This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

54271 

Vol. 75, No. 172 

Tuesday, September 7, 2010 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 734, 742, 743, 744, 772, 

774 

[Docket No. 100413184–0299–01] 

RIN 0694–AE91 

Wassenaar Arrangement 2009 Plenary 

Agreements Implementation: 

Categories 1, 2, 3, 4, 5 Part I, 6, 7, and 

9 of the Commerce Control List, 

Definitions, Reports 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) maintains the Commerce 

Control List (CCL), which identifies 

items subject to Department of 

Commerce export controls. This final 

rule revises the Export Administration 

Regulations (EAR) to implement 

changes made to the Wassenaar 

Arrangement’s List of Dual Use Goods 

and Technologies (Wassenaar List) 

maintained and agreed to by 

governments participating in the 

Wassenaar Arrangement on Export 

Controls for Conventional Arms and 

Dual Use Goods and Technologies 

(Wassenaar Arrangement, or WA) at the 

December 2009 WA Plenary Meeting 

(the Plenary). The Wassenaar 

Arrangement advocates implementation 

of effective export controls on strategic 

items with the objective of improving 

regional and international security and 

stability. To harmonize with the 

changes made to the Wassenaar List at 

the Plenary, this rule revises the EAR by 

amending certain entries that are 

controlled for national security reasons 

in Categories 1, 2, 3, 4, 5 Part I 

(telecommunications), 6, 7, and 9, 

revising reporting requirements, and 

adding, removing and amending EAR 

Definitions. 

The changes agreed to at the Plenary 

that pertain to Export Control 

Classification Numbers (ECCNs) 5A002, 

5D002, 6A002, 6A003, 8A002 and all 

related ECCNs will be implemented in 

a separate rule because of the sensitivity 

of the items and complexity of 

procedures and controls for these items. 

The changes agreed to at the Plenary 

that pertain to raising the Adjusted Peak 

Performance (APP) for digital computers 

in ECCN 4A003 will be implemented in 

a separate rule when the President’s 

report for High Performance Computers 

has been sent to Congress that sets forth 

the new APP in accordance with the 

National Defense Authorization Act for 

FY1998. 

DATES: Effective Date: This rule is 

effective: September 7, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

general questions contact Sharron Cook, 

Office of Exporter Services, Bureau of 

Industry and Security, U.S. Department 

of Commerce at 202–482–2440 or by 

e-mail: scook@bis.doc.gov. 

For technical questions contact: 

Category 1: Bob Teer at 202–482–4749. 

Category 2: George Loh at 202–482– 

3570. 

Category 3: Brian Baker at 202–482– 

5534. 

Category 4: Joseph Young at 202–482– 

4197. 

Category 5 Part 1: Joseph Young at 202– 

482–4197. 

Category 6: Chris Costanzo at 202–482– 

0718 (optics), John Varesi 202–482– 

1114 (sensors & cameras) and Mark 

Jaso at 202–482–0987 (lasers). 

Category 7: Daniel Squire at 202–482– 

3710. 

Category 9: Gene Christensen at 202– 

482–2984. 

SUPPLEMENTARY INFORMATION: 

Background 

In July 1996, the United States and 

thirty-three other countries gave final 

approval to the establishment of a new 

multilateral export control arrangement 

called the Wassenaar Arrangement on 

Export Controls for Conventional Arms 

and Dual Use Goods and Technologies 

(Wassenaar Arrangement or WA). The 

Wassenaar Arrangement contributes to 

regional and international security and 

stability by promoting transparency and 

greater responsibility in transfers of 

conventional arms and dual use goods 

and technologies, thus preventing 

destabilizing accumulations of such 

items. Participating states committed to 

exchange information on exports of dual 

use goods and technologies to nonparticipating states for the purposes of 

enhancing transparency and assisting in 

developing a common understanding of 

the risks associated with the transfers of 

these items. For more information on 

the Wassenaar Arrangement go to 

http://www.wassenaar.org/. 

Revisions to the Commerce Control List 

This rule revises a number of entries 

on the Commerce Control List (CCL) to 

implement the changes to the 

Wassenaar List of Dual Use Goods and 

Technologies agreed to at the December 

2009 WA Plenary meeting. This rule 

also revises language to provide a 

complete or more accurate description 

of controls in certain ECCNs, as 

submitted by the Task Force for 

Editorial Issues (TFEI) and agreed to at 

the WA Plenary. The following ECCNs 

are amended by this rule: 1A001, 

1A002, 1B001, 1C002, 1C006, 1C007, 

1C008, 1C010, 1C011, 1E002, 2B006, 

3A001, 3A002, 3B001, 4A001, 4A003, 

4D001, 4D993, 4E001, 5A001, 5B001, 

5D001, 5E001, 6A001, 6A005, 6A006, 

6A008, 6C004, 6D003, 6E993, 7A005, 

7B001, 7D003, 7E004, 9A001, 9A003, 

9B002, 9D003, and 9E003. ECCN 4D003 

is removed by this rule. These changes 

are described in more detail below. 

Category 1—Special Materials and 

Related Equipment, Chemicals, 

‘‘Microorganisms,’’ and Toxins 

ECCN 1A001 is amended by adding a 

Chemical Abstracts Service (CAS) 

number and the phrase ‘‘having all of 

the following’’ to paragraph b to clarify 

the text. 

ECCN 1A002 is amended by: 

Revising Note 1 at the beginning of 

the Items paragraph to change the size 

of composite structures or laminates 

used for the repair of ‘‘civil aircraft,’’ to 

address the increasing usage of carbon 

materials in commercial aircraft. The 

current size limit set forth in this ECCN 

limits the ability of airlines to repair 

aircraft successfully and in a timely 

manner because of the time needed to 

obtain an export license for sizes other 

than those allowed without license 

under Note 1 of this ECCN. 

ECCN 1B001 is amended by: 

—Revising the heading to more 

precisely describe what is in the 


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entry, by adding the phrases ‘‘or 

inspection’’, ‘‘structures or laminates’’, 

and ‘‘fibrous or filamentary materials’’ 

specified by’’; and removing the 

phrase ‘‘fibers, prepregs, performs or’’. 

—Revising the Missile Technology (MT) 

control paragraph in the License 

Requirements section by replacing the 

phrase ‘‘entire entry except 1B001.d.4 

and .f ’’ with the phrase ‘‘entire entry, 

except 1B001.d.4, e and f ’’ and 

removing the Note that follows the 

MT control paragraph. 

—In 1B001.a, adding a comma after 

‘‘filament winding machines’’ and 

adding the term ‘‘primary servo 

positioning’’ before axes, which is 

defined in the technical note of the 

newly added paragraph 1B001.g. 

—In 1B001.b, moving ‘‘tow placement 

machines’’ to 1B001.g to remove 

machines capable of more complex 

airframe and missile structures from 

this paragraph; moving a comma to 

correct the punctuation; replacing the 

phrase ‘‘two * * * axes’’ with ‘‘five 

* * * axes’’ to focus the control on 

those capable of manufacturing 

complex ‘‘composite’’ airframe or 

missile structures; and adding the 

term ‘primary servo positioning’ 

before axes to indicate which axes 

this control pertains to. 

—Adding a new paragraph 1B001.g for 

tow placement machines previously 

specified by 1B001.b, to establish a 

separate paragraph for machines 

capable of more complex airframe and 

missile structures. This new 

paragraph is subject to MT controls, 

as well as National Security (NS) and 

Anti-Terrorism (AT) controls. 

—Adding a new technical note to define 

‘primary servo positioning’ 

throughout 1B001. 

ECCN 1C002 is amended by adding 

the phrase ‘‘the powder or particulate’’ 

before ‘‘material controlled by 1C002.c’’ 

in 1C002.b in order to clarify which 

type of materials are controlled. 

ECCN 1C006 is amended by adding a 

CAS number(s) to paragraph 1C006.c for 

clarity. 

ECCN 1C007 is amended by adding a 

CAS number to paragraph 1C007.f for 

clarity. 

ECCN 1C008 is amended by adding 

CAS numbers to paragraphs b.1.a, b.2.a, 

b.2.b, and b.2.c for clarity. 

ECCN 1C010 is amended by: 

—Deleting part of the Heading to 

remove the text beginning with the 

phrase ‘‘which can be used in organic 

* * *.’’. This text is ambiguous and 

did not contribute to the original 

intent of the control, and could be 

interpreted to limit the scope of the 

control. 

—Making editorial changes to 1C010.a.1 

and a.2, b.1 and b.2, c.1 and c.2 to 

remove words that do not add 

substance or clarity to the control text 

in these paragraphs. 

—Revising the control parameters in 

1C010.b.1 ‘‘specific modulus’’ and b.2 

‘‘specific tensile strength’’ for carbon 

‘‘fibrous or filamentary materials’’ 

because of foreign availability outside 

of WA member countries and to 

recognize industry improvements to 

the processing of these materials. 

—Revising size of the structures or 

laminate in the Note to 1C010.b for 

repair of civil aircraft because a high 

percentage of the damages to civil 

aircraft have long, thin, and shallow 

characteristics caused by ground 

equipment. Revising the size of these 

structures or laminate makes them 

more accessible for the repair of civil 

aircraft, from an export licensing 

perspective. 

—Adding a new paragraph b to the note 

to 1C010.b to decontrol certain short 

carbon fibers that are the product of 

chopping, milling or cutting, because 

material properties of 1C010 carbon 

fibers shorter than 25.0 mm are 

significantly reduced. 

—Revising 1C010.e to have a more 

consistent format, to treat phenolic 

resins separately from other resins, 

and to add a note to direct the public 

to the correct control text for preforms that are not impregnated (i.e., 

dry). 

—Revising the technical note describing 

‘‘glass transition temperature’’ to read 

‘‘Dynamic Mechanical Analysis glass 

transition temperature (DMA Tg),’’ to 

reflect the new term as used in 

1C010.e. This rule also implements a 

new measurement standard ASTM D 

7028 in this technical note, which 

measures the DMA Tg on a cured 

laminate with clear data 

interpretation instructions, to reduce 

errors and inconsistencies associated 

with measuring resin DMA Tg. 

ECCN 1C011 is amended by adding a 

CAS number(s) to paragraph 1C011.c for 

clarity. 

ECCN 1E002 is amended by adding a 

CAS number(s) to paragraph 

1E002.c.1.c.1 for clarity. 

Annex to Category 1 ‘‘List of 

Explosives (See ECCNs 1A004 and 

1A008)’’ is amended by adding CAS 

number(s) to paragraphs 6 and 35 

through 42. 

Category 2—Materials Processing 

ECCN 2B006 is amended by adding 

capitalization for correct format and 

adding a technical note to indicate the 

required configuration of Coordinate 

Measuring Machines (CMM) when 

calculating the maximum permissible 

error of indication parameter. 

Category 3—Electronics 

ECCN 3A001 is amended by: 

—Adding a hyphen in the word ‘‘spacequalified’’ in paragraphs 

3A001.b.1.a.4.c and e.4, to correct the 

format of the term. 

—Removing the word ‘‘density’’ after 

output power in paragraph 

3A001.b.8.b in order to remove a 

word that WA never intended to 

include in this paragraph. 

—Adding 3A001.b.11 to control items 

moved to ECCN 3A001 from 3A002.b. 

This move makes it clear that the 

‘‘electronic assemblies’’ controlled by 

this entry are components, and not 

instruments, which is how the 

assemblies were characterized 

incorrectly in 3A002.b. 

ECCN 3A002 is amended by: 

—Revising the License Exception 

section to remove references to 

3A002.b to harmonize with the 

movement of 3A002.b to 3A001.b11. 

—Adding a hyphen in the word ‘‘spacequalified’’ in paragraph 3A002.a.3.b, 

g.1 and g.3, to correct the format of 

the term. 

—Removing and reserving 3A002.b and 

incorporating the ‘‘frequency 

synthesizer’’ ‘‘electronic assemblies’’ 

controlled by that entry into new 

paragraph 3A001.b.11. This move 

makes it clear that these ‘‘frequency 

synthesizer’’ ‘‘electronic assemblies’’ 

are components and not instruments, 

which is how the assemblies were 

characterized incorrectly in 3A002.b. 

