Vol. 79 Thursday, 

No. 152 August 7, 2014 

Part II 

Department of Commerce 

Bureau of Industry and Security 

15 CFR Parts 738, 740, 742, et al. 

Implementation of Understandings Reached at the 2005, 2012, and 2013 

Nuclear Suppliers Group (NSG) Plenary Meetings and a 2009 NSG 

Intersessional Decision; Additions to the List of NSG Participating 

Countries; Final Rule 


emcdonald on DSK67QTVN1PROD with RULES2
46316 Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 738, 740, 742, 744, 772, 

and 774 

[Docket No. 090130094–3271–01] 

RIN 0694–AD58 

Implementation of Understandings 

Reached at the 2005, 2012, and 2013 

Nuclear Suppliers Group (NSG) 

Plenary Meetings and a 2009 NSG 

Intersessional Decision; Additions to 

the List of NSG Participating Countries 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is publishing this final 

rule to amend the Export 

Administration Regulations (EAR) to 

implement the understandings reached 

at the 2005 Nuclear Suppliers Group 

(NSG) Plenary meeting held in Oslo, 

Norway; the 2012 NSG Plenary meeting 

held in Seattle, Washington; and the 

2013 NSG Plenary meeting held in 

Prague, Czech Republic. This rule also 

implements a decision adopted under 

the NSG intersessional silent approval 

procedures in December 2009. 

Accordingly, this rule amends certain 

entries in Category 1 (‘‘Special Materials 

and Related Equipment’’), Category 2 

(‘‘Materials Processing’’), Category 3 

(‘‘Electronics’’), and Category 6 

(‘‘Sensors and Lasers’’) of the Commerce 

Control List (CCL) to reflect changes in 

the Annex to the NSG ‘‘Guidelines for 

the Transfer of Nuclear-Related DualUse Equipment, Materials, Software and 

Related Technology’’ (the NSG Annex) 

based on the understandings reached at 

the 2005, 2012, and 2013 NSG Plenary 

meetings and the aforementioned 2009 

NSG intersessional decision. Consistent 

with the 2005 NSG understandings, this 

rule also amends the export licensing 

policies in the EAR that apply to items 

that require a license for nuclear 

nonproliferation (NP) reasons, or as a 

result of certain nuclear end-users or 

end-uses, by adding an additional factor 

that must be considered by BIS when it 

reviews license applications involving 

such items, end-users, and/or end-uses. 

The 2012 and 2013 NSG Plenary 

understandings are a continuation of the 

fundamental review of the NSG control 

lists that was launched at the 2010 NSG 

Plenary meeting in Christchurch, New 

Zealand. 

Finally, this rule amends the EAR to 

reflect the status of Croatia, Estonia, 

Iceland, Lithuania, Malta, Mexico, and 

Serbia as participating countries in the 

NSG, first, by adding these countries to 

the list of participating countries in the 

definition of ‘‘Nuclear Suppliers Group’’ 

and to Country Group A:4 (Nuclear 

Suppliers Group countries) and, second, 

by removing the license requirements 

for exports and reexports to these 

countries of certain items controlled for 

nuclear nonproliferation (NP) reasons. 

DATES: This rule is effective August 7, 

2014. 

ADDRESSES: Send comments regarding 

this collection of information, including 

suggestions for reducing the burden, to 

Jasmeet Seehra, Office of Management 

and Budget (OMB), by email to Jasmeet_

K._Seehra@omb.eop.gov, or by fax to 

(202) 395–7285; and to the Regulatory 

Policy Division, Bureau of Industry and 

Security, Department of Commerce, 

14th Street & Pennsylvania Avenue 

NW., Room 2705, Washington, DC 

20230. 

FOR FURTHER INFORMATION CONTACT: 

Steven Clagett, Director, Nuclear and 

Missile Technology Controls Division, 

Office of Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, Telephone: (202) 482–3550. 

SUPPLEMENTARY INFORMATION: 

Background 

The Bureau of Industry and Security 

(BIS) is amending the Export 

Administration Regulations (EAR) as 

follows: (1) To reflect the 

understandings reached at the NSG 

Plenary meeting held in Oslo, Norway, 

on June 23–24, 2005, the NSG Plenary 

meeting held in Seattle, Washington, on 

June 18–22, 2012, and the NSG Plenary 

meeting held in Prague, Czech Republic, 

on June 13–14, 2013; (2) to implement 

a 2009 NSG intersessional decision; (3) 

to reflect the addition of several 

participating governments to the 

Nuclear Suppliers Group (NSG); and (4) 

to make corrections to certain nuclearrelated entries on the CCL. The NSG is 

a multilateral export control forum that 

currently consists of 48 participating 

countries. The NSG maintains a list of 

dual-use items that could be used for 

nuclear proliferation activities. The list 

is maintained in the Annex to the NSG’s 

‘‘Guidelines for Transfers of Nuclear 

Related Dual-Use Equipment, Materials, 

Software, and Related Technology’’ 

(hereinafter the ‘‘NSG Annex’’). NSG 

participating countries share a 

commitment to prevent nuclear 

proliferation and the development of 

nuclear-related weapons of mass 

destruction. In furtherance of that 

commitment, they have agreed to 

impose export controls on listed items. 

The NSG Guidelines and the Annex 

thereto are designed to ensure that 

nuclear trade for peaceful purposes does 

not contribute to the proliferation of 

nuclear weapons or related proliferation 

activities. 

Updates To Reflect Additional 

Participating Governments to the NSG 

At the NSG Plenary meeting held in 

Go ̈teborg, Sweden, on May 27–28, 2004, 

Estonia, Lithuania, Malta, and the 

People’s Republic of China were 

approved as new participating 

governments to the NSG. Croatia was 

approved as a new NSG participating 

government at the aforementioned 2005 

NSG Plenary meeting and Iceland was 

approved as a new NSG participating 

government at the NSG Plenary meeting 

held in Budapest, Hungary, on June 11– 

12, 2009. Most recently, Mexico was 

approved as a new NSG participating 

government during the intersessional 

period following the NSG Plenary 

meeting held in Seattle, Washington, on 

June 18–22, 2012, and Serbia was 

approved in April 2013, following 

consultations with its government. 

To reflect the status of these countries 

as participating governments in the 

NSG, this final rule amends the EAR by 

adding all eight countries to the 

definition of ‘‘Nuclear Suppliers Group’’ 

in Section 772.1 of the EAR. This rule 

also amends Supplement No. 1 to part 

740 of the EAR by adding all of these 

countries, except the People’s Republic 

of China, to Country Group A:4 (Nuclear 

Suppliers Group). In addition, this rule 

amends the Commerce Country Chart 

(Supplement No. 1 to Part 738 of the 

EAR) by revising certain license 

requirements that apply to these 

countries to be consistent with those 

that apply to other participating 

governments in the NSG. Specifically, 

this rule removes certain nuclear 

nonproliferation (NP) license 

requirements for all of these countries, 

except the People’s Republic of China. 

As a result of the changes made by this 

rule, Croatia, Estonia, Iceland, 

Lithuania, Malta, Mexico, and Serbia are 

no longer designated as NP Column 1 

destinations on the Commerce Country 

Chart. 

Consistent with the changes described 

above, this rule amends Section 

742.3(a)(1) of the EAR to clarify that 

exports and reexports of items on the 

Commerce Control List (CCL) 

(Supplement No. 1 to Part 774 of the 

EAR) that are controlled for nuclear 

nonproliferation reasons to destinations 

indicated under NP Column 1 on the 

Commerce Country Chart do not require 

a license, based on this reason for 

control, to those NSG member countries 

that are listed under Country Group A:4 


emcdonald on DSK67QTVN1PROD with RULES2
Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 46317 

in Supplement No. 1 to part 740 of the 

EAR. With the addition of Croatia, 

Estonia, Iceland, Lithuania, Malta, 

Mexico, and Serbia, all of the countries 

whose governments participate in the 

NSG, except the People’s Republic of 

China, are now listed in Country Group 

A:4. 

2005 NSG Plenary Changes 

At the 2005 NSG Plenary meeting, the 

participating governments agreed to the 

addition of another factor for reviewing 

license applications to export items 

listed on the NSG Annex. This new 

factor is intended to address exports to 

countries that experience a significant 

number of export transactions in the 

form of transshipments. Specifically, the 

participating governments agreed to 

consider whether the country receiving 

an export has in place sufficient export 

controls to prevent an unacceptable risk 

of diversion or transfer to a nuclear 

proliferation activity. This final rule 

implements this NSG agreement by 

amending the nuclear nonproliferation 

licensing policies in Section 742.3(b)(1) 

of the EAR to add a new paragraph 

(b)(1)(ix), which includes the new NSG 

licensing factor, and to make editorial 

conforming changes in paragraphs 

(b)(1)(vii) and (b)(1)(viii)(F). In addition, 

this rule amends the nuclear end-user/ 

end-use licensing review standards in 

Section 744.2(d) of the EAR by adding 

a new paragraph (d)(9), which includes 

the new NSG licensing factor, and by 

making editorial conforming changes in 

paragraphs (d)(7) and (d)(8)(vi). 

NSG participating governments also 

agreed at the 2005 Plenary meeting to 

revise the NSG Annex to clarify that it 

includes in section 1.B.2.b and .c, 

respectively, machine tools for milling 

and grinding that have five or more 

axes, which can be coordinated 

simultaneously for ‘‘contouring 

control.’’ This rule amends ECCN 2B201 

to implement this NSG clarification by 

revising the ‘‘List of Items Controlled’’ 

in the ECCN to specifically identify 5- 

axis machine tools for milling and 

grinding under new paragraphs .b.3 and 

.c.3, respectively. Prior to the 

publication of this rule, ECCN 2B201 

stated that it controlled milling and 

grinding machines with ‘‘two or more’’ 

axes, but did not specifically identify 

the 5-axis machine tools for milling and 

grinding that are controlled under this 

ECCN. The addition of language to 

ECCN 2B201 that specifically identifies 

certain 5-axis machine tools for grinding 

and milling is intended to clarify the 

control parameters for this ECCN. This 

change does not expand the scope of 

these controls. Note that the positioning 

accuracy values identified in ECCN 

2B201.a, .b, and .c are different from 

those stated in 1.B.2.a, .b, & .c on the 

NSG Annex, because the former are 

based on ISO 230/2 (2006), instead of 

ISO 230/2 (1988), which is still being 

used by the NSG. BIS adjusted the 

positioning accuracy values identified 

in ECCN 2B201.a, .b, and .c to ensure 

that there would be no discrepancy 

between the scope of the controls 

described in ECCN 2B201 and the 

corresponding controls indicated in 

1.B.2.a, .b, & .c on the NSG Annex. 

Specifically, in 2B201.a and .b.1, this 

results in an adjustment from 6 mm to 

4.5 mm. In paragraph .b of the Note to 

2B201.b, the resulting adjustment is 

from 30 mm to 22.5 mm. In 2B201.c, the 

resulting adjustment is from 4 mm to 3 

mm. ECCN 2B201 was updated to reflect 

ISO 230/2 (2006), consistent with the 

standard used in ECCN 2B001, by the 

rule (77 FR 39354, July 2, 2012) that 

implemented the agreements made at 

the 2011 Wassenaar Arrangement (WA) 

Plenary. 

This rule also adds a new Note under 

ECCN 2B201, at the beginning of the 

‘‘List of Items Controlled,’’ to indicate 

that this ECCN does not control special 

purpose machine tools limited to the 

manufacture of gears, crankshafts or 

cam shafts, tools or cutters, and extruder 

worms. In addition, this rule adds a 

Technical Note, at the end of the ECCN, 

to clarify that 2B201.b.3 and 2B201.c.3 

include machines based on a parallel 

linear kinematic design (e.g. hexapods) 

that have 5 or more axes, none of which 

are rotary axes. 

2009 NSG Intersessional Changes 

This rule amends ECCN 2B206 to 

conform with the changes that the NSG 

made to the entry 1.B.3.a on the NSG 

Annex as a result of a decision that was 

adopted under the NSG intersessional 

silent approval procedures in December 

2009. Specifically, this rule amends the 

heading of 2B206.a to refer to the more 

inclusive term ‘‘coordinate measuring 

machines (CMM),’’ instead of 

‘‘dimensional inspection machines,’’ 

and revises 2B206.a.2 by updating the 

international standard referenced 

therein to read ‘‘ISO 10360–2 (2009).’’ 

However, the NSG revisions to 1.B.3.a, 

which are reflected in the amended text 

of 2B206.a.2, retain a one-dimensional 

length measurement error parameter 

and the same value for that error 

parameter for establishing the export 

control threshold. 

2012 NSG Plenary Changes 

At the 2012 NSG Plenary meeting, the 

participating governments agreed to 

modify controls on a number of items 

identified in the NSG Annex. Consistent 

with the 2012 plenary changes to 

section 3.B.4.a.3 of the NSG Annex, this 

rule revises ECCN 1B201.a.3 to control 

filament winding machines that, in 

addition to the characteristics described 

in 1B201.a.1 and .a.2, are capable of 

winding cylindrical tubes with an 

internal diameter between 75 mm and 

650 mm and lengths of 300 mm or 

greater. Prior to the publication of this 

rule, ECCN 1B201.a.3 stated that 

controls applied to filament winding 

machines capable of winding 

cylindrical rotors of diameter between 

75 mm (3 in.) and 400 mm (16 in.) and 

lengths of 600 mm (24 in.) or greater. 

To reflect the removal of section 4.B.3 

(ammonia synthesis converters or 

synthesis units) from the NSG Annex, 

this rule amends the CCL to remove 

ECCN 1B227, which listed these items 

prior to the publication of this rule. This 

rule also makes related conforming 

changes to the CCL by amending the 

control language for NP Column 1 in the 

License Requirements section of ECCN 

1E001 (‘‘development’’ and 

‘‘production’’ ‘‘technology’’) and the 

heading of ECCN 1E201 (‘‘use’’ 

‘‘technology’’) to reflect the removal of 

ECCN 1B227 from the CCL. Ammonia 

synthesis converters or synthesis units 

that are ‘‘specially designed’’ or 

prepared for heavy water production, 

utilizing the ammonia-hydrogen 

exchange process, are included on the 

NSG Trigger List under section 2.6 

(Plants for the production or 

concentration of heavy water, deuterium 

and deuterium compounds and 

‘‘specially designed’’ or prepared 

equipment therefor) and are specifically 

identified in Annex B (Clarification of 

Items on the Trigger List) under section 

6.6. Such items are subject to the export 

licensing authority of the Nuclear 

Regulatory Commission (see 10 CFR 

part 110 and Appendix K to part 110). 

