Vol. 78 Friday, 

No. 193 October 4, 2013 

Part II 

Department of Commerce 

Bureau of Industry and Security 

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 


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61874 Federal Register / Vol. 78, No. 193 / Friday, October 4, 2013 / Rules and Regulations 

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. 

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-retrospectiveanalysis-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. 


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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 


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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 


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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 USMLto-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 § 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 


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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’’ 


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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 § 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. 


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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. 


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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 sixtythree 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 


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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 ECCNspecific 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 21⁄2 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 ECCNspecific 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 


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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 

§ 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 § 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 § 772.1 of the EAR. The 

commenter stated that it would follow 

that ‘‘parts’’ and ‘‘components’’ 

‘‘specially designed’’ for precertification 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 ATcontrolled. 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 


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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 § 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 § 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 §§ 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 § 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 §§ 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 


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the commodity, software, technology, or 

activity at issue (see 22 CFR § 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 § 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 § 734.3(e) 

in the initial implementation final rule 

published on April 16, 2013. While not 

effective until October 15, 2013, 

§ 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 

§§ 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 

‘‘109’’ was incorrectly proposed as 

‘‘109’’); 2B352 (to correct a formatting 

error in 2B352.d.2 where ‘‘(0.2 m2)’’ 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 


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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 

§ 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 DualUse 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 


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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)’’ 


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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 ‘‘ListBased 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 


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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 destinationbased 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 

§ 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 § 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 § 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 § 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 


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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 § 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 

§ 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 § 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 


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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 § 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 

§ 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 fortynine 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 § 774.1 of the EAR is little more 

than a difficult-to-find and difficult-touse 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 


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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 § 734.3(b), also 

address this issue. BIS has made some 

changes to § 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 questionablydocumented) 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 


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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 nonnuclear 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 crossreferences 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, 


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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 § 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 § 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 § 738.2 (Commerce 

Control List (CCL) structure); § 738.4 


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(Determining whether a license is 

required); § 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 § 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, 


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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 § 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.’’ 


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


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61898 Federal Register / Vol. 78, No. 193 / Friday, October 4, 2013 / Rules and Regulations 

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 § 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 

§ 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 


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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 § 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 § 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 nonsubstantive, 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 ATonly, 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. 


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61900 Federal Register / Vol. 78, No. 193 / Friday, October 4, 2013 / Rules and Regulations 

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] 

■ 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). 

■ 2. Section 734.3 is amended: 

■ a. By revising the introductory text of 

paragraph (b)(1)(i); and 

■ b. By adding paragraph (b)(1)(vi) to 

read as follows: 

§ 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. 

* * * * * 

■ 3. Section 734.4 is amended: 

■ a. By revising the Note to paragraph 

(a)(3); and 

■ b. By revising paragraph (a)(6) as 

added April 16, 2013, at 78 FR 22707, 

effective October 15, 2013 to read as 

follows: 

§ 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). 

■ 4. Section 734.6 is amended by 

revising paragraph (a) to read as follows: 

§ 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] 

■ 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). 

■ 6. Section 738.2 is amended by: 

■ (a) Revising the introductory text to 

paragraph (d)(2); 

■ (b) Redesignating paragraphs (d)(2)(i) 

through (iii) as (d)(2)(ii) through (iv); 

■ (c) Adding a new paragraph (d)(2)(i); 

■ (d) Removing newly redesignated 

paragraph (d)(2)(iv)(A); 

■ (e) Further redesignating newly 

redesignated paragraphs (d)(2)(iv)(B) 

through (D) as (d)(2)(iv)(A) through (C); 

and 

■ (d) Revising newly redesignated 

paragraph (d)(2)(iv)(C) to read as 

follows: 

§ 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 


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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. 

* * * * * 

■ 7. Section 738.4 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 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] 

■ 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). 

■ 9. Section 740.6 is amended by 

revising paragraph (a)(1)(iii) to read as 

follows: 

§ 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). 

* * * * * 

■ 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] 

■ 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). 

■ 12. Section 742.2 is amended by 

revising paragraph (e) to read as follows: 

§ 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] 

■ 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, 


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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). 

■ 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] 

■ 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). 

■ 16. Section 750.7 is amended by 

revising paragraphs (c)(1)(ii), (c)(1)(viii) 

and (f) to read as follows: 

§ 750.7 Issuance of licenses. 

