Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 58033 

RRD Dart 528, 529, 532, 535, 542, and 

552 Series turboprop engines. We need 

to make the following correction: 

§ 39.13 [Corrected] 

On page 44631, in the second column, 

in paragraph (b) of the regulatory 

section, ‘‘2007–02–17’’ is corrected to 

read ‘‘2007–02–07’’. 

Issued in Burlington, Massachusetts, on 

September 29, 2008. 

Thomas A. Boudreau, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–23511 Filed 10–3–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 742, 744 and 774 

[Docket No. 080307397–81237–01] 

RIN 0694–AE33 

Revisions to the Export Administration 

Regulations Based Upon a Systematic 

Review of the CCL 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the Export 

Administration Regulations (EAR) to 

make revisions to the EAR as a result of 

a systematic review of the Commerce 

Control List (CCL) that was conducted 

by the Bureau of Industry and Security 

(BIS). This rule is the second phase of 

the regulatory implementation of the 

results of a review of the CCL that was 

conducted by BIS starting in 2007. The 

BIS CCL review benefited from input 

received from BIS’s Technical Advisory 

Committees (TACs) and comments that 

were received from the interested public 

in response to the publication of a BIS 

notice of inquiry on July 17, 2007. The 

revisions in this rule include 

clarifications to existing controls, 

eliminating redundant or outdated 

controls, establishing more focused and 

rationalized controls, and adding 

additional controls for clarity or for 

consistency with international regimes. 

DATES: Effective Date: This rule is 

effective: October 6, 2008. Although 

there is no formal comment period, 

public comments on this regulation are 

welcome on a continuing basis. 

ADDRESSES: You may submit comments, 

identified by RIN 0694–AE33, by any of 

the following methods: 

• E-mail: 

publiccomments@bis.doc.gov Include 

‘‘RIN 0694–AE33’’ in the subject line of 

the message. 

• Fax: (202) 482–3355. Please alert 

the Regulatory Policy Division, by 

calling (202) 482–2440, if you are faxing 

comments. 

• Mail or Hand Delivery/Courier: 

Timothy Mooney, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th St. & Pennsylvania Avenue, NW., 

Room 2705, Washington, DC 20230, 

Attn: RIN 0694–AE33. 

Send comments regarding the 

collection of information associated 

with this rule, including suggestions for 

reducing the burden, to Jasmeet Seehra, 

Office of Management and Budget 

(OMB), by e-mail to 

jseehra@omb.eop.gov, or by fax to (202) 

395–7285; and to the U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th St. & Pennsylvania Avenue, NW., 

Room 2705, Washington, DC 20230. 

Comments on this collection of 

information should be submitted 

separately from comments on the final 

rule (i.e. RIN 0694–AE33)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Mooney, Office of Exporter 

Services, Bureau of Industry and 

Security, U.S. Department of Commerce; 

by telephone: (202) 482–2440; or by fax: 

202–482–3355. 

SUPPLEMENTARY INFORMATION

Background 

This rule amends the EAR to make 

various revisions as a result of a 

systematic review of the CCL that was 

conducted by BIS. This rule is the 

second phase of the regulatory 

implementation of the results of that 

systematic review of the CCL that was 

conducted by BIS beginning in 2007. 

The CCL review benefited from input 

received from BIS’s Technical Advisory 

Committees (TACs) and public 

comments received in response to a 

notice of inquiry (July 17, 2007, 72 FR 

39052). 

On April 18, 2008, BIS published the 

first phase of the regulatory 

implementation of the CCL review in a 

rule titled, ‘‘Technical Corrections to the 

Export Administration Regulations 

based upon a Systematic Review of the 

CCL’’ (73 FR 21035). The first CCL 

review rule focused on making needed 

technical corrections and clarifications 

to the CCL. This rule, the second CCL 

review rule, makes substantive revisions 

to the EAR, including the CCL. The 

revisions to the CCL in this rule are 

divided into four types of revisions in 

this background section of the preamble: 

(I) Clarifications to Existing Controls, (II) 

Eliminating Redundant or Outdated 

Controls, (III) Establishing More Focused 

and Rationalized Controls, and (IV) 

Adding Additional Controls for Clarity 

or for Consistency with International 

Regimes. 

As a part of the implementation phase 

of the CCL review, the agency has also 

taken other non-regulatory actions to 

improve the public’s understanding of 

the CCL. These BIS actions have 

involved publishing certain advisory 

opinions and creating new web 

guidance to provide greater clarity to 

exporters and reexporters regarding 

existing provisions of the CCL. BIS has 

also created a new process whereby it 

has stated its intention to conduct 

similar types of systematic reviews of 

the CCL in the future in order to 

continuously improve the CCL. 

This rule makes the following 

revisions to the Export Administration 

Regulations (EAR): 

1. In Supplement No. 7 to part 742 

(Description of Major Weapons 

Systems), under paragraph (7)(c) 

(Missiles and Missile Launchers), this 

rule adds the phrase ‘‘except model 

airplanes’’ to clarify that the unmanned 

aerial vehicles (UAVs) subject to this 

paragraph do not include model 

airplanes. 