—Revising the parameters in paragraph 

3A002.e to relax the controls on 

network analyzers to more accurately 

differentiate between commercial or 

civilian applications and applications 

of strategic concern. 

ECCN 3B001 is amended by: 

—Revising the control parameters for 

anisotropic plasma dry etching 

equipment in 3B001.c to clearly apply 

the control parameter to device nodes 

of 65 nm or below in order to make 

the control of this equipment 

consistent with current integrated 

circuit production sizes, to maintain 

control on more advanced equipment 

in this ECCN, and to remove controls 

on older equipment and spare parts 

that are no longer of proliferation 

concern. 

—Revising the control parameter for 

automatic loading multi-chamber 

Central Wafer Handling (CWH) 

systems in 3B001.e to relax controls 

on two classes of CWH systems that 

have been found to be of less 


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proliferation concern and to place the 

focus on more advanced CWH. 

—Adding technical notes for 3B001.e to 

provide definitions of two terms used 

in the control text in order to remove 

ambiguity in the control. 

Category 4—Computers 

ECCN 4A001 is amended by: 

—Removing a reference to 4A001.b from 

the Limited Value Shipment (LVS) 

paragraph of the License Exception 

section, because paragraph 4A001.b is 

removed by this rule. 

—Adding a reference to Category 5 Part 

2 to the Related Controls paragraph in 

the List of Items Controlled section, to 

correspond with the removal of 

4A001.b, described below. 

—Removing and reserving 4A001.b, 

which stated ‘‘Having the 

characteristics or performing 

functions exceeding the limits in 

Category 5, Part 2 (‘‘Information 

Security’’)’’, because such hardware 

and software is controlled under 

5A002 and 5D002 in Category 5, Part 

2. This change clarifies where this 

equipment and software is controlled 

in the CCL. 

ECCN 4A003 is amended by: 

—Revising the control parameters for 

equipment specially designed for 

aggregating the performance of 

‘‘digital computers’’ in 4A003.g to 

move the control threshold up, to 

account for bi-directional connectivity 

at double the threshold, as well as to 

narrow the scope of control to ensure 

that only the equipment of concern is 

controlled. 

Category 4—Product Group D— 

Software 

—Revising the Note at the beginning to 

remove the sentence, ‘‘The control 

status of ‘software’ for equipment 

described in this Category is dealt 

with herein,’’ because most software 

for computers contains encryption, 

which is controlled in Category 5. 

ECCN 4D001 is amended by 

increasing the APP from 0.1 to 0.25 WT 

in 4D001.b.1 to account for 

technological advancements in 

processor technology and to set an APP 

that will remain relevant for several 

years. 

ECCN 4D003, ‘‘Software having 

characteristics or performing functions 

exceeding the limits in Category 5, Part 

2 (Information Security),’’ is removed in 

order to keep all such software controls 

in Category 5 part 2. 

ECCN 4D993 is amended by revising 

the Heading in order to remove the 

reference to ECCN 4D003, which is 

removed by this rule. 

ECCN 4E001 is amended by 

increasing the APP from 0.1 to 0.25 WT 

in 4E001.b.1 to account for 

technological advancements in 

processor technology and to set an APP 

that will remain relevant for several 

years. 

Category 5 Part 1— 

Telecommunications 

Note 1 in the beginning of Category 5 

Part 1 is amended by removing the word 

‘‘lasers’’, because a new nota bene is 

added to reference ECCN 6A005 for 

‘‘lasers’’ specially designed for 

telecommunications equipment or 

systems. 

ECCN 5A001 is amended by reinserting back License Exceptions GBS 

and CIV in the License Exception 

section. These were inadvertently 

removed by the Wassenaar 2008 

implementation rule on December 11, 

2009 (74 FR 66000). 

ECCN 5B001 is amended by removing 

and reserving paragraphs 5B001.b.1 and 

b.3 in the Items paragraph of the List of 

Items Controlled section, because these 

controls are no longer necessary as they 

have been overtaken by the continued 

advancement in infrastructure 

transmission and switching technology, 

and because of the wide usage of this 

equipment in commercial applications. 

ECCN 5D001 is amended by removing 

and reserving paragraphs 5D001.d.1 and 

d.3 in the Items paragraph of the List of 

Items Controlled section, to harmonize 

with the removal of 5B001.b.1 and b.3 

in this rule. 

ECCN 5E001 is amended by: 

—Revising the total digital transfer rate 

from 15 Gbit/s to 50 Gbit/s in 

paragraph 5E001.c.1, to reflect 

advancement in infrastructure 

transmission and switching 

technology. 

—Revising the text in the technical note 

to 5E001.c.1 to make it clear that the 

control applies to telecommunication 

switching equipment and to provide 

additional detail to clarify the text. 

—Adding an additional parameter to the 

existing parameter in 5E001.c.3 to 

narrow the scope of control. 

Category 6—Sensors and Lasers 

ECCN 6A001 is amended by: 

—Adding 6A001.a.1.e to the list of 

commodities ineligible for License 

Exception LVS, because this newly 

added commodity is on the sensitive 

list of the Wassenaar Arrangement. 

—Revising paragraphs a.1.a and a.1.d in 

the Items paragraph of the List of 

Items Controlled section, to clarify the 

text. 

—Adding paragraph a.1.e to the Items 

paragraph of the List of Items 

Controlled section to control active 

individual sonars, specially designed 

or modified to detect, locate and 

automatically classify swimmers or 

divers. This new control is necessary 

to close the loophole that exists for 

these commercial sonar based 

detection systems that are nearly 

equivalent to existing military 

systems. 

ECCN 6A005 is amended by: 

—Revising the CW output power from 

‘‘10W’’ to ‘‘15 W’’ for individual, 

multiple-transverse mode 

semiconductor ‘‘lasers’’ in paragraph 

d.1.b.1 of the Items paragraph because 

of worldwide technological 

advancement. 

—Replacing the term ‘‘arrays’’ with 

‘‘bars’’ because this is a more 

appropriate term for this control in 

paragraph d.1.c. The revisions in this 

rule include adding a definition for 

‘‘bar’’ and ‘‘stacked array’’ in the 

Technical Notes at the end of 

6A005.d.1. 

—Revising the CW output power from 

‘‘80 W’’ to ‘‘100 W’’ for individual 

semiconductor laser bars in paragraph 

d.1.c.1, because the power density 

export controls otherwise applied to 

these laser bars provide enough 

control to justify relaxing the export 

controls for CW output power in this 

entry. 

—Revising paragraph 6A005.d.1.d from 

a control over ‘‘array stacks of 

semiconductor laser containing at 

least one array controlled by 

6A005.d.1.c’’ to a control over 

‘‘semiconductor laser stacked arrays 

(two-dimensional arrays), having any 

of the following * * *’’ and adding 

control paragraphs that contain a 

variation of parameters that include: 

Wavelength, average or Continuous 

Wave (CW) total output power, 

average or CW output ‘‘power 

density,’’ peak pulsed power density, 

spatial coherent average or CW total 

output power, because the existing 

control was inadequate to control 

lasers of this type that are militarily 

critical items. 

ECCN 6A008 is amended by: 

—Removing the resolution parameter 

(12 reasonable elements per mm) from 

the Note at the beginning of the Items 

paragraph pertaining to displays or 

monitors used for Air Traffic Control 

(ATC), because today ATC terminals 

typically use raster scan displays and 

the removed parameter is not relevant 

to raster scan terminals. 

—Moving the Note after 6A008.f 

pertaining to Precision Approach 

Radar (PAR) equipment to the Note at 

the beginning of the Items paragraph, 


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for better visibility. The stated intent 

of paragraph 6A008.f is to capture 

radar systems that can be used to 

detect ‘‘human movement’’ or to detect 

‘‘small sub munitions,’’ and PARs are 

not capable of this level of detection. 

—Removing the double quotes from 

around the term ‘‘electronically 

steerable phased array antennae’’ and 

removing the word ‘‘phased’’ in 

6A008.e, because more advanced 

radar systems are now using time 

delay techniques, rather than phase 

shifters, to electronically steer radar 

beams. Deletion of the word ‘‘phased’’ 

will expand the scope of control to 

capture all electronically steered 

arrays (ESA), which was the original 

intent of the control. 

Revising the parameter in 6A008.l.4 

for data processing subsystems to 

include controls on radar sensors that 

are integrated into such subsystems 

through separate processing equipment 

such as computers. 

ECCN 6C004 is amended by revising 

6C004.b and .e to add the Chemical 

Abstracts Service (CAS) registry 

numbers for better identification of the 

chemicals that are controlled. 

ECCN 6D003 is amended by: 

—Adding paragraph 6D003.a.5 to 

control software or source code, 

specially designed for real time 

processing of acoustic data for 

detection devices. The software is 

loaded onto standard commercial PCs 

and is critical for advanced detection 

and classification. 

—Revising paragraph 6D003.h.1 

pertaining to Air Traffic Control 

(ATC) software to account for 

technological advancements. 

Category 7—Navigation and Avionics 

ECCN 7A005 is amended by: 

—Revising the Heading to capitalize the 

words associated with the acronym 

(GNSS), removing the acronyms ‘‘GPS 

and GLONASS,’’ adding the words 

‘‘having any of the following,’’ and 

moving the parenthetical to the added 

License Requirements section to 

harmonize with WA text. 

—Adding a License Requirements 

section that will contain a note 

stating, ‘‘These items are subject to the 

export licensing authority of the U.S. 

Department of State, Directorate of 

Defense Trade Controls. See 22 CFR 

part 121.’’ 

—Adding a List of Items Controlled 

section to harmonize the format with 

other ECCN entries in the CCL and to 

provide transparency to the public of 

the WA text for this ECCN. 

ECCN 7B001 is amended by replacing 

the word ‘‘removal’’ with ‘‘disassembly 

or repair’’ and removing the phrase 

‘‘from the SRA’’ at the end of paragraph 

2 in the Related Definitions paragraph of 

the List of Items Controlled section. 

This change makes it clear that 

replacement or removal of gyros, 

accelerometers, and in some cases the 

inertial sensor assembly containing 

these sensors, is considered a 

‘‘Maintenance Level II’’ repair. This 

change also clarifies that these 

assemblies are generally considered to 

be Shop Replaceable Assembly (SRA) 

within the avionics repair industry. 

ECCN 7D003 is amended by revising 

paragraph b.2 to capitalize the words 

associated with the acronym (GNSS) 

and delete the parenthetical reference to 

GPS and GLONASS. 

ECCN 7E004 is amended by: 

—Adding the word ‘‘systems’’ in two 

places in the nota bene of paragraph 

b.6 in the Items paragraph, to reflect 

amendments made in this rule to 

9E003; 

—Adding double quotes around ‘‘Full 

Authority Digital Engine Control 

Systems’’ and ‘‘FADEC Systems’’ in the 

nota bene of paragraph b.6 in the 

Items paragraph, to reflect 

amendments made in this rule to 

9E003; 

—Revising the reference in the nota 

bene in paragraph b.6 of the Items 

paragraph from ‘‘9E003.a.9’’ to 

‘‘9E003.h’’, to be consistent with the 

amendments made by this rule to 

9E003. 

Category 9—Aerospace and Propulsion 

ECCN 9A001 is amended by: 

—Removing text from the Heading to 

more accurately reflect the scope of 

what is controlled in this ECCN and 

replacing ‘‘as follows’’ with ‘‘having 

any of the following’’; 

—Revising paragraph 9A001.a by 

adding ‘‘or 9E003.h’’ to be consistent 

with amendments made by this rule 

to 9E003. This revision will result in 

the control of aero gas turbine engines 

incorporating any of the technologies 

controlled by 9E003.h. 

ECCN 9A003 is amended by revising 

the heading to add ‘‘or 9E003.h’’ to be 

consistent with amendments made by 

this rule to ECCN 9E003. This will 

result in the control of specially 

designed assemblies and components 

incorporating any of the technologies 

controlled by 9E003.h for gas turbine 

engine propulsion systems that meet the 

parameters of ECCN 9A003. 

