```

[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Rules and Regulations]
[Pages 4612-4617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00723]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 742, 758, and 774

[Docket No. 250108-0012]
RIN 0694-AJ95

Controls on Certain Laboratory Equipment and Related Technology 
To Address Dual Use Concerns About Biotechnology

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Interim final rule.

-----------------------------------------------------------------------

SUMMARY: With this interim final rule (IFR), the Bureau of Industry and 
Security (BIS) is revising the Export Administration Regulations (EAR) 
to address the accelerating development and deployment of advanced 
biotechnology tools contrary to U.S. national security and foreign 
policy interests. This rule institutes new controls on certain 
biotechnology equipment and related technology. It further solicits 
public comments on the changes it implements.

DATES: This rule is effective January 16, 2025.
    Comments must be received by BIS no later than March 17, 2025.

ADDRESSES: Comments on this rule may be submitted to the Federal 
rulemaking portal (www.regulations.gov). The regulations.gov ID for 
this rule is: BIS-2024-0050. Please refer to RIN 0694-AJ95 in all 
comments.
    All filers using the portal should use the name of the person or 
entity submitting the comments as the name of their files, in 
accordance with the instructions below. Anyone submitting

[[Page 4613]]

business confidential information should clearly identify the business 
confidential portion at the time of submission, file a statement 
justifying nondisclosure and referring to the specific legal authority 
claimed, and provide a non-confidential version of the submission.
    For comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC.'' Any page containing 
business confidential information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' on the top of that page. The corresponding non-
confidential version of those comments must be clearly marked 
``PUBLIC.'' The file name of the non-confidential version should begin 
with the character ``P.'' Any submissions with file names that do not 
begin with either a ``BC'' or a ``P'' will be assumed to be public and 
will be made publicly available through https://www.regulations.gov. 
Commenters submitting business confidential information are encouraged 
to scan a hard copy of the non-confidential version to create an image 
of the file, rather than submitting a digital copy with redactions 
applied, to avoid inadvertent redaction errors which could enable the 
public to read business confidential information.

FOR FURTHER INFORMATION CONTACT: For all questions pertaining to this 
rule, contact Theodore Curtin, Director of Chemical Biological Controls 
Division; phone: 202-482-1979; [email protected].

SUPPLEMENTARY INFORMATION:

Background

    As noted in Executive Order (E.O.) 14081, ``Advancing Biotechnology 
and Biomanufacturing Innovation for a Sustainable, Safe, and Secure 
American Bioeconomy'' (87 FR 56849, September 15, 2022), advances in 
biotechnology possess great promise but are inherently dual-use in 
nature. Accordingly, the E.O. calls for safeguarding the United States 
from foreign adversaries that could acquire technologies and data that 
threaten our national security, while also promoting the ethical and 
responsible development and deployment of biotechnology globally. The 
E.O. provides a framework to ensure that biotechnologies do not 
contribute to global instability through irresponsible or malicious 
use.
    The United States recognizes that ensuring the responsible use of 
biotechnology, particularly when combined with advances in artificial 
intelligence (AI) and data science, is essential to safeguard public 
health, agriculture and food production, and the environment. At the 
same time, the United States needs to address the benefits and risks of 
dual-use biotechnology given the potential that its use, particularly 
when coupled with AI and biological design tools, could strengthen the 
military capabilities of countries of concern and lower barriers to the 
design, deployment, and use of novel weapons. As described in the 2024 
Annual Threat Assessment from the Office of the Director of National 
Intelligence, ``new technologies--particularly in the fields of AI and 
biotechnology--are being developed and are proliferating at a 
[challenging] rate'' and that the consolidation of ``these emerging 
technologies is likely to create breakthroughs, which could lead to the 
rapid development of asymmetric threats . . . to U.S. interests.'' 
Certain countries are actively pursuing a strategy to exploit the 
combination of biotechnology with other enabling technologies for 
asymmetric military advantage through applications such as human 
performance enhancement and advanced biologically-derived materials for 
military-industrial use. Given the dual-use nature and relevance of 
specific biotechnology equipment to contribute to the research and 
development of certain militarily relevant technologies, calibrated 
export controls on these categories of equipment are necessary to limit 
immediate risks and protect against long-term national security threats 
in a field that could greatly impact security and defense capabilities.
