Vol. 78 Monday, 

No. 130 July 8, 2013 

Part III 

Department of Commerce 

Bureau of Industry and Security 

15 CFR Parts 740, 742, 770, et al. 

Revisions to the Export Administration Regulations: Military Vehicles; 

Vessels of War; Submersible Vessels, Oceanographic Equipment; Related 

Items; and Auxiliary and Miscellaneous Items That the President 

Determines No Longer Warrant Control Under the United States Munitions 

List; Final Rule 


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40892 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740, 742, 770, 772 and 

774 

[Docket No. 110928603–3298–01] 

RIN 0694–AF39 

Revisions to the Export Administration 

Regulations: Military Vehicles; Vessels 

of War; Submersible Vessels, 

Oceanographic Equipment; Related 

Items; and Auxiliary and Miscellaneous 

Items That the President Determines 

No Longer Warrant Control Under the 

United States Munitions List 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: This rule adds to the Export 

Administration Regulations (EAR) 

controls on military vehicles and related 

items; vessels of war and related items; 

submersible vessels, oceanographic 

equipment and related items; and 

auxiliary and miscellaneous items that 

the President has determined no longer 

warrant control on the United States 

Munitions List (USML). This rule also 

adds to the EAR controls on items 

within the scope of the Munitions List 

(WAML) of the Wassenaar Arrangement 

on Export Controls for Conventional 

Arms and Dual-Use Goods and 

Technologies (Wassenaar Arrangement) 

that are not specifically identified on 

the USML or the Commerce Control List 

(CCL) but that were subject to USML 

jurisdiction. Finally, this rule moves 

certain items that were already subject 

to the EAR to the new Export Control 

Classification Numbers (ECCNs) created 

by this rule. This rule is being published 

in conjunction with the publication of a 

Department of State, Directorate of 

Defense Trade Controls rule revising 

USML Categories VII, VI, XX, and XIII 

to control those articles the President 

has determined warrant control in those 

Categories of the USML. Both rules are 

part of the President’s Export Control 

Reform Initiative. The revisions in this 

final rule are also part of Commerce’s 

retrospective regulatory review plan 

under Executive Order (EO) 13563. 

DATES: This rule is effective January 6, 

2014. 

ADDRESSES: Commerce’s full plan can be 

accessed at: http://open.commerce.gov/ 

news/2011/08/23/commerce-planretrospective-analysis-existing-rules. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding ground vehicles and 

related items controlled under ECCNs 

0Y606, contact Gene Christiansen, 

Office of National Security and 

Technology Transfer Controls, at 202– 

482–2984 or 

gene.christiansen@bis.doc.gov. 

For questions regarding surface 

vessels and related items controlled 

under ECCNs 8Y609 or submersible 

vessels and related items controlled 

under ECCNs 8Y620, contact Alexander 

Lopes, Office of Nonproliferation and 

Treaty Compliance, at 202–482–4875 or 

alexander.lopes@bis.doc.gov. 

For questions regarding miscellaneous 

equipment, materials, and related items 

controlled under ECCNs 0Y617, contact 

Michael Rithmire, Office of National 

Security and Technology Transfer 

Controls, at 202–482–6105 or 

michael.rithmire@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

This final rule is published by the 

Bureau of Industry and Security (BIS) as 

part of the Administration’s Export 

Control Reform (ECR) Initiative. 

President Obama directed the 

Administration in August 2009 to 

conduct a broad-based review of the 

U.S. export control system to identify 

additional ways to enhance national 

security. In April 2010, then-Secretary 

of Defense Robert M. Gates, describing 

the initial results of that effort, 

explained that fundamental reform of 

the U.S. export control system is 

necessary to enhance our national 

security. The implementation of ECR 

includes amendment of the 

International Traffic in Arms 

Regulations (ITAR) and its U.S. 

Munitions List (USML), so that they 

control only those items that provide 

the United States with a critical military 

or intelligence advantage or otherwise 

warrant such controls, and amendment 

of the Export Administration 

Regulations (EAR) to control military 

items that do not warrant USML 

controls. This series of amendments to 

the ITAR and the EAR will reform the 

U.S. export control system to enhance 

our national security by: (i) Improving 

the interoperability of U.S. military 

forces with allied countries; (ii) 

strengthening the U.S. industrial base 

by, among other things, reducing 

incentives for foreign manufacturers to 

design out and avoid U.S.-origin content 

and services; and (iii) allowing export 

control officials to focus government 

resources on transactions that pose 

greater national security, foreign policy, 

or proliferation concerns than those 

involving our NATO allies and other 

multi-regime partners. 

On July 15, 2011, as part of the ECR, 

BIS published a proposed rule (76 FR 

41958) that set forth a framework for 

how articles the President determines, 

in accordance with section 38(f) of the 

Arms Export Control Act (AECA), 

would no longer warrant control on the 

USML would be controlled on the 

EAR’s Commerce Control List (CCL) 

(herein ‘‘the July 15 (framework) rule’’). 

On April 16, 2013, BIS published a 

final rule setting forth the framework for 

adding to the CCL items that the 

President has determined no longer 

warrant control on the USML through 

the creation of ‘‘600 series’’ Export 

Control Classification Numbers (ECCNs) 

(78 FR 22660, April, 16, 2013 (herein 

the ‘‘April 16 (initial implementation) 

rule’’). That structure is described at 78 

FR 22662 and is not repeated here. This 

rule generally follows that structure in 

creating new ‘‘600 series’’ ECCNs to 

control certain military vehicles and 

related items; vessels of war and related 

items; submersible vessels, 

oceanographic equipment and related 

items; and auxiliary and miscellaneous 

items on the CCL. Pursuant to a rule 

published concurrently with this rule by 

the Department of State, the items are 

being removed from the USML because 

the President has determined they no 

longer warrant control on the USML. 

The changes described in this rule 

and the State Department’s rule 

amending Categories VI, VII, XIII, and 

XX of the USML are based on a review 

of those categories by the Defense 

Department, which worked with the 

Departments of State and Commerce in 

preparing the amendments. The review 

was focused on identifying the types of 

articles that are now controlled by the 

USML that either (i) are inherently 

military and otherwise warrant control 

on the USML, or (ii) if of a type common 

to civil applications, possess parameters 

or characteristics that provide a critical 

military or intelligence advantage to the 

United States and that are almost 

exclusively available from the United 

States. If an article was found to satisfy 

either or both of those criteria, the 

article remains on the USML. If an 

article was found not to satisfy either 

criterion, but is nonetheless a type of 

article that is, as a result of differences 

in form and fit, ‘‘specially designed’’ for 

military applications, then it is 

identified in one of the new ‘‘600 

series’’ ECCNs created by this rule. 

Section 38(f) of the AECA (22 U.S.C. 

2778(f)) obligates the President to 

review the USML ‘‘to determine what 

items, if any, no longer warrant export 

controls under’’ the AECA. The 

President must report the results of the 

review to Congress and wait 30 days 

before removing any such items from 

the USML. The report must ‘‘describe 


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Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 40893 

the nature of any controls to be imposed 

on that item under any other provision 

of law.’’ 22 U.S.C. 2778(f)(1). The 

Department of State made the 

congressional notification required by 

Section 38(f) of the AECA for removal 

of these items from the USML. 

All references to the USML in this 

rule are to the list of defense articles 

that are controlled for purposes of 

export, temporary import, or brokering 

pursuant to the ITAR, and not to the list 

of defense articles on the United States 

Munitions Import List (USMIL) that are 

controlled by the Bureau of Alcohol, 

Tobacco, Firearms and Explosives (ATF) 

for purposes of permanent import under 

its regulations at 27 CFR part 447. 

Pursuant to section 38(a)(1) of the 

AECA, all defense articles controlled for 

export or import, or that are subject to 

brokering controls, are part of the 

‘‘USML’’ under the AECA. For the sake 

of clarity, references to the USMIL are 

to the list of defense articles controlled 

by ATF for purposes of permanent 

import. All defense articles described in 

the USMIL or the USML are subject to 

the brokering controls administered by 

the U.S. Department of State in part 129 

of the ITAR. The transfer of defense 

articles from the ITAR’s USML to the 

EAR’s CCL, for purposes of export 

controls, does not affect the list of 

defense articles controlled on the 

USMIL under the AECA for purposes of 

permanent import or brokering controls. 

On January 18, 2011, President Barack 

Obama issued Executive Order (EO) 

13563, affirming general principles of 

regulation and directing government 

agencies to conduct retrospective 

reviews of existing regulations. The 

revisions in this final rule are part of 

Commerce’s retrospective regulatory 

review plan under EO 13563. 

Commerce’s full plan, completed in 

August 2011, can be accessed at: 

http://open.commerce.gov/news/2011/ 

08/23/commerce-plan-retrospectiveanalysis-existing-rules. 

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 

15, 2012, 77 FR 49699 (August 16, 

2012), has continued the Export 

Administration Regulations in effect 

under the International Emergency 

Economic Powers Act. BIS continues to 

carry out the provisions of the Act, as 

appropriate and to the extent permitted 

by law, pursuant to Executive Order 

13222. 

Proposed Rules 

This rule implements amendments to 

the EAR proposed in the following four 

rules: 

• Revisions to the Export 

Administration Regulations (EAR): 

Control of Military Vehicles and Related 

Items That the President Determines No 

Longer Warrant Control on the United 

States Munitions List, (76 FR 76085, 

December 6, 2011) (herein ‘‘the 

December 6 (vehicles) rule’’); 

• Revisions to the Export 

Administration Regulations (EAR): 

Control of Vessels of War and Related 

Articles the President Determines No 

Longer Warrant Control Under the 

United States Munitions List (USML), 

(76 FR 80282, December 23, 2011) 

(herein ‘‘the December 23 (vessels) 

rule’’); 

• Revisions to the Export 

Administration Regulations (EAR): 

Control of Submersible Vessels, 

Oceanographic Equipment and Related 

Articles That the President Determines 

No Longer Warrant Control Under the 

United States Munitions List (USML) (76 

FR 80291, December 23, 2011) (herein 

‘‘the December 23 (submersible vessels) 

rule’’); and 

• Revisions to the Export 

Administration Regulations: Auxiliary 

and Miscellaneous Items That No 

Longer Warrant Control Under the 

United States Munitions List and Items 

on the Wassenaar Arrangement 

Munitions List (77 FR 29564, May 18, 

2012) (herein ‘‘the May 18 (auxiliary 

equipment) rule’’). 

This rule creates new ‘‘600 series’’ 

ECCNs to control certain military 

vehicles and related items; vessels of 

war and related items; submersible 

vessels, oceanographic equipment and 

related items; and auxiliary and 

miscellaneous items on the CCL. 

Descriptions of these ECCNs, issues 

raised in public comments on the rules 

proposing them, and BIS responses to 

those comments are addressed in 

discrete sections below. However, 

certain changes made by this rule apply 

more broadly: License Exception STA 

eligibility; notes on forgings and 

castings; the United Nations reason for 

control; removal of the .y.99 paragraph; 

separate definitions for ‘‘accessories’’ 

and ‘‘attachments;’’ and the composition 

of the entries for software and 

technology. 

Broadly Applicable Changes Made by 

This Rule 

Amendments to Section 740.20 (License 

Exception STA) 

This final rule amends the License 

Exception STA provisions in 

§ 740.20(b)(3)(iii) and (g)(1) of the EAR 

to indicate that the restrictions 

applicable to certain ‘‘600 series’’ ECCN 

‘‘end items’’ also apply to ‘‘end items’’ 

controlled under ECCNs 0A606.a, 

8A609.a, and 8A620.a or .b. These ‘‘600 

series’’ ECCNs are being added to the 

CCL as part of this final rule. The April 

16 (initial implementation) rule 

identified only those end items 

controlled by ECCN 9A610.a, because 

ECCNs 0A606, 8A609 and 8A620 would 

not be added to the CCL until 

publication of this rule. 

Cross References to ECCN 0A919 

This final rule adds to the ‘‘related 

controls’’ paragraph of Product Groups 

A, B, C, and D of the ‘‘600 series’’ 

ECCNs the following sentence: ‘‘(2) See 

ECCN 0A919 for foreign-made ‘‘military 

commodities’’ that incorporate more 

than a de minimis amount of U.S.-origin 

‘‘600 series’’ controlled content.’’ This is 

a non-substantive change from what was 

proposed. 

Forgings and Castings 

The December 6 (vehicles) rule 

included a note to ECCN 0A606.x, 

which stated that: ‘‘Forgings, castings, 

and other unfinished products, such as 

extrusions and machined bodies, that 

have reached a stage in manufacture 

where they are clearly identifiable by 

material composition, geometry, or 

function as commodities controlled by 

ECCN 0A606.x are controlled by ECCN 

0A606.x.’’ The December 23 (vessels) 

rule proposed such a note to ECCN 

8A609.x, and the December 23 

(submersible vessels) rule proposed 

such a note to ECCN 8A620.x. 

This final rule adds the phrase 

‘‘mechanical properties’’ to those notes 

because there may be circumstances 

when the mechanical properties, as well 

as the material composition, geometry 

or function, of a forging, casting, or 

unfinished product, may have been 

altered specifically for a 0A606.x, 

8A609.x, or 8A620.x part or component. 

The omission of ‘‘mechanical 

properties’’ from the lists in the 

proposed rules was an error that is being 

corrected in this rule. 

United Nations (UN) Reason for Control 

The July 15 (framework) rule 

proposed applying a United Nations 

(UN) reason for control to military 

vehicles and related items. The 

December 6 (vehicles) rule proposed 

removing the UN reason for control that 

had been proposed by the July 15 

(framework) rule. None of the other 

‘‘600 series’’ ECCNs created by this rule 

contained items that would have been 

subject to a UN reason for control when 


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40894 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 

they were proposed. Consistent with the 

April 16 (initial implementation) rule, 

this final rule includes the UN controls 

described in § 746.1(b) of the EAR in the 

ECCNs that it creates. These controls are 

consistent with the amendments 

contained in a final rule that BIS 

published on July 23, 2012 (77 FR 

42973), titled ‘‘Export and Reexport 

Controls to Rwanda and United Nations 

Sanctions under the Export 

Administration Regulations.’’ That rule 

amended § 746.1 of the EAR to describe 

the licensing policy that applies to 

countries subject to a United Nations 

Security Council (UNSC) arms embargo 

and to limit the use of license 

exceptions to such countries. Applying 

that licensing policy and related license 

exception restrictions to the new ‘‘600 

series’’ ECCNs that are created by this 

final rule is appropriate because of the 

military nature of the items controlled 

under these new ECCNs. 

Paragraph .y.99 

The proposed rules would have 

created a paragraph .y.99 in each of the 

new ‘‘600 series’’ ECCNs. Those 

paragraphs would have imposed the 

antiterrorism (AT Column 1) reason for 

control to items that would otherwise be 

controlled in that ECCN but that had 

been determined to be subject to the 

EAR in a commodity jurisdiction 

determination issued by the Department 

of State and that are not elsewhere 

identified on the CCL (i.e., were 

designated as EAR99). Applying the AT 

Column 1 reason for control would 

increase the number of circumstances 

under which these items would require 

a license. As stated in the preamble to 

the April 16 (initial implementation) 

rule (See 78 FR 2266, April 16, 2013), 

BIS agreed with a commenter that the 

burden of tracking down and analyzing 

whether items formally determined not 

to be subject to the ITAR that were also 

EAR99 items because they were not 

identified on the CCL outweighs the 

once-contemplated organizational 

benefits of creating the .y.99 control. 

Such items have already gone through 

an interagency review process that 

concluded whether the items were 

subject to the ITAR. Thus, BIS has 

determined that any such items should 

retain EAR99 status if not otherwise 

identified on the CCL. Accordingly, this 

final rule does not contain any .y.99 

paragraphs. 

Accessories and Attachments 

The proposed rules would have 

enclosed the phrase ‘‘accessories and 

attachments’’ in quotation marks 

through its regulatory text, in keeping 

with the July 15 (framework) rule, 

which proposed a single definition for 

that phrase. Subsequently, BIS 

published a proposed rule entitled 

‘‘‘Specially Designed’ Definition’’ (77 FR 

36409, June 19, 2012), which proposed, 

inter alia, creating separate, but 

identical definitions for ‘‘accessories’’ 

and for ‘‘attachments’’ to allow for 

instances when only one of the terms 

would be used. The April 16 (initial 

implementation) rule adopted that 

change as a final rule. Accordingly, this 

final rule identifies ‘‘accessories’’ and 

‘‘attachments’’ as separate terms 

wherever they appear in the regulatory 

text. 

Conforming Change Regarding Gas 

Turbine Engines 

In the April 16 (initial 

implementation) rule, BIS created, inter 

alia, ECCN 9A619 military gas turbine 

engines and related commodities (See 

78 FR 22731, April 16, 2013). ECCN 

9A619, as it appeared in that rule, 

applied to gas turbine engines that are 

not enumerated on the USML, but are 

‘‘specially designed’’ for ‘‘end-items’’ in 

USML Category VIII or ECCN 9A610, 

both of which apply to aircraft. 

Consistent with the proposed changes in 

the December 6 (gas turbine engine) 

rule, this rule expands the scope of 

ECCN 9A619 to apply to gas turbine 

engines that are not on the USML, but 

are for military vehicles (USML 

Category VII and ECCN 0A606) and 

surface vessels (USML Category VI and 

ECCN 8A609). The President has 

determined these items no longer 

warrant control on the USML. 

Consistency of Controls 

This final rule diverges in certain 

instances from the four proposed rules 

on which it was based with respect to 

the composition of the ECCNs. Software 

and technology ECCNs related to end 

items, production or other equipment, 

or materials generally control software 

and technology for the development and 

production of those items, and for some 

combination of the following six 

elements: operation, installation, 

maintenance, repair, overhaul, or 

refurbishing of those items. Separate 

technical teams determined the scope of 

control for different groups of ECCNs. 

As a result, different software and 

technology entries varied in the number 

and type of functions controlled. 

Although this variation was not 

inappropriate technically and did not 

receive public comments when 

proposed in four separate rules, BIS is 

concerned that retaining this variation 

would complicate compliance. Standard 

text across ECCNs is a simpler 

approach. Therefore, each software 

ECCN in this final rule will control 

software for development, production, 

operation, or maintenance of the 

relevant items. Each new ‘‘600 series’’ 

technology ECCN in this final rule will 

control technology for development, 

production, operation, installation, 

maintenance, repair, overhaul, or 

refurbishing of those items. To the 

extent that a particular function does 

not apply to a particular item because 

no software or technology to perform 

the function with respect to that item 

exists, no burden is imposed. 

Controlling a larger number of functions 

in technology ECCNs is not an increase 

in burden because all six functions are 

now controlled for technology on the 

USML. 

Similarly, all production equipment 

ECCNs will control test, inspection, and 

production equipment for the 

development, production, repair, 

overhaul, or refurbishing of the relevant 

items. 

Military Vehicles and Related Items 

Background 

The controls on military vehicles and 

related items in this final rule are based 

on the proposals for controlling those 

items set forth in the July 15 

(framework) rule and refined in the 

December 6 (vehicles) rule and on a 

review of the public comments thereon 

by the Departments of Defense, State 

and Commerce. 

This rule generally follows the 

structure established in the April 16 

(initial implementation) rule in creating 

five new ‘‘600 series’’ ECCNs to control 

military ground vehicles and related 

items. However, this rule departs from 

that structure in ECCN 0A606.b. That 

paragraph retains national security (NS 

Column 2) and regional stability (RS 

Column 2) controls on the unarmed 

armored vehicles that upon the effective 

date of this rule will be controlled under 

ECCN 0A606.b instead of ECCN 

9A018.b. Otherwise, this rule applies 

the national security (NS Column 1) and 

regional stability (RS Column 1) reasons 

for control that apply generally to ‘‘600 

series’’ items that are subject to the 

national security and regional stability 

reasons for control. The December 6 

(vehicles) rule proposed these reasons 

for control, and BIS received no 

comments on that aspect of the 

December 6 (vehicles) proposed rule. As 

a conforming change, this rule revises 

the RS column 2 license requirement 

paragraph in § 742.6(a)(4)(i) to reference 

the column rather than to list specific 

ECCNs, as was done for the RS column 

1 license requirement paragraph in the 

April 16 (initial implementation) rule. 


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The change to § 742.6(a)(4)(i) is in 

format only; it does not alter the license 

requirements for any item that is subject 

to the RS Column 2 reason for control. 

Changes to Controls on Military 

Vehicles and Related Items Made by 

This Rule 

This rule implements the proposals of 

the July 15 (framework) rule and the 

December 6 (vehicles) rule by creating 

five new ECCNs. New ECCN 0A606 

applies to military ground vehicles, 

parts, components, accessories and 

attachments. New ECCN 0B606 applies 

to related test, inspection and 

production equipment and parts and 

components. New ECCN 0C606 applies 

to related materials. New ECCN 0D606 

applies to related software. New ECCN 

0E606 applies to related technology. 

This rule revises ECCN 9A018 only to 

cross reference ECCNs 9A610 (aircraft), 

9A619 (gas turbine engines) and 0A606 

(vehicles) because upon the effective 

date of this rule, all the commodities 

previously in ECCN 9A018 will have 

been moved to one of those other three 

ECCNs. This rule also revises ECCN 

9D018 to contain only cross references 

to ECCNs 9D610 and 9D619 and to 

EAR99 and revises ECCN 9E610 to 

contain only cross references to 9E610, 

9E619 and EAR99 because upon the 

effective date of this rule, all of the 

software and technology will have been 

moved to one of those ECCNs or will be 

EAR99. 

This rule also removes ‘‘Interpretation 

8’’ from § 770.2 of the EAR (15 CFR 

770.2(h)). That interpretation, which 

explains the relationship between EAR 

and the ITAR with respect to ground 

vehicles, is no longer necessary because 

that relationship is expressly delineated 

in ECCN 0A606 (as published by this 

rule) and in USML Category VII in a 

Department of State rule that is being 

published simultaneously with the rule. 

Changes Compared to the Proposed 

December 6 (Vehicles) Rule 

The December 6 (vehicles) rule 

proposed including in ECCN 0A606.b 

certain all-wheel drive vehicles with 

armor that meet National Institute of 

Justice Level III standards. Such 

vehicles currently are controlled in 

ECCN 9A018.b and listed in the 

Wassenaar Arrangement Munitions List 

(WAML) category ML6. To reflect 

changes agreed to at the Wassenaar 2012 

plenary meeting and subsequently 

implemented in ECCN 9A018.b, this 

rule makes three substantive changes to 

the descriptions of those vehicles in 

ECCN 0A606.b compared to the text of 

ECCN 0A606.b in the December 6 

(vehicles) rule. One change broadens the 

coverage of paragraph .b to apply to 

vehicles with transmissions that supply 

drive to the front and rear wheels 

simultaneously even if the vehicle has 

other wheels that may or may not 

provide driving force. The proposed 

wording was ‘‘all-wheel drive.’’ The 

second change limits the scope of the 

paragraph to vehicles with a gross 

vehicle weight rating greater than 4,500 

kilograms. The third change replaces the 

term ‘‘capable of off road use’’ with the 

term ‘‘designed or modified for off road 

use.’’ In this final rule, ECCN 0A606.b 

also adopts the WAML category ML6 

format in describing these vehicles, a 

non-substantive change from the 

December 6 (vehicles) rule. 