ECCN 9B002 is amended by revising 

the heading to add ‘‘or 9E003.h’’ as a 

consequential change of revision this 

rule makes to ECCN 9E003. This will 

result in the control of on-line (real 

time) control systems, instrumentation 

(including sensors) or automated data 

acquisition and processing equipment, 

specially designed for the 

‘‘development’’ of gas turbine engines, 

assemblies or components incorporating 

‘‘technologies’’ controlled by 9E003.h. 

ECCN 9D003 is amended by: 

—Adding the word ‘‘Systems’’ in two 

places in the Heading, and adding 

double quotes around the term 

‘‘FADEC Systems’’ to correctly refer to 

the term as a system; 

—Adding the word ‘‘system’’ and adding 

double quotes around the term 

‘‘FADEC system’’ in the NS and MT 

license requirement paragraphs in the 

License Requirements section, for 

consistency; 

—Removing the reference to 9A110 in 

the MT control paragraph of the 

License Requirements section, 

because MT does not apply to 9A110. 

—Moving the ending double quote from 

after ‘‘FADEC’’ to after ‘‘FADEC 

systems’’ in 9D003.b, for consistency. 

ECCN 9E003 is amended by: 

—Revising the Significant Item (SI) 

control paragraph in the License 

Requirements section, to reflect 

amendments made by this rule in 

paragraphs 9E003.a.9, h, and i and to 

correct the SI scope of license 

requirements. SI controls now apply 

to 9E003.a.1. through a.8, a.10, h and 

i; 

—Removing and reserving paragraph a.9 

in the Items paragraph of the List of 

Items Controlled section in order to 

add a more detailed control for 

FADEC systems in 9E003.h; 

—Redesignating paragraph h as i and 

adding a new paragraph h in the Items 

paragraph of the List of Items 

Controlled section, to add more 

specific and detailed control 

paragraphs for ‘‘FADEC systems’’ 

technology; and 

—Revising new paragraph 9E003.i to 

harmonize references to paragraphs in 

9E003 that were revised by this rule. 

Section 734.4 De minimis U.S. Content 

Section 734.4 is amended by 

removing the phrase ‘‘9E003.a.1. through 

a.11, and .h.’’ and adding in its place 

‘‘9E003.a.1 through a.8, a.10, h and i.’’ in 

paragraph (a)(4) ‘‘Items for which there 

is no de minimis level.’’ This change is 

made to harmonize with revisions to 

paragraphs ECCN 9E003.a.9, h, and i in 

this rule. 


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Section 742.14 Significant Items: Hot 

Section Technology for the 

Development, Production or Overhaul of 

Commercial Aircraft Engines, 

Components, and Systems 

This rule harmonizes the list of 

paragraphs under ECCN 9E003 that are 

controlled for SI reasons with the list in 

section 742.14. The paragraphs of ECCN 

9E003 that are controlled for SI reasons 

are 9E003.a.1 through a.8, a.10, h and i. 

Section 743.1 Wassenaar Arrangement 

WA has three levels of control of 

goods: Basic List, Sensitive List, and 

Very Sensitive List. As a matter of 

policy, BIS makes certain items on the 

WA Basic and Sensitive List eligible for 

license exceptions. However, because of 

the U.S. obligations under its 

agreements to the WA, the U.S. must 

report on SL items exported outside of 

the WA membership countries. BIS does 

this by gathering data from its licensing 

database. However, to collect data on 

exports made under license exceptions, 

BIS requires WA reporting on SL items 

exported under certain license 

exceptions. As a result of WA making 

changes to its Sensitive List, this rule 

makes corresponding changes to the 

reporting requirements of section 743.1 

of the EAR (e.g., replacing 9E003.a.9 

with 9E003.h). This rule revises 

reporting requirements for ECCNs 

4D001, 4E001 and 6A003.b.3. For 

6A003.b.3, this rule adds the phrase 

‘‘except imaging cameras specially 

designed or modified for underwater 

use.’’ For 4D001 and 4E001, this rule 

revises the APP from ‘‘0.1 Weighted 

TeraFLOPS (WT)’’ to ‘‘0.5 WT.’’ This rule 

makes editorial revisions to reporting 

requirements in ECCN 6A003.b.4. This 

rule adds WA reporting requirements 

for ECCNs 6D003.a and 9E003.a.1 and 

a.3. WA reporting requirements may be 

found in Section 743.1 of the EAR. 

Editorial revisions are made to the last 

sentence in section 743.1(c)(2), to 

provide the correct description of where 

to find the guidelines for calculating 

APP in the EAR. 

Supplement No. 2 to Part 744—List of 

Items Subject to the Military End-Use 

License Requirement of § 744.21 

As a result of WA removing ECCN 

4D003, the entry for ECCN 4D993 is 

revised to remove the reference to ECCN 

4D003 in paragraph (4)(ii) of Supp. No. 

2 to part 744 of the EAR. This change 

should not result in any change in 

license requirements or applications 

submitted to BIS. 

Section 772.1 Definitions of Terms as 

Used in the Export Administration 

Regulations (EAR) 

As a result of the decisions reached at 

the 2009 WA Plenary, this rule removes 

the following terms from section 772.1 

of the EAR: CE, Computing Element, 

Interconnected radar sensors, 

Personalized smart card, Q-switched 

laser, and Three Dimensional Vector 

Rate. This rule also revises references to 

categories in many definitions as a 

result of WA decisions. This rule also 

adds the following terms as a result of 

WA agreements: ‘‘Energetic materials’’ 

(Cat 1), ‘‘Fuel cell’’ (Cat 8), and ‘‘Laser 

duration.’’ There is no category 

designation for the term ‘‘laser 

duration,’’ because it is a term used in 

the definition of two other terms listed 

in section 772.1 of EAR, specifically, 

‘‘average output power’’ and ‘‘peak 

power.’’ This rule also revises the 

following terms: ‘‘All compensations 

available’’ and removes and replaces 

references to categories in certain 

defined terms to be consistent with 

amendments made by this rule. This 

rule revises the definition of ‘‘all 

compensations available’’ by adding the 

phrase ‘‘or measuring errors for the 

particular coordinate measuring 

machine.’’ The definition of ‘‘Full 

Authority Digital Engine Control,’’ has 

been completely rewritten. 

Additionally, the note in the term ‘‘peak 

power’’ is removed because it included 

a definition for ‘‘laser duration,’’ which 

will now be defined as separate term in 

section 772.1. The WA revisions to 

definitions do not always coincide with 

the format of the EAR. For example, 

when WA removes definitions that are 

used in unilateral ECCNs, BIS does not 

remove them, or for example, when WA 

removes a reference to a category of the 

CCL, BIS still uses the term in a 

unilateral entry of the category. 

Export Administration Act 

Since August 21, 2001, the Export 

Administration Act of 1979, as 

amended, has been in lapse. However, 

the President, through Executive Order 

13222 of August 17, 2001 (3 CFR, 2001 

Comp. 783 (2002)), which has been 

extended by successive Presidential 

Notices, the most recent being that of 

August 12, 2010, 75 FR 50681 (August 

16, 2010) has continued the EAR in 

effect under the International 

Emergency Economic Powers Act (50 

U.S.C. 1701–1707). 

Saving Clause 

Shipments of items removed from 

license exception eligibility or eligibility 

for export without a license as a result 

of this regulatory action that were on 

dock for loading, on lighter, laden 

aboard an exporting carrier, or en route 

aboard a carrier to a port of export, on 

September 7, 2010, pursuant to actual 

orders for export to a foreign 

destination, may proceed to that 

destination under the previous license 

exception eligibility or without a license 

so long as they have been exported from 

the United States before November 8, 

2010. Any such items not actually 

exported before midnight, on November 

8, 2010, require a license in accordance 

with this regulation. 

Rulemaking Requirements 

1. This final rule has been determined 

to be significant for purposes of 

Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with a collection of information subject 

to the requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule 

involves two collections of information 

subject to the PRA. One of the 

collections has been approved by OMB 

under control number 0694–0088, 

‘‘Multi Purpose Application,’’ and 

carries a burden hour estimate of 58 

minutes for a manual or electronic 

submission. The other of the collections 

has been approved by OMB under 

control number 0694–0106, ‘‘Reporting 

and Recordkeeping Requirements under 

the Wassenaar Arrangement,’’ and 

carries a burden hour estimate of 21 

minutes for a manual or electronic 

submission. Send comments regarding 

these burden estimates or any other 

aspect of these collections of 

information, including suggestions for 

reducing the burden, to OMB Desk 

Officer, New Executive Office Building, 

Washington, DC 20503; and to Jasmeet 

Seehra, OMB Desk Officer, by e-mail at 

Jasmeet_K._Seehra@omb.eop.gov or by 

fax to (202) 395–7285; and to the Office 

of Administration, Bureau of Industry 

and Security, Department of Commerce, 

14th and Pennsylvania Avenue, NW., 

Room 6622, Washington, DC 20230. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking, the opportunity for public 

participation, and a delay in effective 

date, are inapplicable because this 


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54276 Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Rules and Regulations 

regulation involves a military and 

foreign affairs function of the United 

States (5 U.S.C. 553(a)(1)). Immediate 

implementation of these amendments 

fulfills the United States’ international 

obligation to the Wassenaar 

Arrangement on Export Controls for 

Conventional Arms and Dual Use Goods 

and Technologies. The Wassenaar 

Arrangement contributes to 

international security and regional 

stability by promoting greater 

responsibility in transfers of 

conventional arms and dual use goods 

and technologies, thus preventing 

destabilizing accumulations of such 

items. The Wassenaar Arrangement 

consists of 40 member countries that act 

on a consensus basis and the changes 

set forth in this rule implement 

agreements reached at the December 

2009 plenary session of the WA. Since 

the United States is a significant 

exporter of the items in this rule, 

implementation of this provision is 

necessary for the WA to achieve its 

purpose. Any delay in implementation 

will create a disruption in the 

movement of affected items globally 

because of disharmony between export 

control measures implemented by WA 

members, resulting in tension between 

member countries. Export controls work 

best when all countries implement the 

same export controls in a timely 

manner. If this rulemaking was delayed 

to allow for notice and comment, it 

would prevent the United States from 

fulfilling its commitment to the WA in 

a timely manner and would injure the 

credibility of the United States in this 

and other multilateral regimes. 

Further, no other law requires that a 

notice of proposed rulemaking and an 

opportunity for public comment be 

given for this final rule. Because a 

notice of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule under 

the Administrative Procedure Act or by 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. Therefore, this 

regulation is issued in final form. 

Although there is no formal comment 

period, public comments on this 

regulation are welcome on a continuing 

basis. Comments should be submitted to 

Sharron Cook, Office of Exporter 

Services, Bureau of Industry and 

Security, Department of Commerce, 

14th and Pennsylvania Ave., NW., 

Room 2705, Washington, DC 20230. 

List of Subjects 

15 CFR Part 734 

Administrative practice and 

procedure, Exports, Inventions and 

patents, Research science and 

technology. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 743 

Administrative practice and 

procedure, Reporting and recordkeeping 

requirements. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

15 CFR Part 772 

Exports. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

■ Accordingly, parts 734, 742, 743, 744, 

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 part 734 

is revised 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 August 12, 2010, 75 

FR 50681 (August 16, 2010); Notice of 

November 6, 2009, 74 FR 58187 (November 

10, 2009). 

■ 2. Section 734.4 is amended by 

removing the phrase ‘‘9E003.a.1 through 

a.10, and .h.’’ and adding in its place 

‘‘9E003.a.1 through a.8, a.10, h and i.’’ in 

paragraph (a)(4). 

PART 742—[AMENDED] 

■ 3. The authority citation for part 742 

is revised to read as follows: 

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

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 

42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; Sec 1503, Pub. L. 108–11, 117 

Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 

1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 

3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 

FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 

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

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

Comp., p. 783; Presidential Determination 

2003–23 of May 7, 2003, 68 FR 26459, May 

16, 2003; Notice of August 12, 2010, 75 FR 

50681 (August 16, 2010); Notice of November 

6, 2009, 74 FR 58187 (November 10, 2009). 

■ 4. Section 742.14 is amended by 

revising paragraphs (a) and (b) 

introductory text to read as follows: 

§ 742.14 Significant items: hot section 

technology for the development, production 

or overhaul of commercial aircraft engines, 

components, and systems. 