    This IFR identifies two categories of equipment for additional U.S. 
export controls necessary to help protect U.S. national security. These 
categories of equipment are: (1) high parameter flow cytometers, which 
are used to simultaneously measure several characteristics of 
individual cells or particles, and (2) liquid chromatography mass 
spectrometers specially designed for top-down proteomics, which are 
analytical instruments used to elucidate and quantify unknown 
biomolecular structures, characterize molecules, and aid in the study 
of molecular interactions. The field of proteomics generally aims to 
identify and characterize proteins and study their structures, 
functions, interactions, and post-translational modifications. All the 
items described can be used towards innovative solutions in health, 
climate change, energy, food, and agriculture. However, they can also 
be used for research and development of concern to U.S. national 
security, including through the generation of large amounts of high-
quality biological datasets that can be misused by countries of 
concern. This misuse includes training artificial intelligence systems 
for the development of certain militarily relevant applications, 
including as well as but not limited to human performance enhancement, 
brain-machine interfaces, biologically-inspired synthetic materials, 
and possibly biological weapons.
    To address the national security concerns described above, this IFR 
establishes new controls narrowly focused on a subset of biotechnology 
equipment. This IFR creates specific Export Control Classification 
Numbers (ECCNs) for high-parameter flow cytometers and certain mass 
spectrometry equipment. These items generate high-quality, high-content 
biological data including that which is suitable for use to facilitate 
the development of AI and biological design tools. The new ECCNs 
facilitate identification of the items being controlled and will 
provide more transparency in trade flows for this equipment. Moreover, 
these controls will only apply to destinations that present a concern 
of potential misuse or diversion to activities of national security 
concern.

Regulatory Changes

New Export Control Classification Numbers and Corresponding Changes

    Given the above-described national security concerns, BIS is moving 
high-parameter flow cytometers and certain mass spectrometry equipment 
from their current control under ECCN 3A999 into new ECCN 3A069. ECCN 
3A069 contains two paragraphs as follows: paragraph .a identifies flow 
cytometers and cell sorters that are ``specially designed'' for 
spectral analysis or contain 26 or greater detectors or channels; and 
paragraph .b identifies liquid chromatography mass spectrometry 
instruments (LC/MS and LC-MS/MS) ``specially designed'' for top-down 
proteomic analysis. Flow cytometers and mass spectrometers that are 
devices, as defined in section 201(h) of the Federal Food, Drug, and 
Cosmetic Act (FD&C Act), 21 U.S.C. 321(h), that have been authorized 
for marketing by the Food and Drug Administration under section 510(k), 
section 513, or section 515 of the FD&C Act, 21 U.S.C. 360(k), 21 
U.S.C. 360c, 21 U.S.C. 360e, or are exempt from the requirement of 
premarket notification under section 510(k) of the FD&C Act, 21 U.S.C. 
360(k), and that are included in a list

[[Page 4614]]

required by section 510(j) of the FD&C Act, 21 U.S.C. 360(j). are 
excluded from the scope of ECCN 3A069; the exclusion appears as a 
license requirement note to ECCN 3A069. This rule also makes two 
conforming changes. First, ECCN 3A999 is updated to reference ECCN 
3A069 as a related control. Second, the heading of ECCN 3E001 is 
updated to reference ECCN 3A069 in the list of 3A items excepted.
    Relatedly, BIS is creating ECCN 3E069 to describe ``technology'' 
for the ``development'' or ``production'' of ECCN 3A069 items. The list 
of items controlled is contained in the ECCN heading. ECCNs 3A069 and 
3E069 have the same reasons for control and licensing policies, 
described below.

Reasons for Control, Authorizations, and EEI Filing Changes

    ECCNs 3A069 and 3E069 are controlled for National Security, 
Regional Stability, and Anti-Terrorism reasons. No licenses are 
required for Country Group A:1 for these items. As described below, 
certain license exceptions are also available for these items.