Consistent with the 2012 NSG Plenary 

changes to section 2.B.2 in the NSG 

Annex, this rule amends ECCN 1B233.b 

to revise the controls on lithium isotope 

separation equipment. Specifically, 

ECCN 1B233.b is amended to specify 

that it controls lithium isotope 

separation equipment based on the 

lithium-mercury amalgam process. 

ECCN 1B233 also is amended by adding 

controls, under new paragraphs .c and 

.d, on ion exchange systems and 

chemical exchange systems, 

respectively, that are ‘‘specially 

designed’’ for lithium isotope separation 

and on ‘‘specially designed’’ parts for 

such systems. BIS has export licensing 

jurisdiction over the equipment and 

systems described in ECCN 1B233.b, .c, 

or .d, but the facilities and plants 

described in ECCN 1B233.a are subject 


emcdonald on DSK67QTVN1PROD with RULES2
46318 Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 

to the export licensing authority of the 

Nuclear Regulatory Commission (see 10 

CFR part 110). However, certain lithium 

isotope separation equipment and 

components for the plasma separation 

process (PSP) that are described in 

1B233.b through .d are also directly 

applicable to uranium isotope 

separation and are subject to the export 

licensing authority of the Nuclear 

Regulatory Commission. This rule 

amends the Related Controls paragraph 

in the List of Items Controlled by ECCN 

1B233 to include a statement to this 

effect. 

In addition, this rule amends ECCN 

1C216 to reflect a change to the controls 

on maraging steel described in section 

2.C.11 of the NSG Annex. Specifically, 

ECCN 1C216 is amended to control 

maraging steel capable of an ultimate 

tensile strength of 1,950 MPa or more at 

293 K (20 °C). Prior to the publication 

of this rule, ECCN 1C216 controlled 

maraging steel capable of an ultimate 

tensile strength of 2,050 MPa or more at 

293 K (20 °C). 

This rule also amends ECCN 2B230 to 

reflect the 2012 NSG plenary changes to 

section 3.A.7 (Pressure transducers) on 

the NSG Annex. Specifically, the 

heading of ECCN 2B230 is amended to 

indicate that this entry controls all types 

of pressure transducers that are capable 

of measuring absolute pressures and 

have all of the characteristics identified 

in 2B230.a through .c. Paragraph .a of 

ECCN 2B230 is amended to add 

pressure sensing elements made of, or 

protected by, aluminum oxide (alumina 

or sapphire) or fully fluorinated 

hydrocarbon polymers. A new 

paragraph .b is added to include seals 

essential for sealing the pressure sensing 

element, and in direct contact with the 

process medium, that are made of, or 

protected by, aluminum, aluminum 

alloy, aluminum oxide (alumina or 

sapphire), nickel, nickel alloy with more 

than 60% nickel by weight, or fully 

fluorinated hydrocarbon polymers. 

Newly redesignated paragraph .c (which 

was paragraph .b prior to the 

publication of this rule) is amended in 

subparagraph .c.2 to specify a full scale 

of 13 kPa or greater and an accuracy of 

better than ± 130 Pa when measuring at 

13 kPa. In addition, the Related 

Definitions paragraph in the List of 

Items Controlled is amended to indicate 

that, for purposes of ECCN 2B230, 

‘‘pressure transducers’’ are devices that 

convert pressure measurements into a 

signal. Prior to the publication of this 

rule, the definition specified the 

conversion of pressure measurements 

into an electrical signal. 

This rule adds a new ECCN 2B233 to 

control certain bellows-sealed scrolltype compressors and bellows-sealed 

scroll-type vacuum pumps, consistent 

with the 2012 NSG Plenary decision to 

add such compressors and pumps to the 

NSG Annex under new section 3.A.9. 

Specifically, this new ECCN controls 

bellows-sealed scroll-type compressors 

and bellows-sealed scroll-type vacuum 

pumps capable of an inlet volume flow 

rate of 50 m3/h or greater and a pressure 

ratio of 2:1 or greater with all surfaces 

that come in contact with the process 

gas made from any of the following: 

Aluminum or aluminum alloy, 

aluminum oxide, stainless steel, nickel 

or nickel alloy, phosphor bronze, or 

fluoropolymers. Because new ECCN 

2B233 and ECCN 2B231 both control 

certain vacuum pumps, the Related 

Controls paragraph in each ECCN crossreferences the other ECCN. These 

Related Controls paragraphs also crossreference vacuum pumps subject to the 

export licensing authority of the Nuclear 

Regulatory Commission (see 10 CFR 

part 110) that are ‘‘specially designed’’ 

or prepared for the separation of 

uranium isotopes. This rule also makes 

related conforming changes to the CCL 

by amending the control language for 

NP Column 1 in the License 

Requirements section of ECCN 2E001 

(‘‘development’’ ‘‘technology’’) and 

ECCN 2E002 (‘‘production’’ 

‘‘technology’’) and by amending the 

heading of ECCN 2E201 (‘‘use’’ 

‘‘technology’’) to reflect the addition of 

ECCN 2B233 to the CCL. 

This rule amends ECCN 3A225 to 

revise controls on frequency changers 

and generators to reflect the 2012 NSG 

Plenary changes to section 3.A.1 on the 

NSG Annex. Specifically, this rule 

amends ECCN 3A225 to control 

frequency changers or generators that 

are usable as a variable frequency or 

fixed frequency motor drive, have a 

multiphase output providing a power of 

40 VA or greater, operate at a frequency 

of 600 Hz or more, and have a frequency 

control better (less) than 0.2%. This rule 

also adds two new Notes to ECCN 

3A225. The first Note indicates that 

ECCN 3A225 controls frequency 

changers intended for use in specific 

industrial machinery and/or consumer 

goods (machine tools, vehicles, etc.) 

only if the frequency changers can meet 

the performance characteristics 

described in ECCN 3A225 when 

removed from the machinery and/or 

goods. This Note, however, does not 

exclude from control under ECCN 

3A225 any frequency changer described 

therein that is the principal element of 

a non-controlled item and that can 

feasibly be removed or used for other 

purposes. The second new Note 

recommends that, when determining 

whether a particular frequency changer 

meets or exceeds the performance 

characteristics described in ECCN 

3A225, both hardware and ‘‘software’’ 

performance constraints must be 

considered. This rule also adds two new 

Technical Notes to ECCN 3A225. The 

first Technical Note indicates that the 

frequency changers controlled by ECCN 

3A225 are also known as converters or 

inverters (this Technical Note was 

included in the NSG Annex prior to the 

2012 NSG Plenary, but was not 

previously included in ECCN 3A225). 

The second Technical Note, which was 

added to the NSG Annex as part of the 

2012 NSG Plenary changes, indicates 

that the performance characteristics 

described in ECCN 3A225 also may be 

met by certain equipment marketed as: 

Generators, electronic test equipment, 

AC power supplies, variable speed 

motor drives, variable speed drives 

(VSDs), variable frequency drives 

(VFDs), adjustable frequency drives 

(AFDs), or adjustable speed drives 

(ASDs). 

This rule also amends the CCL to 

control certain ‘‘software’’ related to the 

equipment described in ECCN 3A225. 

ECCN 3D201 is added to control 

‘‘software’’ ‘‘specially designed’’ for the 

‘‘use’’ of equipment described in ECCN 

3A225 and ECCN 3D202 is added to 

control ‘‘software’’ ‘‘specially designed’’ 

to enhance or release the performance 

characteristics of frequency changers or 

generators to meet or exceed the level of 

the performance characteristics 

described in ECCN 3A225. New ECCN 

3D202 controls both of the following: (1) 

‘‘Software’’ or encryption keys/codes 

‘‘specially designed’’ to enhance or 

release the performance characteristics 

of equipment that is not controlled by 

ECCN 3A225, so that such equipment 

meets or exceeds the performance 

characteristics of equipment controlled 

by that ECCN; and (2) ‘‘software’’ 

‘‘specially designed’’ to enhance or 

release the performance characteristics 

of equipment that is controlled by ECCN 

3A225. The controls in new ECCN 

3D202 reflect the 2012 NSG Plenary 

changes to the ‘‘software’’ controls 

described in section 3.D of the NSG 

Annex (specifically, the addition of new 

3.D.2 and 3.D.3). 

Consistent with the addition of new 

ECCNs 3D201 and 3D202 to the CCL (as 

described above) and with the controls 

in 3.E.1 on the NSG Annex, this rule 

also adds a new ECCN 3E202 to control 

‘‘technology’’ for the ‘‘development,’’ 

‘‘production,’’ or ‘‘use’’ of ‘‘software’’ 

controlled by ECCN 3D201 or 3D202. 

This rule amends ECCN 6A005, 

consistent with the 2012 NSG Plenary 


emcdonald on DSK67QTVN1PROD with RULES2
Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 46319 

changes to 3.A.2 on the NSG Annex. 

First, 3.A.2.a.2 (copper vapor lasers) was 

revised to lower the specified ‘‘average 

output power’’ from ‘‘equal to or greater 

than 40 W’’ to ‘‘equal to or greater than 

30 W.’’ Second, a new 3.A.2.j was added 

to control certain pulsed carbon 

monoxide lasers. In response to these 

NSG changes and to further clarify the 

scope of the NP controls in ECCN 

6A005, this rule revises the ‘‘Control(s)’’ 

language for ‘‘Country Chart—NP 

Column 1’’ in the License Requirements 

section of ECCN 6A005 to indicate that 

NP controls apply to lasers controlled 

by 6A005.a.2, a.3, a.4, b.2.b, b.3, b.4, 

b.6.c, c.1.b, c.2.b, d.2, d.3.c, or d.4.c that 

meet or exceed the technical parameters 

described in ECCN 6A205. Note that the 

‘‘License Requirements Note’’ (NP 

controls on ‘‘lasers’’ controlled by 

6A005) in the License Requirements 

section of ECCN 6A005 was removed by 

the Wassenaar Arrangement 2013 

Plenary Agreements Implementation 

rule that BIS published in the Federal 

Register on August 4, 2014. 

This rule amends ECCN 6A205 

(which controls ‘‘lasers,’’ ‘‘laser’’ 

amplifiers and oscillators, other than 

those controlled by 6A005, but excludes 

items subject to the export licensing 

authority of the Nuclear Regulatory 

Commission) by revising the ‘‘Items’’ 

paragraph in the List of Items Controlled 

section to conform, entirely, with the 

controls described in 3.A.2 on the NSG 

Annex. Specifically, copper vapor 

lasers, alexandrite lasers, and pulsed 

excimer lasers, as described in 3.A.2 on 

the NSG Annex, are now listed in ECCN 

6A205; however, most of these lasers 

continue to be controlled for NS 

(national security) reasons, as well as 

NP and AT (anti-terrorism) reasons, 

under ECCN 6A005. In addition, this 

rule amends ECCN 6A205 to list the 

lasers in the order in which they appear 

in 3.A.2 on the NSG Annex. This rule 

also adds a new paragraph .j to ECCN 

6A205 to reflect the 2012 NSG Plenary 

changes to section 3.A.2 on the NSG 

Annex (specifically, the addition of 

3.A.2.j). New ECCN 6A205.j controls 

pulsed carbon monoxide lasers 

operating at wavelengths between 5,000 

and 6,000 nm that have a repetition rate 

greater than 250 Hz, an average output 

power greater than 200 W, and a pulse 

width of less than 200 ns. A new Note 

to ECCN 6A205.j indicates that these 

controls do not capture the higher 

power (typically 1 to 5 kW) industrial 

CO lasers that are used in applications 

such as cutting and welding, because 

such lasers are either continuous wave 

or are pulsed with a pulse width greater 

than 200 ns. 

2013 NSG Plenary Changes 

At the 2013 NSG Plenary meeting, the 

participating governments agreed to 

modify controls on a number of items 

identified in the NSG Annex. Consistent 

with the 2013 plenary changes to 

section 4.B.2.d of the NSG Annex, this 

rule revises 1B228.d to control 

hydrogen-cryogenic distillation columns 

with an internal diameter of 30 cm or 

greater and ‘‘effective lengths’’ of 4 m or 

greater. Prior to the publication of this 

rule, 1B228.d controlled hydrogencryogenic distillation columns with an 

internal diameter of 1 m or greater and 

‘‘effective lengths’’ of 5 m or greater. In 

addition, this rule amends the ‘‘Related 

Definitions’’ paragraph in the List of 

Items Controlled section of ECCN 1B228 

to include a definition of the term 

‘‘effective length.’’ For purposes of this 

ECCN, ‘‘effective length’’ means the 

active height of packing material in a 

packed-type column, or the active 

height of internal contactor plates in a 

plate-type column. 

Consistent with the addition of 5.B.7 

to the NSG Annex, this rule adds new 

ECCN 1B234 to the CCL to control 

certain high explosive containment 

vessels, chambers, containers, and other 

similar containment devices designed 

for the testing of high explosives or 

explosive devices. New ECCN 1B234 

controls any such equipment, not 

enumerated in ECCN 1B608 or in USML 

Category IV or V on the ITAR (see 22 

CFR parts 120 through 130), that: (1) Is 

designed to fully contain an explosion 

equivalent to 2 kg of TNT or greater; and 

(2) has design elements or features 

enabling real time or delayed transfer of 

diagnostic or measurement information. 

In addition, this rule makes conforming 

amendments to ECCNs 1E001 and 

1E201 to reflect the addition of new 

ECCN 1B234. Specifically, ECCN 1E001 

is amended by revising the NP Column 

1 paragraph in the License 

Requirements section to indicate that 

this ECCN contains NP controls on 

‘‘development’’ and ‘‘production’’ 

‘‘technology’’ for equipment described 

in new ECCN 1B234 (note that AT 

controls apply to all items in 1E001). 

ECCN 1E201 is amended by revising the 

heading of the ECCN to indicate that 

1E201 controls ‘‘technology’’ for the 

‘‘use’’ of equipment described in new 

ECCN 1B234. 

This rule also amends ECCN 1C236 to 

reflect the 2013 NSG Plenary changes to 

2.C.19 in the NSG Annex, which 

included: (1) Revising the heading of 

2.C.19 to indicate that this paragraph 

applies to radionuclides that are 

‘‘appropriate for making neutron 

sources based on alpha-n reaction;’’ and 

(2) identifying specific types of 

radionuclides to which 2.C.19 applies. 