(a) License requirement. Licenses are 

required for all destinations, except 

Canada, for ECCNs having an ‘‘SI’’ under 

the ‘‘Reason for Control’’ paragraph. 

These items include hot section 

technology for the development, 

production or overhaul of commercial 

aircraft engines controlled under ECCN 

9E003.a.1 through a.8, a.10, .h and .i, 

and related controls. 

(b) Licensing policy. Pursuant to 

section 6 of the Export Administration 

Act of 1979, as amended, foreign policy 

controls apply to technology required 

for the development, production or 

overhaul of commercial aircraft engines 

controlled by ECCN 9E003a.1 through 

a.8, a.10, .h and .i, and related controls. 

These controls supplement the national 

security controls that apply to these 

items. Applications for export and 

reexport to all destinations will be 

reviewed on a case-by-case basis to 

determine whether the export or 

reexport is consistent with U.S. national 

security and foreign policy interests. 

The following factors are among those 

that will be considered to determine 

what action will be taken on license 

applications: 

* * * * * 

PART 743—[AMENDED] 

■ 5. The authority citation for part 743 

is revised to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

12, 2010, 75 FR 50681 (August 16, 2010). 

■ 6. In § 743.1, revise paragraphs 

(c)(1)(vi), (c)(1)(ix), and (c)(2) to read as 

follows: 

§ 743.1 Wassenaar Arrangement. 

* * * * * 

(c) * * * 

(1) * * * 

(vi) Category 6: 6A001.a.1.b (changing 

10 kHz to 5 kHz and adding the text ‘‘or 

a sound pressure level exceeding 224 dB 

(reference 1 μPa at 1 m) for equipment 

with an operating frequency in the band 

from 5kHz to 10 kHz inclusive’’ to the 

existing text in 6A001.a.1.b.1), and 

6A001.a.2.d; 6A002.a.1.a, 6A002.a.1.b, 

6A002.a.2.a (changing 350 uA/Im to 700 

uA/Im in 6A002.a.2.a.3.a), 6A002.a.3, 

6A002.b, 6A002.c (incorporating 

6A002.a.2.a or 6A002.a.3 having 

characteristics described in this 


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Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Rules and Regulations 54277 

paragraph), 6A002.e; 6A003.b.3 

(incorporating 6A002.a.2.a having 

characteristics described in this 

paragraph, except imaging cameras 

specially designed or modified for 

underwater use), 6A003.b.4 

(incorporating 6A002.a.3 having 

characteristics specified by this 

paragraph); 6A004.c and d; 6A006.a.1, 

6A006.a.2 (having a ‘‘noise level’’ 

(sensitivity) lower (better) than 2pT rms 

per square root Hz), 6A006.c.1, 6A006.d 

(certain items only; see Note to this 

paragraph); 6A008.d, .h, and .k; 6D001 

(for 6A004.c and .d and 6A008.d, .h, 

and .k); 6D003.a; 6E001 (for equipment 

and software listed in this paragraph); 

and 6E002 (for equipment listed in this 

paragraph); 

* * * * * 

(ix) Category 9: 9B001.b, 9D001 (for 

9B001.b and as described in this 

paragraph), 9D002 (for 9B001.b), 

9D004.a, 9D004.c, 9E001 for technology 

controlled for NS reasons, 9E002, 

9E003a.1 to a.5, a.8, and h. 

* * * * * 

(2) Reports for ‘‘software’’ controlled 

by 4D001(that is specially designed) and 

‘‘technology’’ controlled by 4E001 

(according to the General Technology 

Note in Supplement No. 2 to part 774 

of the EAR), are required for the 

‘‘development’’ or ‘‘production’’ of 

computers controlled under 4A001.a.2, 

or for the ‘‘development’’ or 

‘‘production’’ of ‘‘digital computers’’ 

having an ‘‘Adjusted Peak Performance’’ 

(‘‘APP’’) exceeding 0.5 Weighted 

TeraFLOPS (WT). For the calculation of 

‘‘APP’’, see the Technical Note at the end 

of Category 4 in the Commerce Control 

List (Supplement No. 1 to part 774 of 

the EAR). 

* * * * * 

PART 744—[AMENDED] 

■ 7. The authority citation for part 744 

is revised 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; 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. 

12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 

356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 

Comp., p. 228; E.O. 13099, 63 FR 45167, 3 

CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; E.O. 

13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 

786; Notice of August 12, 2010, 75 FR 50681 

(August 16, 2010); Notice of November 6, 

2009, 74 FR 58187 (November 10, 2009). 

■ 8. Supplement No. 2 is amended by 

revising paragraph (4)(ii) to read as 

follows: 

Supplement No. 2 to Part 744—List of 

Items Subject to the Military End-Use 

License Requirement of § 744.21 

* * * * * 

(4) * * * 

(ii) 4D993 ‘‘Program’’ proof and validation 

‘‘software’’, ‘‘software’’ allowing the automatic 

generation of ‘‘source codes’’, and operating 

system ‘‘software’’ that are specially designed 

for real time processing equipment. 

* * * * * 

PART 772—[AMENDED] 

■ 9. The authority citation for part 772 

is revised to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

12, 2010, 75 FR 50681 (August 16, 2010). 

■ 10. Section 772.1 is amended by: 

■ a. Removing the terms and definitions 

for ‘‘CE’’, ‘‘Computing Element’’, 

‘‘Interconnected radar sensors’’, 

‘‘Q-switched laser’’, and ‘‘Three 

dimensional Vector Rate’’; 

■ b. Removing the phrase ‘‘(Cat 1, 7 and 

9)’’ and adding in its place ‘‘(Cat 1, 3 and 

7)’’ in the term ‘‘Civil aircraft’’; 

■ c. Removing the phrase ‘‘(Cat 1, 3, and 

6)’’ and adding in its place ‘‘(Cat 1, 3, 

5P1, and 6) in the term ‘‘Critical 

temperature’’; 

■ d. Removing the phrase ‘‘(Cat 2, 3, 4, 

and 5)’’ and adding in its place ‘‘(Cat 4)’’ 

in the term ‘‘Electronic assembly’’; 

■ e. Removing the phrase ‘‘(Cat 4 and 7)’’ 

and adding in its place ‘‘(Cat 7)’’ for 

‘‘Expert systems’’; 

■ f. Removing the phrase ‘‘(Cat 6)’’ and 

adding in its place ‘‘(Cat 6 and 8)’’ for 

‘‘Focal plane array’’; 

■ g. Removing the phrase ‘‘(Cat 3)’’ and 

adding in its place ‘‘(Cat 3, 5P1, 5P2)’’ for 

‘‘Fractional bandwidth’’; 

■ h. Adding the terms and definitions 

for ‘‘Energetic materials’’, ‘‘Fuel cell’’, 

and ‘‘Laser duration’’; 

■ i. Removing the phrase ‘‘(Cat 2, 3, 5, 

6, and 9)’’ and adding in its place ‘‘(Cat 

2, 3, 5P1, 6, 7, 8 and 9)’’ and removing 

the phrase ‘‘’’Q-switched laser’’;’’ in the 

definition for ‘‘laser’’; 

■ j. Removing the phrase ‘‘Space 

qualified. (Cat 3 and 6)’’ and adding in 

its place ‘‘Space-qualified. (Cat 3, 6, and 

8)’’ in ‘‘Space-qualified’’; 

■ k. Removing the phrase ‘‘(Cat 1, 3, 6, 

and 8)’’ and adding in its place ‘‘(Cat 1, 

3, 5P1, 6, and 8)’’ in ‘‘superconductive’’; 

■ l. Revising the terms and definitions 

for ‘‘All compensations available’’ and 

‘‘Full Authority Digital Engine Control’’; 

and 

■ m. Removing the Note in the 

definition for ‘‘peak power’’, to read as 

follows: 

§ 772.1 Definitions of Terms as Used in the 

Export Administration Regulations (EAR). 

* * * * * 

All compensations available. (Cat 2) 

means after all feasible measures 

available to the manufacturer to 

minimize all systematic positioning 

errors for the particular machine-tool 

model or measuring errors for the 

particular coordinate measuring 

machine are considered. 

* * * * * 

Energetic materials. (Cat 1) 

Substances or mixtures that react 

chemically to release energy required 

for their intended application. 

‘‘Explosives’’, ‘‘pyrotechnics’’ and 

‘‘propellants’’ are * * * 

Fuel cell. (Cat 8) An electrochemical 

device that converts chemical energy 

directly into Direct Current (DC) 

electricity by consuming fuel from an 

external source. 

* * * * * 

Full Authority Digital Engine Control 

Systems. (‘‘FADEC Systems’’) (Cat 7 and 

9) A digital electronic control system for 

a gas turbine engine that is able to 

autonomously control the engine 

throughout its whole operating range 

from demanded engine start until 

demanded engine shut-down, in both 

normal and fault conditions. 

* * * * * 

Laser duration. (§ 772.1 of EAR) The 

time over which a ‘‘laser’’ emits ‘‘laser’’ 

radiation, which for ‘‘pulsed lasers’’ 

corresponds to the time over which a 

single pulse or series of consecutive 

pulses is emitted. 

* * * * * 

PART 774—[AMENDED] 

■ 11. The authority citation for part 774 

is revised 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 12, 2010, 75 

FR 50681 (August 16, 2010). 

■ 12. 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 by revising 

introductory text of paragraph b. of the 

Items paragraph in the List of Items 

Controlled section, to read as follows: 


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54278 Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Rules and Regulations 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1A001 Components made from fluorinated 

compounds, as follows (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. Piezoelectric polymers and copolymers, 

made from vinylidene fluoride (CAS 75–38– 

7) materials, controlled by 1C009.a, having 

all of the following: 

* * * * * 

■ 13. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 1 

‘‘Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and Toxins’’, ECCN 

1A002 is amended by revising Note 1 in 

the Items paragraph of 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 

* * * * * 

Items: 

* * * * * 

Note 1: 1A002 does not control composite 

structures or laminates made from epoxy 

resin impregnated carbon ‘‘fibrous or 

filamentary materials,’’ for the repair of ‘‘civil 

aircraft’’ structures or laminates, having all of 

the following: 

a. An area not exceeding 1 m2; 

b. A length not exceeding 2.5 m; and 

c. A width exceeding 15 mm. 

* * * * * 

■ 14. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 1 

‘‘Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and Toxins’’, ECCN 

1B001 is amended by revising the 

Heading, the MT paragraph in the 

License Requirements section and 

paragraphs a. and b., and add paragraph 

g. in the Items paragraph of 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. 

License Requirements 

* * * * * 

MT applies to entire entry, 

except 1B001.d.4, e and f.

MT Column 

1. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. Filament winding machines, of which 

the motions for positioning, wrapping and 

winding fibers are coordinated and 

programmed in three or more ‘primary servo 

positioning’ axes, specially designed for the 

manufacture of ‘‘composite’’ structures or 

laminates, from ‘‘fibrous or filamentary 

materials’’; 

b. Tape-laying machines, of which the 

motions for positioning and laying tape or 

sheets are coordinated and programmed in 

five or more ‘primary servo positioning’ axes, 

specially designed for the manufacture of 

‘‘composite’’ airframe or ‘‘missile’’ structures; 

* * * * * 

g. Tow-placement machines, of which the 

motions for positioning and laying tows or 

sheets are coordinated and programmed in 

two or more ‘primary servo positioning’ axes, 

specially designed for the manufacture of 

‘‘composite’’ airframe or missile structures. 

Technical Note: For the purpose of 1B001, 

‘primary servo positioning’ axes control, 

under computer program direction, the 

position of the end effector (i.e., head) in 

space relative to the work piece at the correct 

orientation and direction to achieve the 

desired process. 