This final rule also includes an 

illustrative list of characteristics that 

make a vehicle designed for military use 

in Note 2 to paragraph .a in ECCN 

0A606. This note is based on note 2 to 

the WAML category ML6. Prior to the 

effective date of this rule the contents of 

the note were in an interpretation found 

in § 770.2(h) of the EAR. Because this 

rule removes § 770.2(h) from the EAR, 

inclusion of the note in ECCN 0A606 is 

appropriate. 

Following the pattern of many of the 

ECCNs that control commodities, ECCN 

0A606 contains a paragraph .x, which 

applies to unspecified parts, 

components, accessories and 

attachments that are specially designed 

for a specified set of end items, and a 

paragraph .y, which applies to specified 

parts, components, accessories and 

attachments that are ‘‘specially 

designed’’ for items described in that 

ECCN or the corresponding USML 

Category. To lessen the chances that 

readers will mistakenly classify items 

specified in paragraph .y under 

paragraph .x, which requires a license to 

more destinations than does paragraph 

.y, this final rule adds wording to 

paragraph .x specifically excluding 

items specified under paragraph .y. This 

is not a substantive change to what was 

proposed. 

ECCN 0A606.y identifies specific 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for commodities enumerated 

in 0A606 (other than paragraph .b) or for 

defense articles enumerated in USML 

Category VII and are not elsewhere 

specified on the USML or CCL. Among 

the parts so identified in the December 

6 (vehicles) rule (0A606.y.1), were 

‘‘brake system components,’’ which 

were then further described by an 

illustrative list reading ‘‘e.g., discs, 

rotors, shoes, drums, springs, cylinders, 

lines, and hoses.’’ Subsequent events 

have made it necessary for BIS to revise 

paragraph .y.1 from what was proposed. 

First, the April 16 (initial 

implementation) rule adopted a 

definition of specially designed that 

expressly excludes ‘‘springs’’ from that 

term, effectively treating all springs as 

not being specially designed parts, 

components, accessories or attachments 

for purposes of 0A606.x and .y. That 

rule also adopted separate definitions of 

the terms ‘‘parts’’ and ‘‘components.’’ 

Some of the examples in the illustrative 

list, such as discs and drums, would be 

defined as parts rather than 

components. Finally, upon review of the 

public comment that proposed adding 

electronic braking systems to paragraph 

.y.1 (discussed below), BIS concluded 

that paragraph .y.1 needed additional 

precision. Therefore, this final rule 

makes paragraph .y.1 an exclusive list 

that reads: ‘‘Brake discs, rotors, drums, 

calipers, cylinders, pads, shoes, lines, 

hoses, vacuum boosters, and parts 

therefor.’’ The term ‘‘parts therefor’’ 

means parts of any of the ten individual 

articles enumerated in paragraph .y.1. 

ECCN 0C606 applies to materials 

‘‘specially designed’’ for military 

vehicles, ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories’’ or ‘‘attachments’’ 

controlled by ECCN 0A606. The 

December 6 (vehicles) rule included 

wording in the header and in ‘‘Note 1’’ 

in ECCN 0C606 that would have limited 

the scope of materials controlled by 

ECCN 0C606 to materials not controlled 

by other ECCNs. The effect of that 

wording would have been to make 

materials that are specifically 

mentioned in a non-‘‘600 series’’ ECCN 

controlled by that non-‘‘600 series’’ 

ECCN even if they are ‘‘specially 

designed’’ for a military vehicle, ‘‘part,’’ 

‘‘component,’’ ‘‘accessory’’ or 

‘‘attachment’’ that is controlled by 

ECCN 0A606. In a rule published June 

19, 2012 (77 FR 36409) (‘‘the June 19 

(specially designed) rule’’), BIS 

proposed guidance for reviewing the 

CCL to determine an item’s 

classification. The April 16 (initial 

implementation) final rule adopted an 

order of review for the CCL that gives 

‘‘600 series’’ ECCNs precedence over 

non-‘‘600 series’’ ECCNs (See 78 FR 

22735, April 16, 2013). The header and 

note proposed for 0C606 in the 

December 6 (vehicles) rule would 

contravene that order of precedence. 

Accordingly, this final rule revises the 

header of ECCN 0C606 to remove the 

reference to ‘‘not elsewhere specified 

. . . on the CCL,’’ removes proposed 

‘‘Note 1’’ and redesignates ‘‘Note 2’’ as 

‘‘Note.’’ This rule replaces the phrase 

‘‘N/A’’ that appeared in the ‘‘Units’’ 

paragraph in the December 6 (vehicles) 

rule with the phrase ‘‘$ value,’’ which 


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more accurately describes the unit in 

which materials would be licensed. 

The December 6 (vehicles) rule 

included notes in the ‘‘related controls’’ 

sections of ECCNs 0A606, 0B606, 

0C606, 0D606 and 0E606 referring 

readers to ECCN 0A919 for controls on 

‘‘military commodities’’ containing 

more than 10 percent U.S.-origin ‘‘600 

series’’ items. That text was consistent 

with the de minimis thresholds for ‘‘600 

series’’ items proposed in the July 15 

(framework) rule. Since publication of 

the December 6 (vehicles) rule, the June 

21 (transition) rule proposed having no 

de minimis level for 600 series items 

destined for a U.S. arms embargoed 

country (See 77 FR 37532, June 21, 

2012). The April 16 (initial 

implementation) rule adopted this 

standard as a final rule (See 78 FR 

22667 and 22707, April 16, 2013). In 

addition, that rule created a new 

Country Group D:5 in Supplement No. 

1 to part 740 to list the U.S. arms 

embargoed countries (See 78 FR 22675 

and 22721, April 16, 2013). Thus, the de 

minimis level for U.S.-origin ‘‘600 

series’’ items could be either 0% or 25% 

depending on the destination. 

Accordingly, in this final rule, the 

‘‘related controls’’ sections in each of 

those ECCNs, except 0E606, referring 

readers to ECCN 0A919 use the phrase 

‘‘more than a de minimis amount of 

U.S.-origin 600 series controlled 

content.’’ The reference is not included 

in 0E606 because the EAR do not 

provide for the incorporation of 

technology into a commodity under the 

de minimis rule. 

Comments on the December 6 (Vehicles) 

Rule Addressed by This Rule 

BIS received comments on the 

December 6 (vehicles) rule from one 

organization and one individual. 

Additionally, in the preamble to the 

December 6 (vehicles) rule, BIS stated 

that it would continue to consider 

certain comments made in response to 

the July 15 (framework) rule with 

respect to military vehicles. 

The organization that commented 

noted that in the preamble to the 

December 6 (vehicles) rule, BIS 

addressed comments made by that 

commenter and others concerning 

which vehicle parts should be subject to 

no more than the antiterrorism reason 

for control. In that preamble, BIS noted 

that it was continuing to review this 

issue and welcomed further comments. 

The organization addressed five general 

topics, all of which relate to whether 

certain parts and components should be 

included in ‘‘600 series’’ ECCNs 

generally and 0A606 in particular. The 

discussion below summarizes the points 

made under each of those topics 

separately and also addresses comments 

related to military vehicles that BIS 

received in response to the July 15 

(framework) rule and that it stated in the 

December 6 (vehicles) rule it would 

further consider. This discussion 

provides a single response to topics 1, 

2 and 3. 

Comments Related to Exclusion of 

Certain Items From the 600 Series or to 

Limiting Them to the .y Paragraphs 

Topic 1. List of Parts and Components 

with Little or No Military Significance 

This commenter proposed that gauges 

such as speedometers; instrument 

panels/clusters; vehicle/engine sensors; 

vehicle engine monitoring sensors and 

displays such as check engine lights and 

their associated sensors; electronic 

braking systems; multiplexing systems 

to limit vehicle wiring; tire pressure 

monitoring systems and data relating to 

tires (not including run-flats) be added 

to the list of .y items. The commenter 

reiterated its opinion expressed in its 

comments to the July 15 (framework) 

rule that these items have little or no 

military significance. The commenter 

also attributed to BIS the statement that 

these might have to be modified for a 

particular military vehicle; such 

modifications typically relate to fit and 

are similar to the types of modifications 

that are made for civilian vehicles. BIS’s 

statement to this effect was part of its 

summary of a comment received in 

response to the July 15 (framework) 

rule. The commenter noted that BIS 

appeared to have adopted two 

‘‘additional factors’’ for determining 

whether a part was militarily 

significant. Those factors were (1) 

concealment and (2) water proof/ 

resistant status and stated that those two 

factors were not a reason to treat the 

above items as militarily significant. 

This conclusion on the part of the 

commenter appears to be based on a 

statement in the preamble to the 

December 6 (vehicles) rule that BIS 

made in response to a comment to the 

effect that exhaust systems should not 

be treated as militarily significant 

because they perform the same function 

on both civil and military vehicles. 

BIS’s response noted that the exhaust 

systems on some military vehicles have 

features that reduce infrared signature to 

make the vehicle less detectable and 

features to enable deep water fording 

and therefore, could not be considered 

as per se lacking military significance. 

In response to comments on the July 

15 (framework) rule, BIS stated that it 

was still considering comments related 

to exhaust systems, wheels and blackout 

lights and 0A606.y. One such comment 

stated that exhaust pipes consist mainly 

of metal tubing that is bent to fit a 

particular model of vehicle. As such, 

they appear to be classified under 

0A606.x. The commenter stated that 

exhaust pipes serve the function of 

keeping poisonous gases away from the 

passenger compartment on both civilian 

and military vehicles. A second 

comment recommended that wheels be 

added to 0A606.y, stating that wheels 

have no more military significance than 

bearings, axles and blackout lights, all of 

which were in 0A606.y of the proposed 

rule. A third comment questioned why 

blackout lights were included in 

proposed ECCN 0A606.y (in the July 15 

(framework) rule). The commenter 

noted that the .y paragraph was 

intended to apply to items of little or no 

military significance. However, the 

commenter noted that blackout lights 

also were included in proposed 

interpretation h, which, among other 

things, identifies features that give a 

military vehicle its military 

characteristics. 

Topic 2. Criteria for Determining 

Military Significance 

This commenter noted that the 

December 6 (vehicles) rule solicited 

additional comment on appropriate 

criteria for determining which items 

classified under ‘‘600 series’’ ECCNs 

should be limited to the AT reason for 

control. The organization stated that the 

December 6 (vehicles) rule listed five 

criteria. Actually, those five criteria 

were suggested in a comment to the July 

15 (framework) rule. BIS noted them in 

the preamble to the December 6 

(vehicles) rule and neither adopted nor 

rejected them, but encouraged further 

comment on appropriate criteria for 

determining which items classified 

under ‘‘600 series’’ ECCNs should be 

limited to the AT reason for control. 

Topic 3. Process to Add to List of Items 

Lacking Military Significance 

This commenter stated that the EAR, 

both currently and as proposed, lacks a 

process, short of amending the 

regulations, to designate an item as 

subject only to the .y paragraph controls 

because it lacks military significance. In 

addition, the commenter stated, selfclassification will be impossible because 

of the ‘‘catch-all’’ character of the 

proposed .x paragraphs. Without a 

specific process to add more products to 

the .y paragraphs, the commenter 

suggested that export reform might 

cause more problems than it is intended 

to resolve. Although implementing such 

a process would likely require agency 

resources, the commenter suggested that 


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reduced license application volume 

would result in a countervailing 

reduction in the need for agency 

resources. Exports of parts without 

military significance would be 

expedited by fewer license 

requirements. 

This commenter also proposed that a 

more efficient alternative to adopting a 

process for adding items to the .y 

paragraphs would be to adopt a 

definition for ‘‘specially designed’’ that 

would eliminate the need to list 

militarily insignificant parts at all. This 

commenter suggested that as an 

alternative, the government could create 

a positive list of parts that are militarily 

significant and substantially deregulate 

all other parts. In the commenter’s view, 

either alternative would give the U.S. 

military better access at lower prices to 

commercial technologies that could 

update its fleet and better equip U.S. 

military personnel. 

Response to topics 1, 2 and 3: Upon 

further review and reflection, BIS has 

concluded that it should not change the 

list of parts, components, accessories 

and attachments that were proposed for 

ECCN 0A606.y in the December 6 

(vehicles) rule (except for the changes to 

0A606.y discussed above). BIS has also 

concluded that it would not be possible 

to publish objective criteria by which 

additional parts, components, 

accessories and attachments would be 

designated as having such limited 

military significance that they should be 

controlled in the .y paragraph of ECCN 

0A606 and establish a routine process 

for seeking such designation. 

Subsequent to the closing of the 

comment period on the December 6 

(vehicles) rule, BIS published the April 

16 (initial implementation) rule, which 

adopted a new definition of ‘‘specially 

designed.’’ As described in more detail 

in that rule (see 78 FR 22728), parts and 

components that are used in or with 

USML Category VII or 0A610 vehicles 

and other commodities are not caught as 

specially designed items in 0A606.x or 

0A606.y if any of the exclusions in the 

definition’s paragraph (b) apply. Thus, 

for example, as described in paragraph 

(b)(1), if the Commerce Department 

issues a classification determination 

that the Departments of Commerce, 

State, and Defense have agreed that a 

part or component used in or with a 

military vehicle does not warrant being 

considered ‘‘specially designed,’’ then it 

will not be controlled by 0A606.x or 

0A606.y. If the part is one of the basic 

parts listed in paragraph (b)(2), then it 

is not controlled by 0A606.x or 0A606.y. 

If, as described in detail in paragraph 

(b)(3), a part or component not 

elsewhere enumerated on the USML or 

the CCL is common to a military vehicle 

and an EAR99 civil vehicle in 

production, then it is not controlled by 

0A606.x or 0A606.y. If, as described in 

detail in paragraphs (b)(4), (b)(5) and 

(b)(6), a part or component is not 

elsewhere enumerated on the USML or 

the CCL and there is sufficient 

contemporaneous evidence that it was 

developed for vehicles not on the USML 

or CCL (or on the CCL for only AT 

reasons) for such vehicles and for 

vehicles that are on the USML or other 

entries on the CCL, or was developed as 

a general purpose commodity or 

software, i.e., with no knowledge that 

for use in or with a particular 

commodity, then it will not be within 

the scope of 0A606.x or 0A606.y. 

After review of the comments, BIS has 

concluded that technological 

significance to the military character of 

the vehicle should not determine 

whether a particular part, component, 

accessory or attachment is included in 

paragraph .x (requiring a license to all 

destinations other than Canada), .y 

(requiring a license to a limited range of 

destinations), or even EAR99 (not listed 

on the CCL at all). BIS has reached this 

conclusion in recognition of national 

security and foreign policy justifications 

for the U.S. Government’s having 

control over the export and reexport of 

parts, components, accessories and 

attachments that, even if they perform 

functions that are common to both civil 

and military vehicles, are nonetheless in 

some way unique to or specially 

designed for military vehicles. Imposing 

export license requirements on such 

parts, accessories and attachments gives 

the U.S. Government visibility into 

whether persons in certain countries 

have such military vehicles or need 

such vehicles repaired. As 

circumstances change, these controls 

give the U.S. Government the ability to 

control the flow of such parts and 

components as national security and 

foreign policy concerns warrant. The 

U.S. Government has, however, decided 

that controlling such items on the ITAR 

is too restrictive and has, thus, created 

the more flexible controls in the ‘‘600 

series’’ for such items. 

BIS notes that there are no items 

within the scope of 0A606.x or 0A606.y 

that were not, prior to the effective date 

of this rule, subject to the ITAR and 

controlled under USML Category VII(g), 

which controlled parts, components, 

accessories, and attachments 

specifically designed or modified for the 

military vehicle and other items 

described in USML Category VII. 

Although classification under a ‘‘600 

series’’ ECCN might impose sufficient 

additional regulatory burden that a 

manufacturer of EAR99 items might not 

wish to modify the design of its 

products to adapt them to military 

vehicles, nonetheless, the movement of 

these items to a ‘‘600 series’’ ECCN 

represents a substantial reduction in the 

licensing burden for manufacturers 

whose products currently are subject to 

the ITAR. 

BIS does not agree with the 

commenter’s statement that the catch-all 

nature of the .x paragraphs would make 

self-classifications ‘‘impossible.’’ If a 

part or component is listed on the 

USML, then it is ITAR controlled. If not, 

and it is enumerated in an ECCN 0A606 

paragraph, then it is subject to the EAR 

and controlled in that paragraph. If not, 

and it was ‘‘specially designed’’ for a 

USML VII article or a 0A606 (other than 

0A606.b) item, then it is controlled 

under 0A606.x, unless specifically 

identified in 0A606.y. Such items, when 

they were ITAR controlled under USML 

Category VII(g), required a license from 

State to export worldwide (except 

Canada if eligible under the Canadian 

exemption) and had a zero percent de 

minimis threshold when incorporated 

into civilian or military items. The U.S. 

Government has considerably adjusted 

the controls on such items by 

controlling them in the new 0A606.x, 

which has available to it several license 

exceptions and, for most of the world, 

a 25% de minimis threshold. In 

addition, BIS disagrees with the 

commenter’s request that the catch-all 

provisions be amended so that they only 

control ‘‘significant’’ parts and 

components. The commenter would 

leave solely up to the exporter the 

subjective determination whether 

something is ‘‘significant.’’ It is certain 

that not all exporters and government 

officials would come to the same 

conclusion regarding the significance of 

any particular item. Granting the 

requested edit would thus not create the 

reliability and predictability BIS is 

trying to accomplish with the proposed 

revisions and the new definition of 

‘‘specially designed.’’ It is the 

government that decides whether a part 

or component is so significant, from 

either a national security or a foreign 

policy perspective, as to warrant control 

on the USML or the more flexible 

controls of the ‘‘600 series’’ ECCNs, not 

the exporter. 

BIS also notes that although the July 

15 (framework) rule included blackout 

lights in ECCN 0A606.y, the December 

6 (vehicles) rule did not do so. In the 

preamble to the December 6 (vehicles) 

rule, BIS stated that it did not include 

blackout lights because blackout lights 

were then the subject of discussions at 

the Wassenaar Arrangement and that 


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changing controls on them at that time 

would be premature. Since the 

publication of the December 6 (vehicles) 

rule, two plenary meetings of the 

Wassenaar Arrangement have taken 

place. At neither plenary meeting did 

the Wassenaar Arrangement decide to 

remove blackout lights from the list of 

modifications that make a vehicle one 

for military use as found in Note 2 to 

WAML category ML6. For this reason, 

in addition to those in the immediately 

preceding paragraph, this final rule does 

not include blackout lights in 0A606.y. 

Thus, blackout lights that are ‘‘specially 

designed’’ parts for vehicles in USML 

Category VII or in ECCN 0A606.a are 

included in ECCN 0A606.x. 

Topic 4. Information Needed To Adapt 

Militarily Insignificant Parts and 

Components for Military Vehicles 

One commenter noted that the 

December 6 (vehicles) rule stated that 

BIS is considering recommendations to 

‘‘limit the controls on form, fit and 

function data needed to provide 

militarily insignificant items for military 

vehicles to the antiterrorism reason [for 

control]’’ and reiterated with some 

elaboration the comments it made on 

this issue in response to the July 15 

(framework) rule. The commenter stated 

that such a limit is critical to effective 

export control reform. Parts suppliers 

need to know basic information about 

size, shape, available electrical current 

and voltage, and other basic parameters 

in order to adapt a part to a particular 

vehicle. They need to communicate this 

information to their employees and 

suppliers. Requiring parts 

manufacturers to obtain licenses in 

order to do so would increase the cost 

and complexity of compliance 

programs, negating much of the 

advantage of creating 0A606.y items. 

Response: BIS did not adopt this 

recommendation. Although BIS desires 

to avoid imposing excessive compliance 

costs on parties engaged in transactions 

that are subject to the EAR, some such 

costs cannot be avoided. In many cases, 

BIS maintains export license 

requirements on development and 

production technology for those parts 

and components that are comparable to 

the license requirements imposed on the 

parts and components themselves 

because doing so provides a source of 

information about the disposition and 

status of military vehicles. BIS also 

disagrees with the commenter that 

adding parts and components to the .y 

controls increases compliance burdens. 

All parts and components that are now 

controlled in 0A606.y were, prior to the 

effective date of this rule, subject to the 

ITAR under USML Category VII(g). 

There are significantly fewer licensing 

and compliance burdens for an AT-only 

EAR item than for an ITAR-controlled 

item. 

Topic 5. Analog v. Digital Parts and 

Components 

One commenter noted that the 

proposed December 23 (vessels) and 

December 23 (submersible vessels) rules 

distinguished between digital and 

analog parts in compiling lists of parts 

of little military significance. However, 

the commenter addressed its comment 

on this issue to those two rules and to 

the December 6 (vehicles) rule. This 

commenter described that distinction as 

arbitrary and unwarranted. This 

commenter noted that digital 

automobile parts have been in use for 

dozens of years and are in almost all 

modern civil vehicles and vessels. The 

commenter noted that the main reasons 

for using digital components are: 

Reduced signal degradation, 

interoperability with other vehicle parts 

and ability to track and display 

diagnostic, service and repair codes. 

This commenter asserted that there is 

nothing inherently military about these 

functions. This commenter also noted 

that some parts designed for a specific 

military function are analog. 

Response: With respect to military 

vehicles, the July 15 (framework) rule, 

the December 6 (vehicles) rule and this 

final rule do not draw a distinction 

between analog and digital components 

in designating items for the .y paragraph 

of ECCN 0A606. 

Comments Related Primarily to 

Definitions or Terminology 

Comment: One commenter 

recommended that the term ‘‘military 

use’’ and similar terms such as ‘‘military 

application,’’ ‘‘military mission’’ or 

‘‘defense articles’’ be avoided because 

they are ambiguous and that more 

specific terms be substituted instead. 

Response: BIS certainly desires to 

make the EAR as explicit and precise as 

it can. However, in some instances, 

terms such as the commenter proposes 

avoiding cannot be avoided. For some 

things, a military application is an 

important distinguishing factor. In some 

instances, such terms are needed to 

fully describe the items to which the 

EAR applies. Sometimes, such terms are 

needed to conform with multilateral 

control lists which continue to use 

phrases such as ‘‘military application.’’ 

The CCL will be amended over time to 

reflect changes in the multilateral 

control lists. 

Comment: One commenter 

recommended that the term ‘‘specially 

designed’’ be replaced with ‘‘required’’ 

and that the definition of ‘‘required’’ 

currently in the EAR be expanded to 

apply to commodities as well as 

software and technology. This definition 

focuses on the portion of the technology 

that is peculiarly responsible for 

achieving or exceeding the controlled 

performance levels. This commenter 

opined that ‘‘required’’ would be more 

precise than ‘‘specially designed.’’ He 

also stated that the term ‘‘specially 

designed’’ is generally associated with 

designer intent. 

