed'' 
``parts'' and ``components'' for gravity meters and gravity 
gradiometers, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b. ``Specially designed'' ``parts'' and ``components'' for 
gravity meters controlled in 6A007.b or 6A107.a and gravity 
gradiometers controlled in 6A007.c.
* * * * *

0
184. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A108 is amended by revising the ``Related Controls'' paragraph 
(2) in the List of Items Controlled section to read as follows:

6A108 Radar systems and tracking systems, other than those 
controlled by 6A008, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (2) Items in 6A108.a that are ``specially 
designed'' or modified for ``missiles'' or for items on the U.S. 
Munitions List are ``subject to the ITAR'' (see 22 CFR parts 120 
through 130).
* * * * *
0
185. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A203 is amended:
0
a. By revising the heading; and
0
b. By revising the introductory text to ``items'' paragraph a and the 
Note to paragraph a in the List of Items Controlled section to read as 
follows:

6A203 Cameras and ``parts'' and ``components,'' other than those 
controlled by 6A003, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    a. Mechanical rotating mirror cameras, as follows, and 
``specially designed'' ``parts'' and ``components'' therefor:
* * * * *

    Note: ``Parts'' and ``components'' of cameras controlled by 
6A203.a include their synchronizing electronics units and rotor 
assemblies consisting of turbines, mirrors and bearings.

* * * * *

0
186. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A205 is amended by revising the heading to read as follows:

6A205 ``Lasers,'' ``laser'' amplifiers and oscillators, other than 
those controlled by 6A005 (see List of Items Controlled), excluding 
items that are subject to the export licensing authority of the 
Nuclear Regulatory Commission (see 10 CFR part 110).
* * * * *

0
187. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A991 is amended by revising the heading to read as follows:

[[Page 61923]]

6A991 Marine or terrestrial acoustic equipment, n.e.s., capable of 
detecting or locating underwater objects or features or positioning 
surface vessels or underwater vehicles; and ``specially designed'' 
``parts'' and ``components,'' n.e.s.
* * * * *

0
188. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A992 is amended:
0
a. By revising the heading; and
0
b. By revising the introductory text to ``items'' paragraph a in the 
List of Items Controlled section to read as follows:

6A992 Optical Sensors, not controlled by 6A002, as follows (see List 
of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    a. Image intensifier tubes and ``specially designed'' 
``components'' therefor, as follows:
* * * * *

0
189. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A994 is amended by revising the heading to read as follows:

6A994 Optics, not controlled by 6A004, as follows (see List of Items 
Controlled).
* * * * *

0
190. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A995 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Note'' following ``items'' paragraph e.2.b in the 
List of Items Controlled section to read as follows:

6A995 ``Lasers'' as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    e.2.b. * * *

    Note: 6A995.e.2.b does not control multiple transverse mode, 
industrial ``lasers'' with output power less than or equal to 2kW 
with a total mass greater than 1,200kg. 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
191. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A996 is amended:
0
a. By revising the heading; and
0
b. By revising the introductory text to ``items'' paragraph b in the 
List of Items Controlled section to read as follows:

6A996 ``Magnetometers'' not controlled by ECCN 6A006, 
``Superconductive'' electromagnetic sensors, and ``specially 
designed'' ``components'' therefor, as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b. ``Superconductive'' electromagnetic sensors, ``components'' 
manufactured from ``superconductive'' materials:
* * * * *

0
192. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A997 is amended by revising the heading to read as follows:

6A997 Gravity meters (gravimeters) for ground use, n.e.s., as 
follows (see List of Items Controlled).
* * * * *

0
193. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A998 is amended:
0
a. By revising the heading; and
0
b. By revising ``items'' paragraph a in the List of Items Controlled 
section to read as follows:

6A998 Radar systems, equipment and ``major components'' n.e.s., and 
``specially designed'' ``components'' therefor, as follows (see List 
of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    a. Airborne radar equipment, n.e.s., and ``specially designed'' 
``components'' therefor.
* * * * *

0
194. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6B008 is amended by adding quotes around the term components in 
the heading.

0
195. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6B995 is amended by revising the heading to read as follows:

6B995 ``Specially designed'' or modified equipment (see List of 
Items Controlled), including tools, dies, fixtures or gauges, and 
other ``specially designed'' ``parts,'' ``components'' and 
``accessories'' therefor as follows (see List of Items Controlled).
* * * * *

0
196. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6C992 is amended by revising the heading to read as follows:

6C992 Optical sensing fibers not controlled by 6A002.d.3 that are 
modified structurally to have a `beat length' of less than 500 mm 
(high birefringence) or optical sensor materials not described in 
6C002.b and having a zinc content of equal to or more than 6% by 
`mole fraction.'
* * * * *

0
197. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6C994 is amended by revising the heading to read as follows:

6C994 Optical materials, as follows (see List of Items Controlled).
* * * * *

0
198. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6D001 is amended:
0
a. By revising the License Exception TSR paragraph (3) in the License 
Exceptions section; and
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

6D001 ``Software'' ``specially designed'' for the ``development'' or 
``production'' of equipment controlled by 6A004, 6A005, 6A008 or 
6B008.
* * * * *

License Exceptions

CIV: * * *
TSR: * * *
    (3) Exports or reexports to destinations outside of those 
countries listed in Country Group A:5 (See Supplement No. 1 to part 
740 of the EAR) of ``software'' ``specially designed'' for the 
``development'' or ``production'' of equipment controlled by 6A004.c 
or d, 6A008.d, h, k or 6B008.
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) ``Software'' ``specially designed'' for the 
``development'' or ``production'' of ``space qualified'' ``parts'' 
and ``components'' for optical systems defined in 6A004.c and 
``space qualified'' optical control equipment defined in 6A004.d.1 
is ``subject to the ITAR'' (see 22

[[Page 61924]]

CFR parts 120 through 130). (2) See also 6D991, and ECCN 6E001 
(``development'') for ``technology'' for items controlled under this 
entry.
* * * * *

0
199. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6D002 is amended by revising the ``Related Controls'' paragraph 
in the List of Items Controlled section to read as follows:

6D002 ``Software'' ``specially designed'' for the ``use'' of 
equipment controlled by 6A002.b, 6A008 or 6B008.
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) ``Software'' ``specially designed'' for the 
``use'' of ``space qualified'' imaging sensors (e.g., ``monospectral 
imaging sensors'' and ``multispectral imaging sensors'') defined in 
6A002.b.2.b.1 is ``subject to the ITAR'' (see 22 CFR parts 120 
through 130), unless, on or after September 23, 2002, the Department 
of State issues a commodity jurisdiction determination indicating 
the ``software'' is subject to the EAR. (2) ``Software'' ``specially 
designed'' for the ``use'' of ``space qualified'' LIDAR equipment 
``specially designed'' for surveying or for meteorological 
observation, released from control under the note in 6A008.j, is 
controlled in 6D991. (3) See also 6D102, 6D991, and 6D992.
* * * * *

0
200. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6D003 is amended by revising the License Exception TSR paragraph 
in the License Exceptions section to read as follows:

6D003 Other ``software'' as follows (see List of Items Controlled).
* * * * *

License Exceptions

* * * * *
TSR: Yes, except for exports or reexports to destinations outside of 
those countries listed in Country Group A:5 (See Supplement No. 1 to 
part 740 of the EAR) of ``software'' for items controlled by 
6D003.a.
* * * * *

0
201. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6D102 is amended by revising the heading to read as follows:

6D102 ``Software'' ``specially designed'' or modified for the 
``use'' of equipment controlled by 6A108.
* * * * *

0
202-203. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6D993 is amended by revising the heading to read as follows:

6D993 Other ``software,'' not controlled by 6D003, as follows (see 
List of Items Controlled).
* * * * *

0
204. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6E001 is amended:
0
a. By removing the term ``equipment'' and adding in its place the term 
``items'' in the ``NP'' and ``RS'' paragraphs in the License 
Requirements section;
0
b. By revising the License Exception TSR paragraph (4) introductory 
text in the License Exceptions section; and
0
c. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