Specifically, this rule revises the 

heading of ECCN 1C236 to indicate that 

this ECCN controls radionuclides 

appropriate for making neutron sources 

based on alpha-n reaction and products 

or devices containing such 

radionuclides. This rule also revises the 

‘‘Items’’ paragraph in the List of Items 

Controlled section of ECCN 1C236. 

First, new 1C236.a.1 identifies the 

twenty-one radionuclides that are 

controlled under this ECCN, all of 

which are ‘‘appropriate for making 

neutron sources based on alpha-n 

reaction.’’ Second, new 1C236.a.2 states 

that the radionuclides identified in 

1C236.a.1 are controlled by ECCN 

1C236 only if they are in one of the 

following forms identified in 

1C236.a.2.a through .a.2.c: (1) 

Elemental; (2) compounds having a total 

activity of 37 GBq (1 curie) per kg or 

greater; or (3) mixtures having a total 

activity of 37 GBq (1 curie) per kg or 

greater. Third, 1C236.b, as revised, 

indicates that ECCN 1C236 also controls 

products or devices containing 

radionuclides identified in new 

1C236.a.1 in any of the forms described 

in new 1C236.a.2. In structural terms, 

the control language that was included 

in 1C236.a, .b, and .c, prior to the 

publication of this rule, has been folded 

into new 1C236.a.2.a through .a.2.c, 

respectively; the control language that 

was in 1C236.d has been moved to 

revised 1C236.b; and new 1C236.a.1 has 

been added to list the specific 

radionuclides that are controlled under 

this ECCN (all of which must be in one 

of the forms identified in 1C236.a.2.a 

through .a.2.c). 

Consistent with the addition of 2.C.20 

to the NSG Annex, this rule adds new 

ECCN 1C241 to the CCL to control 

rhenium and alloys containing rhenium 

(i.e., alloys with 90% by weight or more 

of rhenium or alloys with 90% by 

weight or more of any combination of 

rhenium and tungsten) that: (1) Are in 

forms with a hollow cylindrical 

symmetry (including cylinder segments) 

with an inside diameter between 100 

mm and 300 mm; and (2) have a mass 

greater than 20 kg. In addition, this rule 

makes conforming amendments to 

ECCNs 1E001 and 1E201 to reflect the 

addition of new ECCN 1C241. 

Specifically, ECCN 1E001 is amended 

by revising the NP Column 1 paragraph 

in the License Requirements section to 

indicate that this ECCN contains NP 

controls on ‘‘development’’ and 

‘‘production’’ ‘‘technology’’ for rhenium 

and alloys containing rhenium 

described in new ECCN 1C241 (note 


emcdonald on DSK67QTVN1PROD with RULES2
46320 Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 

that AT controls apply to all items in 

1E001). In addition, ECCN 1E201 is 

amended by revising the heading of the 

ECCN to indicate that 1E201 controls 

‘‘technology’’ for the ‘‘use’’ of rhenium 

and alloys containing rhenium 

described in new ECCN 1C241. 

This rule amends ECCN 2A225 to 

reflect the 2013 NSG Plenary changes to 

2.A.1.a in the NSG Annex. Specifically, 

ECCN 2A225.a.1 is amended to clarify 

that the volume controlled is described 

in ‘‘liters.’’ This rule also amends 

2A225.b.1 and .c.1 to make the same 

clarification, consistent with the control 

language in 2.A.1.b.1 and .c.1 in the 

NSG Annex (these NSG Annex 

paragraphs already specified ‘‘liters’’ 

prior to the 2013 NSG Plenary changes). 

In addition, this rule amends the 

heading of ECCN 2A225.a.2 to: (1) 

Specify that ‘‘an overall impurity level 

of 2% or less by weight’’ applies; and 

(2) add the phrase, ‘‘combination of the 

following materials.’’ Based on these 

changes, crucibles controlled under 

ECCN 2A225.a must: (1) Have a volume 

of between 150 cm3 and 8,000 cm3 (8 

liters); and (2) be made of, or coated 

with, any of the materials identified in 

2A225.a.2.a through a.2.i, or 

combination of these materials, having 

an overall impurity level of 2% or less 

by weight. 

This rule amends the heading of 

ECCN 2B232 to reflect the 2013 NSG 

Plenary changes to 5.B.2 in the NSG 

Annex. Specifically, the heading of 

ECCN 2B232 is revised to control ‘‘highvelocity gun systems (propellant, gas, 

coil, electromagnetic, and 

electrothermal types, and other 

advanced systems) capable of 

accelerating projectiles to 1.5 km/s or 

greater.’’ Prior to the publication of this 

rule, this ECCN controlled ‘‘multistage 

light gas guns or other high-velocity gun 

systems (coil, electromagnetic, and 

electrothermal types, and other 

advanced systems) capable of 

accelerating projectiles to 2 km/s or 

greater.’’ 

This rule also amends ECCN 2D201 to 

reflect the 2013 NSG Plenary changes to 

NSG Annex entry 1.D.1, which was 

revised to include software ‘‘modified’’ 

for the ‘‘use’’ of specified equipment, as 

well as software ‘‘specially designed’’ 

for such ‘‘use.’’ Consistent with these 

NSG changes, this rule amends the 

heading of ECCN 2D201 to indicate that 

this ECCN controls ‘‘software’’ 

‘‘specially designed’’ or ‘‘modified’’ for 

the ‘‘use’’ of equipment controlled by 

2B204, 2B206, 2B207, 2B209, 2B227, or 

2B229. Prior to the publication of this 

rule, the ECCN heading referred to 

‘‘specially designed’’ ‘‘software,’’ but 

not ‘‘software’’ ‘‘modified,’’ for the 

‘‘use’’ of the such equipment. In 

addition, this rule amends the ‘‘ECCN 

Controls’’ paragraph in the List of Items 

Controlled section of ECCN 2D201 to 

indicate that ‘‘software’’ ‘‘specially 

designed’’ or ‘‘modified’’ for systems 

controlled by 2B206.b includes 

‘‘software’’ for simultaneous 

measurements of wall thickness and 

contour. Prior to the publication of this 

rule, the ‘‘ECCN Controls’’ paragraph 

did not specifically refer to ‘‘software’’ 

‘‘modified’’ for such systems. 

This rule adds a new ‘‘ECCN 

Controls’’ paragraph to the List of Items 

Controlled section of ECCN 2D202 to 

indicate that this ECCN does not control 

part programming ‘‘software’’ that 

generates ‘‘numerical control’’ 

command codes, but does not allow 

direct use of equipment for machining 

various parts. This change is consistent 

with the 2013 NSG Plenary decision to 

add a new note that provides the same 

guidance with respect to 1.D.2 in the 

NSG Annex. 

This rule amends ECCN 3A229 

consistent with the 2013 NSG Plenary 

changes to 6.A.2, which included the 

following: 6.A.2.a and .b were revised; 

a new 6.A.2.c was added; the Technical 

Note defining ‘‘rise time’’ was removed; 

and the Note to 6.A.2 was revised to add 

descriptions of ‘‘optically driven firing 

sets’’ and ‘‘explosively driven firing 

sets.’’ Specifically, 3A229.a is amended 

to indicate that it controls ‘‘detonator 

firing sets (initiation systems, firesets), 

including electronically-charged, 

explosively-driven and optically-driven 

firing sets’’ designed to drive multiple 

controlled detonators (prior to the 

publication of this rule 3A229.a referred 

to ‘‘explosive detonator firing sets’’). In 

3A229.b, this rule removes 3A229.b.2, 

redesignates 3A229.b.3 as new 

3A229.b.2, and amends new 3A229.b.2 

to specify a capability of delivering 

energy in less than 15 ms ‘‘into loads of 

less than 40 W (ohms).’’ ECCN 

3A229.b.4 is redesignated as new 

3A229.b.3, with no changes. ECCN 

3A229.b.5 is removed and 3A229.b.6 is 

redesignated as new 3A229.b.4 and 

amended to specify ‘‘no dimension 

greater than 30 cm’’ (the control level 

was 25.4 cm, prior to the publication of 

this rule). ECCN 3A229.b.7 is 

redesignated as new 3A229.b.5 and 

amended to specify a weight less than 

30 kg (the control level was 25 kg, prior 

to the publication of this rule). ECCN 

3A229.b.8 is redesignated as new 

3A229.b.6 with no changes. This rule 

also amends ECCN 3A229 by adding a 

new 3A229.c to control micro-firing 

units with all of the following 

characteristics: (1) No dimension greater 

than 35 mm; (2) a voltage rating of equal 

to or greater than 1 kV; and (3) a 

capacitance of equal to or greater than 

100 nF. 

In addition, this rule amends the 

‘‘Related Definitions’’ paragraph of 

ECCN 3A229 to read ‘‘N/A,’’ because a 

definition of ‘‘rise time’’ is no longer 

required due to the removal of the 

3A229.b.5 control that specified ‘‘a ‘rise 

time’ of less than 10 ms into loads of less 

than 40 ohms’’ (see description of the 

changes related to 3A229.b.5, above). 

Also, consistent with the 2013 NSG 

Plenary changes to the Note to 6.A.2 (as 

described above), this rule amends the 

‘‘ECCN Controls’’ paragraph of ECCN 

3A229 to indicate that: (1) Optically 

driven firing sets include both those 

employing laser initiation and laser 

charging; and (2) explosively driven 

firing sets include both explosive 

ferroelectric and explosive 

ferromagnetic firing set types. To further 

clarify the EAR controls on explosive 

detonators, this rule also amends the 

‘‘Related Controls’’ paragraph of ECCN 

3A229 to include a reference to 

explosive detonator firing sets in ECCN 

1A007.a that are designed to drive 

explosive detonators controlled by 

1A007.b. 

This rule amends ECCN 3A230 to 

reflect the 2013 NSG Plenary changes to 

5.B.6 in the NSG Annex. Specifically, 

the heading of ECCN 3A230 is revised 

to indicate that this ECCN controls not 

only high-speed pulse generators, but 

also the ‘‘pulse heads’’ for such 

generators. In addition, the ‘‘Related 

Definitions’’ paragraph, in the List of 

Items Controlled for ECCN 3A230, is 

amended to add a definition of ‘‘pulse 

heads,’’ as this term is used in the 

amended heading of ECCN 3A230. 

This rule also amends ECCN 3A231 to 

reflect the 2013 NSG Plenary changes to 

6.A.5.b in the NSG Annex. Specifically, 

ECCN 3A231.b is amended to indicate 

that controlled neutron generator 

systems must utilize electrostatic 

acceleration to induce either: (1) A 

tritium-deuterium nuclear reaction; or 

(2) a deuterium-deuterium nuclear 

reaction capable of an output of 3 × 109

neutrons/s or greater. Prior to the 

publication of this final rule, ECCN 

3A231.b specified only a tritiumdeuterium nuclear reaction. 

This rule amends ECCN 3A233 to 

reflect the following 2013 NSG Plenary 

changes to 3.B.6 in the NSG Annex: 

3.B.6.d was revised; 3.B.6.e was 

removed; 3.B.6.f was redesignated as 

new 3.B.6.e; and three new Technical 

Notes were added to address the revised 

controls in 3.B.6.d. Specifically, this 

rule amends 3A233.d, consistent with 

the NSG revisions to 3.B.6.d, to control 

electron bombardment mass 


emcdonald on DSK67QTVN1PROD with RULES2
Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 46321 

spectrometers with both of the 

following: (1) A molecular beam inlet 

system that injects a collimated beam of 

analyte molecules into a region of the 

ion source where the molecules are 

ionized by an electron beam; and (2) one 

or more cold traps that can be cooled to 

a temperature of 193 K (¥80 °C) or less 

in order to trap analyte molecules not 

ionized by the electron beam. In 

addition, this rule removes 3A233.e and 

redesignates 3A233.f as new 3A233.e, 

consistent with the NSG’s removal of 

3.B.6.e and redesignation of 3.B.6.f. This 

rule also adds three new Technical 

Notes, at end of ECCN 3A233, to 

indicate that: (1) ECCN 3A233.d 

controls mass spectrometers typically 

used for isotopic analysis of UF6 gas 

samples; (2) electron bombardment 

mass spectrometers in ECCN 3A233.d 

are also known as electron impact mass 

spectrometers or electron ionization 

mass spectrometers; and (3) a ‘‘cold 

trap,’’ as that term is used in ECCN 

3A233.d.2, is a device that traps gas 

molecules by condensing or freezing 

them on cold surfaces and, for the 

purposes of this ECCN, a closed-loop 

gaseous helium cryogenic vacuum 

pump is not a cold trap. 

Consistent with the addition of 

6.A.6.a and .b to the NSG Annex, this 

rule adds new ECCN 3A234 to the CCL 

to control ‘‘striplines’’ that provide a 

‘‘low inductance path to detonators’’ 

and have both of the following 

characteristics: (1) A voltage rating 

greater than 2 kV; and (2) an inductance 

of less than 20 nH. This rule also makes 

conforming amendments to ECCNs 

3E001 and 3E201 to reflect the addition 

of new ECCN 3A234. Specifically, ECCN 

3E001 is amended by revising the NP 

Column 1 paragraph in the License 

Requirements section to indicate that 

this ECCN contains NP controls on 

‘‘development’’ and ‘‘production’’ 

‘‘technology’’ for striplines described in 

new ECCN 3A234 (note that AT controls 

apply to all items in 3E001). In addition, 

ECCN 3E201 is amended by: (1) 

Revising the heading of the ECCN to 

indicate that 3E201 controls 

‘‘technology’’ for the ‘‘use’’ of striplines 

described in new ECCN 3A234 and (2) 

revising the NP Column 1 paragraph in 

the License Requirements section of 

ECCN 3E201 to indicate that this ECCN 

contains NP controls on such ‘‘use’’ 

‘‘technology’’ (note that AT controls 

apply to all items in 3E201). 

This rule amends ECCN 6A003, 

consistent with the 2013 NSG Plenary 

changes to NSG Annex 5.B.3, which was 

revised to add, in 5.B.3.a.4, b.4, and c.4, 

‘‘plug-ins’’ for cameras described in 

5.B.3.a, .b, or .c. Specifically, this rule 

amends the NP Column 1 controls in the 

License Requirements section of ECCN 

6A003 to include ‘‘plug-ins’’ in 

6A003.a.6 for cameras controlled by 

6A003.a.3 or a.4. 