2. In § 744.21 (Restrictions on Certain 

Military End-Uses in the People’s 

Republic of China (PRC)), this rule 

makes two changes under paragraph (a) 

(General Prohibition) to clarify the 

intended scope of the items subject to 

this end-use control. Under the 

introductory text of paragraph (a), this 

rule clarifies that the items that are 

subject to the general prohibition are 

any items listed in Supplement No. 2 to 

part 744 that are subject to the EAR. 

Adding the phrase ‘‘subject to the EAR’’ 

will clarify that this prohibition does 

not extend to items that are not subject 

to the EAR, such as information that is 

publicly available. This change is 

needed because the § 772.1 definition of 

the term ‘‘item’’ does not distinguish 

between those items that are subject to 

the EAR and those that are not. Given 

this broad definition, in this paragraph 

the term ‘‘item’’ should be qualified 

with the phrase ‘‘subject to the EAR’’. 

The Commerce Control List (CCL) 

(Supplement No. 1 to Part 774 of the 

EAR) is amended by making various 

substantive revisions to the CCL that are 

divided below into four types of 

revisions: (I) Clarifications to Existing 

Controls, (II) Eliminating Redundant or 

Outdated Controls, (III) Establishing 

More Focused and Rationalized 

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58034 Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 

Controls, and (IV) Adding Additional 

Controls for Clarity or for Consistency 

with International Regimes. 

I: Clarifications to Existing Controls 

1. Revisions to the ‘‘Headings’’ of 

Existing CCL Entries 

This rule is making revisions to the 

headings of three (3) CCL entries: 

2B351, 4D993 and 6A995, to clarify the 

items controlled under those CCL 

entries. 

ECCN 2B351 is amended by revising 

the heading to clarify the items 

controlled under this CCL entry by 

adding the phrases ‘‘as follows’’ and 

‘‘see List of Items Controlled’’. 

ECCN 4D993 is amended by adding 

the phrase, ‘‘see List of Items 

Controlled’’ at the end of the heading of 

the CCL entry. This rule also makes 

revisions to the ‘‘Items’’ paragraph of 

this ECCN by adding the conjunction 

‘‘or’’ between ‘‘Items’’ paragraphs (b) 

and (c) to clarify the scope of the items 

controlled under this CCL entry. 

ECCN 6A995 is amended by revising 

the heading to remove the phrase ‘‘not 

controlled by 0B001.h.6, 6A005 or 

6A205’’, and replacing that with the 

phrase, ‘‘see List of Items Controlled’’ to 

the heading of this CCL entry. This 

revision is intended to clarify the scope 

of the control. 

2. Revisions to ‘‘Related Controls’’ in 

CCL Entries 

This rule revises the ‘‘Related 

Controls’’ paragraphs in the List of Items 

Controlled section in the following 

twelve (12) CCL entries: 1C351, 1C352, 

1C353, 1C354, 1C360, 2B119, 2B350, 

4E992, 7D001, 7D002, 7E002, and 7E101 

by adding additional related control 

references or making changes for greater 

specificity for the related controls 

references. BIS includes related control 

references in CCL entries to assist 

exporters in classifying items on the 

CCL and in some cases provides crossreferences for items that are listed on 

the CCL, but are under the export 

control jurisdiction of other U.S. 

Government agencies. Several of the 

public comments received by BIS, as a 

part of the CCL review process, 

requested that BIS add these types of 

additional related controls references to 

better assist the public in classifying 

their items using the CCL. 

(A) Converting ‘‘Related Controls’’ 

Paragraphs Into License Requirement 

Notes 

The revisions being made to the 

‘‘Related Controls’’ paragraphs under 

these six (6) CCL entries: 1C351, 1C352, 

1C353, 1C354, 1C360, and 2B350 also 

involve revising and moving text from 

the ‘‘Related Controls’’ paragraph to 

new License Requirement notes for 

those CCL entries. These revisions make 

no change to the scope of the items 

controlled under those CCL entries. 

However, it was determined during the 

CCL review, that those ‘‘Related 

Controls’’ under those CCL entries could 

be better characterized as ‘‘License 

Requirement Notes’’. Given that 

determination, BIS decided it would be 

helpful to move those ‘‘Related 

Controls’’ references to new ‘‘License 

Requirement Notes’’ to better assist 

exporters and reexporters when 

classifying their items. 

ECCN 1C351 is amended by moving 

subparagraphs (2) through (4) from the 

‘‘Related Controls’’ paragraph to the 

newly created ‘‘License Requirement 

Notes’’ and redesignating subparagraph 

(5) of the ‘‘Related Controls’’ paragraph 

as a subparagraph (2). 

ECCN 1C352 is amended by moving 

subparagraph (1) from the ‘‘Related 

Controls’’ paragraph to the newly 

created ‘‘License Requirement Note’’ 

and redesignating subparagraph (2) of 

the ‘‘Related Controls’’ paragraph. This 

rule also makes some minor revisions 

for clarity in the text of the new 

‘‘License Requirement Note’’. 