6E001 ``Technology'' according to the General Technology Note for 
the ``development'' of equipment, materials or ``software'' 
controlled by 6A (except 6A991, 6A992, 6A994, 6A995, 6A996, 6A997, 
or 6A998), 6B (except 6B995), 6C (except 6C992 or 6C994) or 6D 
(except 6D991, 6D992, or 6D993).
* * * * *

License Exceptions

* * * * *
TSR: * * *
    (4) Exports or reexports to destinations outside of those 
countries listed in Country Group A:5 (See Supplement No. 1 to part 
740 of the EAR) of ``technology'' for the ``development'' of the 
following:
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) ``Technology'' according to the General 
Technology Note for the ``development'' of the following commodities 
is ``subject to the ITAR'' (see 22 CFR parts 120 through 130): 
``Space qualified'' (a) ``Parts'' and ``components'' for optical 
systems defined in 6A004.c and optical control equipment defined in 
6A004.d.1.; (b) Solid-state detectors defined in 6A002.a.1, 
``imaging sensors'' (e.g., ``monospectral imaging sensors'' and 
``multispectral imaging sensors'') defined in 6A002.b.2.b.1, and 
cryocoolers defined in 6A002.d.1 unless on or after September 23, 
2002, the Department of State issues a commodity jurisdiction 
determination indicating the ``technology'' is subject to the EAR. 
(2) See also 6E101, 6E201, and 6E991.
* * * * *

0
205. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6E002 is amended:
0
a. By removing the term ``equipment'' and adding in its place the term 
``items'' in the ``NP'' and ``RS'' paragraphs in the License 
Requirements section;
0
b. By revising the License Exception TSR paragraph (3) introductory 
text in the License Exceptions section; and
0
c. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

6E002 ``Technology'' according to the General Technology Note for 
the ``production'' of equipment or materials controlled by 6A 
(except 6A991, 6A992, 6A994, 6A995, 6A996, 6A997 or 6A998), 6B 
(except 6B995) or 6C (except 6C992 or 6C994).
* * * * *

License Exceptions

* * * * *
TSR: * * *
    (3) Exports or reexports to destinations outside of those 
countries listed in Country Group A:5 (See Supplement No. 1 to part 
740 of the EAR) of ``technology'' for the ``development'' of the 
following:
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) ``Technology'' according to the General 
Technology Note for the ``production'' of the following commodities 
is ``subject to the ITAR'' (see 22 CFR parts 120 through 130) when 
intended for use on a satellite: ``Space qualified'' (a) ``Parts'' 
and ``components'' for optical systems defined in 6A004.c and 
optical control equipment defined in 6A004.d.1; (b) Solid-state 
detectors defined in 6A002.a.1, ``imaging sensors'' (e.g., 
``monospectral imaging sensors'' and ``multispectral imaging 
sensors'') defined in 6A002.b.2.b.1, and cryocoolers defined in 
6A002.d.1 unless on or after September 23, 2002, the Department of 
State issues a commodity jurisdiction determination indicating the 
``technology'' is subject to the EAR. (2) See also 6E992.
* * * * *

0
206. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6- Sensors and Lasers, Export Control Classification Number 
(ECCN) 6E993 is amended by revising the introductory text to ``items'' 
paragraph a to read as follows:

6E993 Other ``technology,'' not controlled by 6E003, as follows (see 
List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    a. Optical fabrication technologies for serially producing 
optical ``parts'' and ``components'' at a rate exceeding 10 m\2\ of

[[Page 61925]]

surface area per year on any single spindle and having all of the 
following:
* * * * *

0
207. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A001 is amended by adding quotes around the term 
components in the heading.

0
208. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A002 is amended by adding quotes around the term 
component in the heading.

0
209. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A003 is amended:
0
a. By revising the heading;
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section; and
0
c. By revising the introductory text to ``items'' paragraphs a and c in 
the List of Items Controlled section to read as follows:

7A003 Inertial systems and ``specially designed'' ``components,'' as 
follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) See also 7A103 and 7A994. (2) Inertial 
Navigation Systems (INS) and inertial equipment, and ``specially 
designed'' ``parts'' and ``components'' therefor specifically 
designed, modified or configured for military use are ``subject to 
the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
Items:
    a. Inertial Navigation Systems (INS) (gimballed or strapdown) 
and inertial equipment, designed for ``aircraft,'' land vehicles, 
vessels (surface or underwater) or ``spacecraft,'' for navigation, 
attitude, guidance or control and having any of the following and 
``specially designed'' ``components'' therefor:
* * * * *
    c. Inertial measurement equipment for heading or True North 
determination and having any of the following, and ``specially 
designed'' ``components'' therefor:
* * * * *

0
210. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A004 is amended by adding quotes around the term 
components in the heading; and adding quotes around the term Components 
in the ``items'' paragraph b in the List of Items Controlled section.

0
211. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A005 is amended:
0
a. By revising the heading;
0
b. By revising the License Requirements section;
0
c. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section; and
0
d. By revising the ``Note'' to ``items'' paragraph b in the List of 
Items Controlled section to read as follows:

7A005 Global Navigation Satellite Systems (GNSS) receiving equipment 
having any of the following (see List of Items Controlled) and 
``specially designed'' ``components'' therefor.
* * * * *

License Requirements

    These items are ``subject to the ITAR'' (see 22 CFR parts 120 
through 130).

List of Items Controlled

* * * * *
Related Controls: (1) See also 7A105 and 7A994. Typically 
commercially available GPS do not employ decryption or adaptive 
antenna and are classified as 7A994. (2) For equipment ``specially 
designed'' for military use, see Categories XI and XV of the U.S. 
Munitions List (22 CFR 121).
* * * * *
Items:
* * * * *
    b. * * *

    Note: 7A005.b does not apply to GNSS receiving equipment that 
only uses ``components'' designed to filter, switch, or combine 
signals from multiple omni-directional antennas that do not 
implement adaptive antenna techniques.

* * * * *

0
212. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A008 is amended by adding quotes around the term 
components in the heading.

0
213. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A101 is amended:
0
a. By revising the heading; and
0
b. By revising the introductory text to ``items'' paragraph a in the 
List of Items Controlled section to read as follows:

7A101 Accelerometers, other than those controlled by 7A001 (see List 
of Items Controlled), and ``specially designed'' ``parts'' and 
``components'' therefor.
* * * * *

List of Items Controlled

* * * * *
Items:
    a. Linear accelerometers designed for use in inertial navigation 
systems or in guidance systems of all types, usable in ``missiles'' 
having all of the following characteristics, and ``specially 
designed'' ``parts'' and ``components'' therefor:
* * * * *

0
214. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A102 is amended by revising the heading to read as 
follows:

7A102 Gyros, other than those controlled by 7A002 (see List of Items 
Controlled), and ``specially designed'' ``parts'' and ``components'' 
therefor.
* * * * *

0
215. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A103 is amended:
0
a. By revising the heading;
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section; and
0
c. By revising ``items'' paragraph a and b and the introductory text to 
the ``Technical Note'' paragraph at the end of the ``items'' paragraph 
in the List of Items Controlled section to read as follows:

7A103 Instrumentation, navigation equipment and systems, other than 
those controlled by 7A003, and ``specially designed'' ``parts'' and 
``components'' therefor, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) See ECCN 7A003 and 7A994. (2) For rockets, 
missiles, or unmanned aerial vehicles controlled under the U.S. 
Munitions List (USML), items described in 7A103.b are ``subject to 
the ITAR'' (see 22 CFR parts 120 through 130). (3) Inertial 
navigation systems and inertial equipment, and ``specially 
designed'' ``parts'' and ``components'' therefor specifically 
designed, modified or configured for military use are ``subject to 
the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
Items:
* * * * *
    a. Inertial or other equipment using accelerometers or gyros 
controlled by 7A001, 7A002, 7A101 or 7A102 and systems incorporating 
such equipment, and ``specially designed'' ``parts'' and 
``components'' therefor;
    b. Integrated flight instrument systems, which include 
gyrostabilizers or automatic pilots, designed or modified for use in