This rule amends ECCN 6A203, 

consistent with the 2013 NSG Plenary 

changes to 5.B.3 in the NSG Annex. 

Specifically, this rule amends ECCN 

6A203 by revising the ‘‘Items’’ 

paragraph in the List of Items Controlled 

section of the ECCN to control ‘‘streak 

cameras’’ under 6A203.a, ‘‘framing 

cameras’’ under 6A203.b, and ‘‘solid 

state or electron tube cameras under 

6A203.c, as follows (in the following, 

‘‘previously’’ means prior to the 

publication of this rule). 

(1) Streak cameras in 6A203.a: 

6A203.a.1 (contains items previously 

identified under 6A203.a.2); 

6A203.a.2 (contains items previously 

identified under 6A203.b.1); 

6A203.a.3 (contains items previously 

identified under 6A203.b.2); 

6A203.a.4 (controls plug-ins, not 

previously identified in 6A203, for 

6A203.a cameras); 

6A203.a.5 (controls items previously 

referenced in the Note to 6A203.a); 

(2) Framing cameras in 6A203.b: 

6A203.b.1 (controls items previously 

identified under 6A203.a.1); 

6A203.b.2 (controls items previously 

identified under 6A203.b.3); 

6A203.b.3 (controls items previously 

identified under 6A203.b.4.d); 

6A203.b.4 (controls plug-ins, not 

previously identified in 6A203, for 

6A203.b cameras); 

6A203.b.5 (controls items previously 

referenced in the Note to 6A203.a); 

(3) Solid state or electron tube 

cameras in 6A203.c: 

6A203.c.1 (controls solid state or 

electron tube cameras with a fast image 

gating (shutter) time of 50 ns or less); 

6A203.c.2 (controls solid-state 

imaging devices & image intensifier 

tubes with a fast image gating (shutter) 

time of 50 ns or less—these items were 

previously identified under 

6A203.b.4.a); 

6A203.c.3 (controls electro-optical 

shuttering devices (Kerr or Pockels 

cells) with a fast image gating (shutter) 

time of 50 ns or less—these items were 

previously identified under 

6A203.b.4.c); 

6A203.c.4 (controls plug-ins, not 

previously identified in 6A203, for 

6A203.c cameras). 

This rule also amends the CCL to 

control certain ‘‘software’’ related to the 

equipment described in ECCN 6A203, 

consistent with the 2013 NSG Plenary 

decision to add new 5.D.1 and 5.D.2 to 

the NSG Annex to control ‘‘software’’ 

‘‘specially designed’’ to enhance or 

release the performance characteristics 

of high speed cameras and imaging 

devices, and components therefor, to 

meet or exceed the level of the 

performance characteristics in 5.B.3 

(i.e., high-speed cameras & imaging 

devices in ECCN 6A203 and NPcontrolled equipment in ECCN 6A003). 

Specifically, this rule adds new ECCN 

6D201 to the CCL to control ‘‘software’’ 

that is ‘‘specially designed’’ to enhance 

or release the performance 

characteristics of high-speed cameras 

and imaging devices, and components 

therefor, to meet or exceed the level of 

the performance characteristics 

described in ECCN 6A203, consistent 

with new 5.D.1 and 5.D.2 on the NSG 

Annex. New ECCN 6D201 controls both: 

(1) ‘‘Software’’ or encryption keys/codes 

‘‘specially designed’’ to enhance or 

release the performance characteristics 

of equipment not controlled by ECCN 

6A203, or not controlled for NP reasons 

by ECCN 6A003, so that such equipment 

meets or exceeds the performance 

characteristics of equipment described 

in ECCN 6A203; and (2) ‘‘software’’ or 

encryption key codes ‘‘specially 

designed’’ to enhance or release the 

performance characteristics of 

equipment controlled by ECCN 6A203 

or equipment controlled by ECCN 

6A003 that meets or exceeds the 

performance characteristics described in 

ECCN 6A203. 

This rule also makes conforming 

amendments to ECCN 6E001 to reflect 

the addition of new ECCN 6D201 to the 

CCL. Specifically, ECCN 6E001 is 

amended by revising the NP Column 1 

paragraph in the License Requirements 

section to indicate that this ECCN 

contains NP controls on ‘‘technology’’ 

for the ‘‘development’’ of ‘‘software’’ 

described in new ECCN 6D201 (note 

that AT controls apply to all items in 

6E001). In addition, this rule adds a new 

ECCN 6E202 to control ‘‘technology’’ for 

the ‘‘production’’ or ‘‘use’’ of ‘‘software’’ 

described in new ECCN 6D201. 

This rule also amends ECCN 6A225, 

consistent with the 2013 NSG Plenary 

changes to the Note to 5.B.5.a in the 

NSG Annex. Specifically, this rule 

amends the ‘‘ECCN Controls’’ paragraph 

in the List of Items Controlled section of 

ECCN 6A225 to indicate that this ECCN 

controls not only velocity 

interferometers, such as VISARs 

(Velocity Interferometer Systems for 

Any Reflector) and DLIs (Doppler Laser 

Interferometers), but also PDV (Photonic 

Doppler Velocimeters) also known as 

Het-V (Heterodyne Velocimeters). 

Consistent with the 2013 NSG 

changes to 5.B.5.b in the NSG Annex, 

this rule amends ECCN 6A226.a to 

control ‘‘shock pressure gauges capable 

of measuring pressures greater than 10 


emcdonald on DSK67QTVN1PROD with RULES2
46322 Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 

GPa (100 kilobars), including gauges 

made with manganin, ytterbium, and 

polyvinylidene bifluoride (PVBF, PVF2). 

Prior to the publication of this final rule, 

ECCN 6A226.a specified only 

‘‘manganin gauges for pressures greater 

than 100 kilobars.’’ 

Corrections to ECCNs 2B006 and 2B206 

This rule also makes certain 

corrections to ECCNs 2B006 and 2B206. 

ECCN 2B006 is amended to correctly 

state the scope of the NP controls that 

apply to certain items listed therein. 

Specifically, this rule amends the 

License Requirements section of ECCN 

2B006 by revising the NP control(s) 

paragraph to indicate that NP Column 1 

controls apply to those items described 

in ECCN 2B006.a that also meet or 

exceed the technical parameters in 

ECCN 2B206.a and to all items 

described in ECCN 2B006.b, except 

those in 2B006.b.1.d. Prior to the 

publication of this rule, the License 

Requirements section of ECCN 2B006 

stated that NP Column 1 controls 

applied to all items described in ECCN 

2B006.a, regardless of whether or not 

such items met or exceeded the 

technical parameters described in ECCN 

2B206.a. As a result of this amendment 

to ECCN 2B006, the types of computer 

controlled or numerically controlled 

dimensional inspection machines on the 

CCL that are subject to NP controls 

under ECCN 2B006 or 2B206 are now 

fully consistent with the controls 

described in paragraph 1.B.3.a of the 

NSG Annex. 

Finally, this rule amends ECCN 2B206 

to eliminate redundant control language 

by removing paragraph (c) and the Note 

thereto. The items that were described 

in ECCN 2B206.c are currently 

controlled under ECCN 2B006.b.2. 

Although the Export Administration 

Act expired on August 20, 2001, the 

President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as amended by 

Executive Order 13637 of March 8, 

2013, 78 FR 16129 (March 13, 2013), 

and as extended by the Notice of August 

8, 2013, 78 FR 49107 (August 12, 2013), 

has continued the Export 

Administration Regulations in effect 

under the International Emergency 

Economic Powers Act. BIS continues to 

carry out the provisions of the Export 

Administration Act, as appropriate and 

to the extent permitted by law, pursuant 

to Executive Order 13222. 

Saving Clause 

Shipments of items removed from 

eligibility for export or reexport under a 

license exception or without a license 

(i.e., under the designator ‘‘NLR’’) 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 8, 2014, pursuant to actual 

orders for export or reexport to a foreign 

destination, may proceed to that 

destination under the previously 

applicable license exception or without 

a license (NLR) so long as they are 

exported or reexported before 

September 22, 2014. Any such items not 

actually exported or reexported before 

midnight, on September 22, 2014, 

require a license in accordance with this 

regulation. 

‘‘Deemed’’ exports of ‘‘technology’’ 

and ‘‘source code’’ removed from 

eligibility for export under a license 

exception or without a license (under 

the designator ‘‘NLR’’) as a result of this 

regulatory action may continue to be 

made under the previously available 

license exception or without a license 

(NLR) before November 5, 2014. 

Beginning at midnight on November 5, 

2014, such ‘‘technology’’ and ‘‘source 

code’’ may no longer be released, 

without a license, to a foreign national 

subject to the ‘‘deemed’’ export controls 

in the EAR when a license would be 

required to the home country of the 

foreign national in accordance with this 

regulation. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866. Accordingly, 

the rule has been reviewed by the Office 

of Management and Budget. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

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

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

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule 

contains a collection of information 

subject to the requirements of the PRA. 

This collection has been approved by 

OMB under Control Number 0694–0088 

(Multi-Purpose Application), which 

carries a burden hour estimate of 58 

minutes to prepare and submit form 

BIS–748. Send comments regarding this 

burden estimate or any other aspect of 

this collection of information, including 

suggestions for reducing the burden, to 

Jasmeet Seehra, Office of Management 

and Budget (OMB), and to the 

Regulatory Policy Division, Bureau of 

Industry and Security, Department of 

Commerce, as indicated in the 

ADDRESSES section of this rule. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined in 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 

regulation involves a military and 

foreign affairs function of the United 

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

Immediate implementation of these 

amendments is non-discretionary and 

fulfills the United States’ international 

obligation to the Nuclear Suppliers 

Group (NSG). The NSG contributes to 

international security and regional 

stability through the harmonization of 

export controls and seeks to ensure that 

exports do not contribute to the 

development of nuclear weapons. The 

NSG consists of 48 member countries 

that act on a consensus basis and the 

amendments set forth in this rule 

implement the understandings reached 

at the 2005, 2012, and 2013 NSG 

plenary meetings, a decision that was 

adopted under the NSG intersessional 

silent approval procedures in December 

2009, and other changes deemed 

necessary to ensure consistency with 

the controls maintained by the NSG. 

Since the United States is a significant 

exporter of the items in this rule, 

immediate implementation of this 

provision is necessary for the NSG 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 NSG members, resulting in tension 

between member countries. Export 

controls work best when all countries 

implement the same export controls in 

a timely and coordinated manner. 

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 


emcdonald on DSK67QTVN1PROD with RULES2
Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 46323 

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. 

List of Subjects 

15 CFR Part 738 

Administrative practice and 

procedure, Exports, Foreign trade. 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Foreign trade, 

Reporting and recordkeeping 

requirements. 

15 CFR Part 742 

Exports, Foreign trade. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

15 CFR Part 772 

Exports. 

15 CFR Part 774 

Exports, Foreign trade, Reporting and 

recordkeeping requirements. 

Accordingly, Parts 738, 740, 742, 744, 

772, and 774 of the Export 

Administration Regulations (15 CFR 

parts 730–774) are amended as follows: 

PART 738—[AMENDED] 

■ 1. The authority citation for 15 CFR 

Part 738 continues to read as follows: 

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

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

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

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

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

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

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

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

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

Comp., p. 783; Notice of August 8, 2013, 78 

FR 49107 (August 12, 2013). 

■ 2. Supplement No. 1 to Part 738 is 

amended by revising the entries for 

‘‘Croatia’’, ‘‘Estonia’’, ‘‘Iceland’’, 

‘‘Lithuania’’, ‘‘Malta’’, ‘‘Mexico’’, and 

‘‘Serbia’’ to read as follows: 

SUPPLEMENT NO. 1 TO PART 738—COMMERCE COUNTRY CHART

[Reason for control] 

Countries 

Chemical & 

biological weapons 

Nuclear 

nonproliferation 

National 

security 

Missile 

tech 

Regional 

stability 

Firearms 

convention 

Crime 

control 

Antiterrorism 

CB 

1 

CB 

2 

CB 

3 

NP 

1 

NP 

2 

NS 

1 

NS 

2 

MT 

1 

RS 

1 

RS 

2 

FC 

1 

CC 

1 

CC 

2 

CC 

3 

AT 

1 

AT 

2 

*******

Croatia 3 ................................... X ............ ............ ............ ............ X ............ X X ............ .................... ............ ............ ............ ............ ............

* * * * * * * 

Estonia 3 ................................... X ............ ............ ............ ............ X ............ X X ............ .................... ............ ............ ............ ............ ............

* * * * * * * 

Iceland 3 ................................... X ............ ............ ............ ............ X ............ X X ............ .................... ............ ............ ............ ............ ............

* * * * * * * 

Lithuania 3 ................................ X ............ ............ ............ ............ X ............ X X ............ .................... ............ ............ ............ ............ ............

* * * * * * * 

Malta234 ................................... X ............ ............ ............ ............ X X X X X .................... X ............ X ............ ............

*******

Mexico ..................................... X ............ ............ ............ ............ X ............ X X ............ X X ............ X ............ ............

*******

Serbia ...................................... X X ............ ............ ............ X X X X X .................... X X X ............ ............

PART 740—[AMENDED] 

■ 3. The authority citation for 15 CFR 

Part 740 continues to read as follows: 

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

U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; 

E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., 

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

Comp., p. 783; Notice of August 8, 2013, 78 

FR 49107 (August 12, 2013). 

■ 4. In Supplement No. 1 to Part 740, 

Country Groups, Country Group A is 

amended by adding, in alphabetical 

order, new entries for ‘‘Mexico’’ and 

‘‘Serbia’’ and by revising the entries for 

‘‘Croatia’’, ‘‘Estonia’’, ‘‘Iceland’’, 

‘‘Lithuania’’, and ‘‘Malta’’ to read as 

follows: 

SUPPLEMENT NO. 1 TO PART 740—COUNTRY GROUPS

[Country Group A] 

Country [A:1] 

[A:2] 

Missile 

technology 

control 

regime 

[A:3] 

Australia 

group 

[A:4 ] 

Nuclear 

suppliers 

group 

[A:5] [A:6] 

*******

Croatia .............................................................................. .................... .................... X X X ....................

* * * * * * * 

Estonia .............................................................................. .................... .................... X X X ....................