    National Security reasons for control are detailed under Sec.  
742.4. Under paragraph (a)(2), 3A069 and 3E069 items will require a 
license to all destinations, except those in Country Group A:1. This 
IFR adds paragraph (b)(11) to Sec.  742.4, which identifies the license 
review policy for license applications as follows: (a) presumption of 
denial for destinations in both Country Group D:1 and D:5, Macau, or 
destinations in Country Group E; and (b) for all other destinations for 
which a license is required, case-by-case review based on a 
determination of whether the items would make a significant 
contribution to the military potential of any other destination or 
combination of destinations that would prove detrimental to the 
national security of the United States.
    Regional Stability requirements for control are detailed under 
Sec.  742.6. This IFR adds paragraph (a)(13) to Sec.  742.6, which 
establishes a license requirement for the export, reexport, or transfer 
(in-country) of any item controlled under ECCNs 3A069 and 3E069 when 
destined to a Country Group D:5 destination or Macau. Consistent with 
the license review policy for NS reasons of control, for destinations 
that are in both Country Group D:1 and D:5, Macau, or destinations in 
Country Group E, license applications for these items will be reviewed 
under a presumption of denial. For all other destinations, applications 
will be subject to case-by-case review. This case-by-case review policy 
includes license applications for countries in Country Group D:5 that 
are not also in Country Group D:1. This IFR adds the license review 
policy for RS for these items to paragraph (b)(14).
    Commodities controlled under ECCN 3A069 are generally eligible for 
License Exception Shipments to Country Group B countries (GBS), set 
forth in Sec.  740.4. However, License Exception GBS will not be 
available for destinations subject to the RS control described in ECCN 
3A999. Technology controlled under ECCN 3E069 is eligible for License 
Exception Technology and software under restriction (TSR), detailed 
under Sec.  740.6, except to destinations in Country Group D:5, 
destinations subject to the RS control described in ECCN 3A999, or 
Macau (in addition to existing destination-based restrictions on the 
use of TSR). Under TSR, written assurances are required from the 
importer that the technologies authorized under the License Exception 
will not be reexported or released under certain conditions. Since TSR 
eligibility will not apply to destinations in Country Group D:5, 
destinations subject to the RS control in ECCN 3A999, and Macau, this 
IFR adds paragraph (a)(1)(iv) to Sec.  740.6, which provides that a 
written assurance is required for TSR authorization of ECCN 3E069 
technology, assuring that the importer will not reexport or release the 
technology to those destinations.
    Finally, to better track the export of the items in ECCN 3A069, 
this IFR revises the filing requirements for Electronic Export 
Information (EEI) filings in the Automated Export System (AES). Under 
new paragraph (b)(11) of Sec.  758.1, EEI filings are required for 
exports of all items in ECCN 3A069 when destined for a Country Group D 
destination.

Savings Clause

    For the changes being made in this final rule, shipments of items 
removed from eligibility for a License Exception or export, reexport, 
or transfer (in-country) without a license (NLR) as a result of this 
regulatory action that were en route aboard a carrier to a port of 
export, reexport, or transfer (in-country), on January 16, 2025, 
pursuant to actual orders for export, reexport, or transfer (in-
country) to or within a foreign destination, may proceed to that 
destination under the previous eligibility for a License Exception or 
export, reexport, or transfer (in-country) without a license (NLR) 
before February 18, 2025. Any such items not actually exported, 
reexported or transferred (in-country) before midnight, on February 18, 
2025, require a license in accordance with this final rule.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S. 
McCain National Defense
    Authorization Act for Fiscal Year 2019, which included the Export 
Control Reform Act of 2018 (ECRA) (codified, as amended, at 50 U.S.C. 