[[Page 61926]]

rockets, missiles, or unmanned aerial vehicles capable of achieving 
a ``range'' equal to or greater than 300 km, and ``specially 
designed'' ``parts'' and ``components'' therefor.
    c. * * *

    Technical Note: An `integrated navigation system' typically 
incorporates the following ``parts'' and ``components'':

* * * * *

0
216. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A104 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

7A104 Gyro-astro compasses and other devices, other than those 
controlled by 7A004, which derive position or orientation by means 
of automatically tracking celestial bodies or satellites and 
``specially designed'' ``parts'' and ``components'' therefor.
* * * * *

List of Items Controlled

* * * * *
Related Controls: This entry controls ``specially designed'' 
``parts'' and ``components'' for gyro-astro compasses and other 
devices controlled by 7A004.
* * * * *

0
217. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A105 is amended by revising the heading to read as 
follows:

7A105 Receiving equipment for Global Navigation Satellite Systems 
(GNSS) (e.g. GPS, GLONASS, or Galileo) having any of the following 
characteristics, and ``specially designed'' ``parts'' and 
``components'' therefor. (These items are ``subject to the ITAR.'' 
See 22 CFR parts 120 through 130.)
* * * * *

0
218. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A106 is amended by revising the heading to read as 
follows:

7A106 Altimeters, other than those controlled by 7A006, of radar or 
laser radar type, designed or modified for use in ``missiles''. 
(These items are ``subject to the ITAR.'' See 22 CFR parts 120 
through 130.)

0
219. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A107 is amended by revising the heading to read as 
follows:

7A107 Three axis magnetic heading sensors having all of the 
following characteristics (see List of Items Controlled), and 
``specially designed'' ``parts'' and ``components'' therefor.
* * * * *

0
220. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A115 is amended by revising the heading to read as 
follows:

7A115 Passive sensors for determining bearing to specific 
electromagnetic sources (direction finding equipment) or terrain 
characteristics, designed or modified for use in ``missiles''. 
(These items are ``subject to the ITAR.'' See 22 CFR parts 120 
through 130.)

0
221. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A116 is amended by revising the heading to read as 
follows:

7A116 Flight control systems (hydraulic, mechanical, electro-
optical, or electro-mechanical flight control systems (including 
fly-by-wire systems) and attitude control equipment) designed or 
modified for ``missiles''. (These items are ``subject to the ITAR.'' 
See 22 CFR parts 120 through 130.)

0
222. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A117 is amended by revising the heading to read as 
follows:

7A117 ``Guidance sets'' capable of achieving system accuracy of 
3.33% or less of the range (e.g., a ``CEP'' of 10 km or less at a 
``range'' of 300 km). (These items are ``subject to the ITAR.'' See 
22 CFR parts 120 through 130.)

0
223. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A994 is amended:
0
a. By redesignating the License Requirement Note in the License 
Requirements section as License Requirement Note 1;
0
b. By adding a License Requirement Note 2 in the License Requirements 
section; and
0
c. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

7A994 Other navigation direction finding equipment, airborne 
communication equipment, all aircraft inertial navigation systems 
not controlled under 7A003 or 7A103, and other avionic equipment, 
including ``parts'' and ``components,'' n.e.s.

License Requirements

* * * * *

    License Requirement Notes: 

    (1) * * *
    (2) Typically commercially available GPS do not employ 
decryption or adaptive antenna and are classified as 7A994.
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) See also 7A005 and 7A105. (2) QRS11 
Micromachined Angular Rate Sensors are ``subject to the ITAR'' (see 
22 CFR parts 120 through 130), unless the QRS11-00100-100/101 is 
integrated into and included as an integral ``component'' of a 
commercial primary or standby instrument system of the type 
described in ECCN 7A994, or aircraft of the type described in ECCN 
9A991 that incorporates such systems, or is exported solely for 
integration into such a system; or the QRS11-00050-443/569 is 
integrated into an automatic flight control system of the type 
described in ECCN 7A994, or aircraft of the type described in ECCN 
9A991 that incorporates such systems, or are exported solely for 
integration into such a system. (See Commodity Jurisdiction 
requirements in 22 CFR Parts 121; Category VIII(e), Note(1).) In the 
latter case, such items are subject to the EAR. Technology specific 
to the development and production of QRS11 sensors remains ``subject 
to the ITAR'' (see 22 CFR parts 120 through 130).

* * * * *

0
224. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7B003 is amended by revising the ``Related Controls'' 
paragraph (1) in the List of Items Controlled section to read as 
follows:

7B003 Equipment ``specially designed'' for the ``production'' of 
equipment controlled by 7A (except 7A994).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) See also 7B103, (this entry is ``subject to 
the ITAR'' (see 22 CFR parts 120 through 130)) and 7B994. * * *

* * * * *

0
225. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7B103 is amended by revising the heading to read as 
follows:

7B103 ``Specially designed'' ``production facilities'' for equipment 
controlled by 7A117. (These items are ``subject to the ITAR.'' See 
22 CFR parts 120 through 130.)

0
226. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7D001 is amended:

[[Page 61927]]

0
a. By revising the ``RS'' entry in the the License Requirements table; 
and
0
b. By revising the ``Related Controls'' paragraphs (2) and (3) in the 
List of Items Controlled section to read as follows:

7D001 ``Software'' ``specially designed'' or modified for the 
``development'' or ``production'' of equipment controlled by 7A 
(except 7A994) or 7B (except 7B994).

License Requirements

Reason for Control: * * *

 
                Control(s)                          Country chart
 
 
                                * * * * *
RS applies to ``software'' for inertial     RS Column 1
 navigation systems and inertial
 equipment, and ``components'' therefor,
 for ``9A991.b aircraft''.
 
                                * * * * *
 

* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (2) The ``software'' related to 7A003.b, 
7A005, 7A103.b, 7A105, 7A106, 7A115, 7A116, 7A117, or 7B103 is 
``subject to the ITAR'' (see 22 CFR parts 120 through 130). (3) 
``Software'' for inertial navigation systems and inertial equipment 
and ``parts'' or ``components'' ``specially designed'' therefor that 
are directly related to defense articles and not ``specially 
designed'' for use on civil aircraft is ``subject to the ITAR'' (see 
22 CFR parts 120 through 130).
* * * * *

0
227. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7D003 is amended by adding a Reporting Requirements 
section after the License Requirements section to read as follows:

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

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for 
exports under License Exceptions, Special Comprehensive Licenses, 
and Validated End-User authorizations.
* * * * *

0
228. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7D101 is amended:
0
a. By revising the heading;
0
b. By revising the MT entry in the License Requirements table; and
0
c. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

7D101 ``Software'' ``specially designed'' or modified for the 
``use'' of equipment controlled by 7A001 to 7A006, 7A101 to 7A107, 
7A115, 7A116, 7A117, 7B001, 7B002, 7B003, 7B101, 7B102, or 7B103 for 
MT reasons.

License Requirements

Reason for Control: * * *

 
                Control(s)                          Country chart
 
MT applies to the entire entry............  MT Column 1
 
                                * * * * *
 

* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) The ``software'' related to 7A003.b, 7A005, 
7A103.b, 7A105, 7A106, 7A115, 7A116, 7A117, or 7B103 is ``subject to 
the ITAR'' (see 22 CFR parts 120 through 130). (2) ``Software'' for 
inertial navigation systems and inertial equipment and ``parts'' and 
``components'' ``specially designed'' therefor that are directly 
related to a defense article is ``subject to the ITAR'' (see 22 CFR 
parts 120 through 130).

* * * * *

0
229. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7D102 is amended by revising the ``Related Controls'' 
paragraph in the List of Items Controlled section to read as follows:

7D102 Integration ``software,'' as follows (See List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: The ``software'' related to 7A003.b or 7A103.b is 
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *

0
230. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7D103 is amended by revising the heading to read as 
follows:

7D103 ``Software'' ``specially designed'' for modelling or 
simulation of the ``guidance sets'' controlled by 7A117 or for their 
design integration with ``missiles''. (This entry is ``subject to 
the ITAR.'' See 22 CFR parts 120 through 130.)