ECCN 1C353 is amended by moving 

the first sentence from the ‘‘Related 

Controls’’ paragraph to the newly 

created ‘‘License Requirement Note’’, 

and leaving the second sentence, which 

references related controls from the 

Centers for Disease Control and 

Prevention (CDC), U.S. Department of 

Health and Human Services controls 

and the Animal and Plant Health 

Inspection Service (APHIS), U.S. 

Department of Agriculture, in the 

‘‘Related Controls’’ paragraph. 

ECCN 1C354 is amended by moving 

subparagraph (1) from the ‘‘Related 

Controls’’ paragraph to the newly 

created ‘‘License Requirement Note’’ 

and redesignating subparagraph (2) of 

the ‘‘Related Controls’’ paragraph. This 

rule also makes some minor revisions 

for clarity to the text of the new 

‘‘License Requirement Note’’. 

ECCN 1C360 is amended by moving 

subparagraph (1) from the ‘‘Related 

Controls’’ paragraph to the newly 

created ‘‘License Requirement Note’’ 

and redesignating subparagraphs (2) and 

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

as subparagraphs (1) and (2). This rule 

also makes some minor revisions for 

clarity for the text in the new ‘‘License 

Requirement Note’’. 

B. Removal of Outdated ‘‘Related 

Controls’’ References in CCL Entries 

The revisions made to the ‘‘Related 

Controls’’ paragraphs under the 

following six (6) CCL entries: 1D001, 

4E992, 2B119, 7D001, 7D002 and 7E002 

all involve removing nonexistent ECCNs 

that were listed as ‘‘Related Controls’’ 

references under those CCL entries. 

ECCN 1D001 had an outdated ‘‘Related 

Controls’’ reference to the nonexistent 

1D102. ECCN 2B119 referred to a 

nonexistent 2B219, and 4E992 referred 

to a nonexistent 4E994. Under ECCNs 

7D001, 7E001 and 7E002 outdated 

references to the nonexistent 7A007 are 

all removed with this rule. 

3. Revisions to ‘‘Items’’ Paragraphs in 

CCL Entries 

This rule makes revisions to the 

‘‘Items’’ paragraphs under the following 

two (2) CCL entries: 1C350 and 2B350 

to provide greater clarity regarding the 

items controlled under those CCL 

entries. These changes include adding 

additional text under some of these CCL 

entries, rearranging text of some of these 

CCL entries to improve readability, or 

revising the ‘‘Items’’ paragraphs of these 

CCL entries to clarify the intended 

scope of the control. Specifically, these 

revisions include the following: 

ECCN 1C350 is amended by adding a 

sentence at the end of ‘‘Note 2’’ of the 

‘‘License Requirement Notes’’ section to 

make persons aware that although 

certain mixtures as described in this 

note may be classified EAR99, a license 

may still be required for reasons set 

forth elsewhere in the EAR. This is 

stated in other parts of the EAR, but this 

additional text being added to this CCL 

entry will help make persons aware that 

although their commodity may not be 

controlled under this CCL entry, it still 

may require a license under other parts 

of the EAR. 

ECCN 2B350 is amended by 

reordering the ‘‘Items’’ paragraph in the 

List of Items Controlled Section in order 

to improve the readability of the 

‘‘Items’’ paragraph. This rule makes no 

changes to the items that are controlled 

under ECCN 2B350. This reordering of 

the ‘‘Items’’ paragraph for parallelism 

helps improve the readability of the 

‘‘Items’’ paragraph of that ECCN entry. 

BIS is making this change to better assist 

the public in classifying their materials 

under this ECCN. In addition, this rule 

redesignates the ‘‘Technical Note’’ at the 

end of the ‘‘Items’’ paragraph in the List 

of Items Controlled section, as 

‘‘Technical Note 1’’, and adds a 

‘‘Technical Note 2’’ to define the term 

‘‘alloy’’. This new definition of ‘‘alloy’’ 

clarifies to the public that the metal 

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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 58035 

alloys in 2B350 are those containing a 

higher percentage by weight of the 

stated metal than any other element. 

Lastly, under this CCL entry, this rule 

moves the text of the ‘‘Related Controls’’ 

paragraph to a new ‘‘License 

Requirement Note’’ to clarify the 

intended scope of the control. 

4. Clarifications to ‘‘Items’’ Paragraphs 

To Conform With Multilateral Regimes 

This rule makes clarifications to the 

‘‘Items’’ paragraphs in these two (2) CCL 

entries: 4A101and 4A980 to clarify what 

items are controlled under those entries 

and to better conform those entries to 

the language used in multilateral control 

lists. 

ECCN 4A101 is amended by adding a 

new note at the end of the ‘‘Items’’ 

paragraph in the List of Items Controlled 

section to provide a definition for 

‘‘radiation hardened’’. ‘‘Radiation 

hardened’’ is used in paragraph (b) of 

the ‘‘Items’’ paragraph, but no definition 

was provided, prior to publication of 

this rule, for this term. This new note 

clarifies that under this CCL entry, 

‘‘radiation hardened’’ means that the 

component or equipment is designed or 

rated to withstand radiation levels 

which meet or exceed a total irradiation 

dose of 5 × 10 5 rads (Si). This revision 

will assist the public in understanding 

the types of analog computers, ‘‘digital 

computers’’ and differential analyzers 

that are controlled under this ECCN 

entry. 