* * * * * 

(c) * * * 

(1) * * * 

(ii) Increase in price if permitted 

under the shipping tolerances in 

§ 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 

§ 750.11 of this part, the authorization is 

limited by both the quantity and value 

listed on the license. 

* * * * * 

■ 17. Section 750.11 is revised to read 

as follows: 

§ 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] 

■ 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). 

■ 19. Section 772.1 is amended: 

■ a. By revising the definition of ‘‘buildto-print technology’’ as added April 16, 

2013, at 78 FR 22727, effective October 

15, 2013; 

■ b. By revising the definition of ‘‘end 

item’’ as added April 16, 2013, at 78 FR 

22728, effective October 15, 2013; 

■ c. By revising the definition of 

‘‘equipment’’ as added April 16, 2013, at 

78 FR 22728, effective October 15, 2013; 

■ d. By adding a definition for the term 

‘‘subject to the ITAR;’’ 

■ 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 

■ 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: 

§ 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 enditem. 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). 

* * * * * 


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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 ATonly 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 pickup 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] 

■ 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). 

■ 21. Revise § 774.1 to read as follows: 

§ 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 § 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] 

■ 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. 


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■ 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. 

■ 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. 

■ 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; 

■ 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).’’ 

■ 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).’’ 

■ 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).’’ 

■ 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).’’ 

■ 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).’’ 

■ 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).’’ 

■ 32. Supplement No. 1 to part 774 (the 

Commerce Control List) is amended by 

adding quotes around the term specially 

designed wherever it appears. 

■ 33. Supplement No. 1 to part 774 (the 

Commerce Control List) is amended by 

adding quotes around the term 

accessories wherever it appears. 

■ 34. Supplement No. 1 to part 774 (the 

Commerce Control List) is amended by 

adding quotes around the term 

attachments wherever it appears. 

■ 35. Supplement No. 1 to part 774 (the 

Commerce Control List) is amended: 

■ a. By removing the ‘‘Unit’’ paragraph 

from the List of Items Controlled section 

in each Export Control Classification 

Number (ECCN) where such paragraph 

appears; 

■ 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 

■ 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. 

■ 36. Supplement No. 1 to part 774 (the 

Commerce Control List) is amended: 

■ a. By removing the ‘‘License 

Requirements Note’’ paragraph in the 

License Requirements section in the 

following Export Control Classification 

Number (ECCNs): 1E001; 

■ 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 

■ c. By removing the ‘‘License 

Requirement Note’’ paragraphs in the 

License Requirements section in the 

following Export Control Classification 

Numbers (ECCNs): 1E002 and 3E001. 

■ 37. Supplement No. 1 to part 774 (the 

Commerce Control List) is amended by 

adding the new section ‘‘REPORTING 

REQUIREMENTS See § 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. 

■ 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: 


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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.) 

* * * * * 

■ 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). 

* * * * * 

■ 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. 

* * * * * 

■ 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). 

* * * * * 

■ 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. 

* * * * * 

■ 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. 

* * * * * 

■ 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: 

■ a. By revising the first ‘‘CC’’ paragraph 

in the Control(s) paragraph of the 

License Requirements section; and 

■ 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 

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 enduser.

CC Column 1 

* * * * * 

* * * * * 

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). 

* * * * * 

■ 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. 

* * * * * 

■ 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.’’ 

* * * * * 

■ 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). 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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). 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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 

* * * * * 


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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). 

* * * * * 

■ 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. 

* * * * * 

■ 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: 

■ a. By revising the heading; 

■ b. By revising ‘‘Related Controls’’ 

paragraph (4) in the List of Items 

Controlled section; 

■ c. By revising the introductory text of 

‘‘items’’ paragraphs a and c in the List 

of Items Controlled section; and 

■ 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. 

* * * * * 

■ 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: 

■ a. By revising the heading; 

■ b. By revising the ‘‘Related Controls’’ 

paragraph (1) in the List of Items 

Controlled section; and 

■ 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; 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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). 

* * * * * 

■ 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. 

* * * * * 

■ 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: 

■ a. By revising the heading; 

■ 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 

■ 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). 

* * * * * 


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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: 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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). 

* * * * * 

■ 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 carboncarbon ‘‘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.) 

* * * * * 

■ 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). 

* * * * * 

■ 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. 