* * * * * * * 

Iceland .............................................................................. .................... X X X X ....................


emcdonald on DSK67QTVN1PROD with RULES2
46324 Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 

SUPPLEMENT NO. 1 TO PART 740—COUNTRY GROUPS—Continued 

[Country Group A] 

Country [A:1] 

[A:2] 

Missile 

technology 

control 

regime 

[A:3] 

Australia 

group 

[A:4 ] 

Nuclear 

suppliers 

group 

[A:5] [A:6] 

*******

Lithuania ........................................................................... .................... .................... X X X ....................

* * * * * * * 

Malta ................................................................................. .................... .................... X X .................... X 

Mexico ............................................................................... .................... .................... X X .................... ....................

* * * * * * * 

Serbia ................................................................................ .................... .................... .................... X .................... ....................

* * * * * * * 

PART 742—[AMENDED] 

■ 5. The authority citation for 15 CFR 

part 742 continues to read as follows: 

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

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

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

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

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

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

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

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

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

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

Comp., p. 783; Presidential Determination 

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

16, 2003; Notice of August 8, 2013, 78 FR 

49107 (August 12, 2013); Notice of November 

7, 2013, 78 FR 67289 (November 12, 2013). 

■ 6. Section 742.3 is amended by 

revising paragraphs (a)(1), (b)(1)(vii), 

and (b)(1)(viii)(F) and by adding 

paragraph (b)(1)(ix) to read as follows: 

§ 742.3 Nuclear nonproliferation. 

(a) * * * 

(1) If NP Column 1 of the Country 

Chart (Supplement No. 1 to part 738 of 

the EAR) is indicated in the appropriate 

ECCN, a license is required to all 

destinations, except those Nuclear 

Suppliers Group (NSG) member 

countries that are listed under Country 

Group A:4 in Supplement No. 1 to part 

740 of the EAR. 

* * * * * 

(b) * * * 

(1) * * * 

(vii) Whether the export or reexport 

would present an unacceptable risk of 

diversion to a nuclear explosive activity 

or unsafeguarded nuclear fuel-cycle 

activity described in § 744.2(a) of the 

EAR; 

(viii) * * * 

(F) Information on the importing 

country’s nuclear intentions and 

activities; and 

(ix) Whether the recipient state has 

sufficient national export controls (as 

described in paragraph 3 of United 

Nations Security Council Resolution 

1540 (2004)) to prevent an unacceptable 

risk of retransfer or diversion to a 

nuclear explosive activity or 

unsafeguarded nuclear fuel-cycle 

activity described in § 744.2(a) of the 

EAR. 

* * * * * 

PART 744—[AMENDED] 

■ 7. The authority citation for 15 CFR 

part 744 continues to read as follows: 

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

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

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

U.S.C. 7210; 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 January 17, 2013, 78 FR 4303 

(January 22, 2013); Notice of August 8, 2013, 

78 FR 49107 (August 12, 2013); Notice of 

September 18, 2013, 78 FR 58151 (September 

20, 2013); Notice of November 7, 2013, 78 FR 

67289 (November 12, 2013). 

■ 8. Section 744.2 is amended by 

revising paragraphs (d)(7) and (d)(8)(vi) 

and by adding paragraph (d)(9) to read 

as follows: 

§ 744.2 Restrictions on certain nuclear 

end-uses. 

* * * * * 

(d) * * * 

(7) Whether the export would present 

an unacceptable risk of diversion to a 

nuclear explosive activity or 

unsafeguarded nuclear fuel-cycle 

activity described in § 744.2(a) of the 

EAR; 

(8) * * * 

(vi) Intelligence data on the importing 

country’s nuclear intentions and 

activities; and 

(9) Whether the recipient state has 

sufficient national export controls (as 

described in paragraph 3 of United 

Nations Security Council Resolution 

1540 (2004)) to prevent an unacceptable 

risk of retransfer or diversion to a 

nuclear explosive activity or 

unsafeguarded nuclear fuel-cycle 

activity described in § 744.2(a) of the 

EAR. 

PART 772—[AMENDED] 

■ 9. The authority citation for 15 CFR 

part 772 continues to read as follows: 

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

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

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

8, 2013, 78 FR 49107 (August 12, 2013). 

■ 10. Section 772.1 is amended by 

revising the definition of ‘‘Nuclear 

Suppliers Group (NSG)’’ to read as 

follows: 

§ 772.1 Definitions of Terms as used in the 

Export Administration Regulations (EAR). 

* * * * * 

Nuclear Suppliers Group (NSG). The 

United States and other nations in this 

multilateral control regime have agreed 

to guidelines for restricting the export or 

reexport of items with nuclear 

applications. Members include: 

Argentina, Australia, Austria, Belarus, 

Belgium, Brazil, Bulgaria, Canada, 

Croatia, Cyprus, Czech Republic, 

Denmark, Estonia, Finland, France, 

Germany, Greece, Hungary, Iceland, 

Ireland, Italy, Japan, Kazakhstan, Latvia, 

Lithuania, Luxembourg, Malta, Mexico, 

the Netherlands, New Zealand, Norway, 

People’s Republic of China, Poland, 

Portugal, Republic of Korea, Romania, 

Russia, Serbia, Slovak Republic, 

Slovenia, South Africa, Spain, Sweden, 

Switzerland, Turkey, Ukraine, the 


emcdonald on DSK67QTVN1PROD with RULES2
Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 46325 

United Kingdom, and the United States. 

See also § 742.3 of the EAR. 

* * * * * 

PART 774—[AMENDED] 

■ 11. The authority citation for 15 CFR 

Part 774 continues to read as follows: 

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

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

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

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

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

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

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

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

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

Comp., p. 783; Notice of August 8, 2013, 78 

FR 49107 (August 12, 2013). 

Supplement No. 1 to Part 774— 

[Amended] 

■ 12. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

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

1B201 is amended by revising the ECCN 

heading and by revising paragraph a.3., 

in the ‘‘Items’’ paragraph under the List 

of Items Controlled section, to read as 

follows: 

1B201 Filament winding machines (other 

than those controlled by ECCN 1B001 or 

1B101) and related equipment, as 

described in this ECCN (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

a. * * * 

a.3. Capable of winding cylindrical tubes 

with an internal diameter between 75 mm 

and 650 mm and lengths of 300 mm or 

greater; 

* * * * * 

■ 13. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

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

1B227 is removed. 

■ 14. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

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

1B228 is amended by revising the ECCN 

heading, by revising the ‘‘Related 

Definitions’’ paragraph under the List of 

Items Controlled section, and by 

revising paragraph d., in the ‘‘Items’’ 

paragraph under the List of Items 

Controlled section, to read as follows: 

1B228 Hydrogen cryogenic distillation 

columns having all of the characteristics 

described in this ECCN (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definitions: (1) The term ‘‘fine grain 

stainless steels,’’ for purposes of this 

ECCN, means fine grain austenitic stainless 

steels with an ASTM (or equivalent 

standard) grain size number of 5 or greater. 

(2) The term ‘‘effective length,’’ for 

purposes of this ECCN, means the active 

height of packing material in a packed-type 

column, or the active height of internal 

contactor plates in a plate-type column. 

Items: * * * 

d. With internal diameters of 30 cm or 

greater and ‘‘effective lengths’’ of 4 m or 

greater. 

■ 15. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

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

1B233 is amended by revising the ECCN 

heading, by revising the ‘‘Related 

Controls’’ paragraph under the List of 

Items Controlled section, and, in the 

‘‘Items’’ paragraph under the List of 

Items Controlled section, by revising the 

heading of paragraph b., by revising 

paragraph b.1., and by adding new 

paragraphs c. and d., immediately 

following paragraph b., to read as 

follows: 

1B233 Lithium isotope separation facilities 

or plants, and systems and equipment 

therefor (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: (1) See ECCN 1E001 

(‘‘development’’ and ‘‘production’’) and 

ECCN 1E201 (‘‘use’’) for technology for 

items described in this entry. (2) Facilities 

and plants described in 1B233.a are subject 

to the export licensing authority of the 

Nuclear Regulatory Commission (see 10 

CFR part 110). (3) Certain lithium isotope 

separation equipment and components for 

the plasma separation process (PSP) that 

are described in 1B233.b through .d are 

also directly applicable to uranium isotope 

separation and are subject to the export 

licensing authority of the Nuclear 

Regulatory Commission (see 10 CFR part 

110). 

* * * * * 

Items: 

a. * * * 

b. Equipment for the separation of lithium 

isotopes based on the lithium-mercury 

amalgam process, as follows: 

b.1. Packed liquid-liquid exchange 

columns ‘‘specially designed’’ for lithium 

amalgams; 

* * * * * 

c. Ion exchange systems ‘‘specially 

designed’’ for lithium isotope separation, and 

‘‘specially designed’’ component parts 

therefor; 

d. Chemical exchange systems (employing 

crown ethers, cryptands, or lariat ethers) 

‘‘specially designed’’ for lithium isotope 

separation, and ‘‘specially designed’’ 

component parts therefor. 

■ 16. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ a new 

ECCN 1B234 is added, immediately 

following ECCN 1B233, to read as 

follows: 

1B234 High explosive containment vessels, 

chambers, containers, and other similar 

containment devices, not enumerated in 

ECCN 1B608 or in USML Category IV or 

V of the ITAR, designed for the testing 

of high explosives or explosive devices 

and having both of the characteristics 

described in this ECCN (see List of Items 

Controlled). 

License Requirements 

Reason for Control: NP, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NP applies to entire 

entry.

NP Column 1 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

LVS: N/A 

GBS: N/A 

CIV: N/A 

List of Items Controlled 

Related Controls: (1) Devices ‘‘specially 

designed’’ for the handling, control, 

activation, monitoring, detection, 

protection, discharge, or detonation of the 

articles enumerated in USML Category 

IV(a) and (b) are controlled by USML 

Category IV(c) of the ITAR (see 22 CFR 

parts 120 through 130). (2) See USML 

Category V of the ITAR (22 CFR parts 120 

through 130) for devices identified therein 

that are ‘‘specially designed’’ to fully 

contain explosives enumerated in USML 

Category V. (3) Also see ECCN 1B608 for 

‘‘equipment’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ repair, 

overhaul, or refurbishing of items 

controlled by ECCN 1C608 or USML 

Category V and not elsewhere specified on 

the USML. 

Related Definitions: N/A 

Items: 

a. Designed to fully contain an explosion 

equivalent to 2 kg of TNT or greater; and 

b. Having design elements or features 

enabling real time or delayed transfer of 

diagnostic or measurement information. 

■ 17. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

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


emcdonald on DSK67QTVN1PROD with RULES2
46326 Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 

1C216 is amended by revising the ECCN 

heading to read as follows: 

1C216 Maraging steel, other than that 

controlled by 1C116, ‘‘capable of’’ an 

ultimate tensile strength of 1,950 MPa or 

more, at 293 K (20 ≥C). 

* * * * * 

■ 18. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

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

1C236 is amended by revising the ECCN 

heading and by revising the ‘‘ECCN 

Controls’’ paragraph and the ‘‘Items’’ 

paragraph, under the List of Items 

Controlled section, to read as follows: 

1C236 Radionuclides appropriate for 

making neutron sources based on alphan reaction and products or devices 

containing such radionuclides (see List 

of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definitions: * * * 

ECCN Controls: This entry does not control 

a product or device containing less than 

3.7 GBq (100 millicuries) of activity. 

Items: 

a. Radionuclides identified in 1C236.a.1 in 

any of the forms described in 1C236.a.2: 

a.1. Radionuclides, as follows, appropriate 

for making neutron sources based on alphan reactions: 

a.1.a. Actinium 225; 

a.1.b. Actinium 227; 

a.1.c. Californium 253; 

a.1.d. Curium 240; 

a.1.e. Curium 241; 

a.1.f. Curium 242; 

a.1.g. Curium 243; 

a.1.h. Curium 244; 

a.1.i. Einsteinium 253; 

a.1.j. Einsteinium 254; 

a.1.k. Gadolinium 148; 

a.1.l. Plutonium 236; 

a.1.m. Plutonium 238; 

a.1.n. Polonium 208; 

a.1.o. Polonium 209; 

a.1.p. Polonium 210; 

a.1.q. Radium 223; 

a.1.r. Thorium 227; 

a.1.s. Thorium 228; 

a.1.t. Uranium 230; 

a.1.u. Uranium 232; and 

a.2. In any of the following forms: 

a.2.a. Elemental; 

a.2.b. Compounds having a total activity of 

37 GBq (1 curie) per kg or greater; or 

a.2.c. Mixtures having a total activity of 37 

GBq (1 curie) per kg or greater. 

b. Products or devices containing 

radionuclides identified in 1C236.a.1 in any 

of the forms described in 1C236.a.2. 

■ 19. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ a new 

ECCN 1C241 is added, immediately 

following ECCN 1C240, to read as 

follows: 

1C241 Rhenium and alloys containing 

rhenium (see List of Items Controlled). 

License Requirements 

Reason for Control: NP, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NP applies to entire 

entry.

NP Column 1 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

LVS: N/A 

GBS: N/A 

CIV: N/A 

List of Items Controlled 

Related Controls: N/A 

Related Definitions: N/A 

Items: 

a. Rhenium and alloys containing rhenium, 

as follows, having both of the characteristics 

described in 1C241.b: 

a.1. Alloys containing 90% by weight or 

more of rhenium; 

a.2. Alloys containing 90% by weight or 

more of any combination of rhenium and 

tungsten; and 

b. Having both of the following 

characteristics: 

b.1. In forms with a hollow cylindrical 

symmetry (including cylinder segments) with 

an inside diameter between 100 mm and 300 

mm; and 

b.2. A mass greater than 20 kg. 

■ 20. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

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

1E001 is amended by revising the 

‘‘Control(s)’’ language for ‘‘Country 

Chart—NP Column 1’’ in the License 

Requirements section to read as follows: 

1E001 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ or ‘‘production’’ of items 

controlled by 1A001.b, 1A001.c, 1A002, 

1A003, 1A004, 1A005, 1A006.b, 1A007, 

1A008 1A101, 1B (except 1B608, 1B613 

or 1B999), or 1C (except 1C355, 1C608, 

1C980 to 1C984, 1C988, 1C990, 1C991, 

1C995 to 1C999). 