ECCN 4A980 is amended by adding a 

new note at the end of the ‘‘Items’’ 

paragraph to clarify the existing control. 

This note clarifies that ECCN 4A980 

does not control equipment limited to 

one finger and designed for user 

authentication or access control. 

5. Other Assorted Clarifications to 

Existing Controls 

Category 1 (Materials, Chemicals, 

‘‘Microorganisms,’’ and Toxins) of the 

CCL, is amended by adding a new note 

to the beginning of the category to make 

the public more aware that the Food and 

Drug Administration (FDA) and the 

Drug Enforcement Administration 

(DEA) may control exports of items 

subject to the EAR and on the CCL. 

Public comments submitted for the CCL 

review suggested that BIS add 

additional cross-references on the CCL 

to the FDA and DEA regulations. 

Supplement No. 3 to Part 730 (Other 

U.S. Government Departments and 

Agencies with Export Control 

Responsibilities) and certain ECCN 

cross-references to other agencies’ 

controls already accomplish the same 

type of thing. However, in conducting 

the CCL review, BIS determined it 

would be helpful to the public to add a 

new note at the beginning of Category 1 

to make the public more aware that 

these other agencies of the U.S. 

Government may also apply controls to 

these items. This note makes no changes 

to the items subject to the EAR. 

II. Eliminating Redundant or Outdated 

Controls 

1.ECCN 4A994 is amended by making 

various revisions to the ‘‘Items’’ 

paragraph of this CCL entry to remove 

technically outdated controls and to 

update certain technical control 

parameters to better reflect current 

industry standards. Specifically, this 

rule deletes paragraphs (d), (e), (g), (h), 

and (k)(1) of the ‘‘Items’’ paragraph in 

the List of Items Controlled section of 

this CCL entry. This change is being 

made because these controls are 

technically outdated, so these 

commodities no longer need to be 

controlled under this CCL entry. Under 

paragraph (b) of the ‘‘Items’’ paragraph, 

this rule clarifies the types of digital 

computers that are controlled under this 

CCL entry and increases the Weighted 

TeraFLOPS (WT) control threshold for 

this paragraph (b) from 0.00001 WT to 

0.0128 WT. In addition, under 

paragraph (c) of the ‘‘Items’’ paragraph, 

this rule deletes the technically 

outdated control parameter that was 

listed under paragraph (c)(2) prior to 

publication of this rule. This change to 

paragraph (c) will specify that 

‘‘electronic assemblies’’ covered under 

this paragraph are those that are 

designed to be capable of aggregation in 

configurations of 16 or more processors. 

Finally, under paragraph (k), this rule 

clarifies the types of ‘‘hybrid 

computers’’ and ‘‘electronic assemblies’’ 

and specially designed components that 

are controlled under this CCL entry. 

2.ECCN 5A991 is amended by 

removing three outdated entries from 

the ‘‘Items’’ paragraph under paragraphs 

(b)(8), (c)(2), and (c)(4) of this CCL entry. 

In the public comments, people asked 

for clarifications regarding what 

commodities were controlled under 

these three ‘‘Items’’ paragraphs under 

ECCN 5A991. However, in reviewing 

these three technical parameters, BIS 

determined that for each of the 

commodities controlled under this 

ECCN, the commodities were either 

covered under another ECCN (meaning 

these entries were merely empty boxes 

on the CCL), or the commodities that 

were controlled under one of these three 

‘‘Items’’ paragraphs were outdated and 

should appropriately be designated 

EAR99 (meaning the commodities 

controlled under these three paragraphs, 

that were not already controlled under 

another ECCN entry, were no longer 

commonly used by industry or the 

general public). 

III. Establishing More Focused and 

Rationalized Controls 

1. ECCN 1E001 is amended by adding 

Australia and Norway to the list of 

countries that are eligible to receive 

technology controlled under this ECCN 

under the provisions of License 

Exception TSR (Technology and 

software restricted) (§ 740.6), as 

described under paragraphs (a) or (b) of 

the License Exception TSR paragraph in 

the License Exceptions section of this 

ECCN entry. Prior to publication of this 

rule, there were seventeen countries that 

were eligible for License Exception TSR 

under this CCL entry. When this list of 

seventeen countries eligible for License 

Exception TSR was added to the CCL 

entry on January 15, 1998 (63 FR 2482), 

Australia and Norway were 

inadvertently not included, which is 

being corrected with this rule. With the 

addition of Australia and Norway, 

nineteen countries are now eligible to 

receive technology under License 

Exception TSR. As with any EAR listbased license exception, the provisions 

of § 740.2 and the specific provisions of 

the list-based license exception, in this 

case License Exception TSR, determine 

whether a list-based license exception 

can be used to authorize a specific 

transaction. 