* * * * * 

■ 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. 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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; 

* * * * * 

■ 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: 

■ a. By revising ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section; and 

■ 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, subsystems, 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: 

* * * * * 


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c. ‘‘Specially designed’’ ‘‘parts’’ and 

‘‘components’’ for structures specified by 

1B003.a or for engines specified by 1B003.b. 

* * * * * 

■ 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). 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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. 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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. 

* * * * * 

■ 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. 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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. 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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. 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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. 

* * * * * 

■ 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. 

* * * * * 

■ 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). 

* * * * * 


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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 nonmetallic particles (introduced during the 

manufacturing process) larger than 100 mm in 

109 alloy particles; 

* * * * * 

■ 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): * * * 

* * * * * 

■ 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). 

* * * * * 

■ 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 carboncarbon 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.) 

* * * * * 

■ 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). 

* * * * * 

■ 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). * * * 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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. 

* * * * * 

■ 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 

(6Li) 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). 

* * * * * 

■ 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 


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61910 Federal Register / Vol. 78, No. 193 / Friday, October 4, 2013 / Rules and Regulations 

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/cm3

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). 

* * * * * 

■ 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). 

* * * * * 

■ 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: 

■ a. By revising the License 

Requirement Note paragraph in the 

License Requirements section; and 

■ 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). 

* * * * * 

■ 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: 

■ a. By revising the heading; 

■ b. By revising ‘‘Note to Mixtures’’ 

paragraph b and ‘‘Technical Notes’’ 

paragraph 1 in the License 

Requirements section; and 

■ 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). 

* * * * * 

■ 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 § 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 § 745.1 of the 

EAR for notification procedures. See 22 

CFR part 121, Category XIV and § 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.’’ 

* * * * * 

■ 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; 

■ a. By revising the heading; and 

■ 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. 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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). 

* * * * * 


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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). * * * 

* * * * * 

■ 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). 

* * * * * 

■ 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). 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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). 

* * * * * 

■ 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. 

* * * * * 

■ 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: 

■ a. By revising the heading; 

■ b. By removing ‘‘1A008,’’ from the 

first entry in the License Requirements 

table; 

■ c. By revising the License Exception 

TSR paragraph (2) introductory text in 

the License Exceptions section; 

■ d. By revising the Special Conditions 

for License Exception STA section; and 

■ 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 § 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). 

* * * * * 

■ 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). 

* * * * * 

■ 92. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2A001 is 

amended: 

■ a. By revising the heading; 

■ b. By revising the ‘‘Related Controls’’ 

paragraph (2) in the List of Items 

Controlled section; and 

■ 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. 

* * * * * 


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■ 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. * * * 

* * * * * 

■ 94. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2A291 is 

amended: 

■ a. By revising the heading; 

■ b. By revising the ‘‘Related Controls’’ 

paragraph (5) in the List of Items 

Controlled section; and 

■ 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). 

* * * * * 

■ 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, coppernickel 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. * * * 

* * * * * 

■ 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. 

* * * * * 

■ 97. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2A984 is 

amended: 

■ a. By revising the heading; and 

■ 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). * * * 

* * * * * 

■ 98. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2A991 is 

amended: 

■ a. By revising the heading; 

■ b. By revising the ‘‘Related Controls’’ 

paragraph (2) in the List of Items 

Controlled section; and 

■ 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 

* * * * * 

■ 99. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2A994 is 

amended: 

■ a. By revising the heading; and 

■ 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 21⁄2 ton truck 

without a ‘‘special set up requirement. 

* * * * * 

■ 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 


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

(2) * * * (Machines 

may have drilling 

and/or milling capabilities for machining ‘‘parts’’ or 

‘‘components’’ with 

diameters less than 

42 mm); * * *.

NP Column 1 

* * * * * 

* * * * * 

■ 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. 

■ 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. 

■ 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 inprocess 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. 

* * * * * 

■ 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. 

* * * * * 

■ 105. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2B109 is 

amended: 

■ a. By revising the heading; and 

■ 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. 

■ 106. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2B116 is 

amended: 

■ a. By revising the heading; and 

■ 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. 

* * * * * 

■ 107. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2B201 is 

amended: 

■ a. By revising the heading; and 

■ 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. 

* * * * * 

■ 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: 

* * * * * 

■ 109. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2B350 is 

amended: 

■ a. By revising the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section; 

■ b. By revising the ‘‘Related 

Definitions’’ paragraph in the List of 

Items Controlled section; and 

■ 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). 


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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). 