License Requirements 

Reason for Control: NS, MT, NP, CB, RS, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

* * * * * 

NP applies to ‘‘technology’’ for items 

controlled by 

1A002, 1A007, 

1B001, 1B101, 

1B201, 1B225, 

1B226, 1B228 to 

1B234, 1C002, 

1C010, 1C111, 

1C116, 1C202, 

1C210, 1C216, 

1C225 to 1C237, 

or 1C239 to 1C241 

for NP reasons.

NP Column 1 

* * * * * 

* * * * * 

■ 21. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

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

1E201 is amended by revising the ECCN 

heading to read as follows: 

1E201 ‘‘Technology’’ according to the 

General Technology Note for the ‘‘use’’ 

of items controlled by 1A002, 1A007, 

1A202, 1A225 to 1A227, 1B201, 1B225, 

1B226, 1B228 to 1B232, 1B233.b, 1B234, 

1C002.b.3 and b.4, 1C010.a, 1C010.b, 

1C010.e.1, 1C202, 1C210, 1C216, 1C225 

to 1C237, 1C239 to 1C241 or 1D201. 

* * * * * 

■ 22. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

2—Materials Processing, ECCN 2A225 is 

amended by revising the heading of the 

ECCN and, in the ‘‘Items’’ paragraph 

under the List of Items Controlled 

section, by revising paragraph a.1., by 

revising the introductory text of 

paragraph a.2., by revising paragraph 

b.1., and by revising paragraph c.1. to 

read as follows: 

2A225 Crucibles made of materials 

resistant to liquid actinide metals (see 

List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. * * * 

a.1. A volume of between 150 cm3 (150 ml) 

and 8,000 cm3 (8 liters); and 

a.2. Made of, or coated with, any of the 

following materials, or combination of the 

following materials, having an overall 

impurity level of 2% or less by weight: 

* * * * * 

b. * * * 

b.1. A volume of between 50 cm3 (50 ml) 

and 2,000 cm3 (2 liters); and 

* * * * * 

c. * * * 


emcdonald on DSK67QTVN1PROD with RULES2
Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 46327 

c.1. A volume of between 50 cm3 (50 ml) 

and 2,000 cm3 (2 liters); 

* * * * * 

■ 23. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

2—Materials Processing, ECCN 2B006 is 

amended by revising the License 

Requirements section to read as follows: 

2B006 Dimensional inspection or 

measuring systems, equipment, and 

‘‘electronic assemblies’’, as follows (see 

List of Items Controlled). 

License Requirements 

Reason for Control: NS, NP, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NS applies to entire 

entry.

NS Column 2 

NP applies to those 

items in 2B006.a 

that meet or exceed the technical 

parameters in 

2B206.a and to all 

items in 2B006.b, 

except those in 

2B006.b.1.d.

NP Column 1 

AT applies to entire 

entry.

AT Column 1 

* * * * * 

■ 24. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

2—Materials Processing, ECCN 2B201 is 

amended by revising the ECCN heading 

and the List of Items Controlled section 

to read as follows: 

2B201 Machine tools, and any combination 

thereof, other than those controlled by 

2B001, for removing or cutting metals, 

ceramics or ‘‘composites,’’ which, 

according to manufacturer’s technical 

specifications, can be equipped with 

electronic devices for simultaneous 

‘‘contouring control’’ in two or more 

axes. 

* * * * * 

List of Items Controlled 

Related Controls: (1) See ECCNs 2D002 and 

2D202 for ‘‘software’’ for items controlled 

by this entry. ‘‘Numerical control’’ units 

are controlled by their associated 

‘‘software’’. (2) See ECCNs 2E001 

(‘‘development’’), 2E002 (‘‘production’’), 

and 2E201 (‘‘use’’) for technology for items 

controlled under this entry. (3) Also see 

ECCNs 2B001, 2B290, and 2B991. 

Related Definitions: N/A 

Items: 

Note: 2B201 does not control special 

purpose machine tools limited to the 

manufacture of any of the following parts: 

a. Gears; 

b. Crank shafts or cam shafts; 

c. Tools or cutters; 

d. Extruder worms; 

Technical Note: The identified positioning 

accuracy values in this entry are based on 

ISO 230/2 (2006), which equates to the 

values based on ISO 230/2 (1988) that are 

used by the Nuclear Supplier’s Group (NSG). 

In 2B201.a and .b.1, this results in a change 

from 6 mm to 4.5 mm. In paragraph .b of the 

Note to 2B201.b, the resulting change is from 

30 mm to 22.5 mm, In 2B201.c, the resulting 

change is from 4 mm to 3 mm. 

a. Machine tools for turning, that have 

positioning accuracies according to ISO 230/ 

2 (2006) with all compensations available 

better (less) than 4.5 mm along any linear axis 

(overall positioning) for machines capable of 

machining diameters greater than 35 mm; 

Note to 2B201.a: 2B201.a does not control 

bar machines (Swissturn), limited to 

machining only bar feed thru, if maximum 

bar diameter is equal to or less than 42 mm 

and there is no capability of mounting 

chucks. Machines may have drilling and/or 

milling capabilities for machining parts with 

diameters less than 42 mm. 

b. Machine tools for milling, having any of 

the following characteristics: 

b.1. Positioning accuracies according to 

ISO 230/2 (2006) with ‘‘all compensations 

available’’ equal to or less (better) than 4.5 

mm along any linear axis (overall 

positioning); 

b.2. Two or more contouring rotary axes; or 

b.3. Five or more axes which can be 

coordinated simultaneously for ‘‘contouring 

control.’’ 

Note to 2B201.b: 2B201.b does not control 

milling machines having the following 

characteristics: 

a. X-axis travel greater than 2 m; and 

b. Overall positioning accuracy according 

to ISO 230/2 (2006) on the x-axis more 

(worse) than 22.5 mm. 

c. Machine tools for grinding, having any 

of the following characteristics: 

c.1. Positioning accuracies according to 

ISO 230/2 (2006) with ‘‘all compensations 

available’’ equal to or less (better) than 3 mm 

along any linear axis (overall positioning); 

c.2. Two or more contouring rotary axes; or 

c.3. Five or more axes which can be 

coordinated simultaneously for ‘‘contouring 

control.’’ 

Note to 2B201.c: 2B201.c does not control 

the following grinding machines: 

a. Cylindrical external, internal, and 

external-internal grinding machines having 

all of the following characteristics: 

1. Limited to a maximum workpiece 

capacity of 150 mm outside diameter or 

length; and 

2. Axes limited to x, z and c. 

b. Jig grinders that do not have a z-axis or 

a w-axis with an overall positioning accuracy 

less (better) than 3 microns. Positioning 

accuracy is according to ISO 230/2 (2006). 

Technical Note: 2B201.b.3 and c.3 include 

machines based on a parallel linear 

kinematic design (e.g. hexapods) that have 5 

or more axes none of which are rotary axes. 

■ 25. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

2—Materials Processing, ECCN 2B206 is 

amended by revising ‘‘Items’’ paragraph, 

under the List of Items Controlled 

section, to read as follows: 

2B206 Dimensional inspection machines, 

instruments or systems, other than those 

described in 2B006, as follows (see List 

of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. Computer controlled or numerically 

controlled coordinate measuring machines 

(CMM) with either of the following 

characteristics: 

a.1. Having only two axes with a maximum 

permissible error of length measurement 

along any axis (one dimension), identified as 

any combination of E0x MPE, E0y MPE or E0z

MPE, equal to or less (better) than (1.25 + L/ 

1000) mm (where L is the measured length in 

mm) at any point within the operating range 

of the machine (i.e., within the length of the 

axis), according to ISO 10360–2 (2009); or 

a.2. Having three or more axes with a three 

dimensional (volumetric) maximum 

permissible error of length measurement, 

identified as E0, MPE, equal to or less (better) 

than (1.7 + L/800) mm (where L is the 

measured length in mm) at any point within 

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

within the length of the axis), according to 

ISO 10360–2 (2009). 

Technical Note: The E0, MPE of the most 

accurate configuration of the CMM specified 

according to ISO 10360–2 (2009) 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 + 1/ 

800 mm threshold. 

b. Systems for simultaneously linearangular inspection of hemishells, having both 

of the following characteristics: 

b.1. ‘‘Measurement uncertainty’’ along any 

linear axis equal to or less (better) than 3.5 

mm per 5 mm; and 

b.2. ‘‘Angular position deviation’’ equal to 

or less than 0.02°. 

Technical Note: All parameters of 

measurement values in this entry represent 

plus/minus, i.e., not total band. 

ECCN 2B206 Control Notes: 1. Machine 

tools that can be used as measuring machines 

are controlled by ECCN 2B206 if they meet 

or exceed the control parameters specified in 

this entry for the measuring machine 

function. 2. The machines described in ECCN 

2B206 are controlled by this entry if they 

exceed the specified control threshold 

anywhere in their operating range. 

■ 26. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

2—Materials Processing, ECCN 2B230 is 

amended by revising the ECCN heading 

and by revising the ‘‘Related 

Definitions’’ paragraph and the ‘‘Items’’ 

paragraph, under the List of Items 

Controlled section, to read as follows: 

2B230 All types of ‘‘pressure transducers’’ 

capable of measuring absolute pressures 

and having all of the characteristics 

described in this ECCN (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: * * * 


emcdonald on DSK67QTVN1PROD with RULES2
46328 Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 

Related Definitions: (1) For purposes of this 

entry, ‘‘pressure transducers’’ are devices 

that convert pressure measurements into a 

signal. (2) For purposes of this entry, 

‘‘accuracy’’ includes non-linearity, 

hysteresis and repeatability at ambient 

temperature. 

Items: 

a. Pressure sensing elements made of or 

protected by aluminum, aluminum alloy, 

aluminum oxide (alumina or sapphire), 

nickel, nickel alloy with more than 60% 

nickel by weight, or fully fluorinated 

hydrocarbon polymers; 

b. Seals, if any, essential for sealing the 

pressure sensing element, and in direct 

contact with the process medium, made of or 

protected by aluminum, aluminum alloy, 

aluminum oxide (alumina or sapphire), 

nickel, nickel alloy with more than 60% 

nickel by weight, or fully fluorinated 

hydrocarbon polymers; and 

c. Either of the following characteristics: 

c.1. A full scale of less 13 kPa and an 

‘‘accuracy’’ of better than ± 1% of full scale; 

or 

c.2. A full scale of 13 kPa or greater and 

an ‘‘accuracy’’ of better than ± 130 Pa when 

measuring at 13 kPa. 

■ 27. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

2—Materials Processing, ECCN 2B231 is 

amended by revising the ECCN heading 

and by revising the ‘‘Related Controls’’ 

paragraph, under the List of Items 

Controlled section, to read as follows: 

2B231 Vacuum pumps having all of the 

characteristics described in this ECCN 

(see List of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: (1) See ECCNs 2E001 

(‘‘development’’), 2E002 (‘‘production’’), 

and 2E201 (‘‘use’’) for ‘‘technology’’ for 

items controlled under this entry. (2) Also 

see bellows-sealed scroll-type compressors 

and bellows-sealed scroll-type vacuum 

pumps controlled under ECCN 2B233. (3) 

Vacuum pumps ‘‘specially designed’’ or 

prepared for the separation of uranium 

isotopes are subject to the export licensing 

authority of the Nuclear Regulatory 

Commission (see 10 CFR part 110). 

Related Definitions: * * * 

* * * * * 

■ 28. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

2—Materials Processing, ECCN 2B232 is 

amended by revising the ECCN heading 

to read as follows: 

2B232 High-velocity gun systems 

(propellant, gas, coil, electromagnetic, 

and electrothermal types, and other 

advanced systems) capable of 

accelerating projectiles to 1.5 km/s or 

greater. 

* * * * * 

■ 29. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

2—Materials Processing, add a new 

ECCN 2B233, immediately following 

ECCN 2B232, to read as follows: 

2B233 Bellows-sealed scroll-type 

compressors and bellows-sealed scrolltype vacuum pumps having all of the 

characteristics described in this ECCN 

(see List of Items Controlled). 

License Requirements 

Reason for Control: NP, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NP applies to entire 

entry.

NP Column 1 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

LVS: N/A 

GBS: N/A 

CIV: N/A 

List of Items Controlled 

Related Controls: (1) See ECCNs 2E001 

(‘‘development’’), 2E002 (‘‘production’’), 

and 2E201 (‘‘use’’) for ‘‘technology’’ for 

items controlled under this entry. (2) Also 

see vacuum pumps controlled under ECCN 

2B231. (3) Vacuum pumps ‘‘specially 

designed’’ or prepared for the separation of 

uranium isotopes are subject to the export 

licensing authority of the Nuclear 

Regulatory Commission (see 10 CFR part 

110). 

Related Definitions: N/A 

Items: 

a. Capable of an inlet volume flow rate of 

50 m3/h or greater; 

b. Capable of a pressure ratio of 2:1 or 

greater; and 

c. Having all surfaces that come in contact 

with the process gas made from any of the 

following: 

c.1. Aluminum or aluminum alloy; 

c.2. Aluminum oxide; 

c.3. Stainless steel; 

c.4. Nickel or nickel alloy; 

c.5. Phosphor bronze; or 

c.6. Fluoropolymers. 

Technical Notes: 1. In a scroll compressor 

or vacuum pump, crescent-shaped pockets of 

gas are trapped between one or more pairs of 

intermeshed spiral vanes, or scrolls, one of 

which moves while the other remains 

stationary. The moving scroll orbits the 

stationary scroll; it does not rotate. As the 

moving scroll orbits the stationary scroll, the 

gas pockets diminish in size (i.e., they are 

compressed) as they move toward the outlet 

port of the machine. 

2. In a bellows-sealed scroll compressor or 

vacuum pump, the process gas is totally 

isolated from the lubricated parts of the 

pump and from the external atmosphere by 

a metal bellows. One end of the bellows is 

attached to the moving scroll and the other 

end is attached to the stationary housing of 

the pump. 

3. Fluoropolymers include, but are not 

limited to, the following materials: 

a. Polytetrafluoroethylene (PTFE); 

b. Fluorinated Ethylene Propylene (FEP); 

c. Perfluoroalkoxy (PFA); 

d. Polychlorotrifluoroethylene (PCTFE); 

and 

e. Vinylidene fluoridehexafluoropropylene copolymer. 