4801-4852). ECRA provides the legal basis for BIS's principal 
authorities and serves as the authority under which BIS issues this 
rule. In particular, and as noted elsewhere, Section 1753 of ECRA (50 
U.S.C. 4812) authorizes the regulation of exports, reexports, and 
transfers (in-country) of items subject to U.S. jurisdiction. Further, 
Section 1754(a)(1)-(16) of ECRA (50 U.S.C. 4813(a)(1)-(16)) authorizes, 
inter alia, the establishment of a list of controlled items; the 
prohibition of unauthorized exports, reexports, and transfers (in-
country); the requirement of licenses or other authorizations for 
exports, reexports, and transfers (in-country) of controlled items; 
apprising the public of changes in policy, regulations, and procedures; 
and any other action necessary to carry out ECRA that is not otherwise 
prohibited by law. Pursuant to Section 1762(a) of ECRA (50 U.S.C. 
4821(a)), these changes can be imposed in a final rule without prior 
notice and comment.

Rulemaking Requirements

    1. This rule has been determined to be a significant regulatory 
action for purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to or be subject to a penalty for failure to comply 
with a collection of information, subject to the requirements of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless 
that collection of information displays a currently valid Office of 
Management and Budget (OMB) Control Number. This regulation involves 
collections previously approved by OMB under control number 0694-0088, 
Simplified Network Application Processing System, which includes, among 
other things, license applications and commodity classifications, and 
carries a burden estimate of 29.7 minutes for a manual or electronic 
submission for a total burden estimate of 38,826 hours. Total burden 
hours associated with the PRA and OMB control number 0694-0088 are 
expected to increase as a result of this rule. This rule is expected to 
increase the licensing burden by approximately 1170 licenses per year; 
this will result

[[Page 4615]]

in an overall increase in burden hours by around 580 hours per year for 
licensing, for a new total burden estimate of 39,406 hours.
    3. This rule does not contain policies with federalism implications 
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of the Export Control Reform Act of 
2018, this action is exempt from the Administrative Procedure Act (5 
U.S.C. 553) requirements for notice of proposed rulemaking, opportunity 
for public participation, and delay in effective date. While Section 
1762 of ECRA on its own provides sufficient authority for such an 
exemption, this action is also independently exempt from the same APA 
requirements because it involves a military or foreign affairs function 
of the United States (5 U.S.C. 553(a)(1)). Nonetheless, BIS is 
accepting comments on this IFR.
    5. Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule by 5 U.S.C. 
553, or by any other law, the analytical requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable. 
Accordingly, no regulatory flexibility analysis is required, and none 
has been prepared.

List of Subjects

15 CFR Parts 740 and 758

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

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements, Terrorism.

    Accordingly, parts 740, 742, 758, and 774 of the Export 
Administration Regulations (15 CFR parts 730-774) are amended as 
follows:

PART 740--LICENSE EXCEPTIONS

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

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 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.

0
2. Section 740.6 is amended by adding paragraph (a)(1)(iv) to read as 
follows:

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

    (a) * * *
    (1) * * *
    (iv) Reexport to a destination in Country Group D:5, a destination 
subject to the Regional Stability control under ECCN 3A999, or Macau or 
release the technology to a national of such destinations, if the 
technology is controlled under ECCN 3E069.
* * * * *

PART 742--CONTROL POLICY--CCL BASED CONTROLS

0
3. The authority citation for 15 CFR part 742 is revised to read as 
follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 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, 68 FR 26459, 3 CFR, 2004 
Comp., p. 320; Notice of November 7, 2024, 89 FR 88867 (November 8, 
2024).

0
4. Section 742.4 is amended by revising (b)(11) to read as follows:

PART 742--CONTROL POLICY--CCL BASED CONTROLS

Sec.  742.4  National security.

* * * * *
    (b) * * *
    (11) License review policy for items specified in ECCNs 3A069 and 
3E069. License applications to export, reexport, or transfer (in-
country) items specified in ECCNs 3A069 and 3E069 will be reviewed 
under a presumption of denial when destined for a country that is in 
both Country Groups D:1 and D:5, Macau, or a country in Country Group 
E. All other license applications for these items will be reviewed on a 
case-by-case basis to determine if the items would make a significant 
contribution to the military potential of any other destination or 
combination of destinations that would prove detrimental to the 
national security of the United States.
* * * * *

0
5. Section 742.6 is amended by adding paragraphs (a)(13) and (b)(14) to 
read as follows:

Sec.  742.6  Regional stability.