0
231. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7E001 is amended:
0
a. By revising the RS entry of the License Requirements table;
0
b. By adding a Reporting Requirements section after the License 
Requirements section; and
0
c. By revising the ``Related Controls'' paragraph (2) 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.

License Requirements

Reason for Control: * * *

 
                Control(s)                          Country chart
 
 
                                * * * * *
RS applies to ``technology'' for inertial   RS Column 1
 navigation systems or inertial equipment,
 and ``components'' therefor, for 9A991.b
 aircraft.
 
                                * * * * *
 

* * * * *

Reporting Requirements

See Sec.  743.1 of the EAR for reporting requirements for exports 
under License Exceptions, Special Comprehensive Licenses, and 
Validated End-User authorizations.
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (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 is ``subject to the ITAR'' (see 22 CFR parts 120 
through 130).
* * * * *

0
232. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7E002 is amended:
0
a. By revising the RS entry in the License Requirements table;
0
b. By adding a Reporting Requirements section after the License 
Requirements section; and
0
c. By revising the ``Related Controls'' paragraph (2) in the List of 
Items Controlled section to read as follows:

7E002 ``Technology'' according to the General Technology Note for 
the ``production'' of equipment controlled by 7A (except 7A994) or 
7B (except 7B994).

[[Page 61928]]

License Requirements

Reason for Control: * * *

 
                Control(s)                          Country chart
 
 
                                * * * * *
RS applies to ``technology'' for inertial   RS Column 1
 navigation systems or inertial equipment,
 and ``components'' therefor, for 9A991.b
 aircraft.
 
                                * * * * *
 

Reporting Requirements

See Sec.  743.1 of the EAR for reporting requirements for exports 
under License Exceptions, Special Comprehensive Licenses, and 
Validated End-User authorizations.

* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (2) The ``technology'' related to 7A003.b, 
7A005, 7A103.b, 7A105, 7A106, 7A115, 7A116, 7A117, or 7B103 is 
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *

0
233. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7E101 is amended:
0
a. By revising the heading;
0
b. By revising the RS entry of the License Requirements table; and
0
c. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

7E101 ``Technology,'' according to the General Technology Note for 
the ``use'' of equipment controlled by 7A001 to 7A006, 7A101 to 
7A107, 7A115 to 7A117, 7B001, 7B002, 7B003, 7B101, 7B102, 7B103, or 
7D101 to 7D103 for MT reasons.

License Requirements

Reason for Control: * * *

 
                Control(s)                          Country chart
 
 
                                * * * * *
RS applies to ``technology'' required for   RS Column 1
 the use of inertial navigation systems,
 or inertial equipment, or ``specially
 designed'' ``parts'' and ``components''
 therefor, ``specially designed'' for
 9A991.b aircraft.
 
                                * * * * *
 

* * * * *

List of Items Controlled

* * * * *
Related Controls: The ``technology'' related to 7A003.b, 7A005, 
7A103.b, 7A105, 7A106, 7A115, 7A116, 7A117, 7B103, software 
specified in the Related Controls paragraph of ECCN 7D101, 7D102.a, 
or 7D103 is ``subject to the ITAR'' (see 22 CFR parts 120 through 
130).
* * * * *

0
234. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7E104 is amended by revising the heading to read as 
follows:

7E104 Design ``Technology'' for the integration of the flight 
control, guidance, and propulsion data into a flight management 
system, designed or modified for rockets or missiles capable of 
achieving a ``range'' equal to or greater than 300 km, for 
optimization of rocket system trajectory. (This entry is ``subject 
to the ITAR.'' See 22 CFR parts 120 through 130.)

0
235. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7E994 is amended by revising the ``Related Controls'' 
paragraph in the List of Items Controlled section to read as follows:

7E994 ``Technology,'' n.e.s., for the ``development,'' 
``production'' or ``use'' of navigation, airborne communication, and 
other avionics equipment.
* * * * *

List of Items Controlled

* * * * *
Related Controls: Technology specific to the development and 
production of QRS11 sensors remains ``subject to the ITAR'' (see 22 
CFR parts 120 through 130) and (see ECCN 7A994, Related Controls).
* * * * *

0
236. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 8-Marine, Export Control Classification Number (ECCN) 8A002 is 
amended:
0
a. By revising the heading;
0
b. By revising the introductory text to ``items'' paragraph a in the 
List of Items Controlled section;
0
c. By revising ``items'' paragraphs a.4, o.1.e, and o.2.d in the List 
of Items Controlled section to read as follows:

8A002 Marine systems, equipment, ``parts'' and ``components,'' as 
follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

    a. Systems, equipment, ``parts'' and ``components,'' ``specially 
designed'' or modified for submersible vehicles and designed to 
operate at depths exceeding 1,000 m, as follows:
* * * * *
    a.4. ``Parts'' and ``components'' manufactured from material 
specified by ECCN 8C001;
* * * * *
    o.1.e. Power transmission shaft systems incorporating 
``composite'' material ``parts'' or ``components'' and capable of 
transmitting more than 1 MW;
* * * * *
    o.2.d. Power transmission shaft systems incorporating 
``composite'' material ``parts'' or ``components'' and capable of 
transmitting more than 2 MW;
* * * * *

0
237. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 8--Marine, Export Control Classification Number (ECCN) 8A918 
is removed.

0
238. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 8--Marine, Export Control Classification Number (ECCN) 8A992 
is amended:
0
a. By revising the heading;
0
b. By revising the License Requirements section;
0
c. By revising ``items'' paragraphs f and g in the List of Items 
Controlled section; and
0
d. By adding paragraphs l and m to the ``items'' paragraph in the 
``List of Items Controlled'' section to read as follows:

8A992 Vessels, marine systems or equipment, not controlled by 8A001, 
8A002 or 8A018, and ``specially designed'' ``parts,'' and 
``components'' therefor, and marine boilers and ``parts'' and 
``components,'' ``accessories,'' and ``attachments'' therefor (see 
List of Items Controlled).

License Requirements

Reason for Control: AT, UN

 
                Control(s)                          Country chart
 
AT applies to entire entry................  AT Column 1
UN applies to 8A992.l and m...............  See Sec.   746.1(b) for UN
                                             controls
 

* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    f. Vessels, n.e.s., including inflatable boats, and ``specially 
designed'' ``parts'' and ``components'' therefor, n.e.s.;
    g. Marine engines (both inboard and outboard) and submarine 
engines, n.e.s.; and

[[Page 61929]]

``specially designed'' ``parts'' and ``components'' therefor, 
n.e.s.;
* * * * *
    l. Marine boilers designed to have any of the following 
characteristics:
    l.1. Heat release rate (at maximum rating) equal to or in excess 
of 190,000 BTU per hour per cubic foot of furnace volume; or
    l.2. Ratio of steam generated in pounds per hour (at maximum 
rating) to the dry weight of the boiler in pounds equal to or in 
excess of 0.83.
    m. Major ``components,'' ``accessories,'' and ``attachments'' 
for marine boilers described in 8A992.l.

0
239. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 8-Marine, Export Control Classification Number (ECCN) 8D001 is 
amended by revising the License Exception TSR paragraph in the License 
Exceptions section to read as follows:

8D001 ``Software'' ``specially designed'' or modified for the 
``development'', ``production'' or ``use'' of equipment or 
materials, controlled by 8A (except 8A018 or 8A992), 8B or 8C.
* * * * *

License Exceptions

* * * * *
TSR: Yes, except for exports or reexports to destinations outside of 
those countries listed in Country Group A:5 (See Supplement No. 1 to 
part 740 of the EAR) of ``software'' ``specially designed'' for the 
``development'' or ``production'' of equipment controlled by 
8A001.b, 8A001.d, or 8A002.o.3.b.
* * * * *

0
240. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 8-Marine, Export Control Classification Number (ECCN) 8E001 is 
amended by revising the License Exception TSR paragraph in the License 
Exceptions section to read as follows:

8E001 ``Technology'' according to the General Technology Note for 
the ``development'' or ``production'' of equipment or materials, 
controlled by 8A (except 8A018 or 8A992), 8B or 8C.
* * * * *

License Exceptions

* * * * *
TSR: Yes, except for exports or reexports to destinations outside of 
those countries listed in Country Group A:5 (See Supplement No. 1 to 
part 740 of the EAR) of ``software'' ``specially designed'' for the 
``development'' or ``production'' of equipment controlled by 
8A001.b, 8A001.d, or 8A002.o.3.b.
* * * * *

0
241. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A002 is amended by adding quotes around the term 
components in the heading.