■ 15. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 1 

‘‘Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and Toxins’’, ECCN 

1C002 is amended by revising the 

introductory text to paragraph b. in the 

Items of 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). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. Metal alloys, as follows, made from the 

powder or particulate material controlled by 

1C002.c: 

* * * * * 

■ 16. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 1 

‘‘Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and Toxins’’, ECCN 

1C006 is amended by revising paragraph 

c.1. in the Items paragraph of the List of 

Items Controlled section, to read as 

follows: 

1C006 Fluids and lubricating materials, as 

follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

c. * * * 

c.1. Dibromotetrafluoroethane (CAS 

25497–30–7, 124–73–2, 27336–23–8); 

* * * * * 

■ 17. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 1 

‘‘Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and Toxins’’, ECCN 

1C007 is amended by revising paragraph 

f.1. in the Items paragraph of the List of 

Items Controlled section, to read as 

follows: 

1C007 Ceramic base materials, non- 

‘‘composite’’ ceramic materials, ceramic- 

‘‘matrix’’ ‘‘composite’’ materials and 

precursor materials, as follows (see List 

of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

f. * * * 

f.1. Al2O3 (CAS 1344–28–1); or 

* * * * * 

■ 18. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 1 

‘‘Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and Toxins’’, ECCN 

1C008 is amended by revising 

paragraphs b.1.a, b.2.a, b.2.b, and b.2.c 

in the Items paragraph of the List of 

Items Controlled section, to read as 

follows: 

1C008 Non-fluorinated polymeric 

substances as follows (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. * * * 

b.1. * * * 

b.1.a. Phenylene (CAS 83–12–5), 

biphenylene (CAS 259–79–0) or naphthalene 

(CAS 91–20–3); or 

* * * * * 

b.2. * * * 

b.2.a. Terephthalic acid (CAS 100–21–0); 

b.2.b. 6-hydroxy-2 naphthoic acid (CAS 

16712–64–4); or 

b.2.c. 4-hydroxybenzoic acid (CAS 99–96– 

7); 

* * * * * 

■ 19. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 1 


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‘‘Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and Toxins’’, ECCN 

1C010 is amended by revising the 

Heading and the Items paragraph of the 

List of Items Controlled section, to read 

as follows: 

1C010 ‘‘Fibrous or filamentary materials’’ 

as follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. Organic ‘‘fibrous or filamentary 

materials’’, having all of the following: 

a.1. ‘‘Specific modulus’’ exceeding 12.7 x 

106 m; and 

a.2. ‘‘Specific tensile strength’’ exceeding 

23.5 x 104 m; 

Note: 1C010.a does not control 

polyethylene. 

b. Carbon ‘‘fibrous or filamentary 

materials’’, having all of the following: 

b.1. ‘‘Specific modulus’’ exceeding 14.65 x 

106 m; and 

b.2. ‘‘Specific tensile strength’’ exceeding 

26.82 x 104 m; 

Note: 1C010.b does not control: 

a. ‘‘Fibrous or filamentary materials’’, for 

the repair of ‘‘civil aircraft’’ structures or 

laminates, having all of the following: 

1. An area not exceeding 1 m2; 

2. A length not exceeding 2.5 m; and 

3. A width exceeding 15 mm. 

b. Mechanically chopped, milled or cut 

carbon ‘‘fibrous or filamentary materials’’ 25.0 

mm or less in length. 

Technical Note: Properties for materials 

described in 1C010.b should be determined 

using SACMA recommended methods SRM 

12 to 17, ISO 10618 (2004) 10.2.1 Method A 

or national equivalent tow tests, and based 

on lot average. 

c. Inorganic ‘‘fibrous or filamentary 

materials’’, having all of the following: 

c.1. ‘‘Specific modulus’’ exceeding 2.54 x 

106 m; and 

c.2. Melting, softening, decomposition or 

sublimation point exceeding 1,922 K (1,649 

°C) in an inert environment; 

Note: 1C010.c does not control: 

a. Discontinuous, multiphase, 

polycrystalline alumina fibers in chopped 

fiber or random mat form, containing 3% by 

weight or more silica, with a ‘‘specific 

modulus’’ of less than 10 x 106 m; 

b. Molybdenum and molybdenum alloy 

fibers; 

c. Boron fibers; 

d. Discontinuous ceramic fibers with a 

melting, softening, decomposition or 

sublimation point lower than 2,043 K (1,770 

°C) in an inert environment. 

d. ‘‘Fibrous or filamentary materials’’, 

having any of the following: 

d.1. Composed of any of the following: 

d.1.a. Polyetherimides controlled by 

1C008.a; or 

d.1.b. Materials controlled by 1C008.b to 

1C008.f; or 

d.2. Composed of materials controlled by 

1C010.d.1.a or 1C010.d.1.b and 

‘‘commingled’’ with other fibers controlled by 

1C010.a, 1C010.b or 1C010.c; 

e. Fully or partially resin-impregnated or 

pitch-impregnated ‘‘fibrous or filamentary 

materials’’ (prepregs), metal or carbon-coated 

‘‘fibrous or filamentary materials’’ (preforms) 

or ‘‘carbon fiber preforms’’, having all of the 

following: 

e.1. Having any of the following: 

e.1.a. Inorganic ‘‘fibrous or filamentary 

materials’’ controlled by 1C010.c; or 

e.1.b. Organic or carbon ‘‘fibrous or 

filamentary materials’’, having all of the 

following: 

e.1.b.1. ‘‘Specific modulus’’ exceeding 

10.15 x 106 m; and 

e.1.b.2 ‘‘Specific tensile strength’’ 

exceeding 17.7 x 104 m; and 

e.2. Having any of the following: 

e.2.a. Resin or pitch controlled by 1C008 or 

1C009.b; 

e.2.b. ’Dynamic Mechanical Analysis glass 

transition temperature (DMA Tg)′ equal to or 

exceeding 453 K (180 °C) and having a 

phenolic resin; or 

e.2.c. ’Dynamic Mechanical Analysis glass 

transition temperature (DMA Tg)′ equal to or 

exceeding 505 K (232 °C) and having a resin 

or pitch, not specified by 1C008 or 1C009.b, 

and not being a phenolic resin; 

Note 1: Metal or carbon-coated ‘‘fibrous or 

filamentary materials’’ (preforms) or ‘‘carbon 

fiber preforms’’, not impregnated with resin 

or pitch, are specified by ‘‘fibrous or 

filamentary materials’’ in 1C010.a, 1C010.b or 

1C010.c. 

Note 2: 1C010.e does not control epoxy 

resin ‘‘matrix’’ impregnated carbon ‘‘fibrous or 

filamentary materials’’ (prepregs) for the 

repair of ‘‘civil aircraft’’ structures or 

laminates, having all of the following: 

1. An area not exceeding 1 m2; 

2. A length not exceeding 2.5 m; and 

3. A width exceeding 15 mm. 

Technical Note: The ’Dynamic Mechanical 

Analysis glass transition temperature (DMA 

Tg)′ for materials controlled by 1C010.e is 

determined using the method described in 

ASTM D 7028–07, or equivalent national 

standard, on a dry test specimen with a 

minimum 90% degree of cure as defined by 

ASTM E 2160–04 or equivalent national 

standard. 

■ 20. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 1 

‘‘Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and Toxins’’, ECCN 

1C011 is amended by revising paragraph 

(c) in the Items paragraph of 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 

* * * * * 

Items: 

* * * * * 

c. Guanidine nitrate (CAS 506–93–4); 

* * * * * 

■ 21. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 1 

‘‘Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and Toxins’’, ECCN 

1E002 is amended by revising paragraph 

c.1.c.1 in the Items paragraph of the List 

of Items Controlled section, to read as 

follows: 

1E002 Other ‘‘technology’’ as follows (see 

List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

c. * * * 

c.1. * * * 

c.1.c. * * * 

c.1.c.1. Zirconia (CAS 1314–23–4) with an 

average particle size equal to or less than 1 

μm and no more than 10% of the particles 

larger than 5 μm; 

* * * * * 

■ 22. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 1 

is amended by revising paragraphs 6. 

and 35. through 42. in the annex that 

lists explosives located at the end of this 

category, as follows: 

Annex to Category 1 

List of Explosives (See ECCNs 1A004 and 

1A008) 

* * * * * 

6. DADE (1,1-diamino-2,2-dinitroethylene, 

FOX7) (CAS 145250–81–3); 

* * * * * 

35. Nitrocellulose (containing more than 

12.5% nitrogen) (CAS 9004–70–0); 

36. Nitroglycol (CAS 628–96–6); 

37. Pentaerythritol tetranitrate (PETN) 

(CAS 78–11–5); 

38. Picryl chloride (CAS 88–88–0); 

39. 2,4,6–Trinitrotoluene (TNT) (CAS 118– 

96–7); 

40. Nitroglycerine (NG) (CAS 55–63–0); 

41. Triacetone Triperoxide (TATP) (CAS 

17088–37–8); 

42. Guanidine nitrate (CAS 506–93–4); 

43. Nitroguanidine (NQ) (CAS 556–88–7). 

* * * * * 

■ 23. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 2 

Materials Processing, ECCN 2B006 is 

amended by revising paragraph a. in the 

Items paragraph of the List of Items 

Controlled section to read as follows: 

2B006 Dimensional inspection or 

measuring systems, equipment, and 

‘‘electronic assemblies’’, as follows (see 

List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. Computer controlled or ‘‘numerically 

controlled’’ Coordinate Measuring Machines 


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(CMM), having a three dimensional length 

(volumetric) maximum permissible error of 

indication (MPEE) at any point within the 

operating range of the machine (i.e., within 

the length of axes) equal to or less (better) 

than (1.7 + L/1,000) μm (L is the measured 

length in mm) according to ISO 10360–2 

(2001); 

Technical Note: The MPEE of the most 

accurate configuration of the CMM specified 

by the manufacturer (e.g., best of the 

following: Probe, stylus length, motion 

parameters, environment) and with ‘‘all 

compensations available’’ shall be compared 

to the 1.7 + L/1,000 μm threshold. 

* * * * * 

■ 24. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3 

Electronics, ECCN 3A001 is amended 

by: 

■ a. Revising paragraphs b.1.a.4.c, b.8.b, 

and e.4 the Items paragraph of the List 

of Items Controlled section; and 

■ c. Adding paragraph b.11 in the Items 

paragraph of the List of Items Control 

section, to read as follows: 

3A001 Electronic components and 

specially designed components therefor, 

as follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. * * * 

b.1. * * * 

b.1.a. * * * 

b.1.a.4. * * * 

b.1.a.4.c. Being ‘‘space-qualified’’; 

* * * * * 

b.8. * * * 

b.8.b. An average output power to mass 

ratio exceeding 80 W/kg; and 

* * * * * 

b.11. ‘‘Frequency synthesizer’’ ‘‘electronic 

assemblies’’ having a ‘‘frequency switching 

time’’ from one selected frequency to another 

as specified by any of the following: 

b.11.a. Less than 312 ps; 

b.11.b. Less than 100 μs for any frequency 

change exceeding 1.6 GHz within the 

synthesized frequency range exceeding 3.2 

GHz but not exceeding 10.6 GHz; 

b.11.c. Less than 250 μs for any frequency 

change exceeding 550 MHz within the 

synthesized frequency range exceeding 10.6 

GHz but not exceeding 31.8 GHz; 

b.11.d. Less than 500 μs for any frequency 

change exceeding 550 MHz within the 

synthesized frequency range exceeding 31.8 

GHz but not exceeding 43.5 GHz; or 

b.11.e. Less than 1 ms within the 

synthesized frequency range exceeding 43.5 

GHz. 

N.B.: For general purpose ‘‘signal 

analysers,’’ signal generators, network 

analysers and microwave test receivers, see 

3A002.c, 3A002.d, 3A002.e and 3A002.f, 

respectively. 

* * * * * 

e. * * * 

e.4. Solar cells, cell-interconnectcoverglass (CIC) assemblies, solar panels, and 

solar arrays, which are ‘‘space-qualified,’’ 

having a minimum average efficiency 

exceeding 20% at an operating temperature 

of 301 K (28 °C) under simulated ‘AM0’ 

illumination with an irradiance of 1,367 

Watts per square meter (W/m2); 

Technical Note: ‘AM0,’ or ‘Air Mass Zero,’ 

refers to the spectral irradiance of sunlight in 

the earth’s outer atmosphere when the 

distance between the earth and sun is one 

astronomical unit (AU). 