■ 110. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2B351 is 

amended: 

■ a. By revising the heading; and 

■ 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. 

* * * * * 

■ 111. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2B352 is 

amended: 

■ a. By revising ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section; 

■ b. By revising ‘‘items’’ paragraphs c.3, 

d.1.b.2, d.2 and h in the List of Items 

Controlled section; and 

■ 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 m2) 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. 

* * * * * 

■ 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). 

* * * * * 

■ 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. 

* * * * * 

■ 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). 

* * * * * 

■ 115. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2B998 is 

amended: 

■ a. By revising the heading; and 

■ 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. 

* * * * * 

■ 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. 

* * * * * 

■ 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. 

* * * * * 

■ 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’’ 


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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). * * * 

* * * * * 

■ 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). 

* * * * * 

■ 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). 

* * * * * 

■ 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). * * * 

* * * * * 

■ 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. 

■ 123. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

3—Electronics, Export Control 

Classification Number (ECCN) 3A001 is 

amended: 

■ a. By revising the heading; 

■ 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 

■ 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: 

* * * * * 

■ 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). * * * 

* * * * * 

■ 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. 

■ 126. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

3—Electronics, Export Control 

Classification Number (ECCN) 3A101 is 

amended: 

■ a. By revising the heading; and 

■ 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). 

* * * * * 

■ 127. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

3—Electronics, Export Control 

Classification Number (ECCN) 3A201 is 

amended: 

■ a. By revising the heading; 

■ 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 


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designed for purposes other than electron 

beam or X-ray radiation (electron 

microscopy, for example) nor those designed 

for medical purposes. 

* * * * * 

■ 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). 

* * * * * 

■ 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). 

* * * * * 

■ 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). 

* * * * * 

■ 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 highcurrent 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). 

* * * * * 

■ 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. 

* * * * * 

■ 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). 

* * * * * 

■ 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). 

* * * * * 

■ 135. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

3—Electronics, Export Control 

Classification Number (ECCN) 3A292 is 

amended: 

■ a. By revising the heading; and 

■ 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: 

* * * * * 

■ 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. 

* * * * * 

■ 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. 

* * * * * 

■ 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). 

* * * * * 

■ 139. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

3—Electronics, Export Control 

Classification Number (ECCN) 3A991 is 

amended: 

■ a. By revising the heading; and 

■ 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 

* * * * * 


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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: 

* * * * * 

■ 140. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

3—Electronics, Export Control 

Classification Number (ECCN) 3A999 is 

amended: 

■ a. By revising the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section; and 

■ 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; 

* * * * * 

■ 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. 

■ 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. 

■ 143. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

3—Electronics, Export Control 

Classification Number (ECCN) 3B991 is 

amended: 

■ a. By revising the heading; and 

■ 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,’’ maskmaking equipment and image transfer 

equipment for the manufacture of devices, 

‘‘parts’’ and ‘‘components’’ as specified in the 

heading of 3B991, as follows: 

* * * * * 

■ 144. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

3—Electronics, Export Control 

Classification Number (ECCN) 3B992 is 

amended: 

■ a. By revising the heading; 

■ b. By revising ‘‘items’’ paragraph a in 

the List of Items Controlled section; and 

■ 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’’. 

■ 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): * * * 

* * * * * 

■ 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. 

* * * * * 

■ 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. 

* * * * * 

■ 148. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

3—Electronics, Export Control 

Classification Number (ECCN) 3E001 is 

amended: 

■ a. By revising the introductory text of 

‘‘Related Controls’’ paragraph (2) in the 

List of Items Controlled section; and 

■ 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 


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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. 

* * * * * 

■ 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); * * * 

* * * * * 

■ 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. 

* * * * * 

■ 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. 

* * * * * 

■ 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. 

* * * * * 

■ 153. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

4—Computers, Export Control 

Classification Number (ECCN) 4A001 is 

amended: 

■ a. By revising the heading; and 

■ 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). 

* * * * * 

■ 154. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

4—Computers, Export Control 

Classification Number (ECCN) 4A003 is 

amended: 

■ a. By revising the heading; 

■ b. By removing Note 2 at the end of 

the License Requirements section; 

■ c. By adding a Reporting 

Requirements section after the License 

Requirements section; and 

■ 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 § 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. 

* * * * * 

■ 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. 

■ 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 × 105 rads (Si). 

* * * * * 

■ 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.) 