0
242. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A003 is amended by adding quotes around the term 
components in the heading.

0
243. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A004 is amended by revising the heading and the 
``Related Controls'' paragraphs (2), (4), (5) and (6) in the List of 
Items Controlled section to read as follows:

9A004 Space launch vehicles and ``spacecraft'' (see List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls:
* * * * *
    (2) Space launch vehicles are ``subject to the ITAR'' (see 22 
CFR parts 120 through 130).
* * * * *
    (4) All other ``spacecraft'' not controlled under 9A004 and 
their payloads, and specifically designed or modified ``parts,'' 
``components,'' accessories, attachments, and associated equipment, 
including ground support equipment, are ``subject to the ITAR'' (see 
22 CFR parts 120 through 130), unless otherwise transferred to the 
Department of Commerce via a commodity jurisdiction determination by 
the Department of State.
    (5) Exporters requesting a license from the Department of 
Commerce for ``spacecraft'' and their associated ``parts'' and 
``components,'' other than the international space station, must 
provide a statement from the Department of State, Directorate of 
Defense Trade Controls, verifying that the item intended for export 
is under the licensing jurisdiction of the Department of Commerce. 
All ``specially designed'' or modified ``parts,'' ``components,'' 
accessories, attachments, and associated equipment for 
``spacecraft'' that have been determined by the Department of State 
through the commodity jurisdiction process to be under the licensing 
jurisdiction of the Department of Commerce, and that are not 
controlled by any other ECCN on the Commerce Control List, will be 
assigned a classification under this ECCN 9A004.
    (6) Technical data required for the detailed design, 
development, manufacturing, or production of the international space 
station (to include specifically designed ``parts'' and 
``components'') remains ``subject to the ITAR'' (see 22 CFR parts 
120 through 130). This control by the ITAR of detailed design, 
development, manufacturing or production technology for NASA's 
international space station does not include that level of technical 
data necessary and reasonable for assurance that a U.S.-built item 
intended to operate on NASA's international space station has been 
designed, manufactured, and tested in conformance with specified 
requirements (e.g., operational performance, reliability, lifetime, 
product quality, or delivery expectations). All technical data and 
all defense services, including all technical assistance, for launch 
of the international space station, including launch vehicle 
compatibility, integration, or processing data, are ``subject to the 
ITAR'' (see 22 CFR parts 120 through 130).
* * * * *

0
244. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A005 is amended by revising the heading to read as 
follows:

9A005 Liquid rocket propulsion systems containing any of the systems 
or ``components,'' controlled by 9A006. (These items are ``subject 
to the ITAR.'' See 22 CFR parts 120 through 130.)

0
245. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A006 is amended by revising the heading to read as 
follows:

9A006 Systems, ``components,'' ``specially designed'' for liquid 
rocket propulsion systems. (These items are ``subject to the ITAR.'' 
See 22 CFR parts 120 through 130.)

0
246. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A007 is amended by revising the heading to read as 
follows:

9A007 Solid rocket propulsion systems. (These items are ``subject to 
the ITAR.'' See 22 CFR parts 120 through 130.)

0
247. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A008 is amended by revising the heading to read as 
follows:

9A008 ``components'' ``specially designed'' for solid rocket 
propulsion systems. (These items are ``subject to the ITAR.'' See 22 
CFR parts 120 through 130.)

0
248. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A009 is amended by revising the heading to read as 
follows:

9A009 Hybrid rocket propulsion systems. (These items are ``subject 
to the ITAR.'' See 22 CFR parts 120 through 130.)

0
249. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export

[[Page 61930]]

Control Classification Number (ECCN) 9A010 is amended by revising the 
heading to read as follows:

9A010 ``Specially designed'' ``parts,'' ``components,'' systems and 
structures, for launch vehicles, launch vehicle propulsion systems 
or ``spacecraft''. (These items are ``subject to the ITAR.'' See 22 
CFR parts 120 through 130.)

0
250. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A011 is amended by revising the heading to read as 
follows:

9A011 Ramjet, scramjet or combined cycle engines, and ``specially 
designed'' ``parts'' and ``components'' therefor. (These items are 
``subject to the ITAR.'' See 22 CFR parts 120 through 130.)

0
251. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A012 is amended by adding quotes around the term 
components in the heading; in the introductory text to ``items'' 
paragraph b in the List of Items Controlled section; and in ``items'' 
paragraph b.3 in the List of Items Controlled section.

0
252. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A101 is amended by revising the ``Related Controls'' 
paragraph in the List of Items Controlled section to read as follows:

9A101 Turbojet and turbofan engines, other than those controlled by 
9A001, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: 9A101.b controls only engines for non-military 
unmanned air vehicles [UAVs] or remotely piloted vehicles [RPVs], 
and does not control other engines designed or modified for use in 
``missiles,'' which are ``subject to the ITAR'' (see 22 CFR parts 
120 through 130).

* * * * *

0
253. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A103 is amended by revising the heading to read as 
follows:

9A103 Liquid propellant tanks ``specially designed'' for the 
propellants controlled in ECCNs 1C011, 1C111 or other liquid 
propellants used in ``missiles.'' (These items are ``subject to the 
ITAR.'' See 22 CFR parts 120 through 130.)

0
254. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A104 is amended by revising the heading to read as 
follows:

9A104 Sounding rockets, capable of a range of at least 300 km. 
(These items are ``subject to the ITAR.'' See 22 CFR parts 120 
through 130.)

0
255. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A105 is amended by revising the heading to read as 
follows:

9A105 Liquid propellant rocket engines. (These items are ``subject 
to the ITAR.'' See 22 CFR parts 120 through 130.)

0
256. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A106 is amended:
0
a. By revising the heading;
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section; and
0
d. By revising the introductory text to ``items'' paragraph d in the 
List of Items Controlled section to read as follows:

9A106 Systems, ``parts'' or ``components,'' other than those 
controlled by 9A006, usable in ``missiles,'' and ``specially 
designed'' for liquid rocket propulsion systems, as follows (see 
List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: Items described in 9A106.a, .b, and .c are 
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *
Items:
* * * * *
    d. Liquid and slurry propellant (including oxidizers) control 
systems, and ``specially designed'' ``parts'' and ``components'' 
therefor, designed or modified to operate in vibration environments 
greater than 10 g rms between 20 Hz and 2000 Hz.
* * * * *

0
257. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A107 is amended by revising the heading to read as 
follows:

9A107 Solid propellant rocket motors, usable in rockets with a range 
capability of 300 km or greater, other than those controlled by 
9A007, having total impulse capacity equal to or greater than 8.41 x 
10\5\ Ns, but less than 1.1 x 10\6\ Ns. (These items are ``subject 
to the ITAR.'' See 22 CFR parts 120 through 130.)

0
258. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A108 is amended by revising the heading to read as 
follows:

9A108 Solid rocket propulsion ``parts'' and ``components,'' other 
than those controlled by 9A008, usable in rockets with a range 
capability of 300 km or greater. (These items are ``subject to the 
ITAR.'' See 22 CFR parts 120 through 130.)

0
259. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A109 is amended by revising the heading to read as 
follows:

9A109 Hybrid rocket motors, usable in rockets with a range 
capability of 300 km or greater, other than those controlled by 
9A009, and ``specially designed'' ``parts'' and ``components'' 
therefor. (These items are ``subject to the ITAR.'' See 22 CFR parts 
120 through 130.)