■ 30. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

2—Materials Processing, ECCN 2D201 is 

amended by revising the ECCN heading 

and by revising the ‘‘ECCN Controls’’ 

paragraph, under the List of Items 

Controlled section, to read as follows: 

2D201 ‘‘Software’’ ‘‘specially designed’’ or 

modified for the ‘‘use’’ of equipment 

controlled by 2B204, 2B206, 2B207, 

2B209, 2B227, or 2B229. 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definitions: * * * 

ECCN Controls: ‘‘Software’’ ‘‘specially 

designed’’ or modified for systems 

controlled by 2B206.b includes ‘‘software’’ 

for simultaneous measurements of wall 

thickness and contour. 

* * * * * 

■ 31. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

2—Materials Processing, ECCN 2D202 is 

amended by adding an ‘‘ECCN 

Controls’’ paragraph, between the 

‘‘Related Definitions’’ paragraph and the 

‘‘Items’’ paragraph under the List of 

Items Controlled section, to read as 

follows: 

2D202 ‘‘Software’’ ‘‘specially designed’’ or 

modified for the ‘‘development’’, 

‘‘production’’ or ‘‘use’’ of equipment 

controlled by 2B201. 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definitions: * * * 

ECCN Controls: ECCN 2D202 does not 

control part programming ‘‘software’’ that 

generates ‘‘numerical control’’ command 

codes, but does not allow direct use of 

equipment for machining various parts. 

* * * * * 

■ 32. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

2—Materials Processing, ECCN 2E001 is 

amended by revising the ‘‘Control(s)’’ 

language for ‘‘Country Chart—NP 

Column 1’’ in the License Requirements 

section to read as follows: 

2E001 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ of equipment or 

‘‘software’’ controlled by 2A (except 

2A983, 2A984, 2A991, or 2A994), 2B 

(except 2B991, 2B993, 2B996, 2B997, or 

2B998), or 2D (except 2D983, 2D984, 

2D991, 2D992, or 2D994). 

License Requirements 

Reason for Control: * * * 


emcdonald on DSK67QTVN1PROD with RULES2
Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 46329 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

*****

NP applies to ‘‘technology’’ for items 

controlled by 

2A225, 2A226, 

2B001, 2B004, 

2B006, 2B007, 

2B009, 2B104, 

2B109, 2B116, 

2B201, 2B204, 

2B206, 2B207, 

2B209, 2B225 to 

2B233, 2D001, 

2D002, 2D101, 

2D201 or 2D202 

for NP reasons.

NP Column 1 

*****

* * * * * 

■ 33. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

2—Materials Processing, ECCN 2E002 is 

amended by revising the ‘‘Control(s)’’ 

language for ‘‘Country Chart—NP 

Column 1’’ in the License Requirements 

section to read as follows: 

2E002 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘production’’ of equipment controlled 

by 2A (except 2A983, 2A984, 2A991, or 

2A994), or 2B (except 2B991, 2B993, 

2B996, 2B997, or 2B998). 

License Requirements 

Reason for Control: * * * 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

*****

NP applies to ‘‘technology’’ for equipment controlled by 

2A225, 2A226, 

2B001, 2B004, 

2B006, 2B007, 

2B009, 2B104, 

2B109, 2B116, 

2B201, 2B204, 

2B206, 2B207, 

2B209, 2B225 to 

2B233 for NP reasons.

NP Column 1 

*****

* * * * * 

■ 34. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

2—Materials Processing, ECCN 2E201 is 

amended by revising the ECCN heading 

to read as follows: 

2E201 ‘‘Technology’’ according to the 

General Technology Note for the ‘‘use’’ 

of equipment or ‘‘software’’ controlled 

by 2A225, 2A226, 2B001, 2B006, 

2B007.b, 2B007.c, 2B201, 2B204, 2B206, 

2B207, 2B209, 2B225 to 2B233, 2D002, 

2D201 or 2D202 for NP reasons. 

* * * * * 

■ 35. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3 

Electronics, ECCN 3A225 is amended by 

revising the ECCN heading and by 

revising the ‘‘Related Controls’’ 

paragraph and the ‘‘Items’’ paragraph, 

under the List of Items Controlled 

section, to read as follows: 

3A225 Frequency changers (a.k.a. 

converters or inverters) and generators, 

except those subject to the export 

licensing authority of the Nuclear 

Regulatory Commission (see 10 CFR 

part 110), that are usable as a variable 

frequency or fixed frequency motor 

drive and have all of the characteristics 

described in this ECCN (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: (1) See ECCN 3D201 for 

‘‘software’’ ‘‘specially designed’’ for the 

‘‘use’’ of equipment described in this entry. 

(2) See ECCN 3D202 for ‘‘software’’ 

‘‘specially designed’’ to enhance or release 

the performance characteristics of 

frequency changers or generators to meet or 

exceed the level of the performance 

characteristics described in this entry. (3) 

See ECCNs 3E001 (‘‘development’’ and 

‘‘production’’) and 3E201 (‘‘use’’) for 

‘‘technology’’ for items controlled under 

this entry. (4) Frequency changers (a.k.a. 

converters or inverters) ‘‘specially 

designed’’ or prepared for use in separating 

uranium isotopes are subject to the export 

licensing authority of the Nuclear 

Regulatory Commission (see 10 CFR part 

110). 

* * * * * 

Items: 

a. Multiphase output providing a power of 

40 VA or greater; 

b. Operating at a frequency of 600 Hz or 

more; and 

c. Frequency control better (less) than 

0.2%. 

Notes: 1. This ECCN controls frequency 

changers intended for use in specific 

industrial machinery and/or consumer goods 

(machine tools, vehicles, etc.) only if the 

frequency changers can meet the 

performance characteristics described in this 

entry when removed from the machinery 

and/or goods. This Note does not exclude 

from control under this entry any frequency 

changer described herein that is the principal 

element of a non-controlled item and can 

feasibly be removed or used for other 

purposes. 

2. To determine whether a particular 

frequency changer meets or exceeds the 

performance characteristics described in this 

entry, both hardware and ‘‘software’’ 

performance constraints must be considered. 

Technical Notes: 1. Frequency changers 

controlled by this ECCN are also known as 

converters or inverters. 

2. The performance characteristics 

described in this ECCN also may be met by 

certain equipment marketed as: Generators, 

electronic test equipment, AC power 

supplies, variable speed motor drives, 

variable speed drives (VSDs), variable 

frequency drives (VFDs), adjustable 

frequency drives (AFDs), or adjustable speed 

drives (ASDs). 

■ 36. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3 

Electronics, ECCN 3A229 is amended by 

revising the ECCN heading and, under 

the List of Items Controlled section, by 

revising the ‘‘Related Controls’’ 

paragraph, by revising the ‘‘Related 

Definitions’’ paragraph, by revising the 

‘‘ECCN Controls’’ paragraph, and by 

revising the ‘‘Items’’ paragraph, to read 

as follows: 

3A229 Firing sets and equivalent highcurrent pulse generators for detonators 

controlled by 3A232 (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: (1) See ECCNs 3E001 and 

1E001 (’’development’’ and ‘‘production’’) 

and 3E201 and 1E201 (‘‘use’’) for 

technology for items controlled under this 

entry. (2) See 1A007.a for explosive 

detonator firing sets designed to drive 

explosive detonators controlled by 

1A007.b. (3) High explosives and related 

equipment for military use are ‘‘subject to 

the ITAR’’ (see 22 CFR parts 120 through 

130). 

Related Definitions: N/A 

ECCN Controls: (1) Optically driven firing 

sets include both those employing laser 

initiation and laser charging. (2) 

Explosively driven firing sets include 

booth explosive ferroelectric and explosive 

ferromagnetic firing set types. (3) 3A229.b 

includes xenon flash-lamp drivers. 

Items: 

a. Detonator firing sets (initiation systems, 

firesets), including electronically-charged, 

explosively-driven and optically-driven 

firing sets designed to drive multiple 

controlled detonators controlled by 3A232; 

b. Modular electrical pulse generators 

(pulsers) having all of the following 

characteristics: 

b.1. Designed for portable, mobile, or 

ruggedized use; 

b.2. Capable of delivering their energy in 

less than 15 ms into loads of less than 40 W 

(ohms); 

b.3. Having an output greater than 100 A; 

b.4. No dimension greater than 30 cm; 

b.5. Weight less than 30 kg; and 

b.6. Specified for use over an extended 

temperature range 223 K (¥50 °C) to 373 K 

(100 °C) or specified as suitable for aerospace 

applications. 

c. Micro-firing units having all of the 

following characteristics: 

c.1. No dimension greater than 35 mm; 


emcdonald on DSK67QTVN1PROD with RULES2
46330 Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 

c.2. Voltage rating of equal to or greater 

than 1 kV; and 

c.3. Capacitance of equal to or greater than 

100 nF. 

■ 37. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3 

Electronics, ECCN 3A230 is amended by 

revising the ECCN heading and by 

revising the ‘‘Related Definitions’’ 

paragraph, under the List of Items 

Controlled section, to read as follows: 

3A230 High-speed pulse generators, and 

pulse heads therefor, having both of the 

following characteristics (see List of 

Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definitions: 1. In 3A230.b, the term 

‘‘pulse transition time’’ is defined as the 

time interval between 10% and 90% 

voltage amplitude. 2. Pulse heads are 

impulse forming networks designed to 

accept a voltage step function and shape it 

into a variety of pulse forms that can 

include rectangular, triangular, step, 

impulse, exponential, or monocycle types. 

Pulse heads can be an integral part of the 

pulse generator, they can be a plug-in 

module to the device or they can be an 

externally connected device. 

* * * * * 

■ 38. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3 

Electronics, ECCN 3A231 is amended by 

revising the ECCN heading and by 

revising paragraph b., in the ‘‘Items’’ 

paragraph under the List of Items 

Controlled section, to read as follows: 

3A231 Neutron generator systems, 

including tubes, having both of the 

characteristics described in this ECCN 

(see List of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definitions: * * * 

Items: * * * 

b. Utilizing electrostatic acceleration to 

induce: 

b.1. A tritium-deuterium nuclear reaction; 

or 

b.2. A deuterium-deuterium nuclear 

reaction and capable of an output of 3 × 109

neutrons/s or greater. 

■ 39. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3 

Electronics, ECCN 3A233 is amended, 

in the ‘‘Items’’ paragraph under the List 

of Items Controlled section, by revising 

paragraph d., by removing paragraph e., 

by redesignating paragraph f. as new 

paragraph e., and by adding three 

Technical Notes at the end of the entry 

to read as follows: 

3A233 Mass spectrometers, capable of 

measuring ions of 230 atomic mass units 

or greater and having a resolution of 

better than 2 parts in 230, and ion 

sources therefor, excluding items that 

are subject to the export licensing 

authority of the Nuclear Regulatory 

Commission (see 10 CFR part 110). 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definitions: * * * 

Items: * * * 

d. Electron bombardment mass 

spectrometers having both of the following 

features: 

d.1. A molecular beam inlet system that 

injects a collimated beam of analyte 

molecules into a region of the ion source 

where the molecules are ionized by an 

electron beam; and 

d.2. One or more cold traps that can be 

cooled to a temperature of 193 K (¥80 °C) 

or less in order to trap analyte molecules that 

are not ionized by the electron beam; 

e. Mass spectrometers equipped with a 

microfluorination ion source designed for 

actinides or actinide fluorides. 

Technical Notes: 1. ECCN 3A233.d 

controls mass spectrometers that are typically 

used for isotopic analysis of UF6 gas samples. 

2. Electron bombardment mass 

spectrometers in ECCN 3A233.d are also 

known as electron impact mass 

spectrometers or electron ionization mass 

spectrometers. 

3. In ECCN 3A233.d.2, a ‘‘cold trap’’ is a 

device that traps gas molecules by 

condensing or freezing them on cold 

surfaces. For the purposes of this ECCN, a 

closed-loop gaseous helium cryogenic 

vacuum pump is not a cold trap. 

■ 40. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3 

Electronics, add new ECCN 3A234, 

immediately following ECCN 3A233, to 

read as follows: 

3A234 Striplines to provide low 

inductance path to detonators with the 

following characteristics (see List of 

Items Controlled). 

License Requirements 

Reason for Control: NP, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NP applies to entire 

entry.

NP Column 1 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

LVS: N/A 

GBS: N/A 

CIV: N/A 

List of Items Controlled 

Related Controls: N/A 

Related Definitions: N/A 

Items: 

a. Voltage rating greater than 2 kV; and 

b. Inductance of less than 20 nH. 

■ 41. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3 

Electronics, add new ECCNs 3D201 and 

3D202 in numerical order, immediately 

following ECCN 3D101, to read as 

follows: 

3D201 ‘‘Software’’ ‘‘specially designed’’ for 

the ‘‘use’’ of equipment described in 

ECCN 3A225. 

License Requirements 

Reason for Control: NP, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NP applies to entire 

entry.

NP Column 1 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

CIV: N/A 

TSR: N/A 

List of Items Controlled 

Related Controls: See ECCN 3E202 

(‘‘development,’’ ‘‘production,’’ and ‘‘use’’) 

for ‘‘technology’’ for items controlled 

under this entry. 

Related Definitions: N/A 

Items: The list of items controlled is 

contained in the ECCN heading. 

3D202 ‘‘Software’’ ‘‘specially designed’’ to 

enhance or release the performance 

characteristics of frequency changers or 

generators to meet or exceed the level of 

the performance characteristics 

described in ECCN 3A225. 

License Requirements 

Reason for Control: NP, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NP applies to entire 

entry.

NP Column 1 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

CIV: N/A 

TSR: N/A 

List of Items Controlled 

Related Controls: See ECCN 3E202 

(‘‘development,’’ ‘‘production,’’ and ‘‘use’’) 

for ‘‘technology’’ for items controlled 

under this entry. 

Related Definitions: N/A 

Items: 

a. ‘‘Software’’ or encryption keys/codes 

‘‘specially designed’’ to enhance or release 

the performance characteristics of equipment 

not controlled by ECCN 3A225, so that such 

equipment meets or exceeds the performance 

characteristics of equipment controlled by 

that ECCN. 

b. ‘‘Software’’ ‘‘specially designed’’ to 

enhance or release the performance 


emcdonald on DSK67QTVN1PROD with RULES2
Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 46331 

characteristics of equipment controlled by 

ECCN 3A225. 