    (a) * * *
    (13) RS requirement that applies for items specified in ECCNs 3A069 
and 3E069. A license is required for the export, reexport, or transfer 
(in-country) of any item specified in ECCNs 3A069 and 3E069 when 
destined to a Country Group D:5 destination or Macau. See supplement 
no. 1 to part 740 of the EAR for Country Groups.
    (b) * * *
    (14) License review policy for items specified in paragraph 
(a)(13). License applications to export, reexport, or transfer (in-
country) items described in paragraph (a)(13) of this section will be 
reviewed under a presumption of denial when destined for a country that 
is in both Country Groups D:1 andD:5, Macau, or a country in Country 
Group E. All other license applications for these items will be 
reviewed on a case-by-case basis.

PART 758--EXPORT CLEARANCE REQUIREMENTS AND AUTHORITIES

0
6. The authority citation for part 758 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783.

0
7. Section 758.1 is amended by adding paragraph (b)(11) to read as 
follows:

Sec.  758.1  The Electronic Export Information (EEI) filing to the 
Automated Export System (AES).

* * * * *
    (b) * * *
    (11) For all exports of items in ECCN 3A069 when destined to a 
destination in Country Group D.

PART 774--THE COMMERCE CONTROL LIST

0
8. The authority citation for part 774 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C. 
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 
U.S.C. 1824; 50 U.S.C. 4305; 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.

Supplement No. 1 to Part 774--The Commerce Control List

0
9. Supplement no.1 to part 774 is revised by adding ECCN 3A069, 
modifying ECCNs 3A999 and 3E001, and adding ECCN 3E069.
    The addition and revision read as follows:
* * * * *

[[Page 4616]]

Category 3--Electronics

A. ``End Items,'' ``Equipment,'' ``Accessories,'' ``Attachments,'' 
``Parts,'' ``Components,'' and ``Systems''

* * * * *
ECCN 3A069 Specific Laboratory Equipment as Follows (See List of 
Items Controlled)

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2.
RS applies to entire entry................  To or within Macau or a
                                             destination specified in
                                             Country Group D:5 of
                                             supplement no. 1 to part
                                             740 of the EAR. See Sec.
                                             742.6(a)(12) of the EAR.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: Yes, except N/A for destinations subject to the RS control in 
3A999.

List of Items Controlled

Related Controls: See also 3A999 for specific processing equipment, 
n.e.s.. See also 3E069 for technology for the ``development'' and 
``production'' of items detailed in 3A069.

    License Requirement Note: Excluded from the scope of this entry 
are flow cytometers and mass spectrometers that are devices, as 
defined in section 201(h) of the Federal Food, Drug, and Cosmetic 
Act (FD&C Act), 21 U.S.C. 321(h), that have been authorized for 
marketing by the Food and Drug Administration under section 510(k), 
section 513, or section 515 of the FD&C Act, 21 U.S.C. 360(k), 21 
U.S.C. 360c, 21 U.S.C. 360e, or are exempt from the requirement of 
premarket notification under section 510(k) of the FD&C Act, 21 
U.S.C. 360(k), and that are included in a list required by section 
510(j) of the FD&C Act, 21 U.S.C. 360(j).

Related Definitions: N/A
Items:

    a. Flow cytometers and cell sorters that are ``specially 
designed'' for spectral analysis or contain 26 or greater detectors 
or channels.
    b. Liquid chromatography mass spectrometry instruments (LC/MS 
and LC-MS/MS) ``specially designed'' for top-down proteomic 
analysis.
* * * * *
3A999 Specific Processing Equipment, n.e.s., as Follows (See List of 
Items Controlled).

License Requirements

Reason for Control: RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
RS applies to entire entry................  A license is required for
                                             items controlled by this
                                             entry for export or
                                             reexport to Iraq or
                                             Pakistan or transfer within
                                             Iraq or Pakistan for
                                             regional stability reasons.
                                             The Commerce Country Chart
                                             is not designed to
                                             determine RS license
                                             requirements for this
                                             entry. See Sec.  Sec.