0
260. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A110 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Related Controls'' paragraph (2) in the List of 
Items Controlled section to read as follows:

9A110 Composite structures, laminates and manufactures thereof, 
other than those controlled by entry 9A010, ``specially designed'' 
for use in rockets, missiles, or unmanned aerial vehicles capable of 
achieving a ``range'' equal to or greater than 300 km or the 
subsystems controlled by entries 9A005, 9A007, 9A105.a, 9A106 to 
9A109, 9A116, or 9A119.
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (2) ``Composite structures, laminates, and 
manufactures thereof, ``specially designed'' for use in missile 
systems are ``subject to the ITAR'' (see 22 CFR parts 120 through 
130), except those ``specially designed'' for non-military unmanned 
air vehicles controlled in 9A012.
* * * * *

0
261. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A111 is amended by revising the heading to read as 
follows:

9A111 Pulse jet engines, usable in rockets, missiles, or unmanned 
aerial vehicles capable of achieving a ``range'' equal to or greater 
than 300 km, and ``specially

[[Page 61931]]

designed'' ``parts'' and ``components'' therefor. (These items are 
``subject to the ITAR.'' See 22 CFR parts 120 through 130.)

0
262. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A115 is amended by revising the heading to read as 
follows:

9A115 Apparatus, devices and vehicles, designed or modified for the 
transport, handling, control, activation and launching of rockets, 
missiles, and unmanned aerial vehicles capable of achieving a 
``range'' equal to or greater than 300 km. (These items are 
``subject to the ITAR.'' See 22 CFR parts 120 through 130.)

0
263. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A116 is amended by revising the heading to read as 
follows:

9A116 Reentry vehicles, usable in ``missiles,'' and equipment 
designed or modified therefor. (These items are ``subject to the 
ITAR.'' See 22 CFR parts 120 through 130.)

0
264. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A117 is amended by revising the heading to read as 
follows:

9A117 Staging mechanisms, separation mechanisms, and interstages 
therefor, usable in ``missiles''. (These items are ``subject to the 
ITAR.'' See 22 CFR parts 120 through 130.)

0
265. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A118 is amended by revising the heading to read as 
follows:

9A118 Devices to regulate combustion usable in engines which are 
usable in rockets, missiles, and unmanned aerial vehicles capable of 
achieving a ``range'' equal to or greater than 300 km, controlled by 
9A011 or 9A111. (These items are ``subject to the ITAR.'' See 22 CFR 
parts 120 through 130.)

0
266. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A119 is amended by revising the heading to read as 
follows:

9A119 Individual rocket stages, usable in rockets with a range 
capability greater than 300 km or greater, other than those 
controlled by 9A005, 9A007, 9A009, 9A105, 9A107 and 9A109. (These 
items are ``subject to the ITAR.'' See 22 CFR parts 120 through 
130.)

0
267. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A120 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Related Controls'' paragraph to read as follows:

9A120 Complete unmanned aerial vehicles, not specified in 9A012, 
having all of the following characteristics (see List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: See ECCN 9A012 or the U.S. Munitions List Category 
VIII (22 CFR part 121). Also see ECCN 2B352.h for controls on 
certain spraying or fogging systems, and ``parts'' and 
``components'' therefor, ``specially designed'' or modified for 
fitting to aircraft, ``lighter than air vehicles,'' or ``UAVs.''
* * * * *

0
268. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A980 is amended:
0
a. By revising the heading; and
0
b. By adding a heading Note to read as follows:

9A980 Nonmilitary mobile crime science laboratories; and 
accessories, n.e.s.

    Heading Note: In order for a vehicle to be classified as a 
nonmilitary mobile crime scene laboratory under ECCN 9A980, the 
vehicle must contain one or more analytical or laboratory items 
controlled for Crime Control (CC) reasons on the CCL, such as ECCNs 
3A980 and 3A981.

* * * * *

0
269. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A990 is amended:
0
a. By revising the heading; and
0
b. By revising ``items'' paragraphs b and c in the List of Items 
Controlled section to read as follows:

9A990 Diesel engines, n.e.s., and tractors and ``specially 
designed'' ``parts'' and ``components'' therefor, n.e.s. (see List 
of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b. Off highway wheel tractors of carriage capacity 9 mt (20,000 
lbs) or more; and ``major components'' and accessories, n.e.s.
    c. On-Highway tractors, with single or tandem rear axles rated 
for 9 mt per axel (20,000 lbs.) or greater and ``specially 
designed'' ``major components''.
* * * * *

0
270. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A991 is amended:
0
a. By revising the heading;
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section; and
0
c. By revising ``items'' paragraphs b, c introductory text, d, and e in 
the List of Items Controlled section to read as follows:

9A991 ``Aircraft,'' n.e.s., and gas turbine engines not controlled 
by 9A001 or 9A101 and ``parts'' and ``components,'' n.e.s. (see List 
of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: QRS11 Micromachined Angular Rate Sensors are 
``subject to the ITAR'' (see 22 CFR parts 120 through 130), unless 
the QRS11-00100-100/101 is integrated into and included as an 
integral ``component'' of a commercial primary or standby instrument 
system of the type described in ECCN 7A994, or aircraft of the type 
described in ECCN 9A991 that incorporates such a system, or is 
exported solely for integration into such a system; or the QRS11-
00050-443/569 is integrated into an automatic flight control system 
of the type described in ECCN 7A994, or aircraft of the type 
described in ECCN 9A991 that incorporates such a system, or are 
exported solely for integration into such a system. (See Commodity 
Jurisdiction requirements in 22 CFR Part 121; Category VIII(e), 
Note(1)) In the latter case, such items are subject to the EAR. 
Technology specific to the development and production of QRS11 
sensors remains ``subject to the ITAR'' (see 22 CFR parts 120 
through 130).
* * * * *
Items:
* * * * *
    b. Aircraft n.e.s.;
    c. Aero gas turbine engines, and ``parts'' and ``components'' 
``specially designed'' therefor.
* * * * *
    d. ``Parts'' and ``components'' ``specially designed'' for 
``aircraft'' subject to the controls of ECCN 9A991.a or .b., n.e.s.
    e. Pressurized aircraft breathing equipment, n.e.s.; and 
``parts'' and ``components'' ``specially designed'' therefor, n.e.s.

0
271. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9B001 is amended:
0
a. By revising the ``MT'' entry in the License Requirements table; and
0
c. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

[[Page 61932]]

9B001 Equipment, tooling and fixtures, ``specially designed'' for 
manufacturing gas turbine blades, vanes or ``tip shroud'' castings, 
as follows (see List of Items Controlled).

License Requirements

Reason for Control: * * *

 
                Control(s)                          Country chart
 
 
                                * * * * *
MT applies to equipment for engines         MT Column 1
 controlled under 9A001 for MT reasons and
 for engines controlled under 9A101.
 
                                * * * * *
 

* * * * *

List of Items Controlled

* * * * *
Related Controls: For ``specially designed'' production equipment of 
systems, sub-systems, ``parts'' and ``components'' controlled by 
9A005 to 9A009, 9A011, 9A101, 9A105 to 9A109, 9A111, and 9A116 to 
9A119 usable in ``missiles'' see 9B115. See also 9B991.
* * * * *

0
272. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9B002 is amended:
0
a. By revising the heading;
0
b. By revising the ``MT'' entry in the License Requirements table; and
0
c. By revising ``items'' paragraph a in the List of Items Controlled 
section to read as follows:

9B002 On-line (real time) control systems, instrumentation 
(including sensors) or automated data acquisition and processing 
equipment, having all of the following (see List of Items 
Controlled).

License Requirements

Reason for Control: * * *

 
                Control(s)                          Country chart
 
 
                                * * * * *
MT applies to equipment for engines         MT Column 1
 controlled under 9A001 for MT reasons and
 for engines controlled under 9A101.
 
                                * * * * *
 

* * * * *

List of Items Controlled

* * * * *
Items:

    a. ``Specially designed'' for the ``development'' of gas turbine 
engines, assemblies, ``parts'' or ``components''; and
* * * * *

0
273. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9B003 is amended:
0
a. By revising the heading; and
0
b. By revising the ``MT'' entry in the License Requirements table to 
read as follows:

9B003 Equipment ``specially designed'' for the ``production'' or 
test of gas turbine brush seals designed to operate at tip speeds 
exceeding 335 m/s, and temperatures in excess of 773 K (500 [deg]C), 
and ``specially designed'' ``components'' or ``accessories'' 
therefor.