2. ECCN 2B018 is amended by 

removing an advisory note from the 

‘‘Items’’ paragraph and converting that 

note into License Exception GBS 

eligibility (Shipments to Country Group 

B Countries) (15 CFR 740.4). The items 

that were described in that advisory 

note, prior to publication of this rule, 

will now be eligible for License 

Exception GBS, provided the 

transaction meets the terms and 

conditions of License Exception GBS 

and § 740.2. Under ECCN 2B018, the 

entire entry is controlled for national 

security reasons under NS column 1 and 

regional stability reasons under RS 

column 2, among others reasons for 

control. To be eligible for License 

Exception GBS, the ultimate destination 

must be subject to a license requirement 

for national security reasons only on the 

Commerce Country Chart and the 

destination must be listed in Country 

Group B in Supplement No. 1 to Part 

740 of the EAR. The only countries 

listed in Country Group B that do not 

require a license under RS column 2 are 

Australia, Japan, New Zealand and 

countries in North Atlantic Treaty 

Organization (NATO). Therefore, this 

new License Exception GBS availability 

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58036 Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 

under this ECCN entry is limited to 

these countries in Country Group B. 

IV. Adding Additional Controls for 

Clarity or for Consistency With 

International Regimes 

This rule adds new reasons for control 

to one (1) existing CCL entry: 1E002. 

This existing CCL entry was intended to 

have this control at an earlier time, but 

this control was inadvertently not added 

to the entry when changes were made to 

other parts of the EAR (e.g., a NP or MT 

item was added to the CCL, but the 

corresponding change to control the 

related technology or software was not 

made at that time). This rule adds a new 

item to one (1) existing CCL entry: 

9E101. The EAR were previously 

amended to include new commodities 

controlled for MT reasons. However, the 

EAR omitted the corresponding control 

on the ‘‘technology’’ related to those 

commodities. 

1. New Reasons for Control Being Added 

to Existing CCL Entry 

ECCN 1E002 is amended by adding a 

new NP reason for control to this ECCN. 

This new NP reason for control applies 

to ‘‘technology’’ for items controlled by 

1A002 for NP reasons. This corrects an 

inadvertent omission from the CCL of 

this NP reason for control. The intent of 

the U.S. Government was to have a NP 

technology control on the NP portion of 

1E002.f applicable to the NP portion of 

1A002, but in an earlier revision to the 

CCL this change had not been 

implemented into the EAR, as intended. 

This rule corrects that inadvertent 

omission by adding this NP reason for 

control to this existing ECCN. 

2. New Items Added to Existing CCL 

Entry 

ECCN 9E101 is amended by adding 

9C110 to the heading of 9E101 to correct 

an inadvertent error that occurred when 

9C110 was added to the CCL. ECCN 

9C110 was added to the CCL on April 

2, 2003 (68 FR 16144) to implement a 

Missile Technology Control Regime 

(MTCR) Plenary change. However, at the 

time that change was implemented in 

the EAR, ECCN 9E101 was not amended 

to add a Missile Technology (MT) 

technology control for this new MT 

commodity controlled under ECCN 

9C110. Prior to publication of this rule, 

ECCN 9E101 controlled ‘‘technology’’ 

according to the General Technology 

Note for the ‘‘development’’ or 

‘‘production’’ of commodities or 

software controlled by 9A012, 9A101, 

9A104 to 9A111, 9A115 to 9A119, 

9D101, 9D103, 9D104 or 9D105. ECCN 

9C110 should have been added to the 

heading in 9E101 when the change 

implementing the MTCR Plenary change 

was made to the EAR, but it was 

inadvertently left off. This technology 

for ECCN 9C110 is a current control 

within the MTCR and should be 

reflected on the CCL under ECCN 

9E101. This rule corrects that 

inadvertent error by adding this new 

MT control to the CCL. 

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 extended by the 

Notice of July 23, 2008, 73 FR 43603 

(July 25, 2008), has continued the 

Export Administration Regulations in 

effect under the International 

Emergency Economic Powers Act. 

Rulemaking Requirements 

1. This final rule has been determined 

to be not significant for purposes of E.O. 

12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with a collection of information, subject 

to the requirements of the Paperwork 

Reduction Act, unless that collection of 

information displays a currently valid 

Office of Management and Budget 

Control Number. This rule contains a 

collection of information subject to the 

Paperwork Reduction Act of 1980 (44 

U.S.C. 3501 et seq.). This collection has 

been approved by the Office of 

Management and Budget under control 

number 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 58 minutes for a 

manual or electronic submission. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132. 

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking, the opportunity for public 

participation, and a delay in effective 

date, are inapplicable because this 

regulation involves a military and 

foreign affairs function of the United 

States (5 U.S.C. 553(a)(1)). Further, no 

other law requires that a notice of 

proposed rulemaking and an 

opportunity for public comment be 

given for this final rule. Because a 

notice of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule under 

the Administrative Procedure Act or by 

any other law, the analytical 

requirements of the Regulatory 

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

not applicable. Therefore, this 

regulation is issued in final form. 

5. The other changes made under this 

rule are nonsubstantive changes that do 

not meet the criteria noted in the 

preceding paragraph. For these 

nonsubstantive changes described in 

this paragraph, the Department finds 

that there is good cause under 5 U.S.C. 