This commenter recommended that 

only components that meet the 

definition of ‘‘required’’ be controlled 

under ‘‘600 series’’ ECCNs. To address 

situations in which an end item that is 

on the USML could be manufactured 

from parts, none of which meets the 

definition of ‘‘required,’’ this 

commenter recommended adding a new 

end-use control to part 744 of the EAR 

that would control technology required 

for assembly of components into USML 

end items even if the components are 

not specified on the CCL. 

As a specific instance of this 

recommendation, this commenter 

recommended changing ‘‘specially 

designed’’ to ‘‘required’’ in 0A606.x, 

0B606 heading, .a, and .b; 0D606 and 

0E606 headings. 

Response: BIS did not adopt these 

recommendations. The term ‘‘required’’ 

is defined in the EAR and is not 

coextensive with the term ‘‘specially 

designed.’’ Limiting controls on parts 

and components to only those that 

would be ‘‘peculiarly responsible’’ for 

the military functionality of a particular 

item would be a significant decontrol 

contrary to the national security and 

foreign policy bases for the controls and 

the reform initiative. Most parts and 

components that are specially designed 

for military vehicles do not provide any 

military functionality to the item other 

than to enable it to operate. 

In the April 16 (initial 

implementation) rule, BIS adopted a 

definition of ‘‘specially designed’’ that 

is the product of two rounds of 

proposed rules and review of extensive 

public comments. This definition 

applies two tests for inclusion within 

the definition of ‘‘specially designed’’ 

and then provides six exclusions 

whereby a part, component, accessory, 

attachment or software may be released 

from the definition. (See 78 FR 22728, 

April 16, 2013) The first test, which is 

similar to the definition of ‘‘required,’’ 

addresses items that have, as a result of 

‘‘development,’’ ‘‘properties peculiarly 

responsible for achieving or exceeding 

the performance levels, characteristics, 

or functions in the relevant ECCN or 

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. . . ’’ The second test in the definition 

covers parts, components, accessories, 

attachments or software that are for use 

in or with defense articles on the USML 

or items on the CCL. When paired with 

the exclusions, this second test provides 

a basis for including within ECCNs 

0A606, 0B606, and 0D606 parts, 

components, accessories, attachments 

and software that are sufficiently 

military in their character to merit 

inclusion in a ‘‘600 series’’ ECCN while 

excluding those that are common to 

both military and unlisted civil items in 

production. Inclusion of military parts, 

components, accessories, attachments 

and software in these ECCNs provides 

the U.S. Government with useful 

information about the disposition and 

operating status of vehicles that 

previously have been licensed for 

export. 

The comment also implicitly assumes 

that the only parts and components that 

warrant controls are those that provide 

peculiar military functionality to a 

controlled item. The basis for the 

government’s controls on unspecified 

parts and components is that those 

items that are deliberately designed or 

modified and are not otherwise in 

normal commercial use—i.e., that are 

‘‘specially designed’’ for a military end 

item—warrant control for that reason. 

The U.S. government has national 

security and foreign policy interests in 

being able to monitor, control, and 

otherwise have visibility into the supply 

chain of the parts and components that 

are necessary to keep military items 

functioning. The U.S. Government has 

made a determination that such parts 

and components, which are now ITAR 

controlled, do not warrant all the 

controls of the ITAR. The Government 

has not made, and does not intend to 

make, a determination that such items 

do not warrant control at all. 

Comment: One commenter 

recommended that ECCNs 0D606 and 

0E606 (along with related provisions of 

the ITAR) as proposed in the December 

6 (vehicles) rule and the State 

Department’s corresponding rule be 

revised to place control over production 

software and technology with 

Commerce because production 

equipment is controlled by Commerce. 

This commenter also stated that the 

definitions of ‘‘development’’ and 

‘‘production’’ overlap. The commenter 

proposed remedying these situations by 

revising 0D606 and 0E606 to apply to 

software and technology required for the 

development or production of military 

vehicles and related items on the ITAR 

and to apply to software and technology 

for the development, production, 

operation, installation, maintenance, 

repair, overhaul or refurbishing of 

military vehicles and related items on 

the CCL. 

Response: BIS did not adopt this 

recommendation. The commenter is 

correct in noting that ECCN 0D606 in 

the December 6 (vehicles) rule and in 

this final rule applies inter alia to 

software for the production of 

commodities in ECCN 0A606 and that 

the term ‘‘production’’ is defined in the 

EAR to include inspection and testing. 

However, the equipment that is used to 

produce those commodities and articles 

is not necessarily of the same sensitivity 

as the software and technology that is 

specific to the production of the 

commodities and articles. Some 

equipment may be used to produce 

multiple types of items of varying 

sensitivity. The decision to place a 

particular software or technology on the 

USML or on the CCL should be based 

on the capabilities of that software or 

technology. 

BIS does not agree with the 

commenter’s assertion that the 

definitions of ‘‘development’’ and 

‘‘production’’ overlap. Those 

definitions, which are the definitions 

used by the Wassenaar Arrangement, 

have been in the EAR for years, and BIS 

is unaware of any confusion caused by 

alleged overlap of the terms. 

Comment: One commenter 

recommended that proposed ECCN 

0A606, paragraph a., be modified to 

incorporate, into the body of that 

paragraph, proposed text in a note 

immediately following that paragraph 

and by revising that text to make the 

following three changes: 

1. Add language to the description of 

the tanks subject to that paragraph to 

allow certain modifications of tanks 

built prior to 1956. Those modifications 

are safety features required by law, 

cosmetic modifications and addition of 

parts and components available prior to 

1956; 

2. Replace with word ‘‘military’’ with 

the word ‘‘armored’’ in describing the 

trains subject to paragraph .a; and 

3. Remove all references to trailers. 

Response: This final rule adopts the 

portions of this commenter’s 

recommendation relating to 

modifications of certain tanks built prior 

to 1956 that do not change the tank’s 

status as a tank built in 1955 or earlier. 

The wording concerning such 

modifications appeared in the 

Department of State proposed rule on 

Category VII in proposed language in 22 

CFR 121.4(b) describing ground vehicles 

that are subject to the EAR (See 76 FR 

76100, 76102, December 6, 2011). 

Including matching language in the EAR 

will make the boundary between the 

EAR and the ITAR more explicit with 

respect to military vehicles. Accordingly 

this rule adds, in response to the 

commenter’s recommendation, at the 

end of Note 1 to paragraph .a of ECCN 

0A606, the sentence ‘‘For purposes of 

this note, the term ‘‘modified’’ does not 

include incorporation of safety features 

required by law, cosmetic changes (e.g., 

different paint or repositioning of bolt 

holes) or addition of ‘‘parts’’ or 

‘‘components’’ available prior to 1956.’’ 

BIS did not adopt the proposal to 

incorporate the text of the note into the 

body of paragraph .a because BIS does 

not believe that doing so would add 

clarity to the rule. BIS did not replace 

the word ‘‘military’’ with the word 

‘‘armored’’ because currently, USML 

Category VII(a) applies to, inter alia, 

‘‘military railway trains’’ and does not 

require that such trains be armored. 

BIS’s intent is to include in ECCN 

0A606 the trains currently covered by 

Category VII(a) unless those trains are 

armed or are specially designed for 

launching missiles. BIS did not remove 

references to trailers because trailers are 

included in WAML category ML6. 

Failure to include them would be 

inconsistent with the U.S. Government’s 

commitments to the Wassenaar 

Arrangement. 

Comment: This commenter also 

recommended deleting the term 

‘‘specially designed’’ from 0A606.b.1, 

Note 2 because in the commenter’s 

opinion, ‘‘none of the definitions under 

consideration for specially designed 

make sense when applied to a 

decontrol.’’ 

Response: BIS is not deleting the term 

‘‘specially designed’’ from this note, 

which is taken from the WAML category 

ML6 and reads: ‘‘ECCN 0A606.b.1 does 

not control civilian vehicles ‘specially 

designed’ for transporting money or 

valuables.’’ Although the commenter’s 

position is arguably correct when 

applied to the proposed definition of 

‘‘specially designed’’ in the July 15 

(framework) rule, the definition of 

‘‘specially designed’’ adopted in the 

April 16 (initial implementation) rule 

does make sense in provisions such as 

this note. That definition of ‘‘specially 

designed’’ applies to an item that ‘‘(1) 

As a result of ‘‘development’’ has 

properties peculiarly responsible for 

achieving or exceeding the performance 

levels, characteristics, or functions in 

the relevant ECCN or U.S. Munitions 

List (USML) paragraph; or (2) Is a 

‘‘part,’’ ‘‘component,’’ ‘‘accessory,’’ 

‘‘attachment,’’ or ‘‘software’’ for use in 

or with a commodity or defense article 

‘enumerated’ or otherwise described on 

the CCL or the USML.’’ 


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When the first definition criterion is 

substituted for the defined term, ECCN 

0A606.b.1, Note 2 reads: ‘‘ECCN 

0A606.b.1 does not control civilian 

vehicles ‘[that][ a]s a result of 

‘‘development’’ . . . [have] properties 

peculiarly responsible for achieving or 

exceeding the performance levels, 

characteristics, or functions in the 

relevant ECCN or U.S. Munitions List 

(USML) paragraph for transporting 

money or valuables.’’ Furthermore, the 

second criterion does not apply because 

vehicles for transporting money or 

valuables are not parts, components, 

accessories, attachments or software. 

The phrase transporting money or 

valuables is a parameter that appears on 

the decontrol note and not in the ECCN 

0A606.b.1 control text. Thus, Note 2 

limits the scope of ECCN 0A606.b.1. BIS 

believes use of the term ‘‘specially 

designed’’ here will not cause 

confusion. 

Comment: One commenter also 

recommended deleting the word 

‘‘special’’ from the phrase ‘‘special 

reinforcements for mounts for weapons’’ 

in 0A606.b.1 Note 3. 

Response: BIS did not accept this 

recommendation. ECCN 0A606.b.1 

applies to, inter alia, certain unarmed 

vehicles with armor. Note 3 defines an 

unarmed vehicle for purposes of 

paragraph .b.1. The adjective ‘‘special’’ 

in this instance makes clear that 

ordinary bracing or reinforcing used in 

the bodies of civil vehicles does not 

make a make a civil vehicle armed. 

Additionally, BIS notes the similarity 

between the language in Note 3— 

‘‘special reinforcements for mounts for 

weapons’’ and the example, set forth in 

WAML category ML6, of a modification 

that makes a vehicle ‘‘specially 

designed’’ for military use—‘‘Special 

reinforcements or mountings for 

weapons. . . .’’ 

Comment: One commenter also 

recommended deleting the term 

‘‘specially designed’’ in the phrase that 

appears in 0A606.e and reads ‘‘deep 

water fording kits specially designed for 

ground vehicles controlled by 0A606.a 

or USML Category VII.’’ 

Response: BIS did not adopt this 

recommendation. BIS believes that the 

term ‘‘specially designed’’ is necessary 

to provide precision to the scope of 

paragraph .e. 

Comment: One commenter 

recommended making 0A606.x, which 

applies to ‘‘specially designed’’ parts, 

components, accessories and 

attachments, inapplicable to 0A606.c 

(air-cooled diesel engines and engine 

blocks for armored vehicles of 40 tons 

or more), .d (continuously variable 

automatic transmission for tracked 

combat vehicles), .e (deep water fording 

kits for vehicles in USML Category VII 

or ECCN 0A606), and .f (self-launching 

bridge components not enumerated in 

USML Category VII(g) for deployment 

by vehicles in USML Category VII or 

0A606). This commenter also asserted 

that imposing a license requirement on 

components of components was 

problematic but did not provide reason 

for the assertion. 

Response: BIS did not adopt this 

recommendation, which would have the 

effect of eliminating the license 

requirement for ‘‘specially designed’’ 

parts, components, accessories and 

attachments for items listed in this 

comment. Each of the commodities 

listed in ECCN 0A606, paragraphs .c 

through .f, is a piece of military 

equipment or a part or component 

thereof. Applying a license requirement 

to ‘‘specially designed’’ parts and 

components for such equipment serves 

to provide the U.S. Government with 

information about the equipment’s 

disposition and use. BIS does not agree 

with the commenter that imposing a 

license requirement on components of 

components is problematic. 

Vessels of War and Related Items; 

Submersible Vessels, Oceanographic 

Equipment and Related Items 

Background 

This rule makes final the provisions 

contained in the December 23 (vessels) 

and the December 23 (submersible 

vessels) rules. These two proposed rules 

from BIS were published in conjunction 

with two rules from the Department of 

State, Directorate of Defense Trade 

Controls that proposed to amend the list 

of articles controlled by USML 

Categories VI and XX (see 76 FR 80282, 

80302 and 76 FR 80291, 80305, 

respectively). 

Specifically, this final rule describes 

how surface vessels of war and related 

articles that the President determines no 

longer warrant control under Category 

VI (surface vessels of war and special 

naval equipment) of the USML will now 

be controlled on the CCL under new 

‘‘600 series’’ ECCNs 8A609, 8B609, 

8C609, 8D609, and 8E609. The rule also 

describes how submersible vessels, 

oceanographic and associated 

equipment that the President has 

determined no longer warrant control 

on the USML Category VI or XX will 

now be controlled on the CCL under 

new ‘‘600 series’’ ECCNs 8A620, 8B620, 

8D620, and 8E620. 

Summary of Public Comments 

Submitted in Response to the Proposals 

Contained in the December 23 (Vessels) 

Rule Published by BIS 

The public comment period for the 

December 23 (vessels) rule, which 

addressed controls on surface vessels of 

war and related articles, ended on 

February 6, 2012. BIS received 

comments from four respondents. 

Following is a summary of those 

comments, along with BIS’s responses. 

The comments are organized by topic, 

with similar comments grouped together 

under the same heading. 

ECCN 8A609.x (‘‘Parts, ‘‘Components,’’ 

‘‘Accessories’’ and ‘‘Attachments’’ That 

are ‘‘Specially Designed’’ for a 

Commodity Enumerated in ECCN 

8A609 (Except for 8A609.y) or a 

Defense Article Enumerated in USML 

Category VI and Not Specified 

Elsewhere in the USML or in 8A609.y) 

Comment: Two respondents 

commented that Note 2 to proposed 

ECCN 8A609.x incorrectly referenced 

USML Category VI(g), instead of USML 

Category VI(f). 

Response: This final rule corrects 

Note 2 to ECCN 8A609.x to refer to 

USML Category VI(f), which controls 

specified components, parts, 

accessories, attachments, and associated 

equipment for surface vessels of war 

and special naval equipment 

enumerated in USML Category VI. Note 

2 indicates that the latter are excluded 

from control under ECCN 8A609.x. 

ECCN 8A609.y (Specific ‘‘parts,’’ 

‘‘Components,’’ ‘‘Accessories’’ and 

‘‘Attachments’’ ‘‘Specially Designed’’ 

for a Commodity Controlled by ECCN 

8A609 or for a Defense Article in USML 

Category VI and Not Specified 

Elsewhere in the USML) 

Comment: One respondent questioned 

why proposed ECCN 8A609.y.12 

referred to analog gauges and indicators 

only, and not also to ‘‘digital’’ gauges 

and indicators, because there is nothing 

inherently military about all ‘‘digital’’ 

parts and components. 

Response: Since BIS does not intend 

that ECCN 8A609.y distinguish between 

the relative merits of ‘‘analog’’ and 

‘‘digital’’ technologies, this final rule 

changes ECCN 8A609.y to refer to all 

gauges and indicators, regardless of 

whether they are ‘‘analog’’ or ‘‘digital.’’ 

As published in this final rule, these 

gauges and indicators are now 

controlled under ECCN 8A609.y.10. 

Comment: Two respondents 

recommended that additional items be 

included in the list of specific ‘‘parts,’’ 

‘‘components,’’ and ‘‘accessories and 


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attachments’’ controlled by ECCN 

8A609.y. 

One respondent recommended that 

the following items be added to ECCN 

8A609.y: 

• Atmosphere control and monitoring 

equipment 

• Environmental control and 

monitoring equipment 

• Thermal insulation 

• Trash handling systems 

• Mooring, towing and dry dock 

equipment 

• Anchoring systems 

• Material corrosion and fouling control 

systems 

• Damage-control equipment 

• Firefighting equipment, fire 

suppression systems, extinguishers, 

water hoses 

• Emergency water rescue equipment 

• On-board cranes 

• Non-structural bulkheads and flexible 

space arrangements 

• Cargo doors 

• Bunks, lockers, and living/ 

recreational quarter equipment or 

fixtures 

• Meeting and classroom equipment or 

fixtures 

• Bridge screens, panels, and monitors 

• Electrical cable, cableways, wire, 

tapes, distribution panels, circuit 

breakers, supply outlets, connectors, 

switches, and fixtures 

• Fiber optic cable, cableways, fixtures, 

switches, and supply outlets 

• Equipment foundations and shock 

mounts 

• Fasteners, washers, O-rings, bushings, 

adapters, couplings, bolts and similar 

ancillary hardware 

• Mountings and clamps (meant to keep 

computers, office furniture in place). 

The other respondent recommended 

that the following items be added to 

ECCN 8A609.y: 

• Air vents and outlets 

• Cabin doors and door seals 

• Crew and cabin seats and bunks 

• Fire or smoke detection, prevention 

and suppression systems 

• Gas detection and generation systems 

• Heating, air-conditioning and air 

management equipment 

• Junction boxes 

• Lithium-ion batteries and battery cells 

• Port hole and port hole seals. 

Response: This final rule retains the 

scope of controls set forth in the 

December 23 (vessels) rule and does not 

add the additional items recommended 

by the commenters. In this regard, note 

that BIS has concluded that the 

technological significance of a ‘‘part,’’ 

‘‘component,’’ ‘‘accessory’’ or 

‘‘attachment’’ to the military character 

of a vessel should not be the sole 

determining factor as to whether a 

particular ‘‘part,’’ ‘‘component,’’ 

‘‘accessory’’ or ‘‘attachment’’ is included 

in paragraph .x (requiring a license to all 

destinations other than Canada) or 

paragraph .y (requiring a license to a 

limited range of destinations) or 

classified under the designation 

‘‘EAR99’’ (not listed on the CCL but 

subject to the EAR). BIS reached this 

conclusion in recognition of the 

national security and foreign policy 

justifications in support of the U.S. 

Government exercising control over the 

export and reexport of ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ that, although they 

perform functions common to both civil 

and military vessels, are nonetheless in 

some way unique to, or ‘‘specially 

designed’’ for, vessels of war. Imposing 

export license requirements on such 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories’’ 

and ‘‘attachments’’ provides the U.S. 

Government with insight into whether 

persons in certain countries have 

military vessels or need to have such 

vessels repaired. These controls give the 

U.S. Government the ability to control 

the flow of such parts, components, 

accessories, and attachments consistent 

with our national security and foreign 

policy objectives. Nevertheless, the U.S. 

Government has decided that 

controlling such items on the ITAR is 

too restrictive and, accordingly, has 

created more flexible controls for such 

items in the new ‘‘600 series’’ ECCNs on 

the CCL. 

Comment: One respondent 

recommended that ECCN 8A609.y.5 be 

rewritten to clarify that it controls 

‘‘metal hydraulic, fuel, oil and air lines 

that are straight, bent, flexible, braided 

or varying internal cross sectional area.’’ 

Response: This final rule clarifies 

which items of this type are controlled 

under 8A609.y by including the 

following control language in ECCN 

8A609.y.2: ‘‘Filters and filter 

assemblies, hoses, lines, fittings, 

couplings, and brackets for pneumatic, 

hydraulic, oil and fuel systems.’’ 

Comment: One respondent 

commented that the .y paragraphs in 

ECCNs 8A609, 8B609, 8C609, 8D609, 

and 8E609 should be removed and that 

‘‘parts’’ and ‘‘accessories and 

attachments’’ should not be controlled 

elsewhere in the 8Y609 ECCNs or in 

USML Category VI. Instead, only 

individually identified ‘‘required’’ 

‘‘components’’ should be controlled. 

Response: This final rule controls 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories’’ 

and ‘‘attachments’’ for commodities 

enumerated in the new 8Y609 ECCNs, 

consistent with the scope of the 

definition of ‘‘specially designed,’’ as 

published in the April 16 (initial 

implementation) rule. Accordingly, an 

item is considered to be ‘‘specially 

designed,’’ per paragraph (a) of the 

‘‘specially designed’’ definition, if the 

item: (i) As a result of ‘‘development’’ 

has properties peculiarly responsible for 

achieving or exceeding the performance 

levels, characteristics, or functions in 

the relevant ECCN or USML paragraph; 

or (ii) is a ‘‘part,’’ ‘‘component,’’ 

‘‘accessory,’’ ‘‘attachment,’’ or 

‘‘software’’ for use in or with a 

commodity or defense article 

‘enumerated’ or otherwise described on 

the CCL or the USML. Nevertheless, a 

‘‘part,’’ ‘‘component,’’ ‘‘accessory,’’ 

‘‘attachment,’’ or ‘‘software’’ that 

otherwise would be controlled by 

paragraph (a) of the ‘‘specially 

designed’’ definition is released from 

being treated as ‘‘specially designed,’’ if 

one or more of the exceptions contained 

in paragraph (b) of the ‘‘specially 

designed’’ definition applies. The 

‘‘catch and release’’ construct employed 

in paragraphs (a) and (b), respectively, 

of the ‘‘specially designed’’ definition is 

intended to work in combination to 

catch all items that may warrant being 

controlled as ‘‘specially designed.’’ 

Paragraph (b) of the definition tries, to 

the extent possible, to release those 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

‘‘attachments,’’ or ‘‘software’’ that the 

U.S. Government has determined, in all 

cases, do not warrant being controlled 

as ‘‘specially designed.’’ 

ECCN 8E609.a (‘‘Technology’’ 

‘‘Required’’ for the ‘‘Development,’’ 

‘‘Production,’’ Operation, Installation, 

Maintenance, Repair, Overhaul or 

Refurbishing of Commodities 

Controlled by ECCN 8A609, 8B609, or 

8C609, or ‘‘Software’’ Controlled by 

ECCN 8D609, Except for ECCN 8A609.y, 

8B609.y, 8C609.y, or 8D609.y) 

Comment: One respondent 

recommended that the phrase 

‘‘operation, installation, maintenance, 

repair, or overhaul,’’ in ECCN 8E609.a, 

be removed and replaced with the term 

‘‘use,’’ as defined in the EAR. 

Response: This final rule uses the 

phrase ‘‘operation, installation, 

maintenance, repair, overhaul, or 

refurbishing’’ in ECCN 8E609.a, because 

this phrase is intended to include each 

of the specific sub-elements of ‘‘use,’’ as 

defined in the EAR. 