License Requirements

Reason for Control: * * *

 
                Control(s)                          Country chart
 
 
                                * * * * *
MT applies to equipment for engines         MT Column 1
 controlled under 9A001 for MT reasons and
 for engines controlled under 9A101.
 
                                * * * * *
 

* * * * *

0
274. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9B004 is amended by revising the ``MT'' entry in the 
License Requirements table to read as follows:

9B004 Tools, dies or fixtures, for the solid state joining of 
``superalloy'', titanium or intermetallic airfoil-to-disk 
combinations described in 9E003.a.3 or 9E003.a.6 for gas turbines.

License Requirements

Reason for Control: * * *

 
                Control(s)                          Country chart
 
 
                                * * * * *
MT applies to equipment for engines         MT Column 1
 controlled under 9A001 for MT reasons and
 for engines controlled under 9A101.
 
                                * * * * *
 

* * * * *

0
275. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9B009 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

9B009 Tooling ``specially designed'' for producing turbine engine 
powder metallurgy rotor ``parts'' or ``components'' capable of 
operating at stress levels of 60% of Ultimate Tensile Strength (UTS) 
or more and metal temperatures of 873 K (600 [deg]C) or more.
* * * * *

List of Items Controlled

* * * * *
Related Controls: See ECCN 9B002.

* * * * *

0
276. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9- Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9B010 is amended by adding quotes around the term 
components in the heading.

0
277. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9B115 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

9B115 ``Specially designed'' ``production equipment'' for the 
systems, sub-systems, ``parts'' and ``components'' controlled by 
9A004 to 9A009, 9A011, 9A101, 9A103 to 9A109, 9A111, 9A116 to 9A119.
* * * * *

List of Items Controlled

* * * * *
Related Controls: Although items described in ECCNs 9A004 to 9A009, 
9A011, 9A101, 9A104 to 9A109; 9A111, 9A116 to 9A119 are ``subject to 
the ITAR'' (see 22 CFR parts 120 through 130), the ``production 
equipment'' controlled in this entry that is related to these items 
is subject to the EAR.
* * * * *

0
278. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9B116 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

9B116 ``Specially designed'' ``production facilities'' for the 
systems, sub-systems, ``parts'' and ``components'' controlled by

[[Page 61933]]

9A004 to 9A009, 9A011, 9A012, 9A101, 9A103 to 9A109, 9A111, 9A116 to 
9A119.
* * * * *

List of Items Controlled

* * * * *
Related Controls: Although items described in ECCNs 9A004 to 9A009, 
9A011, 9A101, 9A104 to 9A109; 9A111, 9A116 to 9A119 are ``subject to 
the ITAR'' (see 22 CFR parts 120 through 130), the ``production 
equipment'' controlled in this entry that is related to these items 
is subject to the EAR.
* * * * *

0
279. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9- Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9B610 as added April 16, 2013, at 78 FR 22732, effective 
October 15, 2013, is amended by revising the ``Related Controls'' 
paragraph in the List of Items Controlled section to read as follows:

9B610 Test, inspection, and production ``equipment'' and related 
commodities ``specially designed'' for the ``development'' or 
``production'' of commodities enumerated in ECCN 9A610 or USML 
Category VIII.
* * * * *

List of Items Controlled

* * * * *
Related Controls: USML Category VIII (h)(1) controls parts, 
components, accessories, equipment, and attachments specially 
designed for various models of stealth and low observable aircraft.
* * * * *

0
280. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9- Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9B619 as added April 16, 2013, at 78 FR 22732, effective 
October 15, 2013, is amended by revising the ``Related Controls'' 
paragraph in the List of Items Controlled section to read as follows:

9B619 Test, inspection, and production ``equipment'' and related 
commodities ``specially designed'' for the ``development'' or 
``production'' of commodities enumerated in ECCN 9A619 or USML 
Category XIX.
* * * * *

List of Items Controlled

* * * * *
Related Controls: USML Category XIX (f)(1) controls parts, 
components, accessories, equipment, and attachments specially 
designed for various models of stealth and low observable aircraft.

* * * * *

0
281. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9- Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9B990 is amended by revising the heading to read as 
follows:

9B990 Vibration test equipment and ``specially designed'' ``parts'' 
and ``components,'' n.e.s.

* * * * *

0
282. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9- Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9B991 is amended by revising the heading to read as 
follows:

9B991 ``Specially designed'' equipment, tooling or fixtures, not 
controlled by 9B001, as described in the List of Items Controlled, 
for manufacturing or measuring gas turbine blades, vanes or tip 
shroud castings as follows (see List of Items Controlled).
* * * * *

0
283. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9D001 is amended by revising the ``Related Controls'' 
paragraph in the List of Items Controlled section to read as follows:

9D001 ``Software'' ``specially designed'' or modified for the 
``development'' of equipment or ``technology,'' controlled by 9A 
(except 9A018, 9A990 or 9A991), 9B (except 9B990 or 9B991) or 9E003.
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) ``Software'' ``required'' for the 
``development'' of items controlled by 9A004 is ``subject to the 
ITAR'' (see 22 CFR parts 120 through 130). (2) ``Software'' 
``required'' for the ``development'' of equipment or ``technology'' 
``subject to the ITAR'' is also ``subject to the ITAR'' (see 22 CFR 
parts 120 through 130).
* * * * *

0
284. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9D002 is amended by revising the ``Related Controls'' 
paragraph in the List of Items Controlled section to read as follows:

9D002 ``Software'' ``specially designed'' or modified for the 
``production'' of equipment controlled by 9A (except 9A018, 9A990, 
or 9A991) or 9B (except 9B990 or 9B991).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) ``Software'' ``required'' for the 
``production'' of items controlled by 9A004 is ``subject to the 
ITAR'' (see 22 CFR parts 120 through 130). (2) ``Software'' 
``required'' for the ``production'' of equipment or ``technology'' 
``subject to the ITAR'' is also ``subject to the ITAR'' (see 22 CFR 
parts 120 through 130).
* * * * *

0
285. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9D003 is amended by revising the ``Related Controls'' 
paragraph (2) in the List of Items Controlled section to read as 
follows:

9D003 ``Software'' incorporating ``technology'' specified by 9E003.h 
and used in ``FADEC Systems'' for propulsion systems controlled by 
9A (except 9A018, 9A990 or 9A991) or equipment controlled by 9B 
(except 9B990 or 9B991).
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (2) ``Software'' ``required'' for the 
``use'' of equipment or ``technology'' ``subject to the ITAR'' is 
also ``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *

0
286. In Supplement No. 9 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9D004 is amended by revising ``items'' paragraphs b and e 
to read as follows:

9D004 Other ``software'' as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b. ``Software'' for testing aero gas turbine engines, 
assemblies, ``parts'' or ``components,'' ``specially designed'' to 
collect, reduce and analyze data in real time and capable of 
feedback control, including the dynamic adjustment of test articles 
or test conditions, as the test is in progress;
* * * * *
    e. ``Software'' ``specially designed'' or modified for the 
operation of ``UAVs'' and associated systems, equipment, 
``components,'' controlled by 9A012;
* * * * *

0
287. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9D103 is amended by revising the heading to read as 
follows:

9D103 ``Software'' ``specially designed'' for modelling, simulation 
or design integration of ``missiles,'' or the subsystems controlled 
by 9A005, 9A007, 9A009, 9A105, 9A106, 9A107, 9A108, 9A109, 9A116 or 
9A119. (This entry is

[[Page 61934]]

``subject to the ITAR.'' See 22 CFR parts 120 through 130.)