* * * * * 

■ 158. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

4—Computers, Export Control 

Classification Number (ECCN) 4A994 is 

amended: 

■ a. By revising the heading; and 

■ 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: 

* * * * * 


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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° 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: 

* * * * * 

■ 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 § 743.1 of the EAR for reporting 

requirements for exports under License 

Exceptions, Special Comprehensive Licenses, 

and Validated End-User authorizations. 

* * * * * 

■ 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. 

* * * * * 

■ 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. 

* * * * * 

■ 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. 

■ 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: 

■ a. By revising the heading; 

■ b. By revising ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section; 

■ c. By revising the introductory text to 

‘‘items’’ paragraph b, e, and f in the List 

of Items Controlled section; and 

■ 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: 

* * * * * 

■ 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. 

* * * * * 

■ 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: 

■ a. By revising the heading; 

■ b. By revising the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section; 

■ c. By revising the introductory text to 

‘‘items’’ paragraphs b and c in the List 

of Items Controlled section; and 

■ 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. 

■ 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: 


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■ a. By revising the heading; 

■ b. By revising the Special Conditions 

for License Exception STA paragraph 

section; and 

■ 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 § 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: 

* * * * * 

■ 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. 

* * * * * 

■ 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. 

* * * * * 

■ 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). 

* * * * * 

■ 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: 

■ a. By revising the introductory text of 

the License Exception TSR paragraph in 

the License Exceptions section; 

■ b. By revising ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section; and 

■ 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: 

* * * * * 

■ 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: 

■ a. By revising the heading: 

■ b. By revising the License Exception 

LVS paragraph in the License 

Exceptions section; and 

■ 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’’: 

* * * * * 

■ 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. 

* * * * * 

■ 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: 


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5D992 ‘‘Information Security’’ ‘‘software’’ 

not controlled by 5D002 as follows (see 

List of Items Controlled). 

* * * * * 

■ 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). 

■ 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. 

■ 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: 

■ a. By revising the heading; 

■ b. By revising the Special Conditions 

for License Exception STA section; and 

■ c. By revising the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section; and 

■ 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 § 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: 

* * * * * 

■ 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: 

■ a. By revising the heading: 

■ b. By removing the License 

Requirement Notes section; 

■ c. By adding a Reporting 

Requirements section after the License 

Requirements section; and 

■ 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 § 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: 

* * * * * 

■ 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: 

■ a. By revising the heading; 

■ b. By revising the ‘‘Related Controls’’ 

paragraph (2) in the List of Items 

Controlled section; and 

■ c. By revising ‘‘items’’ paragraph a.1 

in the List of Items Controlled section; 

■ d. By revising the introductory text of 

paragraph b in the List of Items 

Controlled section; 

■ e. By revising the introductory text of 

paragraph c in the List of Items 

Controlled section; and 

■ 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; 

* * * * * 

■ 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: 

■ a. By revising the heading; 

■ b. By revising the ‘‘Related Controls’’ 

paragraph (6) in the List of Items 

Controlled section; 

■ c. By revising the ‘‘Note’’ to ‘‘items’’ 

paragraph a.6.b in the List of Items 

Controlled section; and 

■ 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 


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61922 Federal Register / Vol. 78, No. 193 / Friday, October 4, 2013 / Rules and Regulations 

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 electrooptical-‘‘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 l/10 at the 

designed wavelength, or 0.1 mm, whichever 

is the smaller; 

* * * * * 

■ 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. 

■ 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: 

■ a. By revising the heading; 

■ b. By revising the Note to the ‘‘items’’ 

paragraph in the List of Items Controlled 

section; and 

■ 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. 

* * * * * 

■ e. Incorporating electronically 

steerable array antennas; 

* * * * * 

■ 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.) 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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. 

* * * * * 

■ 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). 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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. 

* * * * * 

■ 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). 

* * * * * 

■ 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: 


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

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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: 

* * * * * 

■ 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). 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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. 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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: 

* * * * * 

■ 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). 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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. 

* * * * * 

■ 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. 

■ 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). 

* * * * * 

■ 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.’ 

* * * * * 

■ 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). 

* * * * * 

■ 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: 

■ a. By revising the License Exception 

TSR paragraph (3) in the License 

Exceptions section; and 

■ 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 


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CFR parts 120 through 130). (2) See also 

6D991, and ECCN 6E001 (‘‘development’’) 

for ‘‘technology’’ for items controlled 

under this entry. 