                                             742.6 and 746.3 of the EAR
                                             for additional information.
AT applies to entire entry................  A license is required for
                                             items controlled by this
                                             entry to North Korea for
                                             anti-terrorism reasons. The
                                             Commerce Country Chart is
                                             not designed to determine
                                             AT licensing requirements
                                             for this entry. See Sec.
                                             742.19 of the EAR for
                                             additional information.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: (1) See also 3A225 (for frequency changers capable 
of operating in the frequency range of 600 Hz and above) and 3A233. 
(2) Certain auxiliary systems, equipment, ``parts'' and 
``components'' for isotope separation plants made of or protected by 
UF6 resistant materials are subject to the export 
licensing authority of the Nuclear Regulatory Commission (see 10 CFR 
part 110). (3) See also 3A069 for flow cytometers and cell sorters 
that are ``specially designed'' for spectral analysis or contain 26 
or greater detectors or channels as well as liquid chromatography 
mass spectrometry instruments (LC/MS and LC-MS/MS) ``specially 
designed'' for top-down proteomic analysis.
Related Definitions: N/A
Items:

    a. Frequency changers capable of operating in the frequency 
range from 300 up to 600 Hz, n.e.s;
    b. Mass spectrometers n.e.s;
    c. All flash x-ray machines, and ``parts'' or ``components'' of 
pulsed power systems designed thereof, including Marx generators, 
high power pulse shaping networks, high voltage capacitors, and 
triggers;
    d. Pulse amplifiers, n.e.s.;
    e. Electronic equipment for time delay generation or time 
interval measurement, as follows:
    e.1. Digital time delay generators with a resolution of 50 
nanoseconds or less over time intervals of 1 microsecond or greater; 
or
    e.2. Multi-channel (three or more) or modular time interval 
meter and chronometry equipment with resolution of 50 nanoseconds or 
less over time intervals of 1 microsecond or greater;
    f. Chromatography and spectrometry analytical instruments, 
n.e.s.
* * * * *

E. ``Technology''

* * * * *
3E001 ``Technology'' according to the General Technology Note for 
the ``development'' or ``production'' of commodities controlled by 
3A (except 3A069, 3A901, 3A904, 3A980, 3A981, 3A991, 3A992, or 
3A999), 3B (except 3B001.a.4, c, d, f.1, f.5, k to n, p.2, p.4, r, 
3B002.c, 3B903, 3B904, 3B991, 3B992, 3B993, or 3B994) or 3C (except 
3C907, 3C908, 3C909, or 3C992).

License Requirements

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

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to ``technology'' for            NS Column 1.
 commodities controlled by 3A001, 3A002,
 3A003, 3B001 (except as noted in the
 heading), 3B002 (except 3B002.c), or
 3C001 to 3C006.
MT applies to ``technology'' for            MT Column 1.
 commodities controlled by 3A001 or 3A101
 for MT Reasons.
NP applies to ``technology'' for            NP Column 1.
 commodities controlled by 3A001, 3A201,
 or 3A225 to 3A234 for NP reasons.
RS applies to ``technology'' for            Worldwide (see Sec.
 commodities controlled in 3A090, when       742.6(a)(6)(ii)).
 exported from Macau or a destination
 specified in Country Group D:5.
RS applies to ``technology'' for            To or within destinations
 commodities controlled by 3A001.z, 3A090    specified in Country Groups
 (except for 3A090.c).                       D:1, D:4, and D:5 of
                                             supplement no. 1 to part
                                             740 of the EAR, excluding
                                             any destination also
                                             specified in Country Groups
                                             A:5 or A:6. See Sec.
                                             742.6(a)(6)(iii) of the
                                             EAR.
RS applies to ``technology'' for            To or within Macau or a
 commodities controlled by 3A090.c.          destination specified in
                                             Country Group D:5 of
                                             supplement no. 1 to part
                                             740 of the EAR. See Sec.
                                             742.6(a)(6)(i)(B) of the
                                             EAR.
RS applies to ``technology'' for            RS Column 2.
 commodities controlled by 3A001.a.15 or
 b.13, 3A004, 3B003, 3C007, 3C008, or
 3C009.