Production ‘‘Software’’ and 

‘‘Technology’’ Controlled Under ECCNs 

8D609 and 8E609, Respectively 

Comment: One respondent stated that 

‘‘software’’ and ‘‘technology’’ should be 

controlled by the same agency that 

controls production equipment (i.e., 


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Commerce). In that event, the 

respondent recommended that ECCN 

8D609 be expanded to control 

‘‘software’’ ‘‘required’’ for the 

‘‘development’’ or ‘‘production’’ of 

defense articles in USML Category VI(a) 

through (f) and the ‘‘software’’ portion 

of USML Category VI(g). In addition, the 

respondent recommended that ECCN 

8E609 be expanded to control 

‘‘technology’’ ‘‘required’’ for the 

‘‘development’’ or ‘‘production’’ of 

defense articles in USML Category VI(a) 

through (f) and the ‘‘software’’ portion 

of USML Category VI(g); and the design 

of, the assembly of components into, 

and the operation, maintenance and 

repair of, complete production 

installations for defense articles in 

USML Category VI(a) through (f) and the 

‘‘software’’ portion of USML Category 

VI(g), and items in ECCN 8A609, 8B609 

or 8D609, even if the ‘‘components’’ of 

such production installations are not 

specified on either the CCL or the 

USML. 

Response: BIS did not adopt this 

recommendation. As discussed 

previously in the preamble, the changes 

described in this rule and in the State 

Department’s rule amending Categories 

VI, VII, XIII, and XX of the USML are 

based on a review of those categories by 

the Defense Department, which worked 

with the Departments of State and 

Commerce in preparing the 

amendments. The review was focused 

on identifying the types of articles that 

are now controlled by the USML that 

either: (i) Are inherently military and 

otherwise warrant control on the USML; 

or (ii) if of a type common to civil 

applications, possess parameters or 

characteristics that provide a critical 

military or intelligence advantage to the 

United States and that are almost 

exclusively available from the United 

States. If an article was found to satisfy 

either or both of those criteria, the 

article remains on the USML. Based on 

the review of USML Category VI, ECCN 

8D609 controls ‘‘software’’ for items 

controlled under ECCN 8A609, 8B609, 

or 8C609 only (and not ‘‘software’’ for 

any of the defense articles enumerated 

in USML Category VI), while ECCN 

8E609 controls ‘‘technology’’ for items 

controlled under ECCN 8A609, 8B609, 

8C609, or 8D609 only (and not 

‘‘technology’’ for any of the defense 

articles enumerated in USML Category 

VI). In short, as a result of the review, 

‘‘software’’ and ‘‘technology’’ for surface 

vessels of war, special naval equipment, 

and related defense articles enumerated 

in USML Category VI will be controlled 

under Category VI and not under the 

related ‘‘software’’ and ‘‘technology’’ 

entries on the CCL (i.e., ECCNs 8D609 

and 8E609, respectively). 

Use of the Term ‘‘Specially Designed’’ 

in the 8Y609 ECCNs 

Comment: One respondent 

recommended that the proposed 

definition of ‘‘specially designed’’ (and, 

in particular, the ‘‘parts’’ and 

‘‘components’’ exclusions therein) be 

changed to avoid the overly broad 

control of a large and diverse array of 

militarily insignificant items used on 

military surface vessels and related 

articles. In the respondent’s view, the 

provisions of the proposed definition 

applicable to ‘‘parts’’ and 

‘‘components,’’ if read literally, would 

capture ‘‘parts’’ and ‘‘components’’ for 

practically every military item 

enumerated on the CCL or the USML, 

unless the ‘‘parts’’ and ‘‘components’’ 

are separately enumerated (i.e., either in 

a USML subcategory or in an ECCN that 

does not have ‘‘specially designed’’ as a 

control criterion) or fall within one of 

the four limited exclusions in 

subparagraph (d) of the proposed 

definition (as published in the July 15 

(framework) rule. To clarify the scope of 

the definition, with respect to ‘‘parts’’ 

and ‘‘components,’’ the respondent 

recommended that ECCN 8A609.y be 

revised to add the following types of 

minor ‘‘parts:’’ threaded fasteners (e.g., 

screws, bolts, nuts, nut plates, studs, 

inserts), other fasteners (e.g., clips, 

rivets, pins), common type hardware 

(e.g., washers, spacers, insulators, 

connectors, diodes, resistors, grommets, 

bushings), springs, wire, seals, packings, 

blankets, insulation, decals, and name/ 

information plates. 

In addition, the respondent noted that 

the application of the proposed 

‘‘specially designed’’ definition to items 

other than ‘‘parts’’ and ‘‘components’’ 

was ambiguous with respect to the 

phrase ‘‘peculiarly responsible’’ (i.e., the 

significance of an item’s properties to 

the stated performance characteristics or 

functions), which could be interpreted 

as meaning that the properties are both 

‘‘necessary’’ and ‘‘sufficient’’ to achieve 

or exceed the stated performance 

parameters. To address this ambiguity, 

the respondent recommended that BIS 

provide examples of how the phrase 

‘‘peculiarly responsible’’ would be 

applied in determining whether or not 

an item was ‘‘specially designed.’’ 

Response: This final rule does not 

adopt the respondent’s 

recommendation, although the 

definition of ‘‘specially designed’’ 

published in the April 16 (initial 

implementation rule) did include a Note 

to paragraph (a)(1) to provide more 

detail on applying the peculiarly 

responsible standard, including 

providing two examples for applying 

the peculiarly responsible standard for 

purposes of paragraph (a)(1). This rule 

controls ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories’’ and ‘‘attachments’’ for 

commodities enumerated in the new 

8Y609 ECCNs, consistent with the scope 

of the definition of ‘‘specially 

designed,’’ as published in the April 16 

(initial implementation) rule. 

With respect to the phrase ‘‘peculiarly 

responsible,’’ as applied in 

subparagraph (a)(1) of the proposed 

‘‘specially designed’’ definition, most 

respondents who commented on the 

proposed ‘‘specially designed’’ 

definition in the July 15 (framework) 

rule found this part of the definition to 

be clear—perhaps, this is because this 

part of the definition was taken from the 

definition of ‘‘required’’ in § 772.1 of the 

EAR. Although the ‘‘required’’ 

definition applies only to ‘‘software’’ 

and ‘‘technology,’’ BIS applied the 

defining principle of that definition in 

paragraph (a)(1) of the ‘‘specially 

designed’’ definition, as published in 

the April 16 (initial implementation) 

rule. Therefore, within the context of 

paragraph (a)(1) of the ‘‘specially 

designed’’ definition, the phrase 

‘‘peculiarly responsible’’ means not 

merely that an item captured by this 

paragraph is somehow capable of use 

with a controlled item, but that 

something was done during the item’s 

development to enable it to achieve or 

exceed the performance levels, 

characteristics, or functions described in 

a referenced ECCN or USML paragraph. 

If, for example, the control characteristic 

of a vehicle indicates that the vehicle be 

‘‘specially designed’’ for military use, 

then, at a minimum, any ‘‘part’’ or 

‘‘component’’ that was, as a result of 

development, deliberately made for and 

unique to such a military vehicle would 

be considered peculiarly responsible for 

meeting the control characteristic of the 

vehicle, regardless of the part or 

component’s capabilities or functions. 

The only control characteristic for such 

vehicles is that the vehicle itself was 

‘‘specially designed’’ for military use, 

not that it performed at any particular 

level. Whether the part or component is 

ultimately considered to be ‘‘specially 

designed’’ depends upon whether any of 

the releases in paragraph (b) apply. 

For purposes of paragraph (a)(1) in the 

definition of ‘‘specially designed,’’ this 

principle applies equally to ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ for commodities. In 

addition, note that an item is considered 

to be ‘‘specially designed,’’ per 

paragraph (a)(2) of the ‘‘specially 

designed’’ definition, as published in 


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the April 16 (initial implementation) 

rule, if the item is a ‘‘part,’’ 

‘‘component,’’ ‘‘accessory,’’ 

‘‘attachment,’’ or ‘‘software’’ for use in 

or with a commodity or defense article 

‘enumerated’ or otherwise described on 

the CCL or the USML. Even so, a ‘‘part,’’ 

‘‘component,’’ ‘‘accessory,’’ 

‘‘attachment,’’ or ‘‘software’’ that 

otherwise would be controlled by 

paragraph (a) of the ‘‘specially 

designed’’ definition would be released 

from being treated as ‘‘specially 

designed,’’ if one or more of the 

exceptions contained in paragraph (b) of 

the ‘‘specially designed’’ definition 

applies. The ‘‘catch and release’’ 

construct employed in paragraphs (a) 

and (b), respectively, of the ‘‘specially 

designed’’ definition is intended to 

work in combination to catch all items 

that may warrant being controlled as 

‘‘specially designed.’’ Therefore, the 

paragraph (a) ‘‘catch’’ must be broad in 

scope. To compensate for those 

instances in which paragraph (a) of the 

definition may overreach, paragraph (b) 

of the definition seeks, to the extent 

possible, to release those ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ 

‘‘attachments,’’ or ‘‘software’’ that the 

U.S. Government has determined, in all 

cases, do not warrant being controlled 

as ‘‘specially designed.’’ For example, 

paragraph (b)(2) in the definition of 

‘‘specially designed’’ exempts specified 

‘‘parts,’’ and ‘‘components’’ from the 

definition, if the item is, regardless of 

‘‘form’’ or ‘‘fit,’’ a fastener (e.g., screw, 

bolt, nut, nut plate, stud, insert, clip, 

rivet, pin), washer, spacer, insulator, 

grommet, bushing, spring, wire, or 

solder. 

Changes to Controls on Vessels Made by 

This Rule 

This final rule creates five new 600 

series ECCNs in CCL Category 8 (ECCNs 

8A609, 8B609, 8C609, 8D609, and 

8E609) that control articles the 

President has determined no longer 

warrant control under USML Category 

VI. These amendments are discussed in 

more detail below. 

New ECCN 8A609 (Surface Vessels of 

War and Related) 

Paragraph .a of ECCN 8A609 controls 

surface vessels of war that are ‘‘specially 

designed’’ for military use, but not 

enumerated in the USML. Paragraph .b 

of ECCN 8A609 controls non-magnetic 

diesel engines that have a power output 

of 50 hp or more and either of the 

following: (1) A non-magnetic content 

exceeding 25 percent of total weight or 

(2) non-magnetic parts other than 

crankcase, block, head, pistons, covers, 

end plates, valve facings, gaskets, and 

fuel, lubrication and other supply lines. 

These diesel engines were listed under 

ECCN 8A620 in BIS’s December 23 

(submersible vessels) rule that proposed 

to control on the CCL submersible 

vessels, oceanographic and associated 

equipment determined by the President 

to no longer warrant control under 

USML Category VI or Category XX. 

However, this final rule controls these 

engines under new ECCN 8A609, 

instead of new ECCN 8A620 

(Submersible vessels oceanographic and 

associated equipment), because they are 

generally designed for use in surface 

vessels, rather than submersible vessels. 

Paragraphs .c through .w of ECCN 

8A609 are reserved. Paragraph .x 

controls ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories’’ and ‘‘attachments’’ 

(including certain unfinished products 

that have reached a stage in 

manufacturing where they are clearly 

identifiable as commodities controlled 

by paragraph .x) that are ‘‘specially 

designed’’ for a commodity in paragraph 

.a or .b or for a defense article in USML 

Category VI. This final rule specifically 

excludes from 8A609.x any ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ for commodities 

controlled under 8A609.y. Paragraph .y 

consists of specific types of 

commodities that, if ‘‘specially 

designed’’ for a commodity subject to 

control in ECCN 8A609 or a defense 

article in USML Category VI, warrant 

less strict controls because they have 

little or no military significance. 

Commodities listed in paragraph .y are 

subject to antiterrorism (AT Column 1) 

controls only. 

This final rule does not add gas 

turbine engines for military vessels of 

war to new ECCN 8A609. Instead, the 

April 16 (initial implementation) rule 

created a new ECCN 9A619 and 

included gas turbine engines and related 

items for military aircraft in that ECCN. 

This rule adds gas turbine for surface 

vessels of war and military vehicles to 

that ECCN . 

This final rule adds a note to ECCN 

8A609 specifying the changes that may 

be made to certain vessels built prior to 

1950 without changing the vessel’s 

status as a vessel built prior to 1950 and 

unmodified since 1949. Similar 

language concerning such modifications 

is in the Department of State rule that 

is being published simultaneously with 

this rule. For purposes of this note, the 

term modified does not include 

installation of safety features required 

by law, cosmetic changes (e.g., different 

paint), or the addition of ‘‘parts’’ or 

‘‘components’’ otherwise available prior 

to 1950. Including this clarifying 

language in both rules will make it 

easier to distinguish vessels on the 

USML from those on the CCL. 

New ECCN 8B609 (Test, Inspection, and 

Production ‘‘Equipment’’ and Related 

Commodities ‘‘Specially Designed’’ for 

the ‘‘Development,’’ ‘‘Production,’’ 

Repair, Overhaul, or Refurbishing of 

Commodities in ECCN 8A609 or USML 

Category VI (Except for Cat VI(f)(7))) 

ECCN 8B609.a controls test, 

inspection, and production 

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

the ‘‘development,’’ ‘‘production,’’ 

repair, overhaul, or refurbishing of 

surface vessels of war and related 

commodities enumerated in ECCN 

8A609 (except for items in 8A609.y) or 

in USML Category VI (except for articles 

enumerated in USML Cat VI(f)(7)). This 

final rule adds an exclusion to 8B609.a 

that applies to test, inspection, and 

production ‘‘equipment’’ ‘‘specially 

designed’’ for the ‘‘development’’ or 

‘‘production’’ of articles in USML Cat 

VI(f)(7). Paragraph .b is reserved. 

New ECCN 8C609 (Materials ‘‘Specially 

Designed’’ for the ‘‘Development’’ or 

‘‘Production’’ of Commodities 

Controlled by 8A609 Not Elsewhere 

Specified in the USML) 

ECCN 8C609.a controls materials 

‘‘specially designed’’ for the 

‘‘development’’ or ‘‘production’’ of 

surface vessels of war and related 

commodities enumerated in ECCN 

8A609 (except for items in 8A609.y) that 

are not specified elsewhere on the 

USML. The December 23 (vessels) rule 

proposed language in the ECCN 

heading, in 8C609.a, and in the Note 

thereto, that would have limited the 

scope of the materials controlled by 

ECCN 8C609 to those materials not 

controlled by other ECCNs on the CCL. 

The effect of that language would have 

been to make materials specifically 

mentioned in a non-‘‘600 series’’ ECCN 

controlled by that non-‘‘600 series’’ 

ECCN, even if they were ‘‘specially 

designed’’ for a military vessel, ‘‘part,’’ 

‘‘component,’’ ‘‘accessory,’’ or 

‘‘attachment’’ that is controlled by 

ECCN 8A609. Conversely, the April 16 

(initial implementation) rule adopted a 

CCL order of review (see 78 FR 22735, 

April 16, 2013) in Supplement No. 4 to 

part 774) that gives ‘‘600 series’’ ECCNs 

precedence over non-‘‘600 series’’ 

ECCNs when classifying an item. 

Accordingly, this final rule does not 

include the proposed language from the 

December 23 (vessels) rule that would 

have limited the scope of the materials 

controlled by ECCN 8C609 to those 

materials that are not controlled under 

other ECCNs on the CCL. 


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New ECCN 8D609 (‘‘Software’’ 

‘‘Specially Designed’’ for the 

‘‘Development,’’ ‘‘Production,’’ 

Operation or Maintenance of 

Commodities Controlled by 8A609, 

8B609, or 8C609) 

ECCN 8D609.a controls ‘‘software’’ 

‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by ECCN 

8A609, ECCN 8B609, or ECCN 8C609 

(except for commodities controlled by 

ECCN 8A609.y). Paragraph .b is 

reserved. ECCN 8D609.y applies to 

specific ‘‘software’’ that is ‘‘specially 

designed’’ for the ‘‘development,’’ 

‘‘production,’’ operation, or 

maintenance of commodities 

enumerated in ECCN 8A609.y. 

New ECCN 8E609 (‘‘Technology’’ 

‘‘Required’’ for the ‘‘Development,’’ 

‘‘Production,’’ Operation, Installation, 

Maintenance, Repair, Overhaul, or 

Refurbishing of Commodities 

Controlled by 8A609, 8B609, or 8C609, 

or ‘‘Software’’ Controlled by 8D609) 

ECCN 8E609.a controls ‘‘technology’’ 

‘‘required’’ for the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishing of items enumerated in 

ECCN 8A609, 8B609, 8C609, or 8D609 

(except for commodities enumerated in 

ECCN 8A609.y). Paragraph .b is 

reserved. ECCN 8E609.y applies to 

specific ‘‘technology’’ that is ‘‘required’’ 

for the ‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of items 

enumerated in ECCN 8A609.y. 

Changes to the EAR Amendments 

Proposed in the December 23 (Vessels) 

Rule 

Non-Magnetic Diesel Engines Controlled 

Under New ECCN 8A609.b 

As previously discussed, the 

December 23 (submersible vessels) rule 

published by BIS proposed that new 

ECCN 8A620.d.3 control non-magnetic 

diesel engines having a power output of 

50 hp or more, and either of the 

following characteristics: (i) A nonmagnetic content exceeding 25 percent 

of total weight or (ii) non-magnetic parts 

other than crankcase, block, head, 

pistons, covers, end plates, valve 

facings, gaskets, and fuel, lubrication 

and other supply lines. However, 

because these non-magnetic diesel 

engines are generally designed for use in 

surface vessels, rather than submersible 

vessels, this final rule controls these 

engines under new ECCN 8A609.b. 

Changes To Make New ECCN 8C609 

Consistent With the CCL Order of 

Review 

The April 16 (initial implementation) 

rule adopted a CCL order of review (see 

Supplement No. 4 to part 774) that gives 

‘‘600 series’’ ECCNs precedence over 

non-‘‘600 series’’ ECCNs when 

classifying an item. Accordingly, the 

control language for ECCN 8C609 in this 

final rule differs from the control 

language proposed in the December 23 

(vessels) rule in that it does not limit the 

scope of the materials controlled by 

ECCN 8C609 to materials that are not 

controlled elsewhere on the CCL. 

Practically speaking, this means that, if 

an item subject to the EAR is described 

by a ‘‘600 series’’ ECCN (e.g., ECCN 

8C609), then the item would be 

controlled under the ‘‘600 series’’ ECCN 

even if it were also described elsewhere 

on the CCL under a non-‘‘600 series’’ 

ECCN. 

Summary of Public Comments 

Submitted in Response to the Proposals 

Contained in the December 23 

(Submersible Vessels) Rule Published 

by BIS 

The public comment period for the 

December 23 (submersible vessels) rule, 

which addressed controls on 

submersible vessels, oceanographic 

equipment and related articles, ended 

on February 6, 2012. BIS received 

comments from four respondents. 

Following is a summary of those 

comments, along with BIS’s responses. 

The comments are organized by topic, 

with similar comments grouped together 

under the same heading. 

ECCN 8A620.d (Engines and Propulsion 

Systems) 

Comment: One respondent 

recommended that the word 

‘‘crankcase’’ be replaced with the word 

‘‘crankshaft’’ in ECCN 8A620.d.3 (Nonmagnetic diesel engines with a power 

output of 50 hp or more), as proposed 

in the December 23 (submersible 

vessels) rule. 

Response: This final rule retains the 

word ‘‘crankcase’’ in the control 

language, because ‘‘crankcase’’ more 

fully describes the types of items that 

are subject to control than the word 

‘‘crankshaft.’’ Specifically, the 

‘‘crankcase’’ is often integrated with the 

cylinder bank(s), forming the engine 

block, and serves as the housing for the 

‘‘crankshaft.’’ In addition, note that the 

non-magnetic diesel engines that were 

proposed for control under new ‘‘600 

series’’ ECCN 8A620.d.3 of the 

December 23 (submersible vessels) rule 

will now be controlled under new ECCN 

8A609 (surface vessels of war and 

related commodities), instead of new 

ECCN 8A620, because these engines are 

generally designed for use in surface 

vessels, rather than submersible vessels. 

ECCN 8A620.x (‘‘Parts,’’ ‘‘Components,’’ 

‘‘Accessories’’ and ‘‘Attachments’’ That 

Are ‘‘Specially Designed’’ for a 

Commodity Enumerated in ECCN 8A620 

(Except for 8A620.b or .y) and Not 

Specified Elsewhere on the USML or in 

8A620.y) 

Comment: One respondent noted that 

proposed ECCN 8A620.x and .y deviate 

from similar proposed changes in other 

ECR rules in that neither paragraph 

controls specific ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ for defense articles in 

USML Category XX. The respondent 

recommended that BIS include language 

in Note 2 to ECCN 8A620.x to clarify 

that 8A620.x and .y do not control 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories’’ 

and ‘‘attachments’’ for any defense 

articles enumerated in USML Category 

XX. 

Response: The exclusion of ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ for any defense articles 

in USML Category XX is clearly 

indicated in ECCN 8A620.x and .y, both 

of which refer only to items controlled 

under new ‘‘600 series’’ ECCN 8A620 

and not to any defense articles in USML 

Category XX. For this reason, BIS did 

not make the recommended change in 

this final rule. 

ECCN 8A620.y (Specific ‘‘Parts,’’ 

‘‘Components,’’ ‘‘Accessories’’ and 

‘‘Attachments’’ ‘‘Specially Designed’’ for 

a Commodity Subject to Control in This 

ECCN) 

Comment: Two respondents 

recommended that additional items be 

included in the list of specific ‘‘parts,’’ 

‘‘components,’’ and ‘‘accessories’’ and 

‘‘attachments’’ controlled by ECCN 

8A620.y. 

One respondent recommended that 

the following items be added to ECCN 

8A620.y: 

• Thermal insulation 

• Firefighting equipment, fire 

suppression systems, extinguishers, 

water hoses 

• Emergency water rescue equipment 

• Non-structural bulkheads and 

flexible space arrangements 

• Bunks, lockers, and living/ 

recreational quarter facilities 

• Meeting and classroom facilities 

• Electrical cable, cableways, wire, 

tapes, distribution panels, circuit 

breakers, supply outlets, connectors, 

switches, and fixtures 


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• Fiber optic cable, cableways, 

fixtures, switches, and supply outlets 

• Equipment foundations and shock 

mounts 

• Fasteners, washers, O-rings, 

bushings, adapters, couplings, bolts and 

similar ancillary hardware 

• Mountings and clamps (meant to 

keep computers, office furniture in 

place). 

The other respondent recommended 

that the following items be added to 

ECCN 8A620.y: 

• Floats for 8A620.e commodities 

• Cabin doors and door seals 

• Crew and cabin seats and bunks 

• Fire or smoke detection, prevention 

and suppression systems 

• Junction boxes 

• Lithium-ion batteries and battery 

cells 

• Port hole and port hole seals. 

Response: This final rule retains the 

scope of controls set forth in the 

December 23 (submersible vessels) rule. 

In this regard, note that BIS has 

concluded that the technological 

significance of a ‘‘part,’’ ‘‘component,’’ 

‘‘accessory’’ or ‘‘attachment’’ to the 

military character of a submersible 

vessel should not be the sole 

determining factor as to whether a 

particular ‘‘part,’’ ‘‘component,’’ 

‘‘accessory’’ or ‘‘attachment’’ is included 

in paragraph .x (requiring a license to all 

destinations other than Canada) or 

paragraph .y (requiring a license to a 

limited range of destinations) or 

classified under the designation 

‘‘EAR99’’ (not listed on the CCL at all). 