* * * * * 

■ 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. 

* * * * * 

■ 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. 

* * * * * 

■ 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. 

* * * * * 

■ 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). 

* * * * * 

■ 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: 

■ 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; 

■ b. By revising the License Exception 

TSR paragraph (4) introductory text in 

the License Exceptions section; and 

■ 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. 

* * * * * 

■ 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: 

■ 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; 

■ b. By revising the License Exception 

TSR paragraph (3) introductory text in 

the License Exceptions section; and 

■ 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) Solidstate 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. 

* * * * * 

■ 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 m2 of 


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surface area per year on any single spindle 

and having all of the following: 

* * * * * 

■ 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. 

■ 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. 

■ 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: 

■ a. By revising the heading; 

■ b. By revising the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section; and 

■ 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: 

* * * * * 

■ 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. 

■ 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: 

■ a. By revising the heading; 

■ b. By revising the License 

Requirements section; 

■ c. By revising the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section; and 

■ 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 omnidirectional antennas that do not implement 

adaptive antenna techniques. 

* * * * * 

■ 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. 

■ 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: 

■ a. By revising the heading; and 

■ 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: 

* * * * * 

■ 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. 

* * * * * 

■ 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: 

■ a. By revising the heading; 

■ b. By revising the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section; and 

■ 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 


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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’’: 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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. 

* * * * * 

■ 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.) 

* * * * * 

■ 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.) 

■ 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. 

* * * * * 

■ 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.) 

■ 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 electromechanical 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.) 

■ 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.) 

■ 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: 

■ a. By redesignating the License 

Requirement Note in the License 

Requirements section as License 

Requirement Note 1; 

■ b. By adding a License Requirement 

Note 2 in the License Requirements 

section; and 

■ 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). 

* * * * * 

■ 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. * * * 

* * * * * 

■ 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.) 

■ 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: 


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■ a. By revising the ‘‘RS’’ entry in the 

the License Requirements table; and 

■ 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 

navigation systems 

and inertial equipment, and ‘‘components’’ therefor, for 

‘‘9A991.b aircraft’’.

RS Column 1 

* * * * * 

* * * * * 

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). 

* * * * * 

■ 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 § 743.1 of the EAR for reporting 

requirements for exports under License 

Exceptions, Special Comprehensive Licenses, 

and Validated End-User authorizations. 

* * * * * 

■ 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: 

■ a. By revising the heading; 

■ b. By revising the MT entry in the 

License Requirements table; and 

■ 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). 

* * * * * 

■ 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). 

* * * * * 

■ 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.) 

■ 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: 

■ a. By revising the RS entry of the 

License Requirements table; 

■ b. By adding a Reporting 

Requirements section after the License 

Requirements section; and 

■ 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 

navigation systems 

or inertial equipment, and ‘‘components’’ therefor, for 

9A991.b aircraft.

RS Column 1 

* * * * * 

* * * * * 

Reporting Requirements 

See § 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). 

* * * * * 

■ 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: 

■ a. By revising the RS entry in the 

License Requirements table; 

■ b. By adding a Reporting 

Requirements section after the License 

Requirements section; and 

■ 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). 


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License Requirements 

Reason for Control: * * * 

Control(s) Country chart 

* * * * * 

RS applies to ‘‘technology’’ for inertial 

navigation systems 

or inertial equipment, and ‘‘components’’ therefor, for 

9A991.b aircraft.

RS Column 1 

* * * * * 

Reporting Requirements 

See § 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). 

* * * * * 

■ 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: 

■ a. By revising the heading; 

■ b. By revising the RS entry of the 

License Requirements table; and 

■ 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 the use of inertial navigation systems, or inertial 

equipment, or 

‘‘specially designed’’ ‘‘parts’’ and 

‘‘components’’ 

therefor, ‘‘specially 

designed’’ for 

9A991.b aircraft.

RS Column 1 

Control(s) Country chart 

* * * * * 

* * * * * 

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). 

* * * * * 

■ 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.) 

■ 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). 

* * * * * 

■ 236. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

8–Marine, Export Control Classification 

Number (ECCN) 8A002 is amended: 

■ a. By revising the heading; 

■ b. By revising the introductory text to 

‘‘items’’ paragraph a in the List of Items 

Controlled section; 

■ 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; 

* * * * * 

■ 237. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

8—Marine, Export Control Classification 

Number (ECCN) 8A918 is removed. 