553(b)(B) to waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because they are 

unnecessary. The changes made by this 

rule described under this paragraph are 

not substantive changes, but rather are 

clarifications to existing controls. These 

nonsubstantive changes are described 

under Part I: Clarifications to Existing 

Controls in the Background section of 

this rule. These nonsubstantive changes 

include: Revisions to the headings of 

existing CCL entries; removal of 

outdated ‘‘Related Controls’’ references 

in CCL entries; nonsubstative revisions 

to ‘‘items’’ paragraphs in CCL entries to 

improve things, such as readability; and 

additions of ‘‘items’’ paragraphs for 

certain items subject to the licensing 

requirements of the U.S. Department of 

State. This rule does not alter any right, 

obligation or prohibition that applies to 

any person under the Export 

Administration Regulations (EAR). 

Because these revisions are not 

substantive changes, it is unnecessary to 

provide notice and opportunity for 

public comment. In addition, the 30-day 

delay in effectiveness required by 5 

U.S.C. 553(d) is not applicable because 

this rule is not a substantive rule. 

Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule under the 

Administrative Procedure Act or by any 

other law, the analytical requirements of 

the Regulatory Flexibility Act (5 U.S.C. 

601 et seq.) are not applicable. 

List of Subjects 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

■ Accordingly, parts 742, 744 and 774 

of the Export Administration 

Regulations (15 CFR parts 730–774) are 

amended as follows: 

PART 742—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 742 continues to read as follows: 

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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 58037 

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 July 23, 2008, 73 FR 

43603 (July 25, 2008); Notice of November 8, 

2007, 72 FR 63963 (November 13, 2007). 

■ 2. Supplement No. 7 to Part 742 is 

amended by revising paragraph (7)(c), to 

read as follows: 

Supplement No. 7 to Part 742— 

Description of Major Weapons Systems 

* * * * * 

(7) Missiles and Missile Launchers: 

* * * * * 

(c) Unmanned Aerial Vehicles (UAVs) of 

any type, including sensors for guidance and 

control of these systems, except model 

airplanes. 

* * * * * 

PART 744—[AMENDED] 

■ 3. The authority citation for 15 CFR 

part 744 continues to read as follows: 

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

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

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

U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 

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

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

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

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

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

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

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

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

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

786; Notice of July 23, 2008, 73 FR 43603 

(July 25, 2008); Notice of November 8, 2007, 

72 FR 63963 (November 13, 2007). 

■ 4. Section 744.21 is amended by 

revising the introductory text of 

paragraph (a) to read as follows: 

§ 744.21 Restrictions on certain military 

end-uses in the People’s Republic of China 

(PRC). 

(a) General prohibition. In addition to 

the license requirements for items 

specified on the Commerce Control List 

(CCL), you may not export, reexport, or 

transfer any item subject to the EAR 

listed in Supplement No. 2 to Part 744 

to the PRC without a license if, at the 

time of the export, reexport, or transfer, 

you know, meaning either: 

* * * * * 

PART 774—[AMENDED] 

■ 5. The authority citation for 15 CFR 

part 774 continues to read as follows: 

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

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

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

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

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

1354; 46 U.S.C. app. 466c; 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 July 23, 2008, 73 FR 

43603 (July 25, 2008). 

Supplement No. 1 to Part 774— 

[Amended] 

■ 6. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Materials, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ is 

amended by adding a new Note, 

immediately following the heading of 

Category 1, to read as follows: 

Category 1—Materials, Chemicals, 

‘‘Microorganisms’’ & ‘‘Toxins’’ 

Note: The Food and Drug Administration 

(FDA) and the Drug Enforcement 

Administration (DEA) may control exports of 

items subject to the EAR and on the 

Commerce Control List. BIS provides cross 

references to these other agency controls for 

convenience only. Therefore, please consult 

relevant FDA and DEA regulations for 

guidance related to the item you wish to 

export and do not rely solely on the EAR for 

information about other agency export 

control requirements. See Supplement No. 3 

to part 730 (Other U.S. Government 

Departments and Agencies with Export 

Control Responsibilities) for more 

information. 

* * * * * 

■ 7. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Materials, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ 

Export Control Classification Number 

(ECCN) 1C350 is amended by revising 

paragraph (b) of Note 2 (Mixtures), in 

the ‘‘License Requirement Notes’’ of the 

‘‘License Requirements’’ section, to read 

as follows: 

1C350 Chemicals that may be used as 

precursors for toxic chemical agents. 

License Requirements 

* * * * * 

License Requirement Notes 

* * * * * 

2. Mixtures: 

a. * * * 

b. A license is not required under this 

ECCN for a mixture, when the controlled 

chemical in the mixture is a normal 

ingredient in consumer goods packaged for 

retail sale for personal use. Such consumer 

goods are designated EAR99. However, a 

license may be required for reasons set forth 

elsewhere in the EAR. 

* * * * * 

■ 8. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Materials, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ 

Export Control Classification Number 

(ECCN) 1C351 is amended by adding 

three ‘‘License Requirement Notes,’’ at 

the end of the ‘‘License Requirements’’ 

section, and by revising the ‘‘Related 

Controls’’ paragraph, in the ‘‘List of 

Items Controlled’’ section, to read as 

follows: 

1C351 Human and zoonotic pathogens and 

‘‘toxins’’, as follows (see List of Items 

Controlled). 