* * * * * 

■ 25. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3 

Electronics, ECCN 3A002 is amended 

by: 

■ a. Revising the License Exception 

section; 

■ b. Removing the phrase ‘‘space 

qualified’’ and adding in its place 

‘‘space-qualified’’ in the Related Controls 

paragraph, and paragraphs a.3.b, g.1 and 

g.3 in the Items paragraph of the List of 

Items Controlled section; 

■ c. Removing and reserving paragraph 

b. in the Items paragraph of the List of 

Items Controlled section; 

■ d. Revising paragraph e. in the Items 

paragraph of 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). 

* * * * * 

License Exceptions 

LVS: $3000: 3A002.a, .e, .f, .g; $5000: 

3A002.c to .d. 

GBS: Yes for 3A002.a.1. 

CIV: Yes for 3A002.a.1 (provided all of the 

following conditions are met: (1) 

Bandwidths do not exceed: 4 MHz per 

track and have up to 28 tracks or 2 MHz 

per track and have up to 42 tracks; (2) Tape 

speed does not exceed 6.1 m/s; (3) They are 

not designed for underwater use; (4) They 

are not ruggedized for military use; and (5) 

Recording density does not exceed 653.2 

magnetic flux sine waves per mm). 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

e. Network analyzers having any of the 

following: 

e.1. Maximum operating frequency 

exceeding 43.5 GHz and output power 

exceeding 31.62 mW (15 dBm); or 

e.2. Maximum operating frequency 

exceeding 70 GHz; 

* * * * * 

■ 26. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3 

Electronics, ECCN 3B001 is amended by 

revising paragraphs c. and e. in the 

Items paragraph of the List of Items 

Controlled section to read as follows: 

3B001 Equipment for the manufacturing of 

semiconductor devices or materials, as 

follows (see List of Items Controlled) and 

specially designed components and 

accessories therefor. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

c. Anisotropic plasma dry etching 

equipment having all of the following: 

c.1. Designed or optimized to produce 

critical dimensions of 65 nm or less; and 

c.2. Within-wafer non-uniformity equal to 

or less than 10% 3s measured with an edge 

exclusion of 2 mm or less; 

* * * * * 

e. Automatic loading multi-chamber 

central wafer handling systems having all of 

the following: 

e.1. Interfaces for wafer input and output, 

to which more than twofunctionally different 

’semiconductor process tools’ controlled by 

3B001.a, 3B001.b, 3B001.c or 3B001.d are 

designed to be connected; and 

e.2. Designed to form an integrated system 

in a vacuum environment for ′sequential 

multiple wafer processing′; 

Note: 3B001.e does not control automatic 

robotic wafer handling systems specially 

designed for parallel wafer processing. 

Technical Notes: 1. For the purpose of 

3B001.e, ’semiconductor process tools’ refers 

to modular tools that provide physical 

processes for semiconductor production that 

are functionally different, such as deposition, 

etch, implant or thermal processing. 

2. For the purpose of 3B001.e, ’sequential 

multiple wafer processing’ means the 

capability to process each wafer in different 

’semiconductor process tools’, such as by 

transferring each wafer from one tool to a 

second tool and on to a third tool with the 

automatic loading multi-chamber central 

wafer handling systems. 

* * * * * 

■ 27. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

4—Computers, ECCN 4A001 is amended 

by: 

■ a. Revising the LVS paragraph in the 

License Exceptions section, as set forth 

below; 

■ b. Revising the Related Controls 

paragraph in the List of Items Controlled 

section, as set forth below; 

■ c. Removing and reserving paragraph 

b. in the Items paragraph of the List of 

Items Controlled section. 

4A001 Electronic computers and related 

equipment, having any of the following 

(see List of Items Controlled), and 

‘‘electronic assemblies’’ and specially 

designed components therefor. 

* * * * * 

License Exceptions 

LVS: $5000 for 4A001.a; N/A for MT. 

* * * * * 


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List of Items Controlled 

Unit: * * * 

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 export 

licensing authority of the U.S. Department 

of State, Directorate of Defense Trade 

Controls. (See 22 CFR part 121.) 

* * * * * 

■ 28. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

4—Computers, ECCN 4A003 is amended 

by revising paragraph g. in the Items 

paragraphs of the List of Items 

Controlled section to read as follows: 

4A003 ‘‘Digital computers’’, ‘‘electronic 

assemblies’’, and related equipment 

therefor, as follows and specially 

designed components therefor. 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

g. Equipment specially designed for 

aggregating the performance of ‘‘digital 

computers’’ by providing external 

interconnections which allow 

communications at unidirectonal data 

rates exceeding 2.0 Gbyte/s per link. 

Note: 4A003.g does not control internal 

interconnection equipment (e.g., backplanes, 

buses) passive interconnection equipment, 

‘‘network access controllers’’ or 

‘‘communication channel controllers’’. 

■ 29. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

4—Computers, Product Group D is 

amended by revising the Note to read as 

follows: 

* * * * * 

D. SOFTWARE 

Note: The control status of ‘‘software’’ for 

the ‘‘development’’, ‘‘production’’, or ‘‘use’’ of 

equipment described in other Categories is 

dealt with in the appropriate Category. 

* * * * * 

■ 30. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

4—Computers, ECCN 4D001 is amended 

by revising paragraph b.1 in the Items 

paragraphs of the List of Items 

Controlled section to read as follows: 

4D001 ‘‘Software’’as follows (see List of 

Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b.* * * 

b.1. ‘‘Digital computers’’ having an 

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

exceeding 0.25 Weighted TeraFLOPS (WT); 

* * * * * 

■ 31. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

4—Computers, ECCN 4D003 is removed. 

■ 32. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

4—Computers, ECCN 4D993 is amended 

by revising the Heading to read as 

follows: 

4D993 ‘‘Program’’ proof and validation 

‘‘software’’, ‘‘software’’ allowing the 

automatic generation of ‘‘source codes’’, 

and operating system ‘‘software’’ that are 

specially designed for real time 

processing equipment (see List of Items 

Controlled). 

* * * * * 

■ 33. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

4—Computers, ECCN 4E001 is amended 

by revising paragraph b.1. in the Items 

paragraphs of the List of Items 

Controlled section to read as follows: 

4E001 ‘‘Technology’’ as follows (see List of 

Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b.* * * 

b.1. ‘‘Digital computers’’ having an 

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

exceeding 0.25 Weighted TeraFLOPS (WT); 

* * * * * 

■ 34. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 5 

Telecommunications and ‘‘Information 

Security’’, Part I Telecommunications, is 

amended by: 

■ a. Revising Note 1 at the beginning of 

Category 5 Part I; and 

■ b. Adding a Nota bene (N.B.) after 

Note 1 at the beginning of Category 5 

Part I, to read as follows: 

Category 5—Telecommunications and 

‘‘Information Security’’ 

I. Telecommunications 

Notes: 1. The control status of components, 

test and ‘‘production’’ equipment, and 

‘‘software’’ therefor which are specially 

designed for telecommunications equipment 

or systems is determined in Category 5, Part 

1. 

N.B.: For ‘‘lasers’’ specially designed for 

telecommunications equipment or systems, 

see ECCN 6A005. 

* * * * * 

■ 35. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 5 

Telecommunications and ‘‘Information 

Security’’, Part I Telecommunications, 

ECCN 5A001 is amended by revising the 

License Exception section to read as 

follows: 

5A001 Telecommunications systems, 

equipment, components and accessories, 

as follows (see List of Items Controlled). 

* * * * * 

License Exceptions 

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

$5000 for 5A001b.1, b.2, b.3, b.6, d, f, g, 

and h; 

$3000 for 5A001.c. 

GBS: Yes, except 5A001.a, b.5, and e. 

CIV: Yes, except 5A001.a, b.3, b.5, and e. 

* * * * * 

■ 36. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 5 

Telecommunications and ‘‘Information 

Security’’, Part I Telecommunications, 

ECCN 5B001 is amended by removing 

and reserving paragraphs b.1 and b.3 in 

the Items paragraph of the List of Items 

Controlled section. 

■ 37. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 5 

Telecommunications and ‘‘Information 

Security’’, Part I Telecommunications, 

ECCN 5D001 is amended by revising 

paragraph d. in the Items paragraph of 

the List of Items Controlled section to 

read as follows: 

5D001 ‘‘Software’’ as follows (see List of 

Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

d. ‘‘Software’’ specially designed or 

modified for the ‘‘development’’ of any of the 

following telecommunication transmission or 

switching equipment: 

d.1. [Reserved] 

d.2. Equipment employing a ‘‘laser’’ and 

having any of the following: 

d.2.a. A transmission wavelength 

exceeding 1,750 nm; or 

d.2.b. Employing analog techniques and 

having a bandwidth exceeding 2.5 GHz; or 

Note: 5D001.d.2.b does not control 

‘‘software’’ specially designed or modified for 

the ‘‘development’’ of commercial TV 

systems. 

d.3. [Reserved] 

d.4. Radio equipment employing 

Quadrature-Amplitude-Modulation (QAM) 

techniques above level 256. 

■ 38. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 5 

Telecommunications and ‘‘Information 

Security’’, Part I Telecommunications, 

ECCN 5E001 is amended by revising 

paragraphs c.1 and c.3 in the Items 

paragraph of the List of Items Controlled 

section to read as follows: 

5E001 ‘‘Technology’’ as follows (see List of 

Items Controlled). 

* * * * * 


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List of Items Controlled 

* * * * * 

Items: 

* * * * * 

c. * * * 

c.1. Equipment employing digital 

techniques designed to operate at a ‘‘total 

digital transfer rate’’ exceeding 50 Gbit/s; 

Technical Note: For telecommunication 

switching equipment the ‘‘total digital 

transfer rate’’ is the unidirectional speed of a 

single interface, measured at the highest 

speed port or line. 

* * * * * 

c.3. Equipment employing ‘‘optical 

switching’’ and having a switching time less 

than 1 ms; or 

* * * * * 

■ 39. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors, ECCN 6A001 is amended by: 

■ a. Revising the LVS paragraph of the 

License Exceptions section; 

■ b. Revising paragraphs a.1.a and a.1.d 

in the Items paragraph of the List of 

Items Controlled section; and 

■ c. Adding paragraph a.1.e to the Items 

paragraph of the List of Items Controlled 

section, to read as follows: 

6A001 Acoustic systems, equipment and 

components, as follows (see List of Items 

Controlled). 

* * * * * 

License Exceptions 

LVS: $3000; N/A for 6A001.a.1.b.1 object 

detection and location systems having a 

transmitting frequency below 5 kHz or a 

sound pressure level exceeding 210 dB 

(reference 1 μPa at 1 m) for equipment with 

an operating frequency in the band from 30 

kHz to 2 kHz inclusive; 6A001.a.1.e, 

6A001.a.2.a.1, a.2.a.2, 6A001.a.2.a.3, 

a.2.a.5, a.2.a.6, 6A001.a.2.b; processing 

equipment controlled by 6A001.a.2.c, and 

specially designed for real time application 

with towed acoustic hydrophone arrays; 

a.2.e.1, a.2.e.2; and bottom or bay cable 

systems controlled by 6A001.a.2.f and 

having processing equipment specially 

designed for real time application with 

bottom or bay cable systems; $5,000: 

6A001.c. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. * * * 

a.1. * * * 

a.1.a. Bathymetric survey systems designed 

for sea bed topographic mapping and having 

all of the following: 

a.1.a.1. Designed to take measurements at 

an angle exceeding 20° from the vertical; 

a.1.a.2. Designed to measure seabed 

topography at seabed depths exceeding 600 

m; and 

a.1.a.3. Designed to provide any of the 

following: 

a.1.a.3.a. Incorporation of multiple beams 

any of which is less than 1.9°; or 

a.1.a.3.b. Data accuracies of better than 

0.3% of water depth across the swath 

averaged over the individual measurements 

within the swath; 

* * * * * 

a.1.d. Acoustic systems and equipment, 

designed to determine the position of surface 

vessels or underwater vehicles and having all 

of the following, and specially designed 

components therefor: 

a.1.d.1. Detection range exceeding 1,000 m; 

and 

a.1.d.2. Positioning accuracy of less than 

10 m rms (root mean square) when measured 

at a range of 1,000 m; 

Note: 6A001.a.1.d includes: 

a. Equipment using coherent ‘‘signal 

processing’’ between two or more beacons 

and the hydrophone unit carried by the 

surface vessel or underwater vehicle; 

b. Equipment capable of automatically 

correcting speed-of-sound propagation errors 

for calculation of a point. 

a.1.e. Active individual sonars, specially 

designed or modified to detect, locate and 

automatically classify swimmers or divers, 

having all of the following: 

a.1.e.1. Detection range exceeding 530 m; 

a.1.e.2. Positioning accuracy of less than 15 

m rms (root mean square) when measured at 

a range of 530 m; and 

a.1.e.3. Transmitted pulse signal 

bandwidth exceeding 3 kHz; 

N.B.: For diver detection systems specially 

designed or modified for military use, see the 

U.S. Munitions List in the International 

Traffic in Arms Regulations (ITAR) (22 CFR 

part 121). 