■ 238. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

8—Marine, Export Control Classification 

Number (ECCN) 8A992 is amended: 

■ a. By revising the heading; 

■ b. By revising the License 

Requirements section; 

■ c. By revising ‘‘items’’ paragraphs f 

and g in the List of Items Controlled 

section; and 

■ 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 § 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 


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‘‘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. 

■ 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. 

* * * * * 

■ 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. 

* * * * * 

■ 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. 

■ 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. 

■ 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). 

* * * * * 

■ 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.) 

■ 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.) 

■ 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.) 

■ 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.) 

■ 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.) 

■ 249. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, Export 


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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.) 

■ 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.) 

■ 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. 

■ 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). 

* * * * * 

■ 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.) 

■ 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.) 

■ 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.) 

■ 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: 

■ a. By revising the heading; 

■ b. By revising the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section; and 

■ 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. 

* * * * * 

■ 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 μ 105 Ns, but less than 1.1 μ 

106 Ns. (These items are ‘‘subject to the 

ITAR.’’ See 22 CFR parts 120 through 

130.) 

■ 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.) 

■ 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.) 

■ 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: 

■ a. By revising the heading; and 

■ 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. 

* * * * * 

■ 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 


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designed’’ ‘‘parts’’ and ‘‘components’’ 

therefor. (These items are ‘‘subject to the 

ITAR.’’ See 22 CFR parts 120 through 

130.) 

■ 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.) 

■ 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.) 

■ 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.) 

■ 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.) 

■ 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.) 

■ 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: 

■ a. By revising the heading; and 

■ 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.’’ 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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. 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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’’. 

* * * * * 

■ 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: 

■ a. By revising the heading; 

■ b. By revising the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section; and 

■ 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. 

■ 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: 

■ a. By revising the ‘‘MT’’ entry in the 

License Requirements table; and 

■ c. By revising the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section to read as follows: 


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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 

controlled under 

9A001 for MT reasons and for engines controlled 

under 9A101.

MT Column 1 

* * * * * 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: For ‘‘specially designed’’ 

production equipment of systems, subsystems, ‘‘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. 

* * * * * 

■ 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: 

■ a. By revising the heading; 

■ b. By revising the ‘‘MT’’ entry in the 

License Requirements table; and 

■ 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 

controlled under 

9A001 for MT reasons and for engines controlled 

under 9A101.

MT Column 1 

* * * * * 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. ‘‘Specially designed’’ for the 

‘‘development’’ of gas turbine engines, 

assemblies, ‘‘parts’’ or ‘‘components’’; and 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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 ≥C), 

and ‘‘specially designed’’ ‘‘components’’ 

or ‘‘accessories’’ therefor. 

License Requirements 

Reason for Control: * * * 

Control(s) Country chart 

* * * * * 

MT applies to equipment for engines 

controlled under 

9A001 for MT reasons and for engines controlled 

under 9A101.

MT Column 1 

* * * * * 

* * * * * 

■ 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 

controlled under 

9A001 for MT reasons and for engines controlled 

under 9A101.

MT Column 1 

* * * * * 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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 ≥C) or more. 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: See ECCN 9B002. 

* * * * * 

■ 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. 

■ 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: 

■ a. By revising the heading; and 

■ 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, subsystems, ‘‘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. 

* * * * * 

■ 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: 

■ a. By revising the heading; and 

■ 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 


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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. 

* * * * * 

■ 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. 

* * * * * 

■ 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. 

* * * * * 

■ 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. 

* * * * * 

■ 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). 

* * * * * 

■ 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). 

* * * * * 

■ 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). 

* * * * * 

■ 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). 

* * * * * 

■ 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; 

* * * * * 

■ 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 


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‘‘subject to the ITAR.’’ See 22 CFR parts 

120 through 130.) 

■ 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: 

■ a. By revising the heading; and 

■ 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). 

* * * * * 

■ 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.) 

■ 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). 

* * * * * 

■ 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). 

* * * * * 

■ 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: 

■ a. By revising the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section; 

■ b. By revising the introductory text of 

‘‘items’’ paragraphs a and a.3 in the List 

of Items Controlled section; 

■ 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; 

■ d. By revising the introductory text of 

‘‘items’’ paragraph c in the List of Items 

Controlled section; and 

■ 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 caseby-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°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 


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‘‘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. 

* * * * * 

■ 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). 

* * * * * 

■ 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 


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