License Requirements 

* * * * * 

License Requirement Notes 

1. All vaccines and ‘‘immunotoxins’’ are 

excluded from the scope of this entry. Certain 

medical products and diagnostic and food 

testing kits that contain biological toxins 

controlled under paragraph (d) of this entry, 

with the exception of toxins controlled for 

CW reasons under d.5 and d.6, are excluded 

from the scope of this entry. Vaccines, 

‘‘immunotoxins’’, certain medical products, 

and diagnostic and food testing kits excluded 

from the scope of this entry are controlled 

under ECCN 1C991. 

2. For the purposes of this entry, only 

saxitoxin is controlled under paragraph d.6; 

other members of the paralytic shellfish 

poison family (e.g. neosaxitoxin) are 

designated EAR99. 

3. Clostridium perfringens strains, other 

than the epsilon toxin-producing strains of 

Clostridium perfringens described in c.14, 

are excluded from the scope of this entry, 

since they may be used as positive control 

cultures for food testing and quality control. 

List of Items Controlled 

Unit: * * * 

Related Controls: (1) Certain forms of ricin 

and saxitoxin in 1C351.d.5. and d.6 are CWC 

Schedule 1 chemicals (see § 742.18 of the 

EAR). The U.S. Government must provide 

advance notification and annual reports to 

the OPCW of all exports of Schedule 1 

chemicals. See § 745.1 of the EAR for 

notification procedures. See 22 CFR part 121, 

Category XIV and § 121.7 for additional CWC 

Schedule 1 chemicals controlled by the 

Department of State. 

(2) The Animal and Plant Health 

Inspection Service (APHIS), U.S. Department 

of Agriculture, and the Centers for Disease 

Control and Prevention (CDC), U.S. 

Department of Health and Human Services, 

maintain controls on the possession, use, and 

transfer within the United States of certain 

items controlled by this ECCN (for APHIS, 

see 7 CFR 331.3(c), 9 CFR 121.3(c), and 9 

CFR 121.4(c); for CDC, see 42 CFR 73.3(c) 

and 42 CFR 73.4(c)). 

* * * * * 

■ 9. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Materials, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ 

Export Control Classification Number 

(ECCN) 1C352 is amended by adding a 

‘‘License Requirement Note,’’ at the end 

of the ‘‘License Requirements’’ section, 

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and by revising the ‘‘Related controls’’ 

paragraph, in the ‘‘List of Items 

Controlled section,’’ to read as follows: 

1C352 Animal pathogens, as follows (see 

List of Items Controlled). 

License Requirements 

* * * * * 

License Requirement Note 

All vaccines are excluded from the scope 

of this ECCN. See ECCN 1C991 for vaccines. 

List of Items Controlled 

Unit: * * * 

Related Controls: The Animal and Plant 

Health Inspection Service (APHIS), U.S. 

Department of Agriculture, and the Centers 

for Disease Control and Prevention (CDC), 

U.S. Department of Health and Human 

Services, maintain controls on the 

possession, use, and transfer within the 

United States of certain items controlled by 

this ECCN (for APHIS, see 7 CFR 331.3(c), 9 

CFR 121.3(c), and 9 CFR 121.4(c); for CDC, 

see 42 CFR 73.3(c) and 42 CFR 73.4(c)). 

* * * * * 

■ 10. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Materials, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ 

Export Control Classification Number 

(ECCN) 1C353 is amended by adding a 

‘‘License Requirement Note,’’ at the end 

of the ‘‘License Requirements’’ section, 

and by revising the ‘‘Related controls’’ 

paragraph, in the ‘‘List of Items 

Controlled’’ section, to read as follows: 

1C353 Genetic elements and geneticallymodified organisms, as follows (see List of 

Items Controlled). 

License Requirements 

* * * * * 

License Requirement Note 

Vaccines that contain genetic elements or 

genetically modified organisms identified in 

this ECCN are controlled by ECCN 1C991. 

List of Items Controlled 

Unit: * * * 

Related Controls: The Animal and Plant 

Health Inspection Service (APHIS), U.S. 

Department of Agriculture, and the Centers 

for Disease Control and Prevention (CDC), 

U.S. Department of Health and Human 

Services, maintain controls on the 

possession, use, and transfer within the 

United States of certain items controlled by 

this ECCN, including (but not limited to) 

genetic elements, recombinant nucleic acids, 

and recombinant organisms associated with 

the agents or toxins in ECCN 1C360 (for 

APHIS, see 7 CFR 331.3(c), 9 CFR 121.3(c), 

and 9 CFR 121.4(c); for CDC, see 42 CFR 

73.3(c) and 42 CFR 73.4(c)). 

* * * * * 

■ 11. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Materials, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ 

Export Control Classification Number 

(ECCN) 1C354 is amended by adding a 

‘‘License Requirement Note,’’ at the end 

of the ‘‘License Requirements’’ section, 

and by revising the ‘‘Related controls’’ 

paragraph, in the ‘‘List of Items 

Controlled’’ section, to read as follows: 

1C354 Plant pathogens, as follows (see List 

of Items Controlled). 