■ 42. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3 

Electronics, ECCN 3E001 is amended by 

revising the ‘‘Control(s)’’ language for 

‘‘Country Chart—NP Column 1’’ in the 

License Requirements section to read as 

follows: 

3E001 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ or ‘‘production’’ of 

equipment or materials controlled by 3A 

(except 3A292, 3A980, 3A981, 3A991 

3A992, or 3A999), 3B (except 3B991 or 

3B992) or 3C (except 3C992). 

License Requirements 

Reason for Control: * * * 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

*****

NP applies to ‘‘technology’’ for equipment controlled by 

3A001, 3A201, or 

3A225 to 3A234 for 

NP reasons.

NP Column 1 

*****

* * * * * 

■ 43. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3 

Electronics, ECCN 3E201 is amended by 

revising the ECCN heading and by 

revising the ‘‘Control(s)’’ language for 

‘‘Country Chart—NP Column 1’’ in the 

License Requirements section to read as 

follows: 

3E201 ‘‘Technology’’ according to the 

General Technology Note for the ‘‘use’’ 

of equipment controlled by 3A001.e.2 or 

.e.3, 3A201 or 3A225 to 3A234. 

License Requirements 

Reason for Control: * * * 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NP applies to ‘‘technology’’ for equipment controlled by 

3A001.e.2, or .e.3, 

3A201 or 3A225 to 

3A234 for NP reasons.

NP Column 1 

*****

* * * * * 

■ 44. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3 

Electronics, add new ECCN 3E202, 

immediately following ECCN 3E201, to 

read as follows: 

3E202 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development,’’ ‘‘production,’’ or ‘‘use’’ 

of ‘‘software’’ controlled by 3D201 or 

3D202. 

License Requirements 

Reason for Control: NP, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NP applies to entire 

entry.

NP Column 1 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

CIV: N/A 

TSR: N/A 

List of Items Controlled 

Related Controls: N/A 

Related Definitions: N/A 

Items: The list of items controlled is 

contained in the ECCN heading. 

■ 45. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors and Lasers, ECCN 6A003 is 

amended by revising the ‘‘Control(s)’’ 

language for ‘‘Country Chart—NP 

Column 1’’ in the License Requirements 

section to read as follows: 

6A003 Cameras, systems or equipment, 

and ‘‘components’’ therefor, as follows 

(see List of Items Controlled). 

License Requirements 

Reason for Control: * * * 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

*****

NP applies to cameras controlled by 

6A003.a.2, a.3 or 

a.4 and to plug-ins 

in 6A003.a.6 for 

cameras controlled 

by 6A003.a.3 or 

a.4.

NP Column 1 

*****

* * * * * 

■ 46. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors and Lasers, ECCN 6A005 is 

amended by revising the License 

Requirements section of the ECCN to 

read as follows: 

6A005 ‘‘Lasers,’’ ‘‘components’’ and optical 

equipment, as follows (see List of Items 

Controlled), excluding items that are 

subject to the export licensing authority 

of the Nuclear Regulatory Commission 

(see 10 CFR part 110). 

License Requirements 

Reason for Control: NS, NP, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NS applies to entire 

entry.

NS Column 2 

NP applies to lasers 

controlled by 

6A005.a.2, a.3, a.4, 

b.2.b, b.3, b.4, 

b.6.c, c.1.b, c.2.b, 

d.2, d.3.c, or d.4.c 

that meet or exceed the technical 

parameters described in 6A205.

NP Column 1 

AT applies to entire 

entry.

AT Column 1 

* * * * * 

■ 47. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors and Lasers, ECCN 6A203 is 

amended by revising the ECCN heading 

and by revising the ‘‘Items’’ paragraph, 

under the List of Items Controlled 

section, to read as follows: 

6A203 High-speed cameras, imaging 

devices and ‘‘components’’ therefor, 

other than those controlled by 6A003 

(see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. Streak cameras and ‘‘specially designed’’ 

components therefor, as follows: 

a.1. Streak cameras with writing speeds 

greater than 0.5 mm/ms; 

a.2. Electronic streak cameras capable of 50 

ns or less time resolution; 

a.3. Streak tubes for cameras described in 

6A203.a.2; 

a.4. Plug-ins, ‘‘specially designed’’ for use 

with streak cameras having modular 

structures, that enable the performance 

characteristics described in 6A203.a.1 or .a.2; 

a.5. Synchronizing electronics units, and 

rotor assemblies consisting of turbines, 

mirrors and bearings, that are ‘‘specially 

designed’’ for cameras described in 

6A203.a.1. 

b. Framing cameras and ‘‘specially 

designed’’ components therefor, as follows: 

b.1. Framing cameras with recording rates 

greater than 225,000 frames per second; 

b.2. Framing cameras capable of 50 ns or 

less frame exposure time; 

b.3. Framing tubes, and solid-state imaging 

devices, that have a fast image gating 

(shutter) time of 50 ns or less and are 

‘‘specially designed’’ for cameras described 

in 6A203.b.1 or .b.2; 

b.4. Plug-ins, ‘‘specially designed’’ for use 

with framing cameras having modular 

structures, that enable the performance 

characteristics described in 6A203.b.1 or .b.2; 


emcdonald on DSK67QTVN1PROD with RULES2
46332 Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 

b.5. Synchronizing electronic units, and 

rotor assemblies consisting of turbines, 

mirrors and bearings, that are ‘‘specially 

designed’’ for cameras described in 

6A203.b.1 or .b.2. 

c. Solid-state or electron tube cameras and 

‘‘specially designed’’ components therefor, as 

follows: 

c.1. Solid-state cameras, or electron tube 

cameras, with a fast image gating (shutter) 

time of 50 ns or less; 

c.2. Solid-state imaging devices, and image 

intensifiers tubes, that have a fast image 

gating (shutter) time of 50 ns or less and are 

‘‘specially designed’’ for cameras described 

in 6A203.c.1; 

c.3. Electro-optical shuttering devices (Kerr 

or Pockels cells) with a fast image gating 

(shutter) time of 50 ns or less; 

c.4. Plug-ins, ‘‘specially designed’’ for use 

with cameras having modular structures, that 

enable the performance characteristics 

described in 6A203.c.1. 

Technical Note: High speed single frame 

cameras can be used alone to produce a 

single image of a dynamic event, or several 

such cameras can be combined in a 

sequentially-triggered system to produce 

multiple images of an event. 

■ 48. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors and Lasers, ECCN 6A205 is 

amended by revising the ‘‘Items’’ 

paragraph, under the List of Items 

Controlled section, to read as follows: 

6A205 ‘‘Lasers’’, ‘‘laser’’ amplifiers and 

oscillators, other than those controlled 

by 0B001.g.5, 0B001.h.6, or 6A005, as 

follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definition: * * * 

Items: 

a. Copper vapor lasers having both of the 

following characteristics: 

a.1. Operating at wavelengths between 500 

nm and 600 nm; and 

a.2. An average output power equal to or 

greater than 30 W; 

b. Argon ion ‘‘lasers’’ having both of the 

following characteristics: 

b.1. Operating at wavelengths between 400 

nm and 515 nm; and 

b.2. An average output power greater than 

40 W; 

c. Neodymium-doped (other than glass) 

lasers with an output wavelength between 

1000 nm and 1100 nm having either of the 

following: 

c.1. Pulse-excited and Q-switched with a 

pulse duration equal to or greater than 1 ns, 

and having either of the following: 

c.1.a. A single-transverse mode output with 

an average output power greater than 40 W; 

or 

c.1.b. A multiple-transverse mode output 

with an average output power greater than 50 

W; or 

c.2. Incorporating frequency doubling to 

give an output wavelength between 500 nm 

and 550 nm with an average output power of 

greater than 40 W. 

d. Tunable pulsed single-mode dye laser 

oscillators having all of the following 

characteristics: 

d.1. Operating at wavelengths between 300 

nm and 800 nm; 

d.2. An average output greater than 1 W; 

d.3. A repetition rate greater than 1 kHz; 

and 

d.4. Pulse width less than 100 ns; 

e. Tunable pulsed dye laser amplifiers and 

oscillators having all of the following 

characteristics: 

e.1. Operating at wavelengths between 300 

nm and 800 nm; 

e.2. An average output greater than 30 W; 

e.3. A repetition rate greater than 1 kHz; 

and 

e.4. Pulse width less than 100 ns; 

Note to 6A205.e: 6A205.e does not control 

single mode oscillators. 

f. Alexandrite lasers having all of the 

following characteristics: 

f.1. Operating at wavelengths between 720 

nm and 800 nm; 

f.2. A bandwidth of 0.005 nm or less; 

f.3. A repetition rate greater than 125 Hz; 

and 

f.4. An average output power greater than 

30 W; 

g. Pulsed carbon dioxide ‘‘lasers’’ having 

all of the following characteristics: 

g.1. Operating at wavelengths between 

9,000 nm and 11,000 nm; 

g.2. A repetition rate greater than 250 Hz; 

g.3. An average output power greater than 

500 W; and 

g.4. Pulse width of less than 200 ns; 

Note to 6A205.g: 6A205.g does not control 

the higher power (typically 1 kW to 5 kW) 

industrial CO2 lasers used in applications 

such as cutting and welding, as these latter 

lasers are either continuous wave or are 

pulsed with a pulse width greater than 200 

ns. 

h. Pulsed excimer lasers (XeF, XeCl, KrF) 

having all of the following characteristics: 

h.1. Operating at wavelengths between 240 

nm and 360 nm; 

h.2. A repetition rate greater than 250 Hz; 

and 

h.3. An average output power greater than 

500 W; 

i. Para-hydrogen Raman shifters designed 

to operate at 16 micrometer output 

wavelength and at a repetition rate greater 

than 250 Hz.; 

j. Pulsed carbon monoxide lasers having all 

of the following characteristics: 

j.1. Operating at wavelengths between 

5,000 and 6,000 nm; 

j.2. A repetition rate greater than 250 Hz; 

j.3. An average output power greater than 

200 W; and 

j.4. Pulse width of less than 200 ns. 

Note to ECCN 6A205.j: 6A205.j does not 

control the higher power (typically 1 kW to 

5 kW) industrial CO lasers used in 

applications such as cutting and welding, 

because such lasers are either continuous 

wave or are pulsed with a pulse width greater 

than 200 ns. 

■ 49. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors and Lasers, ECCN 6A225 is 

amended by revising the ‘‘ECCN 

Controls’’ paragraph, under the List of 

Items Controlled section, to read as 

follows: 

6A225 Velocity interferometers for 

measuring velocities exceeding 1 km/s 

during time intervals of less than 10 

microseconds. 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definition: * * * 

ECCN Controls: 6A225 includes velocity 

interferometers, such as VISARs (Velocity 

Interferometer Systems for Any Reflector), 

DLIs (Doppler Laser Interferometers) and 

PDV (Photonic Doppler Velocimeters) also 

known as Het-V (Heterodyne 

Velocimeters). 

* * * * * 

■ 50. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors and Lasers, ECCN 6A226 is 

amended by revising the ‘‘Items’’ 

paragraph, under the List of Items 

Controlled section, to read as follows: 

6A226 Pressure sensors, as follows (see List 

of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definition: * * * 

Items: 

a. Shock pressure gauges capable of 

measuring pressures greater than 10 GPa (100 

kilobars), including gauges made with 

manganin, ytterbium, and polyvinylidene 

bifluoride (PVBF, PVF2); 

b. Quartz pressure transducers for 

pressures greater than 10 GPa (100 kilobars). 

■ 51. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors and Lasers, add new ECCN 

6D201, immediately following ECCN 

6D103, to read as follows: 

6D201 ‘‘Software’’ ‘‘specially designed’’ to 

enhance or release the performance 

characteristics of high-speed cameras 

and imaging devices, and components 

therefor, to meet or exceed the level of 

the performance characteristics 

described in ECCN 6A203. 

License Requirements 

Reason for Control: NP, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NP applies to entire 

entry.

NP Column 1 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

CIV: N/A 

TSR: N/A 


emcdonald on DSK67QTVN1PROD with RULES2
Federal Register / Vol. 79, No. 152 / Thursday, August 7, 2014 / Rules and Regulations 46333 

List of Items Controlled 

Related Controls: See ECCNs 6E001 

(‘‘development’’) and 6E202 (‘‘production’’ 

and ‘‘use’’) for ‘‘technology’’ for items 

controlled under this entry. 

Related Definitions: N/A 

Items: 

a. ‘‘Software’’ or encryption keys/codes 

‘‘specially designed’’ to enhance or release 

the performance characteristics of equipment 

not controlled by ECCN 6A203, or not 

controlled for NP reasons by ECCN 6A003, so 

that such equipment meets or exceeds the 

performance characteristics of equipment 

described in ECCN 6A203. 

b. ‘‘Software’’ or encryption keys/codes 

‘‘specially designed’’ to enhance or release 

the performance characteristics of equipment 

controlled by ECCN 6A203 or equipment 

controlled by ECCN 6A003 that meets or 

exceeds the performance characteristics 

described in ECCN 6A203. 

■ 52. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors and Lasers, ECCN 6E001 is 

amended by revising the ‘‘Control(s)’’ 

language for ‘‘Country Chart—NP 

Column 1’’ in the License Requirements 

section to read as follows: 

6E001 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ of equipment, materials 

or ‘‘software’’ controlled by 6A (except 

6A991, 6A992, 6A994, 6A995, 6A996, 

6A997, or 6A998), 6B (except 6B995), 6C 

(except 6C992 or 6C994), or 6D (except 

6D991, 6D992, or 6D993). 

License Requirements 

Reason for Control: * * * 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

* * * * * 

NP applies to ‘‘technology’’ for items 

controlled by 

6A003, 6A005, 

6A202, 6A203, 

6A205, 6A225, 

6A226, 6D001, or 

6D201 for NP reasons.

NP Column 1 

* * * * * 

* * * * * 

■ 53. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors and Lasers, add new ECCN 

6E202, immediately following ECCN 

6E201, to read as follows: 

6E202 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘production’’ or ‘‘use’’ of ‘‘software’’ 

controlled by 6D201. 

License Requirements 

Reason for Control: NP, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

NP applies to entire 

entry.

NP Column 1 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

CIV: N/A 

TSR: N/A 

List of Items Controlled 

Related Controls: N/A 

Related Definitions: N/A 

Items: The list of items controlled is 

contained in the ECCN heading. 

Dated: July 25, 2014. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2014–18064 Filed 8–6–14; 8:45 am] 

BILLING CODE 3510–33–P 


emcdonald on DSK67QTVN1PROD with RULES2