0
288. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9D104 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

9D104 ``Software'' ``specially designed'' or modified for the 
``use'' of equipment controlled by 9A001, 9A005, 9A006, 9A007, 
9A008, 9A009, 9A010, 9A011, 9A012 (for MT controlled items only), 
9A101, 9A105, 9A106.c, .d and .e, 9A107, 9A108, 9A109, 9A111, 9A115, 
9A116, 9A117, or 9A118.
* * * * *

List of Items Controlled

* * * * *
Related Controls: ``Software'' for commodities controlled by 9A005 
to 9A011, 9A105, 9A106.c, 9A107 to 9A109, 9A111, 9A115, 9A116, 
9A117, and 9A118 is ``subject to the ITAR'' (see 22 CFR parts 120 
through 130).
* * * * *

0
289. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9D105 is amended by revising the heading to read as 
follows:

9D105 ``Software'' that coordinates the function of more than one 
subsystem, ``specially designed'' or modified for ``use'' in 
rockets, missiles, or unmanned aerial vehicles capable of achieving 
a ``range'' equal to or greater than 300 km. (These items are 
``subject to the ITAR.'' See 22 CFR parts 120 through 130.)

0
290. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9E001 is amended by revising the ``Related Controls'' 
paragraphs (2) and (3) in the List of Items Controlled section to read 
as follows:

9E001 ``Technology'' according to the General Technology Note for 
the ``development'' of equipment or ``software,'' controlled by 
9A001.b, 9A004 to 9A012, 9B (except 9B990 or 9B991) or 9D (except 
9D990 or 9D991).

* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (2) The ``technology'' required for the 
``development'' of equipment controlled by 9A004 is ``subject to the 
ITAR'' (see 22 CFR parts 120 through 130). (3) ``Technology,'' 
required for the ``development'' of equipment or ``software'' 
``subject to the ITAR,'' is also ``subject to the ITAR'' (see 22 CFR 
parts 120 through 130).
* * * * *

0
291. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9E002 is amended by revising the ``Related Controls'' 
paragraphs (3) and (4) in the List of Items Controlled section to read 
as follows:

9E002 ``Technology'' according to the General Technology Note for 
the ``production'' of equipment controlled by 9A001.b, 9A004 to 
9A011 or 9B (except 9B990 or 9B991).
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (3) The ``technology'' required for the 
``development'' of equipment controlled by 9A004 is ``subject to the 
ITAR'' (see 22 CFR parts 120 through 130). (4) ``Technology,'' 
required for the ``development'' of equipment or ``software'' 
``subject to the ITAR,'' is also ``subject to the ITAR'' (see 22 CFR 
parts 120 through 130).
* * * * *

0
292. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9E003 is amended:
0
a. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section;
0
b. By revising the introductory text of ``items'' paragraphs a and a.3 
in the List of Items Controlled section;
0
c. By revising ``items'' paragraphs a.4, a.7, a.8, and the ``Technical 
Note'' to paragraph a.8 in the List of Items Controlled section;
0
d. By revising the introductory text of ``items'' paragraph c in the 
List of Items Controlled section; and
0
e. By revising ``items'' paragraphs f introductory text, f.1 
introductory text, f.1.d, h.1, h.2, i.1, i.2, and j in the List of 
Items Controlled section to read as follows:

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

List of Items Controlled

* * * * *
Related Controls: (1) Hot section ``technology'' specifically 
designed, modified, or equipped for military uses or purposes, or 
developed principally with U.S. Department of Defense funding, is 
``subject to the ITAR'' (see 22 CFR parts 120 through 130). (2) 
``Technology'' is subject to the EAR when actually applied to a 
commercial aircraft engine program. Exporters may seek to establish 
commercial application either on a case-by-case basis through 
submission of documentation demonstrating application to a 
commercial program in requesting an export license from the 
Department Commerce in respect to a specific export, or in the case 
of use for broad categories of aircraft, engines, ``parts'' or 
``components,'' a commodity jurisdiction determination from the 
Department of State.
* * * * *
Items:
    a. ``Technology'' ``required'' for the ``development'' or 
``production'' of any of the following gas turbine engine ``parts,'' 
``components'' or systems:
* * * * *
    a.3. ``Parts'' or ``components'' manufactured from any of the 
following:
* * * * *
    a.4. Uncooled turbine blades, vanes, ``tip shrouds'' or other 
``parts'' or ``components,'' designed to operate at gas path total 
(stagnation) temperatures of 1,323 K (1,050[deg]C) or more at sea-
level static take-off (ISA) in a `steady state mode' of engine 
operation;
* * * * *
    a.7. Gas turbine engine ``parts'' or ``components'' using 
``diffusion bonding'' ``technology'' controlled by 2E003.b;
    a.8. `Damage tolerant' gas turbine engine rotor ``parts'' or 
``components'' using powder metallurgy materials controlled by 
1C002.b;or

    Technical Note:  `Damage tolerant' ``parts'' and ``components'' 
are designed using methodology and substantiation to predict and 
limit crack growth.

* * * * *
    c. ``Technology'' ``required'' for manufacturing cooling holes, 
in gas turbine engine ``parts'' or ``components'' incorporating any 
of the ``technologies'' specified by 9E003.a.1, 9E003.a.2 or 
9E003.a.5, and having any of the following:
* * * * *
    f. ``Technology'' ``required'' for the ``production'' of 
``specially designed'' ``parts'' or ``components'' for high output 
diesel engines, as follows:
    f.1. ``Technology'' ``required'' for the ``production'' of 
engine systems having all of the following ``parts'' and 
``components'' employing ceramics materials controlled by 1C007:
* * * * *
    f.1.d. One or more other ``part'' or ``component'' (including 
exhaust ports, turbochargers, valve guides, valve assemblies or 
insulated fuel injectors);
    h. * * *
    h.1. ``Development'' ``technology'' for deriving the functional 
requirements for the ``parts'' or ``components'' necessary for the 
``FADEC system'' to regulate engine thrust or shaft power (e.g., 
feedback sensor time constants and accuracies, fuel valve slew 
rate);
    h.2. ``Development'' or ``production'' ``technology'' for 
control and diagnostic ``parts'' or ``components'' unique to the

[[Page 61935]]

``FADEC system'' and used to regulate engine thrust or shaft power;
    i. * * *
    i.1. ``Development'' ``technology'' for deriving the functional 
requirements for the ``parts'' or ``components'' that maintain 
engine stability;
    i.2. ``Development'' or ``production'' ``technology'' for 
``parts'' or ``components'' unique to the adjustable flow path 
system and that maintain engine stability;
* * * * *
    j. ``Technology'' not otherwise controlled in 9E003.a.1 through 
a.8, a.10, and .h and used in the ``development'', ``production'', 
or overhaul of hot section ``parts'' or ``components'' of civil 
derivatives of military engines controlled on the U.S. Munitions 
List.
* * * * *

0
293. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9E101 is amended by revising the ``Related Controls'' 
paragraph in the List of Items Controlled section to read as follows:

9E101 ``Technology'' according to the General Technology Note for 
the ``development,'' ``production'' or ``use'' of commodities or 
software controlled by 9A012 (for MT controlled commodities only), 
9A101, 9A103 to 9A111, 9A115 to 9A119, 9C110, 9D101, 9D103, 9D104 or 
9D105.
* * * * *

List of Items Controlled

* * * * *
Related Controls: ``Technology'' controlled by 9E101 for items in 
9A101.b, 9A104 to 9A111, 9A115 to 9A119, 9D103, and 9D105 is 
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *

0
294. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9E102 is amended by revising the ``Related Controls'' 
paragraph (2) in the List of Items Controlled section to read as 
follows:

9E102 ``Technology'' according to the General Technology Note for 
the ``use'' of space launch vehicles specified in 9A004, or 
commodities or software controlled by 9A005 to 9A012, 9A101, 9A104 
to 9A111, 9A115 to 9A119, 9B105, 9B106, 9B115, 9B116, 9B117, 9D101, 
9D103, 9D104 or 9D105.
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * *
    (2) ``Technology'' controlled by 9E102 for commodities or 
software ``subject to the ITAR'' (see 22 CFR parts 120 through 130) 
in 9A004 to 9A011, 9A101.b, 9A104, 9A105, 9A106.a to .c, 9A107 to 
9A111, 9A115 to 9A119, 9B115, 9B116, 9D103, specified software in 
9D104, and 9D105 is ``subject to the ITAR'' (see 22 CFR parts 120 
through 130).
* * * * *

    Dated: September 23, 2013.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2013-23496 Filed 10-3-13; 8:45 am]
BILLING CODE 3510-33-P
```