BIS reached this conclusion in 

recognition of the national security and 

foreign policy justifications in support 

of the U.S. Government exercising 

control over the export and reexport of 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories’’ 

and ‘‘attachments’’ that, although they 

perform functions common to both civil 

and military submersible vessels, are 

nonetheless in some way unique to, or 

‘‘specially designed’’ for, submersible 

vessels of war. Imposing export license 

requirements on such ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ provides the U.S. 

Government with insight into whether 

persons in certain countries have 

military submersible vessels or need to 

have such vessels repaired. These 

controls give the U.S. Government the 

ability to control the flow of such parts, 

components, accessories, and 

attachments consistent with our 

national security and foreign policy 

objectives. Nevertheless, the U.S. 

Government has decided that 

controlling such items on the ITAR is 

too restrictive and, accordingly, has 

created more flexible controls for such 

items in the new ‘‘600 series’’ ECCNs on 

the CCL. 

Comment: One respondent 

recommended that ECCN 8A620.y.5 be 

rewritten to clarify that it controls 

‘‘metal hydraulic, fuel, oil and air lines 

that are straight, bent, flexible, braided 

or varying internal cross sectional area.’’ 

Response: This final rule clarifies 

which items of this type are controlled 

under 8A620.y by including the 

following control language under ECCN 

8A620.y.2: ‘‘Filters and filter 

assemblies, hoses, lines, fittings, 

couplings, and brackets for pneumatic, 

hydraulic, oil and fuel systems.’’ 

ECCN 8B620 (Test, Inspection, and 

Production ‘‘Equipment’’ and Related 

Commodities ‘‘Specially Designed’’ for 

the ‘‘Development,’’ ‘‘Production,’’ 

Repair, Overhaul, or Refurbishing of 

Commodities Enumerated in ECCN 

8A620) 

Comment: One respondent stated that 

neither proposed ECCN 8B620 nor 

proposed USML Category XX addressed 

equipment ‘‘specially designed’’ to 

produce defense articles enumerated in 

USML Category XX. The respondent 

recommended that such equipment be 

controlled on the CCL under new ECCN 

8B620. 

Response: USML Category XX has 

been re-written to specifically capture 

equipment ‘‘specially designed’’ to 

produce defense articles in USML 

Category XX. Therefore, new ECCN 

8B620 does not control this equipment. 

Production ‘‘Software’’ and 

‘‘Technology’’ Controlled Under ECCNs 

8D620 and 8E620, Respectively 

Comment: One respondent stated that 

‘‘software’’ and ‘‘technology’’ should be 

controlled by the same agency that 

controls production equipment (i.e., 

Commerce). In that event, the 

respondent recommended that ECCN 

8D620 be expanded to control 

‘‘software’’ ‘‘required’’ for the 

‘‘development’’ or ‘‘production’’ of 

defense articles in proposed USML 

Category XX(a) through (c) and the 

‘‘software’’ portion of proposed USML 

Category XX(d). In addition, the 

respondent recommended that ECCN 

8E620 be expanded to control 

‘‘technology’’ ‘‘required’’ for the 

‘‘development’’ or ‘‘production’’ of 

defense articles in proposed USML 

Category XX(a) through (c) and the 

‘‘software’’ portion of proposed USML 

Category XX(d); and the design of, the 

assembly of components into, and the 

operation, maintenance and repair of, 

complete production installations for 

defense articles in proposed USML 

Category XX(a) through (c) and the 

‘‘software’’ portion of proposed USML 

Category XX(d), and items in ECCN 

8A620, 8B620 or 8D620, even if the 

‘‘components’’ of such production 

installations are not specified on either 

the CCL or the USML. 

Response: BIS did not adopt this 

recommendation. As discussed 

previously in the preamble, the changes 

described in this rule and in the State 

Department’s rule amending Categories 

VI, VII, XIII, and XX of the USML are 

based on a review of those categories by 

the Defense Department, which worked 

with the Departments of State and 

Commerce in preparing the 

amendments. The review was focused 

on identifying the types of articles that 

are now controlled by the USML that 

either: (i) Are inherently military and 

otherwise warrant control on the USML; 

or (ii) if of a type common to civil 

applications, possess parameters or 

characteristics that provide a critical 

military or intelligence advantage to the 

United States and that are almost 

exclusively available from the United 

States. If an article was found to satisfy 

either or both of those criteria, the 

article remains on the USML. Based on 

the review of USML Categories VI and 

XX, ECCN 8D620 controls ‘‘software’’ 

for items controlled under ECCN 8A620 

or 8B620 only (and not ‘‘software’’ for 

any of the defense articles enumerated 

in USML Category XX), while ECCN 

8E620 controls ‘‘technology’’ for items 

controlled under ECCN 8A620, 8B620, 

or 8D620 only (and not ‘‘technology’’ for 

any of the defense articles enumerated 

in USML Category XX). In short, as a 

result of the review, ‘‘software’’ and 

‘‘technology’’ for submersible vessels 

and related defense articles enumerated 

in USML Category XX will be controlled 

under Category XX and not under the 

related ‘‘software’’ and ‘‘technology’’ 

entries on the CCL (i.e., ECCNs 8D620 

and 8E620, respectively. 

Use of the Term ‘‘Specially Designed’’ 

in the 8Y620 ECCNs 

Comment: One respondent 

recommended that the proposed 

definition of ‘‘specially designed’’ (and, 

in particular, the ‘‘parts’’ and 

‘‘components’’ exclusions therein) be 

changed to avoid the overly broad 

control of a large and diverse array of 

militarily insignificant items used on 

military surface vessels and related 

articles. In the respondent’s view, the 

provisions of the proposed definition 

applicable to ‘‘parts’’ and 

‘‘components,’’ if read literally, would 

capture ‘‘parts’’ and ‘‘components’’ for 

practically every military item 

enumerated on the CCL or the USML, 

unless the ‘‘parts’’ and ‘‘components’’ 


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40906 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 

are separately enumerated (i.e., either in 

a USML subcategory or in an ECCN that 

does not have ‘‘specially designed’’ as a 

control criterion) or fall within one of 

the four limited exclusions in 

subparagraph (d) of the proposed 

definition (as published in the July 15 

(framework) rule. To clarify the scope of 

the definition, with respect to ‘‘parts’’ 

and ‘‘components,’’ the respondent 

recommended that ECCN 8A620.y be 

revised to add the following types of 

minor ‘‘parts’’: Threaded fasteners (e.g., 

screws, bolts, nuts, nut plates, studs, 

inserts), other fasteners (e.g., clips, 

rivets, pins), common type hardware 

(e.g., washers, spacers, insulators, 

connectors, diodes, resistors, grommets, 

bushings), springs, wire, seals, packings, 

blankets, insulation, decals, and name/ 

information plates. 

In addition, the respondent noted that 

the application of the proposed 

‘‘specially designed’’ definition to items 

other than ‘‘parts’’ and ‘‘components’’ 

was ambiguous with respect to the 

phrase ‘‘peculiarly responsible’’ (i.e., the 

significance of an item’s properties to 

the stated performance characteristics or 

functions), which could be interpreted 

as meaning that the properties are both 

‘‘necessary’’ and ‘‘sufficient’’ to achieve 

or exceed the stated performance 

parameters. To address this ambiguity, 

the respondent recommended that BIS 

provide examples of how the phrase 

‘‘peculiarly responsible’’ would be 

applied in determining whether or not 

an item was ‘‘specially designed.’’ 

Response: This final rule does not 

adopt the respondent’s 

recommendation, although the 

definition of ‘‘specially designed’’ 

published in the April 16 (initial 

implementation rule) did include a Note 

to paragraph (a)(1) to provide more 

detail on applying the peculiarly 

responsible standard, including 

providing two examples for applying 

the peculiarly responsible standard for 

purposes of paragraph (a)(1). This rule 

controls ‘‘parts,’’ ‘‘components,’’ and 

‘‘accessories’’ and ‘‘attachments’’ for 

commodities enumerated in the new 

8Y620 ECCNs, consistent with the scope 

of the definition of ‘‘specially 

designed,’’ as published in the April 16 

(initial implementation) rule. 

With respect to the phrase ‘‘peculiarly 

responsible,’’ as applied in 

subparagraph (a)(1) of the proposed 

‘‘specially designed’’ definition, most 

respondents who commented on the 

proposed ‘‘specially designed’’ 

definition in the July 15 (framework) 

rule found this part of the definition to 

be clear—perhaps, this is because this 

part of the definition was taken from the 

definition of ‘‘required’’ in § 772.1 of the 

EAR. Although the ‘‘required’’ 

definition applies only to ‘‘software’’ 

and ‘‘technology,’’ BIS applied the 

defining principle of that definition in 

paragraph (a)(1) of the ‘‘specially 

designed’’ definition, as published in 

the April 16 (initial implementation) 

rule. Therefore, within the context of 

paragraph (a)(1) of the ‘‘specially 

designed’’ definition, the phrase 

‘‘peculiarly responsible’’ means that an 

item captured by this paragraph is not 

merely somehow capable of use with a 

controlled item, but that something was 

done during the item’s development to 

enable it to achieve or exceed the 

performance levels, characteristics, or 

functions described in a referenced 

ECCN or USML paragraph. For purposes 

of paragraph (a)(1) in the definition of 

‘‘specially designed,’’ this principle 

applies equally to ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ for commodities. In 

addition, note that an item is considered 

to be ‘‘specially designed,’’ per 

paragraph (a)(2) of the ‘‘specially 

designed’’ definition, as published in 

the April 16 (initial implementation) 

rule, if the item is a ‘‘part,’’ 

‘‘component,’’ ‘‘accessory,’’ 

‘‘attachment,’’ or ‘‘software’’ for use in 

or with a commodity or defense article 

‘enumerated’ or otherwise described on 

the CCL or the USML. Even so, a ‘‘part,’’ 

‘‘component,’’ ‘‘accessory,’’ 

‘‘attachment,’’ or ‘‘software’’ that 

otherwise would be controlled by 

paragraph (a) of the ‘‘specially 

designed’’ definition would be released 

from being treated as ‘‘specially 

designed,’’ if one or more of the 

exceptions contained in paragraph (b) of 

the ‘‘specially designed’’ definition 

applies. The ‘‘catch and release’’ 

construct employed in paragraphs (a) 

and (b), respectively, of the ‘‘specially 

designed’’ definition is intended to 

work in combination to catch all items 

that may warrant being controlled as 

‘‘specially designed.’’ Therefore, the 

paragraph (a) ‘‘catch’’ must be broad in 

scope. To compensate for those 

instances in which paragraph (a) of the 

definition may overreach, paragraph (b) 

of the definition tries, to the extent 

possible, to release those ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ 

‘‘attachments,’’ or ‘‘software’’ that the 

U.S. Government has determined, in all 

cases, do not warrant being controlled 

as ‘‘specially designed.’’ For example, 

paragraph (b)(2) in the definition of 

‘‘specially designed’’ exempts specified 

‘‘parts’’ and‘‘components’’ from the 

definition, if the item is, regardless of 

‘‘form’’ or ‘‘fit,’’ a fastener (e.g., screw, 

bolt, nut, nut plate, stud, insert, clip, 

rivet, pin), washer, spacer, insulator, 

grommet, bushing, spring, wire, or 

solder. 

Changes to Controls on Submersible 

Vessels Made by This Rule 

This final rule creates four new ‘‘600 

series’’ ECCNs in CCL Category 8 

(ECCNs 8A620, 8B620, 8D620, and 

8E620) that control articles the 

President has determined no longer 

warrant control under USML Category 

VI or Category XX. These amendments 

are discussed in more detail below. 

New ECCN 8A620 (Submersible 

Vessels, Oceanographic and Associated 

Equipment) 

Paragraph .a of ECCN 8A620 controls 

submersible and semi-submersible 

vessels ‘‘specially designed’’ for a 

military use, but not enumerated on the 

USML (e.g., submarine rescue vehicles 

and Deep Submergence Vehicles 

(DSVs)). Paragraph .b of ECCN 8A620 

controls submersible and semisubmersible vessels ‘‘specially 

designed’’ for cargo transport 

(submersible and semi-submersible 

vessels of a type known to have been 

used in illegal drug trafficking activities) 

and ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories’’ and ‘‘attachments’’ 

‘‘specially designed’’ therefor. Paragraph 

.c of ECCN 8A620 controls harbor 

entrance detection devices (magnetic, 

pressure, and acoustic) and controls 

therefor, not elsewhere specified on the 

USML or the CCL. Paragraph .d of ECCN 

8A620 controls certain engines and 

propulsion devices for submersible or 

semi-submersible vessels (i.e., diesel 

engines of 1,500 hp and over with rotary 

speed of 700 rpm or over ‘‘specially 

designed’’ for submarines). In a change 

from BIS’s December 23 (submersible 

vessels) rule, paragraph .d does not 

control non-magnetic diesel engines that 

have a power output of 50 hp or more 

and either of the following: (1) A nonmagnetic content exceeding 25 percent 

of total weight or (2) non-magnetic parts 

other than crankcase, block, head, 

pistons, covers, end plates, valve 

facings, gaskets, and fuel, lubrication 

and other supply lines. These engines 

are controlled under new ECCN 8A609 

(surface vessels of war and related 

commodities), instead of new ECCN 

8A620, because they are generally 

designed for use in surface vessels, 

rather than submersible vessels. In 

another change from BIS’s December 23 

(submersible vessels) rule, paragraph .d 

does not control electric motors 

‘‘specially designed’’ for submarines 

and having all of the following: (i) A 

power output of more than 1,000 hp; (ii) 

quick reversing; (iii) liquid cooled; and 


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(iv) totally enclosed. These electric 

motors are controlled under USML 

Category XX, instead of ECCN 8A620. 

The Note to paragraph .d states that 

propulsion systems not controlled 

under ECCN 8A620 that are ‘‘specially 

designed’’ for an article controlled by 

USML Category XX are controlled by 

USML XX(b) or (c). Paragraphs .e and .f 

control submarine and torpedo nets and 

certain closed and semi-closed circuit 

(rebreathing) apparatus, respectively. 

Paragraphs .g through .w are reserved. 

Paragraph .x controls ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ (including certain 

unfinished products that have reached a 

stage in manufacturing where they are 

clearly identifiable as commodities 

controlled by paragraph .x) that are 

‘‘specially designed’’ for a commodity in 

paragraphs .a and .c through .f; 

however, paragraph .x does not include 

items ‘‘specially designed’’ for a defense 

article in USML Category VI or XX. 

Paragraph .y contains specific types of 

commodities that, if ‘‘specially 

designed’’ for a commodity subject to 

control in ECCN 8A620, warrant less 

strict controls because they have little or 

no military significance. Commodities 

listed in paragraph .y are subject to 

antiterrorism (AT Column 1) controls 

only. The systems and equipment 

described in ECCN 8A620.y.14 through 

.y.20, as proposed in the December 23 

(submersible vessels) rule, are not 

included in ECCN 8A620.y in this final 

rule. Any such systems and equipment 

that are subject to the EAR and not 

elsewhere specified on the CCL are 

classified under the designation 

‘‘EAR99.’’ 

New ECCN 8B620 (Test, Inspection, and 

Production ‘‘Equipment’’ and Related 

Commodities ‘‘Specially Designed’’ for 

the ‘‘Development,’’ ‘‘Production,’’ 

Repair, Overhaul, or Refurbishing of 

Commodities Enumerated in ECCN 

8A620) 

ECCN 8B620.a controls test, 

inspection, and production 

‘‘equipment’’ and related commodities 

‘‘specially designed’’ for the 

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

overhaul, or refurbishing of 

commodities enumerated in ECCN 

8A620 (except for items in 8A620.b and 

.y). Paragraph .b of ECCN 8B620 

controls test, inspection, and production 

‘‘equipment’’ and related commodities 

‘‘specially designed’’ for the 

‘‘development’’ or ‘‘production’’ of 

commodities enumerated in ECCN 

8A620.b. Currently, ECCN 8B620 does 

not identify specific test, inspection, 

and production ‘‘equipment’’ and 

related commodities ‘‘specially 

designed’’ for the ‘‘development’’ or 

‘‘production’’ of commodities 

enumerated in ECCN 8A620.y. 

New ECCN 8D620 (‘‘Software’’ 

‘‘Specially Designed’’ for the 

‘‘Development,’’ ‘‘Production,’’ 

Operation or Maintenance of 

Commodities Controlled by 8A620 or 

8B620) 

ECCN 8D620.a controls ‘‘software’’ 

‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by 8A620 or 

8B620 (except for commodities 

controlled by 8A620.b or .y or ECCN 

8B620.b). Paragraph .b of ECCN 8D620 

controls ‘‘software’’ ‘‘specially 

designed’’ for the ‘‘development,’’ 

‘‘production,’’ operation, or 

maintenance of commodities 

enumerated in 8A620.b or 8B620.b. 

ECCN 8D620.y applies to specific 

‘‘software’’ that is ‘‘specially designed’’ 

for the ‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities enumerated in ECCN 

8A620.y. 

New ECCN 8E620 (‘‘Technology’’ 

‘‘Required’’ for the ‘‘Development,’’ 

‘‘Production,’’ Operation, Installation, 

Maintenance, Repair, Overhaul or 

Refurbishing of Commodities Controlled 

by 8A620 or 8B620, or ‘‘software’’ 

Controlled by 8D620) 

ECCN 8E620.a controls ‘‘technology’’ 

‘‘required’’ for the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishing of commodities controlled 

by ECCN 8A620 or 8B620 or ‘‘software’’ 

controlled by ECCN 8D620 (except for 

commodities controlled by ECCN 

8A620.b or .y or ECCN 8B620.b, or 

‘‘software’’ controlled by ECCN 8D620.b 

or .y). Paragraph .b of 8E620 controls 

‘‘technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of 

commodities controlled by ECCN 

8A620.b or 8B620.b or ‘‘software’’ 

controlled by 8D620.b. ECCN 8E620.y 

applies to specific ‘‘technology’’ that is 

‘‘required’’ for the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishing of items enumerated in 

ECCN 8A620.y. 

Amendments to ECCN 8A018 

This final rule also affects items 

controlled under ECCN 8A018. 

Specifically, engines and propulsion 

systems described in ECCN 8A018.b.1 

will be moved to new ECCN 8A620.d as 

of the effective date of this final rule. In 

addition, anti-submarine and antitorpedo nets described in ECCN 

8A018.b.4 will be moved to new ECCN 

8A620.e and closed and semi-closed 

circuit (rebreathing) apparatus described 

in ECCN 8A018.a will be moved to new 

ECCN 8A620.f, as of the effective date 

of this final rule. However, new ECCN 

8A620.d will not control either electric 

motors described in ECCN 8A018.b.2 or 

non-magnetic diesel engines described 

in 8A018.b.3, as proposed in the 

December 23 (submersible vessels) rule. 

Instead, the former will be controlled 

under USML Category XX, while the 

latter will be controlled under new 

ECCN 8A609.b (since these engines are 

generally designed for use in surface 

vessels, rather than submersible 

vessels). 

Consistent with the April 16 (initial 

implementation) rule and with the 

statement in the July 15 (framework) 

rule that 018 entries would remain in 

the CCL for a time, but only for crossreference purposes, this rule amends 

ECCN 8A018 to remove all language 

except cross references to the controls 

for these items in new ‘‘600 series’’ 

ECCNs 8A609.b and 8A620.d, .e, and .f 

and in revised USML Category XX. 

Changes to the EAR Amendments 

Proposed in the December 23 

(Submersible Vessels) Rule 

Engines Controlled Under New ECCN 

8A620.d 

As previously discussed, the 

December 23 (submersible vessels) rule 

published by BIS proposed that new 

ECCN 8A620.d.3 control non-magnetic 

diesel engines having a power output of 

50 hp or more, and either of the 

following characteristics: (i) A nonmagnetic content exceeding 25 percent 

of total weight or (ii) non-magnetic parts 

other than crankcase, block, head, 

pistons, covers, end plates, valve 

facings, gaskets, and fuel, lubrication 

and other supply lines. However, 

because these non-magnetic diesel 

engines are generally designed for use in 

surface vessels, rather than submersible 

vessels, these engines are now 

controlled under new ECCN 8A609.b, 

instead. In addition, new ECCN 8A620.d 

does not control electric motors, as 

proposed in the December 23 

(submersible vessels) rule, that are 

‘‘specially designed’’ for submarines 

and have all of the following: (i) A 

power output of more than 1,000 hp; (ii) 

quick reversing; (iii) liquid cooled; and 

(iv) totally enclosed. These electric 

motors are controlled under USML 

Category XX, instead. 


tkelley on DSK3SPTVN1PROD with RULES2
40908 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 

Auxiliary and Miscellaneous Military 

Equipment 

Background 

The May 18 (auxiliary equipment) 

rule described BIS’s proposal for how it 

would control auxiliary and 

miscellaneous military equipment, 

related articles, software and technology 

under USML Category XIII that no 

longer that no longer warrant control on 

the USML. That rule proposed 

controlling those items under five new 

ECCNs. That rule also proposed to 

include in those five new ECCNs items 

listed in WAML category ML17 that 

would be removed from the USML, or 

that are not specifically identified on 

the USML or CCL but were subject to 

USML jurisdiction. This final rule is 

based on the May 18 (auxiliary 

equipment) rule and on a review of the 

public comments thereon by the 

Departments of Defense, State and 

Commerce. The period for submitting 

comments on that rule closed July 2, 

2012. 

Changes Made to Controls on Auxiliary 

and Miscellaneous Military Equipment 

by This Rule 

This rule implements the proposals of 

the May 18 (auxiliary equipment) rule 

by creating five new ECCNs to control 

auxiliary and miscellaneous military 

equipment and related articles the 

President determined no longer warrant 

control under USML Category XIII 

(Auxiliary Military Equipment) and the 

integration of certain WAML category 

ML17 items on the CCL as part of the 

new ‘‘600 series.’’ 

This rule controls some items that 

were classified under ECCNs 0A018, 

0A918, and 0E018 now under new 

ECCNs 0A617 and 0E617. 

Comments and Responses to the May 18 

(Auxiliary Equipment) Rule 

Three companies submitted 

comments to BIS regarding the May 18 

(auxiliary equipment) rule. Their 

comments and BIS’s responses are as 

follows. 

General Observations 

Comment: One commenter asserted 

that BIS omitted several items from 

WAML category ML17 in the proposed 

rule’s list of equipment for ECCN 

0A617. Specifically, the commenter said 

that BIS failed to include items in 

paragraph 17.a self-contained diving 

and underwater apparatus; 17.c–.e 

fittings, field engineer equipment, 

‘‘robots’’; 17.g–.i. nuclear power 

generating equipment, equipment and 

material, simulators; and 17.o & .p laser 

protection equipment, ‘‘fuel cells’’ in 

ECCN 0A617. 

Response: The control in the EAR of 

the WAML category ML17 items the 

commenter identified are described in 

BIS’s May 18 (auxiliary equipment) rule 

and are further described in the ‘‘related 

items’’ to 0A617 and in 0A617.y. 