Note: For 6A001.a.1.e, where multiple 

detection ranges are specified for various 

environments, the greatest detection range is 

used. 

* * * * * 

■ 40. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors, ECCN 6A005 is amended by 

revising paragraph d.1 in the Items 

paragraph of the List of Items Controlled 

section, to read as follows: 

6A005 ‘‘Lasers’’ (other than those described 

in 0B001.g.5 or .h.6), components and 

optical equipment, as follows (see List of 

Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

d. * * * 

d.1. Semiconductor ‘‘lasers’’ as follows: 

Notes: 

1. 6A005.d.1 includes semiconductor 

‘‘lasers’’ having optical output connectors 

(e.g., fiber optic pigtails). 

2. The control status of semiconductor 

‘‘lasers’’ specially designed for other 

equipment is determined by the control 

status of the other equipment. 

d.1.a. Individual single-transverse mode 

semiconductor ‘‘lasers’’ having any of the 

following: 

d.1.a.1. Wavelength equal to or less than 

1,510 nm and average or CW output power, 

exceeding 1.5 W; or 

d.1.a.2. Wavelength greater than 1,510 nm 

and average or CW output power, exceeding 

500 mW; 

d.1.b. Individual, multiple-transverse mode 

semiconductor ‘‘lasers’’ having any of the 

following: 

d.1.b.1. Wavelength of less than 1,400 nm 

and average or CW output power, exceeding 

15 W; 

d.1.b.2. Wavelength equal to or greater than 

1,400 nm and less than 1,900 nm and average 

or CW output power, exceeding 2.5 W; or 

d.1.b.3. Wavelength equal to or greater than 

1,900 nm and average or CW output power, 

exceeding 1 W; 

d.1.c. Individual semiconductor ‘‘laser’’ 

‘bars’ having any of the following: 

d.1.c.1. Wavelength of less than 1,400 nm 

and average or CW output power, exceeding 

100 W; 

d.1.c.2. Wavelength equal to or greater than 

1,400 nm and less than 1,900 nm and average 

or CW output power, exceeding 25 W; or 

d.1.c.3. Wavelength equal to or greater than 

1,900 nm and average or CW output power, 

exceeding 10 W; 

d.1.d. Semiconductor ‘‘laser’’ ‘stacked 

arrays’ (two-dimensional arrays) having any 

of the following: 

d.1.d.1. Wavelength less than 1,400 nm 

and having any of the following: 

d.1.d.1.a. Average or CW total output 

power less than 3 kW and having average or 

CW output ’power density’ greater than 500 

W/cm2; 

d.1.d.1.b. Average or CW total output 

power equal to or exceeding 3 kW but less 

than or equal to 5 kW, and having average 

or CW output ‘power density’ greater than 

350W/cm2; 

d.1.d.1.c. Average or CW total output 

power exceeding 5 kW; 

d.1.d.1.d. Peak pulsed ‘power density’ 

exceeding 2,500 W/cm2; or 

d.1.d.1.e. Spatially coherent average or CW 

total output power, greater than 150 W; 

d.1.d.2. Wavelength greater than or equal 

to 1,400 nm but less than 1,900 nm, and 

having any of the following: 

d.1.d.2.a. Average or CW total output 

power less than 250 W and average or CW 

output ‘power density’ greater than 150 W/ 

cm2; 

d.1.d.2.b. Average or CW total output 

power equal to or exceeding 250 W but less 

than or equal to 500 W, and having average 

or CW output ‘power density’ greater than 

50W/cm2; 

d.1.d.2.c. Average or CW total output 

power exceeding 500 W; 

d.1.d.2.d. Peak pulsed ‘power density’ 

exceeding 500 W/cm2; or 

d.1.d.2.e. Spatially coherent average or CW 

total output power, exceeding 15 W; 

d.1.d.3. Wavelength greater than or equal 

to 1,900 nm and having any of the following: 

d.1.d.3.a. Average or CW output ‘power 

density’ greater than 50 W/cm2; 

d.1.d.3.b. Average or CW output power 

greater than 10 W; or 

d.1.d.3.c. Spatially coherent average or CW 

total output power, exceeding 1.5 W; or 

d.1.d.4. At least one ‘‘laser’’ ‘bar’ specified 

by 6A005.d.1.c; 


wwoods2 on DSK1DXX6B1PROD with RULES
Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Rules and Regulations 54283 

Technical Note: For the purposes of 

6A005.d.1.d, ‘power density’ means the total 

‘‘laser’’ output power divided by the emitter 

surface area of the ‘stacked array’. 

d.1.e. Semiconductor ‘‘laser’’ ‘stacked 

arrays’, other than those specified by 

6.A.5.d.1.d., having all of the following: 

d.1.e.1. Specially designed or modified to 

be combined with other ‘stacked arrays’ to 

form a larger ‘stacked array’; and 

d.1.e.2. Integrated connections, common 

for both electronics and cooling; 

Note 1: ‘Stacked arrays’, formed by 

combining semiconductor ‘‘laser’’ ‘stacked 

arrays’ specified by 6A005.d.1.e, that are not 

designed to be further combined or modified 

are specified by 6A005.d.1.d. 

Note 2: ‘Stacked arrays’, formed by 

combining semiconductor ‘‘laser’’ ‘stacked 

arrays’ specified by 6A005.d.1.e, that are 

designed to be further combined or modified 

are specified by 6A005.d.1.e. 

Note 3: 6A005.d.1.e does not apply to 

modular assemblies of single ‘bars’ designed 

to be fabricated into end-to-end stacked 

linear arrays. 

Technical Notes: 1. Semiconductor ‘‘lasers’’ 

are commonly called ‘‘laser’’ diodes. 

2. A ‘bar’ (also called a semiconductor 

‘‘laser’’ ‘bar’, a ‘‘laser’’ diode ‘bar’ or diode 

‘bar’) consists of multiple semiconductor 

‘‘lasers’’ in a one-dimensional array. 

3. A ‘stacked array’ consists of multiple 

‘bars’ forming a two-dimensional array of 

semiconductor ‘‘lasers’’. 

* * * * * 

■ 41. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors, ECCN 6A008 is amended by 

revising the Note at the beginning of the 

Items paragraph, and adding paragraphs 

c. through l. in the Items paragraph of 

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 antennae. 

* * * * * 

c. Capable of operating simultaneously on 

more than two carrier frequencies; 

d. Capable of operating in synthetic 

aperture (SAR), inverse synthetic aperture 

(ISAR) radar mode, or sidelooking airborne 

(SLAR) radar mode; 

e. Incorporating electronically steerable 

array antennae; 

f. Capable of heightfinding non-cooperative 

targets; 

Note: 6A008.f does not control precision 

approach radar (PAR) equipment conforming 

to ICAO standards. 

g. Specially designed for airborne (balloon 

or airframe mounted) operation and having 

Doppler ‘‘signal processing’’ for the detection 

of moving targets; 

h. Employing processing of radar signals 

and using any of the following: 

h.1. ‘‘Radar spread spectrum’’ techniques; 

or 

h.2. ‘‘Radar frequency agility’’ techniques; 

i. Providing ground-based operation with a 

maximum ‘‘instrumented range’’ exceeding 

185 km; 

Note: 6A008.i does not control: 

a. Fishing ground surveillance radar; 

b. Ground radar equipment specially 

designed for en route air traffic control, and 

having all of the following: 

1. A maximum ‘‘instrumented range’’ of 500 

km or less; 

2. Configured so that radar target data can 

be transmitted only one way from the radar 

site to one or more civil ATC centers; 

3. Contains no provisions for remote 

control of the radar scan rate from the en 

route ATC center; and 

4. Permanently installed; 

c. Weather balloon tracking radars. 

j. Being ‘‘laser’’ radar or Light Detection and 

Ranging (LIDAR) equipment and having any 

of the following: 

j.1. ‘‘Space-qualified’’; 

j.2. Employing coherent heterodyne or 

homodyne detection techniques and having 

an angular resolution of less (better) than 20 

μrad (microradians); or 

j.3. Designed for carrying out airborne 

bathymetric littoral surveys to International 

Hydrographic Organization (IHO) Order 1a 

Standard (5th Edition February 2008) for 

Hydrographic Surveys or better, and using 

one or more lasers with a wavelength 

exceeding 400 nm but not exceeding 600 nm; 

Note 1: LIDAR equipment specially 

designed for surveying is only specified by 

6A008.j.3. 

Note 2: 6A008.j does not apply to LIDAR 

equipment specially designed for 

meteorological observation. 

Note 3: Parameters in the IHO Order 1a 

Standard 5th Edition February 2008 are 

summarized as follows: 

Horizontal Accuracy (95% Confidence 

Level) = 5 m + 5% of depth. 

Depth Accuracy for Reduced Depths (95% 

Confidence Level) = ±√(a2+(b*d)2) where: 

a = 0.5 m = constant depth error, i.e. the sum 

of all constant depth errors 

b = 0.013 = factor of depth dependant error 

b*d = depth dependant error, i.e. the sum of 

all depth dependant errors 

d = depth 

Feature Detection = Cubic features > 2 m in 

depths up to 40 m; 10% of depth beyond 

40 m. 

k. Having ‘‘signal processing’’ sub-systems 

using ‘‘pulse compression’’ and having any of 

the following: 

k.1. A ‘‘pulse compression’’ ratio exceeding 

150; or 

k.2. A pulse width of less than 200 ns; or 

l. Having data processing sub-systems and 

having any of the following: 

l.1. ‘‘Automatic target tracking’’ providing, 

at any antenna rotation, the predicted target 

position beyond the time of the next antenna 

beam passage; 

Note: 6A008.l.1 does not control conflict 

alert capability in ATC systems, or marine or 

harbor radar. 

l.2. Calculation of target velocity from 

primary radar having non-periodic (variable) 

scanning rates; 

l.3. Processing for automatic pattern 

recognition (feature extraction) and 

comparison with target characteristic data 

bases (waveforms or imagery) to identify or 

classify targets; or 

l.4. Superposition and correlation, or 

fusion, of target data in real time from two 

or more ‘‘geographically dispersed’’ radar 

sensors to improve the aggregate performance 

beyond that of any single sensor. 

Note: 6A008.l.4 does not control systems, 

equipment and assemblies designed for 

marine traffic control. 

■ 42. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors, ECCN 6C004 is amended by 

revising paragraph b. and the 

introductory text to paragraph e. in the 

Items paragraph of the List of Items 

Controlled section, to read as follows: 

6C004 Optical materials as follows (see List 

of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. Boules of any of the following electrooptic materials: 

b.1. Potassium titanyl arsenate (KTA) (CAS 

59400–80–5); 

b.2. Silver gallium selenide (AgGaSe2) 

(CAS 12002–67–4); or 

b.3. Thallium arsenic selenide (Tl3AsSe3, 

also known as TAS) (CAS 16142–89–5); 

* * * * * 

e. Glass, including fused silica, phosphate 

glass, fluorophosphate glass, zirconium 

fluoride (ZrF4) (CAS 7783–64–4) and 

hafnium fluoride (HfF4) (CAS 13709–52–9) 

and having all of the following: 

* * * * * 

■ 43. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors, ECCN 6D003 is amended by 

adding paragraph a.5 and revising 

paragraph h.1 in the Items paragraph of 

the List of Items Controlled section, to 

read as follows: 

6D003 Other ‘‘software’’ as follows (see List 

of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 


wwoods2 on DSK1DXX6B1PROD with RULES
54284 Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Rules and Regulations 

Items: 

ACOUSTICS 

a. * * * 

a.5. ‘‘Software’’ or ‘‘source code’’, specially 

designed for all of the following: 

a.5.a. ‘‘Real time processing’’ of acoustic 

data from sonar systems controlled by 

6A001.a.1.e; and 

a.5.b. Automatically detecting, classifying 

and determining the location of divers or 

swimmers; 

N.B.: For diver detection ‘‘software’’ or 

‘‘source code’’, specially designed or modified 

for military use, see the U.S. Munitions List 

of the International Traffic in Arms 

Regulations (ITAR) (22 CFR part 121). 