AT applies to entire entry................  AT Column 1.
 

    License Requirements Note: See Sec.  744.17 of the EAR for 
additional license requirements for microprocessors having a 
processing speed of 5 GFLOPS or more and an arithmetic logic unit 
with an access width of 32 bit or more, including those

[[Page 4617]]

incorporating ``information security'' functionality, and associated 
``software'' and ``technology'' for the ``production'' or 
``development'' of such microprocessors.

Reporting Requirements

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

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: Yes, except N/A for MT, and ``technology'' for the 
``development'' or ``production'' of: (a) vacuum electronic device 
amplifiers described in 3A001.b.8, having operating frequencies 
exceeding 19 GHz; (b) solar cells, coverglass-interconnect-cells or 
covered-interconnect-cells (CIC) ``assemblies,'' solar arrays and/or 
solar panels described in 3A001.e.4; (c) ``Monolithic Microwave 
Integrated Circuit'' (``MMIC'') amplifiers in 3A001.b.2; (d) 
discrete microwave transistors in 3A001.b.3; and (e) commodities 
described in 3A090.

    Note: See Sec.  740.2(a)(9)(ii) of the EAR for license exception 
restrictions for ECCN 3E001 ``technology'' for commodities 
controlled by 3A001.z, 3A090.

IEC: Yes, for ``technology'' for equipment controlled by 3B001.q, 
see Sec.  740.2(a)(22) and Sec.  740.24 of the EAR.

Special Conditions for Strategic Trade Authorization (STA)

STA: License Exception STA may not be used to ship or transmit 
``technology'' according to the General Technology Note for the 
``development'' or ``production'' of equipment specified by ECCNs 
3A002.g.1 or 3B001.a.2 to any of the destinations listed in Country 
Group A:6 (see supplement no.1 to part 740 of the EAR). License 
Exception STA may not be used to ship or transmit ``technology'' 
according to the General Technology Note for the ``development'' or 
``production'' of components specified by ECCN 3A001.b.2, b.3, 
commodities specified in 3A090, to any of the destinations listed in 
Country Group A:5 or A:6 (see supplement no. 1 to part 740 of the 
EAR).

List of Items Controlled

Related Controls: (1) ``Technology'' according to the General 
Technology Note for the ``development'' or ``production'' of certain 
``space-qualified'' atomic frequency standards described in Category 
XV(e)(9), MMICs described in Category XV(e)(14), and oscillators 
described in Category XV(e)(15) of the USML are ``subject to the 
ITAR'' (see 22 CFR parts 120 through 130). See also ECCNs 3E101, 
3E201 and 9E515. (2) ``Technology'' for ``development'' or 
``production'' of ``Microwave Monolithic Integrated Circuits'' 
(``MMIC'') amplifiers in 3A001.b.2 is controlled in this ECCN 3E001; 
5E001.d refers only to that additional ``technology'' ``required'' 
for telecommunications.
Related Definition: N/A.
Items: The list of items controlled is contained in the ECCN 
heading.

    Note 1: 3E001 does not control ``technology'' for equipment or 
``components'' controlled by 3A003.
    Note 2: 3E001 does not control ``technology'' for integrated 
circuits controlled by 3A001.a.3 to a.14 or z, having all of the 
following:
    (a) Using ``technology'' at or above 0.130 [mu]m; and
    (b) Incorporating multi-layer structures with three or fewer 
metal layers.
* * * * *
3E069 ``Technology'' according to the General Technology Note for 
the ``development'' or ``production'' of items controlled by 3A069.

License Requirements

Reason for Control: NS, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2.
RS applies to entire entry................  To or within Macau or a
                                             destination specified in
                                             Country Group D:5 of
                                             supplement no. 1 to part
                                             740 of the EAR. See Sec.
                                             742.6(a)(13) of the EAR.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: Yes, except N/A for Macau, destinations in Country Group D:5, 
or destinations subject to the RS control in 3A999.

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN 
heading.
* * * * *

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2025-00723 Filed 1-15-25; 8:45 am]
BILLING CODE 3510-33-P
```