Comment: One commenter stated that 

proposed changes to companion USML 

Category XIII as proposed would result 

in only a small number of items 

proposed to be moved to the ‘‘600 

series’’ on the CCL. The commenter 

further stated that jurisdictional clarity 

would provide few benefits for U.S. 

exporters if items that no longer warrant 

control as munitions items continue to 

be identified on the USML. 

Response: BIS notes that the purpose 

of ECR and the resulting movement and 

revision of the list of items from USML 

categories was not intended to be an 

exercise to decontrol items per se but 

rather is an effort to identify items that 

need to be controlled on the USML 

consistent with the national security 

and foreign policy objectives of the 

effort. 

ECCN 0A617: Miscellaneous 

Equipment, Materials, and Related 

Commodities 

Comment: With regard to paragraph .a 

of ECCN 0A617 (construction 

equipment), a commenter expressed an 

expectation that this paragraph would 

control a substantial amount of 

construction material not currently 

controlled on the USML, subjecting the 

items to a worldwide licensing 

requirement, except Canada. A simple 

mobile crane designed to fit within a 

USML-controlled cargo aircraft would 

be caught simply on the basis of size. 

The commenter went on to say that this 

would result in precisely the type of 

militarily insignificant equipment that 

does not warrant such a stringent 

control. 

Response: Upon further review, BIS 

has determined that such items do not 

warrant controls more than those 

applicable to 0A617.y and has revised 

the rule by placing construction 

equipment under paragraph .y of ECCN 

0A617. 

Comment: One commenter asked that 

BIS clarify what is covered or is meant 

by the term ‘‘test models,’’ as proposed 

in the May 18 (auxiliary equipment) 

rule to be covered by paragraph .d of 

ECCN 0A617. The commenter went on 

to say that without the clarification the 

control could have significant licensing 

impact on all USML-controlled 

programs, as well as some systems in 

the EAR. As proposed, test models 

could include both physical and 

standard computer test models/ 

programs. Exporters would be required 

to apply for a license for computer test 

models that simply validate form, fit 

and function or dynamic physical 

properties of an end item. The 

commenter recommended that this item 

be deleted. Existing USML and EAR 

controls are adequate to control 

sensitive test models. 

Response: BIS does not accept the 

recommendation that test models under 

ECCN 0A617 be deleted. Instead, this 

rule clarifies in ECCN 0A617.d what is 

meant by test models for purposes of 

that entry, which does not control 

software. To the extent software is 

controlled, it is described in a D group 

ECCN. In the proposed rule, BIS stated 

that such items are identified in WAML 

category ML17.n and controlled in 

relation to the defense article they 

model, such as items in USML 

Categories VII(g) and VIII(h). However, 

to address the commenter’s request for 

further guidance on what is meant by 

the term test model for purposes of 

complying with the EAR, and to track 

more closely with the WAML, this rule 

narrows ECCN 0A617.d to control test 

models for defense articles in USML 

Categories IV, VI, VII and VIII. 

Comment: A commenter 

recommended that the description of 

items as proposed in the May 18 

(auxiliary equipment) rule to be covered 

by then paragraph .y.1 of ECCN 0A617 

(containers ‘‘specially designed for 

defense articles or items controlled by a 

‘‘600 series’’) be modified if the 

proposed definition of ‘‘specially 

designed’’ in the June 19 (specially 

designed) rule changed or was not 

adopted. Positive criteria are needed for 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ cited in the Federal 

Register notice. As proposed, the 

wording of 0A617.y.1 would be 

sufficient only to control containers that 

are part or component of a defense 

article or ‘‘600 series’’ item, or an 

accessory or attachment of such articles 

if it also enhances the article’s 

usefulness or effectiveness. 

Response: The intended scope of 

paragraph y.1 was to control containers 

as ‘‘end items.’’ Containers ‘‘specially 

designed’’ for use in or with controlled 

items may be controlled without being 

a ‘‘part,’’ ‘‘component,’’ ‘‘accessory,’’ or 

‘‘attachment.’’ To refine the scope of 

coverage, in this final rule, BIS revised 

the description of containers to be 

covered by ECCN 0A617.y.3 by limiting 

the containers to those that are not 

elsewhere specified on the CCL and that 

are ‘‘specially designed’’ for shipping or 

packing defense articles or ‘‘600 series’’ 

items. 


tkelley on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 40909 

Comment: A commenter 

recommended deleting field generators 

‘‘specially designed’’ for military use 

covered by proposed paragraph .y.2 in 

ECCN 0A617. The commenter noted 

that the Department of State, Directorate 

of Defense Trade Controls determined in 

in a commodity jurisdiction 

determination that these items were 

classified under ECCN 2A994. The 

commenter added that this existing 

ECCN for portable electric generators 

and specially designed parts seems to be 

more suitable to control these 

generators/items. 

Response: BIS does not adopt this 

recommendation. Items ‘‘specially 

designed’’ for military use are to be 

controlled in ‘‘600 series’’ items, 

particularly when listed on the WAML. 

Thus, BIS will control field generators 

specially designed for military use in 

0A617.y. Items controlled by 2A994 

continue to be controlled by 2A994. 

ECCN 0C617 Miscellaneous Materials 

‘‘Specially Designed’’ for Military Use 

Comment: A commenter 

recommended that specific positive 

criteria be provided in the entry for 

proposed paragraph .a of ECCN 0C617— 

materials, coatings, and treatments for 

signature suppression, ‘‘specially 

designed’’ for military use that are not 

controlled by the USML Category XIII or 

ECCNs 1C001 or 1C101. The commenter 

stated that such criteria are needed to 

prevent misinterpretation of what is 

caught by the ECCN because the term 

significant suppression is not defined 

and lacks positive criteria as to what 

level of suppression would be caught by 

the ECCN. As proposed, use of thicker 

sheet metal or insulation (both are 

material) to reduce noise level (acoustic 

signature) could be construed as 

controlled by 0C617.a. 

Response: To clarify the scope of the 

items covered by paragraph .a of ECCN 

0C617, BIS revised the description of 

that paragraph. That paragraph now 

reads ‘‘[m]aterials, coatings and 

treatments for signature suppression, 

‘‘specially designed’’ for military use to 

reduce detectability or observability and 

that are not controlled by USML 

Category XIII or ECCNs 1C001 or 

1C101.’’ 

Detailed Description of 0Y617 ECCNs 

Final Provisions Compared to the 

Proposed Rule 

New ECCN 0A617: Miscellaneous 

Equipment, Materials, and Related 

Commodities 

The May 18 (auxiliary equipment) 

rule proposed to include in ECCN 

0A617.a the control of construction 

equipment ‘‘specially designed’’ for 

military use, including such equipment 

‘‘specially designed’’ for transport in 

aircraft controlled by USML Category 

VIII(a) or ECCN 9A610.a; and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ 

therefor, including crew protection kits 

used as protective cabs. Such items 

were controlled under ECCN 0A018.a as 

‘‘construction equipment built to 

military specifications, including 

equipment specially designed for 

airborne transport; and specially 

designed parts and accessories for such 

construction equipment, including crew 

protection kits used as protective cabs,’’ 

and are identified in WAML category 

ML 17.b. In response to comment and 

upon further review, BIS determined 

that construction equipment and 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ for such equipment, 

if ‘‘specially designed’’ for a defense 

article or ‘‘600 series’’ end item 

appropriately will be controlled for antiterrorism (AT) reasons only by 

paragraph .y.1 of ECCN 0A617. 

Paragraph .a is reserved. 

As was proposed, ECCN 0A617.b 

controls concealment and deception 

equipment ‘‘specially designed’’ for 

military application that are not 

controlled in USML Category XIII(g), as 

well as ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ 

‘‘specially designed’’ therefor. 

ECCN 0A617.c controls ferries, 

bridges (other than those described in 

ECCN 0A606 or USML Category VII), 

and pontoons if the ferries, bridges or 

pontoons are ‘‘specially designed’’ for 

military use. Although not explicitly 

named or described on the USML, these 

items were controlled by USML 

Category VII(g) and identified in WAML 

category ML 17.m. 

In this final rule, ECCN 0A617.d 

controls test models ‘‘specially 

designed’’ for the ‘‘development’’ of 

defense articles controlled by the USML 

in Categories IV, VI, VII and VIII. 

ECCN 0A617.e is reserved. The 

photointerpretation, stereoscopic 

plotting, and photogrammetry 

equipment originally proposed to be 

controlled in paragraph .e are retained 

on the USML. 

ECCN 0A617.f controls ‘‘metal 

embrittlement agents,’’ currently 

controlled by USML Category XIII(i) but 

not within the scope of the revised 

Category XIII the State Department has 

proposed. The term ‘‘metal 

embrittlement agents’’ is defined in the 

EAR the same way it is defined in the 

ITAR. 

Paragraphs .g through .x are reserved. 

Unlike other proposed ‘‘600 series’’ 

ECCN rules previously published as a 

part of ECR, ECCN 0A617, and the other 

ECCNs in the 0Y617 series, still do not 

contain a catch-all control in the ‘‘.x’’ 

subparagraph for all parts and 

components ‘‘specially designed’’ for 

items in that category because neither 

USML Category XIII nor WAML 

category ML17 contain such a catch-all 

for auxiliary or miscellaneous military 

equipment. To the extent a part or 

component is controlled in this ECCN, 

it is described in the applicable 

subparagraphs. 

Paragraph .y controls other 

commodities, as listed in the .y 

subparagraphs. However, in the May 18 

(auxiliary equipment) rule, BIS 

proposed that ECCN 0A617.y.1 would 

control containers ‘‘specially designed’’ 

for military use, which are currently 

identified in WAML category ML 17.i. 

ECCN 0A617.y.2 would control military 

field generators, which are currently 

identified in WAML category ML 17.k. 

ECCN 0A617.y.3 would control military 

power-controlled searchlights and 

related items. Such items were 

classified under ECCN 0A918.a as 

‘‘miscellaneous military equipment.’’ 

In this final rule, ECCN 0A617.y.1 

controls construction equipment 

‘‘specially designed’’ for military use, 

including such equipment ‘‘specially 

designed’’ for transport in aircraft 

controlled by USML Category VIII(a) or 

ECCN 9A610.a. ‘‘Parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ 

‘‘specially designed’’ therefor, including 

crew protection kits used as protective 

cabs, are controlled in 0A617.y.2. 

Containers ‘‘specially designed’’ for 

military use, which are currently 

identified in WAML category ML17.l, 

are controlled by ECCN 0A617.y.3. 

Military field generators, which are 

currently identified in WAML category 

ML17.k, are controlled by ECCN 

0A617.y.4. Military power-controlled 

searchlights and related items are 

controlled by ECCN 0A617.y.5. Such 

items were classified under ECCN 

0A918.a as ‘‘miscellaneous military 

equipment.’’ 

Finally, as noted in the May 18 

(auxiliary equipment) rule, to the extent 

an item referred to in WAML category 

ML17 is already clearly controlled in 

another existing USML Category or 

ECCN, then the ‘‘related controls’’ note 

at the beginning of proposed ECCN 

0A617 identifies where in the CCL or 

the USML it is controlled. 


tkelley on DSK3SPTVN1PROD with RULES2
40910 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 

New ECCN 0B617: ‘‘Equipment’’ 

‘‘specially designed’’ for commodities 

controlled by ECCN 0A617 or USML 

Category XIII 

Consistent with the April 16 (initial 

implementation) rule, ECCN 0B617.a 

controls test, inspection, and production 

‘‘equipment’’ not controlled by USML 

Category XIII(k) ‘‘specially designed’’ for 

the ‘‘production,’’ ‘‘development,’’ 

repair, overhaul, or refurbishing of 

commodities enumerated in ECCN 

0A617 (except for 0A617.y) or USML 

Category XIII, and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ 

therefor. Paragraph .b is reserved. 

A note to 0B617 explains that field 

engineer equipment ‘‘specially 

designed’’ for use in a combat zone and 

mobile repair shops ‘‘specially designed 

or modified to service military 

equipment, which are identified in 

WAML category ML17.d and 17.j,’’ 

respectively, are classified under ECCN 

0B617 to the extent that the items are 

not included in USML XIII(k). 

New ECCN 0C617: Miscellaneous 

Materials ‘‘Specially Designed’’ for 

Military Use 

ECCN 0C617.a controls materials, 

coatings and treatments for signature 

suppression, ‘‘specially designed’’ for 

military use to reduce detectability or 

observability and that are not controlled 

by the USML or ECCNs 1C001 or 1C101. 

The May 18 (auxiliary equipment) rule 

listed the units in which commodities 

controlled by this ECCN would be 

licensed as ‘‘End items in number; parts, 

components, accessories and 

attachments in $ value.’’ This final rule 

replaces that sentence with ‘‘$ value,’’ 

which is the unit used for licensing 

materials in other ECCNs. Unchanged 

from the May 18 (auxiliary equipment) 

rule, paragraph .b is reserved. 

New ECCN 0D617: ‘‘Software’’ 

‘‘Specially Designed’’ for Items 

Controlled by ECCN 0A617, 0B617 or 

0C617 

Consistent with the April 16 (initial 

implementation) rule, ECCN 0D617.a 

controls ‘‘software’’ ‘‘specially 

designed’’ for the ‘‘development,’’ 

‘‘production,’’ operation or maintenance 

of commodities controlled by ECCN 

0A617, ‘‘equipment’’ controlled by 

ECCN 0B617, or materials controlled by 

ECCN 0C617 as described in the 

proposed rule. Paragraphs .b through .x 

are reserved. 

Consistent with the other 

implemented ‘‘600 series’’ software 

controls, the .y paragraphs for ECCN 

0D617 controls specific ‘‘software’’ 

‘‘specially designed’’ for the 

‘‘production,’’ ‘‘development,’’ 

operation or maintenance of 

commodities controlled by ECCN 

0A617.y. 

New ECCN 0E617: ‘‘Technology’’ 

‘‘Required’’ for Items Controlled by 

ECCN 0A617, 0B617, 0C617 or 0D617 

As provided in the May 18 (auxiliary 

equipment) rule, ECCN 0E617.a controls 

‘‘technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul or refurbishing of 

commodities controlled by ECCN 

0A617, ‘‘equipment’’ controlled by 

ECCN 0B617, materials controlled by 

ECCN 0C617, or ‘‘software’’ controlled 

by ECCN 0D617. Items controlled by 

ECCN 0E617 include ‘‘technology’’ 

previously in ECCN 0E018 for the 

‘‘production’’ of crew protection kits 

used as protective cabs (previously in 

ECCN 0A018.a and proposed for ECCN 

0A617). Paragraphs .b through .x are 

reserved. 

Subparagraph .y. of ECCN 0E617 

controls specific ‘‘technology’’ 

‘‘required’’ for the ‘‘production,’’ 

‘‘development,’’ operation, installation, 

maintenance, repair, overhaul or 

refurbishing of items controlled by 

ECCNs 0A617.y or 0D617.y. ECCN 

0E617.y.1 controls ‘‘technology’’ for 

military power-controlled searchlights 

and related items, which would be 

classified under ECCN 0A617.y.5, 

instead of .y.3 as originally proposed, 

(moving from ECCN 0A918.a). The 

‘‘technology’’ for such items is classified 

under ECCN 0E617.y. 

Regulatory Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has been 

designated a ‘‘significant regulatory 

action,’’ although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

the rule has been reviewed by the Office 

of Management and Budget (OMB). 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor is 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 

OMB control number. This final rule 

would affect the following approved 

collections: Simplified Network 

Application Processing System (control 

number 0694–0088), which includes, 

among other things, license 

applications; license exceptions (0694– 

0137); voluntary self-disclosure of 

violations (0694–0058); recordkeeping 

(0694–0096); export clearance (0694– 

0122); and the Automated Export 

System (0607–0152). 

As stated in the July 15 (framework) 

rule, BIS believed that the combined 

effect of all rules to be published adding 

items to the EAR that would be removed 

from the ITAR as part of the 

administration’s Export Control Reform 

Initiative would increase the number of 

license applications to be submitted to 

BIS by approximately 16,000 annually. 

As the review of the USML progressed, 

the interagency group gained more 

specific information about the number 

of items that would come under BIS 

jurisdiction. As of the June 21 

(transition) rule, BIS estimated the 

increase in license applications to be 

30,000 annually, resulting in an increase 

in burden hours of 8,500 (30,000 

transactions at 17 minutes each) under 

control number 0694–0088. BIS 

continues to review its estimate of this 

level of increase as more information 

becomes available. As described below, 

the net burden U.S. export controls 

impose on U.S. exporters will go down 

as a result of the transfer of less 

sensitive military items to the 

jurisdiction of the CCL and the 

application of the license exceptions 

and other provisions set forth in this 

rule. 

Some items formerly on the USML 

will become eligible for License 

Exception STA under this rule. Other 

such items may become eligible for 

License Exception STA upon approval 

of an eligibility request. BIS believes 

that the increased use of License 

Exception STA resulting from the 

combined effect of all rules to be 

published adding items to the EAR that 

would be removed from the ITAR as 

part of the administration’s Export 

Control Reform Initiative would 

increase the burden associated with 

control number 0694–0137 by about 

14,758 hours (12,650 transactions at 1 

hour and 10 minutes each). BIS expects 

that this increase in burden would be 

more than offset by a reduction in 

burden hours associated with approved 

collections related to the ITAR. 


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3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132. 

4. The Regulatory Flexibility Act 

(RFA), as amended by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 5 U.S.C. 

601 et seq., generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to the notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

(5 U.S.C. 553) or any other statute, 

unless the agency certifies that the rule 

will not have a significant economic 

impact on a substantial number of small 

entities. Under section 605(b) of the 

RFA, however, if the head of an agency 

certifies that a rule will not have a 

significant impact on a substantial 

number of small entities, the statute 

does not require the agency to prepare 

a regulatory flexibility analysis. 

Pursuant to section 605(b), the Chief 

Counsel for Regulations, Department of 

Commerce, certified to the Chief 

Counsel for Advocacy that this rule 

would not have a significant impact on 

a substantial number of small entities. 

The rationale for that certification was 

stated in the preambles to proposed 

rules at 76 FR 76085, 76091, December 

6, 2011; 76 FR 80282, 80287, December 

23, 2011; 76 FR 80291, 80298, December 

23, 2011; and 77 FR 29564, 29570, May 

18, 2012. BIS received no comments on 

that rationale and is making no changes 

to it for this final rule. Therefore, it is 

not repeated here. 

List of Subjects 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Parts 770 and 772 

Exports. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, the Export Administration 

Regulations (15 CFR parts 730–774) are 

amended as follows: 

PART 740—[AMENDED] 

■ 1. The authority citation for part 740 

continues to read as follows: 

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

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

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

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

Comp., p. 783; Notice of August 15, 2012, 77 

FR 49699 (August 16, 2012). 

■ 2. Section 740.20 is amended by 

revising paragraphs (b)(3)(iii) and (g)(1), 

as added April 16, 2013, at 78 FR 22718, 

effective October 15, 2013, to read as 

follows: 

§ 740.20 License Exception Strategic 

Trade Authorization (STA). 

* * * * * 

(b) * * * 

(3) * * * 

(iii) License Exception STA may not 

be used to export, reexport, or transfer 

(in-country) end items described in 

ECCN 0A606.a, ECCN 8A609.a, ECCN 

8A620.a or .b, or ECCN 9A610.a until 

after BIS has approved their export 

under STA under the procedures set out 

in § 740.20(g). 

* * * * * 

(g) * * * 

(1) Applicability. Any person may 

request License Exception STA 

eligibility for end items described in 

ECCN 0A606.a, ECCN 8A609.a, ECCN 

8A620.a or .b, or ECCN 9A610.a. 

* * * * * 

PART 742—[AMENDED] 

■ 3. The authority citation paragraph for 

part 742 continues to read as follows: 

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

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

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

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

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

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

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

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

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

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

Comp., p. 783; Presidential Determination 

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

16, 2003; Notice of Notice of August 15, 

2012, 77 FR 49699 (August 16, 2012); Notice 

of November 1, 2012, 77 FR 66513 

(November 5, 2012). 

■ 4. Section 742.6 is amended by 

revising paragraph (a)(4)(i) to read as 

follows: 

§ 742.6 Regional stability. 

(a) * * * 

(4) * * * 

(i) License Requirements Applicable 

to Most RS Column 2 Items. As 

indicated in the CCL and in RS Column 

2 of the Commerce Country Chart (see 

Supplement No. 1 to part 738 of the 

EAR), a license is required to any 

destination except Australia, Japan, 

New Zealand, and countries in the 

North Atlantic Treaty Organization 

(NATO) for all items in ECCNs on the 

CCL that include RS Column 2 in the 

Country Chart column of the ‘‘License 

Requirements’’ section. 

* * * * * 

PART 770—[AMENDED] 

■ 5. The authority citation paragraph for 

part 770 continues to read as follows: 

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

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

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

15, 2012, 77 FR 49699 (August 16, 2012). 

§ 770.2 [Amended] 

■ 6. Section 770.2 is amended by 

removing and reserving paragraph (h). 

PART 772—[AMENDED] 

■ 7. The authority citation for part 772 

continues to read as follows: 

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

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

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

15, 2012, 77 FR 49699 (August 16, 2012). 

■ 8. Section 772.1 is amended by adding 

a definition for ‘‘metal embrittlement 

agents’’ in alphabetical order to read as 

follows: 

§ 772.1 Definitions of terms as used in the 

Export Administration Regulations (EAR). 

* * * * * 

Metal embrittlement agents. (Cat. 0)— 

Non-lethal weapon substances that alter 

the crystal structure of metals within a 

short time span. Metal embrittlement 

agents severely weaken metals by 

chemically changing their molecular 

structure. These agents are compounded 

in various substances to include 

adhesives, liquids, aerosols, foams, and 

lubricants. 

* * * * * 

PART 774—[AMENDED] 

■ 9. The authority citation for part 774 

continues to read as follows: 

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

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

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

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

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

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

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

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

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

Comp., p. 783; Notice of August 15, 2012, 77 

FR 49699 (August 16, 2012). 

■ 10. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items]— 

Export Control Classification Number 

(ECCN) 0A018 is amended by: 

■ a. Adding a sentence to the end of the 

Related Controls paragraph in the List of 

Items Controlled section as set forth 

below; and 


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■ b. Removing and reserving paragraph 

.a in the Items paragraph of the List of 

Items Controlled section: 

0A018 Items on the Wassenaar Munitions 

List 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * (1) See 0A979, 

0A988, and 22 CFR 121.1 Categories 

I(a), III(b-d), and X(a). (2) See ECCN 

0A617.y.1 and .y.2 for items formerly 

controlled by ECCN 0A018.a. 

Related Definitions: * * * 

Items: 

a. [RESERVED]. 

* * * * * 

■ 11. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items] 

add new ECCNs 0A606 and 0A617 

between ECCNs 0A521 and 0A918 to 

read as follows: 

0A606 Ground vehicles and related 

commodities, as follows (see List of 

Items Controlled): License Requirements 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry, except 

0A606.b and .y.