* * * * * 

RADAR 

h. * * * 

h.1. Air Traffic Control (ATC) ‘‘software’’ 

application ‘‘programs’’ hosted on general 

purpose computers located at Air Traffic 

Control centers and capable of accepting 

radar target data from more than four primary 

radars; 

* * * * * 

■ 44. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 7 

Navigation and Avionics, ECCN 7A005 

is amended by revising the Heading and 

adding License Requirements and List 

of Items Controlled sections, to read as 

follows: 

7A005 Global Navigation Satellite Systems 

(GNSS) receiving equipment having any 

of the following and specially designed 

components therefor. 

License Requirements 

These items are subject to the export 

licensing authority of the U.S. Department of 

State, Directorate of Defense Trade Controls. 

See 22 CFR part 121. 

List of Items Controlled 

Unit: N/A 

Related Controls: See also 7A105 and 

7A994. For equipment specially designed for 

military use, see Categories XI and XV of the 

U.S. Munitions List (22 CFR 121). 

Related Definitions: N/A 

Items: 

a. Employing a decryption algorithm 

specially designed or modified for 

government use to access the ranging code 

for position and time; or 

b. Employing ‘adaptive antenna systems’. 

Note: 7A005.b does not apply to GNSS 

receiving equipment that only uses 

components designed to filter, switch, or 

combine signals from multiple omnidirectional antennae that do not implement 

adaptive antenna techniques. 

Technical Note: For the purposes of 

7A005.b ‘adaptive antenna systems’ 

dynamically generate one or more spatial 

nulls in an antenna array pattern by signal 

processing in the time domain or frequency 

domain. 

■ 45. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 7 

Navigation and Avionics, ECCN 7B001 

is amended by revising paragraph (2) in 

the Related Definitions paragraph of the 

List of Items Controlled section to read 

as follows: 

7B001 Test, calibration or alignment 

equipment, specially designed for 

equipment controlled by 7A (except 

7A994). 

* * * * * 

List of Items Controlled 

* * * * * 

Related Definition: * * * 

(2) ‘Maintenance Level II’: The defective 

LRU is sent to the maintenance workshop 

(the manufacturer’s or that of the operator 

responsible for level II maintenance). At the 

maintenance workshop, the malfunctioning 

LRU is tested by various appropriate means 

to verify and localize the defective Shop 

Replaceable Assembly (SRA) module 

responsible for the failure. This SRA is 

removed and replaced by an operative spare. 

The defective SRA (or possibly the complete 

LRU) is then shipped to the manufacturer. 

‘Maintenance Level II’ does not include the 

disassembly or repair of controlled 

accelerometers or gyro sensors. 

* * * * * 

■ 46. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 7 

Navigation and Avionics, ECCN 7D003 

is amended by revising paragraph b.2 in 

the Items paragraph of the List of Items 

Controlled to read as follows: 

7D003 Other ‘‘software’’ as follows (see List 

of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. * * * 

b.2. Global Navigation Satellite Systems 

(GNSS) reference data; or 

* * * * * 

■ 47. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 7 

Navigation and Avionics, ECCN 7E004 

is amended by revising paragraph b.6 in 

the Items paragraph of the List of Items 

Controlled to read as follows: 

7E004 Other ‘‘technology’’ as follows (see 

List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. * * * 

b.6. Full authority digital flight control or 

multisensor mission management systems, 

employing ‘‘expert systems’’; 

N.B.: For ‘‘technology’’ for ‘‘Full Authority 

Digital Engine Control Systems’’ (‘‘FADEC 

Systems’’), see ECCN 9E003.h. 

* * * * * 

■ 48. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 9, 

Aerospace and Propulsion, ECCN 9A001 

is amended by revising the Heading and 

introductory text of paragraph a. in the 

Items paragraph of the List of Items 

Controlled section to read as follows: 

9A001 Aero gas turbine engines having any 

of the following (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. Incorporating any of the technologies 

controlled by .a or .h; or 

* * * * * 

■ 49. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 9, 

Aerospace and Propulsion, ECCN 9A003 

is amended by revising the Heading to 

read as follows: 

9A003 Specially designed assemblies and 

components, incorporating any of the 

‘‘technologies’’ controlled by 9E003.a or 

9E003.h, for gas turbine engine 

propulsion systems having any of the 

following (see List of Items Controlled). 

* * * * * 

■ 50. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 9, 

Aerospace and Propulsion, ECCN 9B002 

is amended by revising the Heading to 

read as follows: 

9B002 On-line (real time) control systems, 

instrumentation (including sensors) or 

automated data acquisition and 

processing equipment, specially 

designed for the ‘‘development’’ of gas 

turbine engines, assemblies or 

components incorporating 

‘‘technologies’’ controlled by 9E003.a or 

9E003.h. 

* * * * * 

■ 51. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 9, 

Aerospace and Propulsion, ECCN 9D003 

is amended by revising the Heading, the 

License Requirements section and 

paragraph b. in the Items paragraph of 

the License Requirements section to 

read as follows: 

9D003 ‘‘Software’’ specially designed or 

modified for the ‘‘use’’ of ‘‘Full Authority 

Digital Electronic Engine Control 

Systems’’ (‘‘FADEC Systems’’) for 

propulsion systems controlled by 9A 

(except 9A018, 9A990 or 9A991) or 

equipment controlled by 9B (except 

9B990 or 9B991), as follows (see List of 

Items Controlled). 

License Requirements 

Reason for Control: NS, MT, AT 


wwoods2 on DSK1DXX6B1PROD with RULES
Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / Rules and Regulations 54285 

Control(s) Country chart 

NS applies to ‘‘software’’ NS Column 

1 for ‘‘use’’ of 

‘‘FADEC systems’’ 

for equipment controlled by 9A001 to 

9A003.

AT applies to entire 

entry AT Column 1. 

MT applies to ‘‘software’’ MT Column 

1 required for the 

‘‘use’’ of ‘‘FADEC 

systems’’ for gas 

turbine engines 

controlled by 

9A101, or 9A106. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. Fault-tolerant ‘‘software’’ used in 

‘‘FADEC systems’’ for propulsion systems and 

associated test facilities. 

■ 52. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 9, 

Aerospace and Propulsion, ECCN 9E003 

is amended by: 

■ a. Revising the SI paragraph in the 

License Requirements section; 

■ b. Removing and reserving paragraph 

a.9, and adding a note after the reserved 

a.9 in the Items paragraph of the List of 

Items Controlled section; and 

■ c. Redesignating paragraph h. as i. and 

adding a new paragraph h. in the Items 

paragraph of the List of Items 

Controlled; and 

■ d. Revising newly redesignated 

paragraph i. in the Items paragraph of 

the List of Items Controlled section to 

read as follows: 

9E003 Other ‘‘technology’’ as follows (see 

List of Items Controlled). 

* * * * * 

SI applies to 9E003.a.1 through a.8, a.10, .h 

and .i. See § 742.14 of the EAR for additional 

information. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. * * * 

a.9. [Reserved] 

N.B.: For ‘‘FADEC systems’’, see 9E003.h. 

* * * * * 

h. ‘‘Technology’’ for gas turbine engine 

‘‘FADEC systems’’ as follows: 

h.1. ‘‘Development’’ ‘‘technology’’ for 

deriving the functional requirements for the 

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 

components unique to the ‘‘FADEC system’’ 

and used to regulate engine thrust or shaft 

power; 

h.3. ‘‘Development’’ ‘‘technology’’ for the 

control law algorithms, including ‘‘source 

code’’, unique to the ‘‘FADEC system’’ and 

used to regulate engine thrust or shaft power. 

Note: 9E003.h does not apply to technical 

data related to engine-aircraft integration 

required by the civil aviation certification 

authorities to be published for general airline 

use (e.g., installation manuals, operating 

instructions, instructions for continued 

airworthiness) or interface functions (e.g., 

input/output processing, airframe thrust or 

shaft power demand). 

i. ‘‘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 and components 

of civil derivatives of military engines 

controlled on the U.S. Munitions List. 

Dated: August 26, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–21688 Filed 9–3–10; 8:45 am] 

BILLING CODE 3510–33–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 416 

[Docket No. SSA–2009–0017] 

RIN 0960–AD78 

Improvements to the Supplemental 

Security Income Program—Heroes 

Earnings Assistance and Relief Tax 

Act of 2008 (HEART Act) 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: We are revising our 

regulations to incorporate 

improvements to the Supplemental 

Security Income (SSI) program made by 

the HEART Act. The HEART Act 

changes the way we treat certain cash 

payments to members of the uniformed 

services and veterans and the way we 

treat cash and in-kind payments to 

AmeriCorps volunteers. In addition, we 

are making a technical change to our 

rules to reflect the correct section of the 

Internal Revenue Code. 

DATES: These final rules are effective 

September 7, 2010. 

FOR FURTHER INFORMATION CONTACT: Eric 

Skidmore, Office of Income Security 

Programs, Social Security 

Administration, 6401 Security 

Boulevard, Baltimore, MD 21235–6401, 

(410) 597–1833. For information on 

eligibility or filing for benefits, call our 

national toll-free number, 1–800–772– 

1213 or TTY 1–800–325–0778, or visit 

our Internet site, Social Security Online, 

at http://www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Version 

The electronic file of this document is 

available on the date of publication in 

the Federal Register at http:// 

www.gpoaccess.gov/fr/index.html. 

Background 

We are revising our regulations to 

incorporate changes to the SSI program 

made by sections 201–203 of the 

HEART Act, Public Law 110–245. The 

HEART Act amended the SSI program 

with respect to SSI benefits payable on 

or after September 1, 2008 by: 

• Treating certain cash payments to 

members of the uniformed services as 

earned income, generally providing a 

higher SSI benefit (section 201(a) of the 

HEART Act); 

• Excluding from countable income 

and resources certain annuity payments 

paid by a State (section 202 of the 

HEART Act); and, 

• Excluding any cash or in-kind 

benefit provided by AmeriCorps State 

and National and AmeriCorps National 

Civilian Community Corps (NCCC) from 

countable income for SSI eligibility and 

benefit determinations (section 203 of 

the HEART Act). 

The primary goal of the SSI program 

is to ensure a minimum level of income 

to persons who are aged 65 or older, 

blind, or disabled and who have limited 

income and resources. The law provides 

that SSI payments can be made only to 

persons who have income and resources 

below specified amounts. Therefore, 

income and resources are major factors 

in deciding SSI eligibility and the 

amount of any SSI payments. 

The HEART Act changes the way we 

apply our earned income, unearned 

income, and resource exclusion rules to 

uniformed services personnel, veterans 

and their spouses, and AmeriCorps 

participants. Under the HEART Act, 

some payments that we previously 

counted as unearned income now count 

as earned income, and some payments 

are excluded altogether for purposes of 

SSI eligibility and benefit 

determinations. Since the changes made 

by the HEART Act were effective with 

respect to SSI benefits payable 

beginning on or after September 1, 2008, 

we have already updated our 

operational instructions. We also need 

to update our rules in order to reflect 

these statutory changes. 

Explanation of Changes 

We are amending sections 416.1110, 

416.1112, 416.1124, 416.1130(b), and 

416.1210 of our rules to reflect the 

changes mandated by sections 201, 202, 

and 203 of the HEART Act. In addition, 

we are making a technical change to 


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