NS Column 1 

NS applies to 

0A606.b.

NS Column 2 

RS applies to entire 

entry, except 

0A606.b and .y.

RS Column 1 

RS applies to 

0A606.b.

RS Column 2 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry, except 

0A606.y.

See § 746.1(b) for UN 

controls 

License Exceptions 

LVS: $1500 

GBS: N/A 

CIV: N/A 

STA: (1) Paragraph (c)(1) of License 

Exception STA (§ 740.20(c)(1) of the EAR) 

may not be used for any item in 0A606.a, 

unless determined by BIS to be eligible for 

License Exception STA in accordance with 

§ 740.20(g) (License Exception STA 

eligibility requests for ‘‘600 series’’ end 

items). (2) Paragraph (c)(2) of License 

Exception STA (§ 740.20(c)(2) of the EAR) 

may not be used for any item in 0A606. 

List of Items Controlled 

Unit: Equipment in number; ‘‘parts’’, 

‘‘components’’, ‘‘accessories’’ and 

‘‘attachments’’ in $ value 

Related Controls: (1) The ground vehicles, 

other articles, technical data (including 

software) and services described in 22 CFR 

part 121, Category VII are subject to the 

jurisdiction of the International Traffic in 

Arms Regulations. (2) See ECCN 0A919 for 

foreign-made ‘‘military commodities’’ that 

incorporate more than a de minimis 

amount of U.S.-origin ‘‘600 series’’ 

controlled content. 

Related Definitions: N/A 

Items: 

a. Ground vehicles, whether manned or 

unmanned, ‘‘specially designed’’ for a 

military use and not enumerated in USML 

Category VII. 

Note 1 to paragraph .a: For purposes of 

paragraph .a, ‘‘ground vehicles’’ include (i) 

tanks and armored vehicles manufactured 

prior to 1956 that have not been modified 

since 1955 and that do not contain a 

functional weapon or a weapon capable of 

becoming functional through repair; (ii) 

military railway trains except those that are 

armed or are ‘‘specially designed’’ to launch 

missiles; (iii) unarmored military recovery 

and other support vehicles; (iv) unarmored, 

unarmed vehicles with mounts or hard points 

for firearms of .50 caliber or less; and (iv) 

trailers ‘‘specially designed’’ for use with 

other ground vehicles enumerated in USML 

Category VII or ECCN 0A606.a, and not 

separately enumerated in USML Category 

VII. For purposes of this note, the term 

‘‘modified’’ does not include incorporation of 

safety features required by law, cosmetic 

changes (e.g., different paint or repositioning 

of bolt holes)or addition of ‘‘parts’’ or 

‘‘components’’ available prior to 1956. 

Note 2 to paragraph .a: A ground vehicle’s 

being ‘‘specially designed’’ for military use 

for purposes of determining controls under 

paragraph .a. entails a structural, electrical 

or mechanical feature involving one or more 

components that are ‘‘specially designed’’ for 

military use. Such components include: 

a. Pneumatic tire casings of a kind 

specially designed to be bullet-proof; 

b. Armored protection of vital parts, (e.g., 

fuel tanks or vehicle cabs); 

c. Special reinforcements or mountings for 

weapons; 

d. Black-out lighting. 

b. Other ground vehicles, ‘‘parts’’ and 

‘‘components,’’ as follows: 

b.1. Unarmed vehicles that are derived 

from civilian vehicles and that have all of the 

following: 

b.1.a. Manufactured or fitted with materials 

or components other than reactive or 

electromagnetic armor to provide ballistic 

protection to level III (National Institute of 

Justice standard 0108.01, September 1985) or 

better; 

b.1.b. A transmission to provide drive to 

both front and rear wheels simultaneously, 

including those vehicles having additional 

wheels for load bearing purposes whether 

driven or not; 

b.1.c. Gross vehicle weight rating (GVWR) 

greater than 4,500 kg; and 

b.1.d. Designed or modified for off-road 

use. 

b.2. ‘‘Parts’’ and ‘‘components’’ having all 

of the following: 

b.2.a. ‘‘Specially designed’’ for vehicles 

specified in paragraph .b.1 of this entry; and 

b.2.b. Providing ballistic protection to level 

III (National Institute of Justice standard 

0108.01, September 1985) or better. 

Note 1 to paragraph b: Ground vehicles 

otherwise controlled by 0A606.b.1 that 

contain reactive or electromagnetic armor are 

subject to the controls of USML Category VII. 

Note 2 to paragraph b: ECCN 0A606.b.1 

does not control civilian vehicles ‘‘specially 

designed’’ for transporting money or 

valuables. 

Note 3 to paragraph b: ‘‘Unarmed’’ means 

not having installed weapons, installed 

mountings for weapons, or special 

reinforcements for mounts for weapons. 

c. Air-cooled diesel engines and engine 

blocks for armored vehicles that weigh more 

than 40 tons. 

d. Fully automatic continuously variable 

transmissions for tracked combat vehicles. 

e. Deep water fording kits ‘‘specially 

designed’’ for ground vehicles controlled by 

ECCN 0A606.a or USML Category VII. 

f. Self-launching bridge components not 

enumerated in USML Category VII(g) 

‘‘specially designed’’ for deployment by 

ground vehicles enumerated in USML 

Category VII or this ECCN. 

g. through w. [RESERVED] 

x. ‘‘Parts’’, ‘‘components’’, ‘‘accessories’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity enumerated in 

ECCN 0A606 (other than 0A606.b or 

0A606.y) or a defense article enumerated in 

USML Category VII and not elsewhere 

specified on the USML or in 0A606.y. 

Note 1: Forgings, castings, and other 

unfinished products, such as extrusions and 

machined bodies, that have reached a stage 

in manufacture where they are clearly 

identifiable by mechanical properties, 

material composition, geometry, or function 

as commodities controlled by ECCN 0A606.x 

are controlled by ECCN 0A606.x. 

Note 2: ‘‘Parts,’’ ‘‘components,’’ 

‘‘accessories’’ and ‘‘attachments’’ 

enumerated in USML paragraph VII(g) are 

subject to the controls of that paragraph. 

‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ enumerated in ECCN 0A606.y 

are subject to the controls of that paragraph. 

y. Specific ‘‘parts’’, ‘‘components’’, 

‘‘accessories’’ and ‘‘attachments’’ ‘‘specially 

designed’’ for a commodity enumerated in 

this ECCN (other than ECCN 0A606.b) or for 

a defense article in USML Category VII and 

not elsewhere specified on the USML or the 

CCL, as follows: 

y.1. Brake discs, rotors, drums, calipers, 

cylinders, pads, shoes, lines, hoses, vacuum 

boosters, and parts therefor; 

y.2. Alternators and generators; 

y.3. Axles; 

y.4. Batteries; 

y.5. Bearings (e.g., ball, roller, wheel); 

y.6. Cables, cable assembles, and 

connectors; 

y.7. Cooling system hoses; 

y.8. Hydraulic, fuel, oil, and air filters, 

other than those controlled by ECCN 1A004; 

y.9. Gaskets and o-rings; 

y.10. Hydraulic system hoses, fittings, 

couplings, adapters, and valves; 

y.11. Latches and hinges; 


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y.12. Lighting systems, fuses, and 

components; 

y.13. Pneumatic hoses, fittings, adapters, 

couplings, and valves; 

y.14. Seats, seat assemblies, seat supports, 

and harnesses; 

y.15 Tires, except run flat; and 

y.16 Windows, except those for armored 

vehicles. 

0A617 Miscellaneous ‘‘equipment,’’ 

materials, and related commodities (see 

List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry, except 

0A617.y.

NS Column 1 

RS applies to entire 

entry, except 

0A617.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry, except 

0A617.y.

See § 764.1(b) for UN 

controls 

License Exceptions 

LVS: $1500 

GBS: N/A 

CIV: N/A 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 0A617. 

List of Items Controlled 

Unit: ‘‘End items’’ in number; ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ in $ value. 

Related Controls: (1) Defense articles, such as 

materials made from classified 

information, that are controlled by USML 

Category XIII, and technical data 

(including software) directly related 

thereto, are subject to the ITAR. (2) See 

ECCN 0A919 for foreign-made ‘‘military 

commodities’’ that incorporate more than a 

de minimis amount of U.S.-origin ‘‘600 

series’’ controlled content. (3) For controls 

on self-contained diving and underwater 

swimming apparatus and related 

commodities, see ECCN 8A620.f. (4) For 

controls on robots, robot controllers, and 

robot end-effectors, see USML Category VII 

and ECCNs 0A606 and 2B007. (5) 

‘‘Libraries,’’ i.e., parametric technical 

databases, ‘‘specially designed’’ for 

military use with equipment controlled by 

the USML or a ‘‘600 series’’ ECCN are 

controlled by the technical data and 

technology controls pertaining to such 

items. (6) For controls on nuclear power 

generating equipment or propulsion 

equipment, including ‘‘nuclear reactors,’’ 

‘‘specially designed’’ for military use, and 

parts and components ‘‘specially 

designed’’ therefor, see USML Categories 

VI, XIII, XV, and XX. (7) Simulators 

‘‘specially designed’’ for military ‘‘nuclear 

reactors’’ are controlled by USML Category 

IX(b). (8) See USML Categories X, XI and 

XII for laser protection equipment (e.g., eye 

and sensor protection) ‘‘specially 

designed’’ for military use. (9) ‘‘Fuel cells’’ 

‘‘specially designed’’ for a defense article 

not on the USML or a commodity 

controlled by a ‘‘600 series’’ ECCN are 

controlled according to the corresponding 

‘‘600 series’’ ECCN for such end items. (10) 

See USML Category XV for controls on fuel 

cells specially designed for satellite or 

spacecraft. 

Items: 

a. [RESERVED] 

b. Concealment and deception equipment 

‘‘specially designed’’ for military application, 

including special paints, decoys, smoke or 

obscuration equipment and simulators, and 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ therefor, 

not controlled by USML Category XIII. 

c. Ferries, bridges (other than those 

described in ECCN 0A606 or USML Category 

VII), and pontoons, ‘‘specially designed’’ for 

military use. 

d. Test models ‘‘specially designed’’ for the 

‘‘development’’ of defense articles controlled 

by USML Categories IV, VI, VII and VIII. 

e. [RESERVED] 

f. ‘‘Metal embrittlement agents.’’ 

g. through x. [RESERVED] 

y. Other commodities as follows: 

y.1. Construction equipment ‘‘specially 

designed’’ for military use, including such 

equipment ‘‘specially designed’’ for transport 

in aircraft controlled by USML VIII(a) or 

ECCN 9A610.a. 

y.2. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ ‘‘specially designed’’ for 

commodities in paragraph .y.1 of this entry, 

including crew protection kits used as 

protective cabs. 

y.3. Containers, n.e.s., ‘‘specially designed’’ 

for shipping or packing defense articles or 

items controlled by a ‘‘600 series’’ ECCN. 

y.4. Field generators ‘‘specially designed’’ 

for military use. 

y.5. Power controlled searchlights and 

control units therefor, ‘‘specially designed’’ 

for military use, and ‘‘equipment’’ mounting 

such units. 

■ 12. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items], 

Export Control Classification Number 

(ECCN) 0A918 is amended by: 

■ a. revising the License Exceptions 

section; and 

■ b. revising the List of Items Controlled 

section, to read as follows: 

0A918 Miscellaneous Military Equipment 

Not on the Wassenaar Munitions List 

(see List of Items Controlled). 

* * * * * 

License Exceptions 

LVS: $1500 

GBS: N/A 

CIV: N/A 

List of Items Controlled 

Unit: In Number. 

Related Controls: See ECCN 0A617.y.5 for 

items formerly controlled by ECCN 

0A918.a. 

Related Definitions: N/A 

Items: Bayonets. 

■ 13. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items], 

add new ECCNs 0B606 and 0B617 

between ECCNs 0B521 and 0B986 to 

read as follows: 

0B606 Test, inspection, and production 

‘‘equipment’’ and related commodities, not 

enumerated on the USML, ‘‘specially 

designed’’ for the ‘‘development,’’ 

‘‘production’’ repair, overhaul, or 

refurbishing of commodities enumerated 

in ECCN 0A606 or USML Category VII (see 

List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

License Exceptions 

LVS: $1500 

GBS: N/A 

CIV: N/A 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 0B606. 

List of Items Controlled 

Unit: Equipment in units. ‘‘Parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ in $ value. 

Related Controls: (1) Ground vehicles, other 

articles, technical data (including software) 

and services described in 22 CFR part 121, 

Category VII are subject to the jurisdiction 

of the International Traffic in Arms 

Regulations. (2) See ECCN 0A919 for 

foreign-made ‘‘military commodities’’ that 

incorporate more than a de minimis 

amount of U.S.-origin ‘‘600 series’’ 

controlled content. 

Related Definitions: N/A 

Items: 

a. Test, inspection, and production 

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

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

overhaul, or refurbishing of commodities 

enumerated in ECCN 0A606 (except for 

0A606.b or 0A606.y) or in USML Category 

VII, and ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories’’ and ‘‘attachments’’ ‘‘specially 

designed’’ therefor. 

Note 1: ECCN 0B606 includes (i) armor 

plate drilling machines, other than radial 

drilling machines, (ii) armor plate planing 

machines, (iii) armor plate quenching 

presses; and (iv) tank turret bearing grinding 

machines. 

b. Environmental test facilities ‘‘specially 

designed’’ for the certification, qualification, 

or testing of commodities enumerated in 

ECCN 0A606 (except for 0A606.b or 0A606.y) 

or in USML Category VII, and ‘‘equipment’’ 

‘‘specially designed’’ therefor. 


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0B617 Test, inspection, and production 

‘‘equipment’’ and related commodities 

‘‘specially designed’’ for the 

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

overhaul, or refurbishing of 

commodities enumerated in ECCN 

0A617 or USML Category XIII, and 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ ‘‘specially designed’’ 

therefor (see List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

License Exceptions 

LVS: $1500 

GBS: N/A 

CIV: N/A 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 0B617. 

List of Items Controlled 

Unit: ‘‘Equipment’’ in number; ‘‘parts,’’ 

‘‘component,’’ ‘‘accessories’’ and 

‘‘attachments’’ in $ value. 

Related Controls: See ECCN 0A919 for 

foreign-made ‘‘military commodities’’ that 

incorporate more than a de minimis 

amount of U.S.-origin ‘‘600 series’’ 

controlled content. 

Related Definitions: N/A 

Items: 

a . Test, inspection, and production 

‘‘equipment’’ not controlled by USML 

Category XIII(k) ‘‘specially designed’’ for the 

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

overhaul, or refurbishing of commodities 

enumerated in ECCN 0A617, (except for 

0A617.y) or USML Category XIII, and 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ therefor. 

b. [RESERVED]. 

Note: Field engineer equipment ‘‘specially 

designed’’ for use in a combat zone, 

identified in the Wassenaar Arrangement 

Munitions List 17.d, and mobile repair shops 

‘‘specially designed’’ or modified to service 

military equipment, identified in Wassenaar 

Arrangement Munitions List 17.j, are 

controlled by 0B617 to the extent that the 

items are not included in USML Category 

XIII(k). 

■ 14. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items], 

add new ECCNs 0C606 and 0C617 after 

ECCN 0C521 to read as follows: 

0C606 Materials ‘‘specially designed’’ for 

commodities controlled by ECCN 0A606 

not elsewhere specified in the USML 

(see List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

License Exceptions 

LVS: $1500 

GBS: N/A 

CIV: N/A 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 0C606. 

List of Items Controlled 

Unit: $ value 

Related Controls: (1) Materials that are 

subject to the jurisdiction of the ITAR are 

described in USML Category XIII. (2) See 

ECCN 0A919 for foreign-made ‘‘military 

commodities’’ that incorporate more than a 

de minimis amount of U.S.-origin ‘‘600 

series’’ controlled content. 

Related Definitions: N/A 

Items: Materials ‘‘specially designed’’ for 

commodities enumerated in ECCN 0A606 

(other than 0A606.b or 0A606.y) or USML 

Category VII, not elsewhere specified in the 

USML or the CCL. 

Note: Materials ‘‘specially designed’’ for 

both ground vehicles enumerated in USML 

Category VII and ground vehicles 

enumerated in ECCN 0A606 are subject to 

the controls of this ECCN unless identified in 

USML Category VII(g) as being subject to the 

controls of that paragraph. 

0C617 Miscellaneous Materials ‘‘Specially 

Designed’’ for Military Use (see List of 

Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

License Exceptions 

LVS: $1500 

GBS: N/A 

CIV: N/A 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 0C617. 

List of Items Controlled 

Unit: $ value. 

Related Controls: (1) For controls on other 

signature suppression materials, see USML 

Category XIII and ECCNs 1C001 and 

1C101. (2) See ECCN 0A919 for foreignmade ‘‘military commodities’’ that 

incorporate more than a de minimis 

amount of U.S.-origin ‘‘600 series’’ 

controlled content. 

Related Definitions: N/A 

Items: 

a. Materials, coatings and treatments for 

signature suppression, ‘‘specially designed’’ 

for military use to reduce detectability or 

observability and that are not controlled by 

USML Category XIII or ECCNs 1C001 or 

1C101. 

b. [RESERVED]. 

■ 15. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items], 

add new ECCNs 0D606 and 0D617 after 

0D521 to read as follows: 

0D606 ‘‘Software’’ ‘‘specially designed’’ for 

the ‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of ground 

vehicles and related commodities 

controlled by 0A606, 0B606, or 0C606 

(see List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry, except 

0D606.y.

NS Column 1 

RS applies to entire 

entry, except 

0D606.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry, except 

0D606.y.

See § 746.1(b) for UN 

controls 

License Exceptions 

CIV: N/A 

TSR: N/A 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any software in 0D606. 

List of Items Controlled 

Unit: $ value. 

Related Controls: (1) Software directly related 

to articles enumerated in USML Category 

VII are subject to the controls of USML 

paragraph VII(h). (2) See ECCN 0A919 for 

foreign made ‘‘military commodities’’ that 

incorporate more than a de minimis 

amount of U.S.-origin ‘‘600 series’’ 

controlled content. 

Related Definitions: N/A 

Items: 

a. ‘‘Software’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation, or 

maintenance of commodities controlled by 

ECCN 0A606 (except for ECCNs 0A606.b or 

0A606.y). 

b. through x. [RESERVED] 

y. Specific ‘‘software’’ ‘‘specially designed’’ 

for the ‘‘production,’’ ‘‘development,’’ 

operation, or maintenance of commodities 

enumerated in ECCN 0A606.y. 

0D617 ‘‘Software’’ ‘‘specially designed’’ for 

the ‘‘development,’’ ‘‘production,’’ 


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Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 40915 

operation, or maintenance of 

commodities controlled by 0A617, 

‘‘equipment’’ controlled by 0B617, or 

materials controlled by 0C617 (see List 

of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry, except 

0D617.y.

NS Column 1 

RS applies to entire 

entry, except 

0D617.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry, except 

0D617.y.

See § 746.1(b) for UN 

controls 

License Exceptions 

CIV: N/A 

TSR: N/A 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any ‘‘software’’ in 0D617. 

List of Items Controlled 

Unit: $ value. 

Related Controls: (1) ‘‘Software’’ directly 

related to articles controlled by USML 

Category XIII is subject to the control of 

USML paragraph XIII(l). (2) See ECCN 

0A919 for foreign-made ‘‘military 

commodities’’ that incorporate more than a 

de minimis amount of U.S.-origin ‘‘600 

series’’ controlled content. 

Related Definitions: N/A 

Items: 

a. ‘‘Software’’ (other than ‘‘software’’ 

controlled in paragraph .y of this entry) 

‘‘specially designed’’ for the ‘‘development,’’ 

‘‘production,’’ operation or maintenance of 

commodities controlled by ECCNs 0A617 

(except 0A617.y), 0B617, or 0C617. 

b. to x. [RESERVED]. 

y. Specific ‘‘software’’ ‘‘specially designed’’ 

for the ‘‘production,’’ ‘‘development,’’ 

operation or maintenance of commodities 

controlled by ECCN 0A617.y. 

■ 16. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items]— 

ECCN 0E018 is amended by adding a 

note at the end of the entry to read as 

follows: 

0E018 ‘‘Technology’’ for the 

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

of items controlled by 0A018. 

* * * * * 

Note: This ECCN no longer controls 

‘‘technology’’ for items formerly controlled by 

0A018.a See ECCN 0A617.y.1 and.y.1.a for 

items formerly controlled by 0A018.a and see 

the ‘‘technology’’ controls for those items in 

ECCN 0E617.y. 

■ 17. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items] 

add new ECCNs 0E606 and 0E617 

between ECCNs 0E521 and 0E918 to 

read as follows: 

0E606 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of 

ground vehicles and related 

commodities in 0A606, 0B606, 0C606, or 

software in 0D606 (see List of Items 

Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry, except 

0E606.y.

NS Column 1 

RS applies to entire 

entry, except 

0E606.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry, except 

0E606.y.

See § 746.1(b) for UN 

controls 

License Exceptions 

CIV: N/A 

TSR: N/A 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any technology in 0D606. 

List of Items Controlled 

Unit: N/A 

Related Controls: Technical data directly 

related to articles enumerated in USML 

Category VII are subject to the controls of 

USML paragraph VII(h). 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

installation, maintenance, repair, overhaul, 

or refurbishing of commodities enumerated 

in ECCN 0A606 (except for ECCNs 0A606.b 

or 0A606.y). 

b. through x. [RESERVED] 

y. Specific ‘‘technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

installation, maintenance, repair, overhaul or 

refurbishing of commodities or software in 

ECCN 0A606.y or 0D606.y. 

0E617 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of 

commodities controlled by ECCN 0A617, 

‘‘equipment controlled by 0B617, or 

materials controlled by 0C617, or 

‘‘software’’ controlled by ECCN 0D617 

(see List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry, except 

0E617.y.

NS Column 1 

Control(s) Country chart 

RS applies to entire 

entry, except 

0E617.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry, except 

0E617.y.

See § 746.1(b) for UN 

controls 

License Exceptions 

CIV: N/A 

TSR: N/A 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any technology in 0E617. 

List of Items Controlled 

Unit: $ value. 

Related Controls: Technical data directly 

related to articles controlled by USML 

Category XIII are subject to the control of 

USML paragraph XIII(l). 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ (other than ‘‘technology’’ 

controlled by paragraph .y of this entry) 

‘‘required’’ for the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishing of commodities or ‘‘software’’ 

controlled by ECCN 0A617 (except 0A617.y), 

0B617, 0C617, or 0D617 (except 0D617.y). 

b. through x. [RESERVED]. 

y. Specific ‘‘technology’’ ‘‘required’’ for the 

‘‘production,’’ ‘‘development,’’ operation, 

installation, maintenance, repair, overhaul, 

or refurbishing of commodities controlled by 

ECCN 0A617.y or ‘‘software’’ controlled by 

0D617.y. 

■ 18. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

8—Marine, ECCN 8A018 is revised to 

read as follows: 

8A018 Items on the Wassenaar 

Arrangement Munitions List. 

No items currently are in this ECCN. 

See ECCN 8A609 for engines and 

propulsion systems and specially 

designed components therefor that, 

immediately prior to January 6, 2014, 

were classified under ECCN 8A018.b.3. 

See ECCN 8A620 for closed and semiclosed circuit (rebreathing) apparatus, 

engines and propulsion systems for 

submersible vessels (diesel engines of 

1,500 hp and over with rotary speed of 

700 rpm or over ‘‘specially designed’’ 

for submarines), submarine and torpedo 

nets, and specially designed 

components therefor that, immediately 

prior to January 6, 2014, were classified 

under ECCN 8A018.a, .b.1, or .b.4, 

respectively. See ECCNs 8A001, 8A002 

and 8A992 for controls on non-military 

submersible vehicles, oceanographic 

and associated equipment. See USML 

Category XX (22 CFR part 121) for 

electric motors specially designed for 

submarines that, immediately prior to 


tkelley on DSK3SPTVN1PROD with RULES2
40916 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 

January 6, 2014, were classified under 

ECCN 8A018.b.2. 

■ 19. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

8—Marine, add new ECCNs 8A609 and 

8A620 between ECCNs 8A018 and 

8A918 to read as follows: 

8A609 Surface vessels of war and related 

commodities (see List of Items 

Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry, except 

8A609.y.

NS Column 1 

RS applies to entire 

entry, except 

8A609.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry, except 

8A609.y.

See § 746.1(b) for UN 

controls 

License Exceptions 

LVS: $1500 

GBS: N/A 

CIV: N/A 

STA: (1) Paragraph (c)(1) of License 

Exception STA (§ 740.20(c)(1) of the EAR) 

may not be used for any item in 8A609.a, 

unless determined by BIS to be eligible for 

License Exception STA in accordance with 

§ 740.20(g) (License Exception STA 

eligibility requests for ‘‘600 series’’ end 

items). (2) Paragraph (c)(2) of License 

Exception STA (§ 740.20(c)(2) of the EAR) 

may not be used for any item in 8A609. 

List of Items Controlled 

Unit: Equipment or ‘‘end items’’ in number; 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ in $ value. 

Related Controls: (1) Surface vessels of war 

and special naval equipment, and technical 

data (including software), and services 

directly related thereto, described in 22 

CFR part 121, Category VI, Surface Vessels 

of War and Special Naval Equipment, are 

subject to the jurisdiction of the 

International Traffic in Arms Regulations. 

(2) See ECCN 0A919 for foreign-made 

‘‘military commodities’’ that incorporate 

more than a de minimis amount of U.S.- 

origin ‘‘600 series’’ controlled content. (3) 

For controls on diesel engines and electric 

motors for surface vessels of war subject to 

the EAR, see ECCN 8A992.g. (4) For 

controls on military gas turbine engines 

and related items for vessels of war, see 

ECCN 9A619. 

Related Definitions: N/A 

Items: 

a. Surface vessels of war ‘‘specially 

designed’’ for a military use and not 

enumerated in the USML. 

Note 1: 8A609.a includes: (i) Underway 

replenishment ships; (ii) surface vessel and 

submarine tender and repair ships, except 

vessels that are ‘‘specially designed’’ to 

support naval nuclear propulsion plants; (iii) 

non-submersible submarine rescue ships; (iv) 

other auxiliaries (e.g., AGDS, AGF, AGM, 

AGOR, AGOS, AH, AP, ARL, AVB, AVM, and 

AVT); (v) amphibious warfare craft, except 

those that are armed; and (vi) unarmored 

and unarmed coastal, patrol, roadstead, and 

Coast Guard and other patrol craft with 

mounts or hard points for firearms of .50 

caliber or less. 

Note 2: For purposes of paragraph .a, 

surface vessels of war includes vessels 

‘‘specially designed’’ for military use that are 

not identified in paragraph (a) of ITAR 

§ 121.15, including any demilitarized vessels, 

regardless of origin or designation, 

manufactured prior to 1950 and that have 

not been modified since 1949. For purposes 

of this note, the term modified does not 

include incorporation of safety features 

required by law, cosmetic changes (e.g., 

different paint), or the addition of ‘‘parts’’ or 

‘‘components’’ available prior to 1950. 

b. Non-magnetic diesel engines with a 

power output of 50 hp or more and either of 

the following: 

b.1. Non-magnetic content exceeding 25% 

of total weight; or 

b.2. Non-magnetic parts other than 

crankcase, block, head, pistons, covers, end 

plates, valve facings, gaskets, and fuel, 

lubrication and other supply lines. 

c. through w. [RESERVED] 

x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity enumerated in 

ECCN 8A609 (except for 8A609.y) or a 

defense article enumerated in USML 

Category VI and not specified elsewhere on 

the USML or in 8A609.y. 

Note 1: Forgings, castings, and other 

unfinished products, such as extrusions and 

machined bodies, that have reached a stage 

in manufacturing where they are clearly 

identifiable by mechanical properties, 

material composition, geometry, or function 

as commodities controlled by ECCN 8A609.x 

are controlled by ECCN 8A609.x. 

Note 2: ‘‘Parts,’’ ‘‘components,’’ 

‘‘accessories’’ and ‘‘attachments’’ specified in 

USML subcategory VI(f) are subject to the 

controls of that paragraph. ‘‘Parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ specified in ECCN 8A609.y 

are subject to the controls of that paragraph. 

y. Specific ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories’’ and ‘‘attachments’’ ‘‘specially 

designed’’ for a commodity subject to control 

in this ECCN or for a defense article in USML 

Category VI and not elsewhere specified in 

the USML, as follows: 

y.1. Public address (PA) systems; 

y.2. Filters and filter assemblies, hoses, 

lines, fittings, couplings, and brackets for 

pneumatic, hydraulic, oil and fuel systems; 

y.3. Galleys; 

y.4. Lavatories; 

y.5. Magnetic compass, magnetic azimuth 

detector; 

y.6. Medical facilities; 

y.7. Potable water tanks, filters, valves, 

hoses, lines, fittings, couplings, and brackets; 

y.8. Panel knobs, indicators, switches, 

buttons, and dials whether unfiltered or 

filtered for use with night vision imaging 

systems;; 

y.9. Emergency lighting; 

y.10. Gauges and indicators; 

y.11. Audio selector panels. 

8A620 Submersible vessels, oceanographic 

and associated commodities (see List of 

Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry, except 

8A620. b and .y.

NS Column 1 

RS applies to entire 

entry, except 

8A620.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry, except 

8A620.y.

See § 746.1(b) for UN 

controls 

License Exceptions 

LVS: $1500 

GBS: N/A 

CIV: N/A 

STA: (1) Paragraph (c)(1) of License 

Exception STA (§ 740.20(c)(1) of the EAR) 

may not be used for any item in 8A620.a 

or .b, unless determined by BIS to be 

eligible for License Exception STA in 

accordance with § 740.20(g) (License 

Exception STA eligibility requests for ‘‘600 

series’’ end items). (2) Paragraph (c)(2) of 

License Exception STA (§ 740.20(c)(2) of 

the EAR) may not be used for any item in 

8A620. 

List of Items Controlled 

Unit: Equipment in number; ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ in $ value. 

Related Controls: (1) Submersible vessels, 

oceanographic and associated equipment, 

and technical data (including software), 

and services directly related thereto, 

described in 22 CFR part 121, Category XX, 

Submersible Vessels, Oceanographic and 

Associated Equipment, are subject to the 

jurisdiction of the International Traffic in 

Arms Regulations (ITAR). ‘‘Parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ for 

defense articles in USML Category XX are 

controlled under USML sub-category 

XX(c). (2) See ECCN 0A919 for foreignmade ‘‘military commodities’’ that 

incorporate more than a de minimis 

amount of U.S.-origin ‘‘600 series’’ 

controlled content. (3) For controls on nonmilitary submersible vehicles, 

oceanographic and associated equipment, 

see ECCNs 8A001, 8A002, and 8A992. (4) 

See ECCN 8A609 for controls on nonmagnetic diesel engines with a power 

output of 50 hp or more and either: (i) nonmagnetic content exceeding 25% of total 

weight; or (ii) non-magnetic parts other 

than crankcase, block, head, pistons, 

covers, end plates, valve facings, gaskets, 

and fuel, lubrication and other supply 

lines. 


tkelley on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 40917 

Related Definitions: N/A 

Items: 

a. Submersible and semi-submersible 

vessels ‘‘specially designed’’ for a military 

use and not enumerated in the USML. 

Note: 8A620.a includes submarine rescue 

vehicles and Deep Submergence Vehicles 

(DSV). 

b. Submersible and semi-submersible 

vessels ‘‘specially designed’’ for cargo 

transport and ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially 

designed’’ therefor. 

c. Harbor entrance detection devices 

(magnetic, pressure, and acoustic) and 

controls therefor, not elsewhere specified on 

the USML or the CCL. 

d. Diesel engines of 1,500 hp and over with 

rotary speed of 700 rpm or over ‘‘specially 

designed’’ for submarines. 

Note: Propulsion systems not specified in 

ECCN 8A620.d that are ‘‘specially designed’’ 

for an article controlled by USML Category 

XX are controlled by USML XX(b) or (c). 

e. Submarine nets and torpedo nets. 

f. Closed and semi-closed circuit 

(rebreathing) apparatus specially designed for 

military use and not enumerated elsewhere 

in the CCL or in the USML, and specially 

designed components for use in the 

conversion of open-circuit apparatus to 

military use. 

g. through w. [RESERVED] 

x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity enumerated in 

ECCN 8A620 (except for 8A620.b or .y) and 

not specified elsewhere on the USML or in 

8A620.y. 

Note 1: Forgings, castings, and other 

unfinished products, such as extrusions and 

machined bodies, that have reached a stage 

in manufacturing where they are clearly 

identifiable by mechanical properties, 

material composition, geometry, or function 

as commodities controlled by ECCN 8A620.x 

are controlled by ECCN 8A620.x. 

Note 2: ‘‘Parts,’’ ‘‘components,’’ 

‘‘accessories’’ and ‘‘attachments’’ specified in 

ECCN 8A620.y are subject to the controls of 

that paragraph. 

y. Specific ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories’’ and ‘‘attachments’’ ‘‘specially 

designed’’ for a commodity subject to control 

in this ECCN, as follows: 

y.1. Public address (PA) systems; 

y.2. Filters and filter assemblies, hoses, 

lines, fittings, couplings, and brackets for 

pneumatic, hydraulic, oil and fuel systems; 

y.3. Galleys; 

y.4. Lavatories; 

y.5. Magnetic compass, magnetic azimuth 

detector; 

y.6. Medical facilities; 

y.7. Potable water tanks, filters, valves, 

hoses, lines, fittings, couplings, and brackets; 

y.8. Panel knobs, indicators, switches, 

buttons, and dials whether unfiltered or 

filtered for use with night vision imaging 

systems; 

y.9. Emergency lighting; 

y.10. Gauges and indicators; 

y.11. Audio selector panels. 

■ 20. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

8—Marine, add new ECCNs 8B609 and 

8B620 immediately following ECCN 

8B001 to read as follows: 

8B609 Test, inspection, and production 

‘‘equipment’’ and related commodities 

‘‘specially designed’’ for the 

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

overhaul, or refurbishing of 

commodities enumerated in ECCN 

8A609 or USML Category VI (except for 

Cat VI(f)(7)), as follows. 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

License Exceptions 

LVS: $1500 

GBS: N/A 

CIV: N/A 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 8B609. 

List of Items Controlled 

Unit: N/A 

Related Controls: See ECCN 0A919 for 

foreign-made ‘‘military commodities’’ that 

incorporate more than a de minimis 

amount of U.S.-origin ‘‘600 series’’ 

controlled content. 

Related Definitions: N/A 

Items: 

a. Test, inspection, and production 

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

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

overhaul, or refurbishing of commodities 

enumerated in ECCN 8A609 (except for 

8A609.y) or in USML Category VI (except for 

USML Cat VI(f)(7)), and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ ‘‘specially designed’’ therefor. 

b. [RESERVED] 

8B620 Test, inspection, and production 

‘‘equipment’’ and related commodities 

‘‘specially designed’’ for the 

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

overhaul, or refurbishing of 

commodities enumerated in ECCN 

8A620 (see List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry, except 

8B620.b.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

Control(s) Country chart 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

License Exceptions 

LVS: $1500 

GBS: N/A 

CIV: N/A 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 8B620. 

List of Items Controlled 

Unit: N/A 

Related Controls: See ECCN 0A919 for 

foreign-made ‘‘military commodities’’ that 

incorporate more than a de minimis 

amount of U.S.-origin ‘‘600 series’’ 

controlled content. 

Related Definitions: N/A 

Items: 

a. Test, inspection, and production 

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

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

overhaul, or refurbishing of commodities 

enumerated in ECCN 8A620 (except for 

8A620.b and .y) and ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories’’ and ‘‘attachments’’ ‘‘specially 

designed’’ therefor. 

b. Test, inspection, and production 

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

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

overhaul, or refurbishing of commodities 

enumerated in ECCN 8A620.b and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ ‘‘specially designed’’ therefor. 

■ 21. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

8—Marine, add a new ECCN 8C609 

immediately following ECCN 8C001 to 

read as follows: 

8C609 Materials ‘‘specially designed’’ for 

the ‘‘development’’ or ‘‘production’’ of 

commodities controlled by 8A609 not 

elsewhere specified in the USML. 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

License Exceptions 

LVS: $1500 

GBS: N/A 

CIV: N/A 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 8C609. 

List of Items Controlled 

Unit: N/A 

Related Controls: (1) See USML Categories VI 

and XIII(f) for controls on materials 

specially designed for vessels of war 

enumerated in USML Category VI. (2) See 


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40918 Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 

ECCN 0A919 for foreign made ‘‘military 

commodities’’ that incorporate more than a 

de minimis amount of U.S.-origin ‘‘600 

series’’ controlled content. 

Related Definitions: N/A 

Items: 

a. Materials, not enumerated on the USML, 

that are ‘‘specially designed’’ for 

commodities enumerated in ECCN 8A609 

(except for 8A609.y). 

b. [RESERVED] 

■ 22. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

8—Marine, add new ECCNs 8D609 and 

8D620 between ECCN 8D002 and 8D992 

to read as follows: 

8D609 ‘‘Software’’ ‘‘specially designed’’ for 

the ‘‘development,’’ ‘‘production,’’ 

operation or maintenance of 

commodities controlled by 8A609, 

8B609, or 8C609 (see List of Items 

Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry, except 

8D609.y.

NS Column 1 

RS applies to entire 

entry, except 

8D609.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry, except 

8D609.y.

See § 746.1(b) for UN 

controls 

License Exceptions 

CIV: N/A 

TSR: N/A 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any ‘‘software’’ in 8D609. 

List of Items Controlled 

Unit: $ value. 

Related Controls: (1) ‘‘Software’’ directly 

related to articles enumerated in USML 

Category VI is controlled under USML 

Category VI(g). (2) See ECCN 0A919 for 

foreign made ‘‘military commodities’’ that 

incorporate more than a de minimis 

amount of U.S.-origin ‘‘600 series’’ 

controlled content. 

Related Definitions: N/A 

Items: 

a. ‘‘Software’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation, or 

maintenance of commodities controlled by 

ECCN 8A609, ECCN 8B609, or ECCN 8C609 

(except for commodities controlled by ECCN 

8A609.y). 

b. through .x [RESERVED] 

y. Specific ‘‘software’’ ‘‘specially designed’’ 

for the ‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of commodities in 

ECCN 8A609.y. 

8D620 ‘‘Software’’ ‘‘specially designed’’ for 

the ‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by 8A620 or 

8B620 (see List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry, except 

8D620.b and .y.

NS Column 1 

RS applies to entire 

entry, except 

8D620.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry, except 

8D620.y.

See § 746.1(b) for UN 

controls 

License Exceptions 

CIV: N/A 

TSR: N/A 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any ‘‘software’’ in 8D620. 

List of Items Controlled 

Unit: $ value 

Related Controls: (1) ‘‘Software’’ directly 

related to articles enumerated in USML 

Category XX is controlled under USML 

Category XX(d). (2) See ECCN 0A919 for 

foreign made ‘‘military commodities’’ that 

incorporate more than a de minimis 

amount of U.S.-origin ‘‘600 series’’ 

controlled content. 

Related Definitions: N/A 

Items: 

a. ‘‘Software’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation, or 

maintenance of commodities controlled by 

ECCN 8A620 or ECCN 8B620 (except for 

commodities controlled by ECCN 8A620.b or 

.y or ECCN 8B620.b). 

b. ‘‘Software’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation, or 

maintenance of commodities controlled by 

ECCN 8A620.b or ECCN 8B620.b. 

c. through .x [RESERVED] 

y. Specific ‘‘software’’ ‘‘specially designed’’ 

for the ‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of commodities in 

ECCN 8A620.y. 

■ 23. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

8—Marine, add new ECCNs 8E609 and 

8E620 between ECCN 8E002 and 8E992 

to read as follows: 

8E609 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of 

commodities controlled by 8A609, 

8B609, or 8C609, or ‘‘software’’ 

controlled by 8D609 (see List of Items 

Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry, except 

8E609.y.

NS Column 1 

Control(s) Country chart 

RS applies to entire 

entry, except 

8E609.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry, except 

8E609.y.

See § 746.1(b) for UN 

controls 

License Exceptions 

CIV: N/A 

TSR: N/A 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any ‘‘technology’’ in 8E609. 

List of Items Controlled 

Unit: N/A 

Related Controls: Technical data directly 

related to articles enumerated in USML 

Category VI are controlled under USML 

Category VI(g). 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

installation, maintenance, repair, overhaul, 

or refurbishing of commodities controlled by 

ECCN 8A609, 8B609, or 8C609 (except for 

commodities controlled by ECCN 8A609.y), 

or ‘‘software’’ controlled by ECCN 8D609. 

b. through .x [RESERVED] 

y. Specific ‘‘technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

installation, maintenance, repair, overhaul, 

or refurbishing of commodities or software in 

ECCN 8A609.y or 8D609.y. 

8E620 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of 

commodities controlled by 8A620 or 

8B620, or ‘‘software’’ controlled by 

8D620 (see List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) Country chart 

NS applies to entire 

entry, except 

8E620.b and .y.

NS Column 1 

RS applies to entire 

entry, except 

8E620.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry, except 

8E620.y.

See § 746.1(b) for UN 

controls 

License Exceptions 

CIV: N/A 

TSR: N/A 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any ‘‘technology’’ in 8E620. 

List of Items Controlled 

Unit: N/A 

Related Controls: Technical data directly 

related to articles enumerated in USML 

Category XX are controlled under USML 

Category XX(d). 


tkelley on DSK3SPTVN1PROD with RULES2
Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Rules and Regulations 40919 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

installation, maintenance, repair, overhaul, 

or refurbishing of commodities controlled by 

ECCN 8A620 or 8B620 or ‘‘software’’ 

controlled by ECCN 8D620 (except for 

commodities controlled by ECCN 8A620.b or 

.y or ECCN 8B620.b or ‘‘software’’ controlled 

by 8D620.b or .y). 

b. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

installation, maintenance, repair, overhaul, 

or refurbishing of commodities controlled by 

ECCN 8A620.b or 8B620.b or ‘‘software’’ 

controlled by ECCN 8D620.b. 

c. through .x [RESERVED] 

y. Specific ‘‘technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

installation, maintenance, repair, overhaul or 

refurbishing of commodities or software in 

ECCN 8A620.y or 8D620.y. 

■ 24. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 9, 

ECCN 9A018 is revised to read as 

follows: 

9A018 Equipment on the Wassenaar 

Arrangement Munitions List. 

(a) See ECCN 9A610 for the aircraft, 

refuelers, ground equipment, parachutes, 

harnesses, and instrument flight trainers, as 

well as ‘‘parts’’, ‘‘accessories,’’ and 

‘‘attachments’’ for the forgoing that, 

immediately prior to October 15, 2013, were 

classified under 9A018.a.1, .a.3, .c, .d, .e, or 

.f. 

(b) See ECCN 9A619 for military trainer 

aircraft turbo prop engines and ‘‘parts’’ and 

‘‘components’’ therefor that, immediately 

prior to October 15, 2013, were classified 

under ECCN 9A018.a.2 or .a.3. 

(c) See ECCN 0A606.b for certain armored 

ground transport vehicles that prior to 

January 6, 2014 were classified under ECCN 

9A018.b. 

■ 25. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, ECCN 

9A619, the Note at the end of paragraph 

.a in the Items paragraph of the List of 

Items Controlled section is revised to 

read as follows: 

9A619 Military gas turbine engines and 

related commodities. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. * * * 

Note: For purposes of ECCN 9A619.a, the 

term ‘‘military gas turbine engines’’ means 

gas turbine engines ‘‘specially designed’’ for 

‘‘end items’’ enumerated in USML Categories 

VI, VII or VIII or on the CCL under ECCNs 

0A606, 8A609 or 9A610. 

* * * * * 

■ 26. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, ECCN 

9D018 is revised to read as follows: 

9D018 ‘‘Software’’ for the ‘‘use’’ of 

equipment controlled by 9A018. 

(a) See ECCN 9D610 for ‘‘software’’ related 

to aircraft, refuelers, ground equipment, 

parachutes, harnesses, instrument flight 

trainers and ‘‘parts’’, ‘‘accessories,’’ and 

‘‘attachments’’ for the forgoing that, 

immediately prior to October 15, 2013, were 

classified under 9A018.a.1, .a.3, .c, .d, .e, or 

.f. 

(b) See ECCN 9D619 for ‘‘software’’ related 

to military trainer aircraft turbo prop engines 

and ‘‘parts’’ and ‘‘components’’ therefor that, 

immediately prior to October 15, 2013, were 

classified under ECCN 9A018.a.2 or .a.3. 

(c) Software related to certain armored 

ground transport vehicles that prior to 

January 6, 2014 were classified under ECCN 

9A018.b is EAR99 (See 0D606). 

■ 27. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 9, 

ECCN 9E018 is revised to read as 

follows: 

9E018 ‘‘Technology’’ for the 

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

of equipment controlled by 9A018. 

(a) See ECCN 9E610 for ‘‘technology’’ 

related to aircraft, refuelers, ground 

equipment, parachutes, harnesses, 

instrument flight trainers and ‘‘parts’’, 

‘‘accessories’’ and ‘‘attachments’’ for the 

forgoing that, immediately prior to October 

15, 2013, were classified under 9A018.a.1, 

.a.3, .c, .d, .e, or .f. 

(b) See ECCN 9E619 for ‘‘technology’’ 

related to military trainer aircraft turbo prop 

engines and ‘‘parts’’ and ‘‘components’’ 

therefor that, immediately prior to October 

15, 2013, were classified under ECCN 

9A018.a.2 or .a.3. 

(c) Technology related to certain armored 

ground transport vehicles that prior to 

January 6, 2014 were classified under ECCN 

9A018.b is EAR99 (See 0E606). 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2013–16238 Filed 7–5–13; 8:45 am] 

BILLING CODE 3510–33–P 


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