License Requirements 

* * * * * 

License Requirement Note 

All vaccines are excluded from the scope 

of this ECCN. See ECCN 1C991 for vaccines. 

List of Items Controlled 

Unit: $ value. 

Related Controls: The Animal and Plant 

Health Inspection Service (APHIS), U.S. 

Department of Agriculture, maintains 

controls on the possession, use, and transfer 

within the United States of certain items 

controlled by this ECCN (see 7 CFR 331.3(c), 

9 CFR 121.3(c), and 9 CFR 121.4(c)). 

* * * * * 

■ 12. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Materials, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ 

Export Control Classification Number 

(ECCN) 1C360 is amended by adding a 

‘‘License Requirement Note,’’ at the end 

of the ‘‘License Requirements’’ section, 

and by revising the ‘‘Related controls’’ 

paragraph, in the ‘‘List of Items 

Controlled’’ section, to read as follows: 

1C360 Select agents not controlled under 

ECCN 1C351, 1C352, or 1C354. 

License Requirements 

* * * * * 

License Requirement Note 

All vaccines are excluded from the scope 

of this ECCN. See ECCN 1C991 for vaccines. 

* * * * * 

List of Items Controlled 

Unit: $ value. 

Related Controls: (1) Also see ECCNs 

1C351 (AG-controlled human and zoonotic 

pathogens and ‘‘toxins’’), 1C352 (AGcontrolled animal pathogens), and 1C354 

(AG-controlled plant pathogens). (2) The 

Animal and Plant Health Inspection Service 

(APHIS), U.S. Department of Agriculture, and 

the Centers for Disease Control and 

Prevention (CDC), U.S. Department of Health 

and Human Services, maintain controls on 

the possession, use, and transfer within the 

United States of items controlled by this 

ECCN (for APHIS, see 7 CFR 331.3(b), 9 CFR 

121.3(b), and 9 CFR 121.4(b); for CDC, see 42 

CFR 73.3(b) and 42 CFR 73.4(b)). 

* * * * * 

■ 13. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Materials, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ 

Export Control Classification Number 

(ECCN) 1E001 is amended by revising 

the ‘‘License Exceptions’’ section, to 

read as follows: 

1E001 ‘‘Technology’’ according to the 

General Technology Note for the 

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

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

1A003, 1A004, 1A005, 1A101, 1B (except 

1B999), or 1C (except 1C018, 1C355, 1C980 

to 1C984, 1C988, 1C990, 1C991, 1C992, 

1C995 to 1C999). 

* * * * * 

License Exceptions 

CIV: N/A 

TSR: Yes, except for the following: 

(1) Items controlled for MT reasons; or 

(2) Exports and reexports to destinations 

outside of Australia, Austria, Belgium, 

Canada, Denmark, Finland, France, Germany, 

Greece, Ireland, Italy, Japan, Luxembourg, the 

Netherlands, Norway, Portugal, Spain, 

Sweden, or the United Kingdom of 

‘‘technology’’ for the ‘‘development’’ or 

production’’ of the following: 

(a) Items controlled by 1C001; or 

(b) Items controlled by 1A002.a which are 

composite structures or laminates having an 

organic ‘‘matrix’’ and being made from 

materials listed under 1C010.c or 1C010.d. 

* * * * * 

■ 14. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Materials, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ 

Export Control Classification Number 

(ECCN) 1E002 is amended by revising 

the ‘‘License Requirements’’ section to 

read as follows: 

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

List of Items Controlled). 

License Requirements 

Reason for Control: NS, MT, NP, AT 

Control(s) Country Chart 

NS applies to entire entry, 

except 1E002.g.

NS Column 1. 

NS applies to 1E002.g ...... NS Column 2. 

MT applies to 1E002.e ...... MT Column 1. 

NP applies to ‘‘technology’’ 

for items controlled by 

1A002 for NP reasons.

NP Column 1. 

AT applies to entire entry .. AT Column 1. 

* * * * * 

■ 15. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2B018 is 

amended: 

■ a. By revising the ‘‘License 

Exceptions’’ section; and 

■ b. By removing the ‘‘Advisory Note’’ 

at the end of the ‘‘Items’’ paragraph, in 

the ‘‘List of Items Controlled’’ section, to 

read as follows: 

2B018 Equipment on the Wassenaar 

Arrangement Munitions List. 

* * * * * 

License Exceptions 

LVS: $3,000, except N/A for Rwanda. 

GBS: Yes, as follows, except N/A for 

Rwanda, MT-controlled items, or 

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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 58039 

destinations for which a license is required 

for RS reasons: Equipment used to determine 

the safety data of explosives as required by 

the International Convention on the 

Transport of Dangerous Goods (C.I.M.) 

Articles 3 and 4 in Annex 1 RID, provided 

that such equipment will be used only by the 

railway authorities of current C.I.M. 

members, or by the Government-accredited 

testing facilities in those countries, for the 

testing of explosives to transport safety 

standards, of the following description: 

a. Equipment for determining the ignition 

and deflagration temperatures; 

b. Equipment for steel-shell tests; 

c. Drophammers not exceeding 20 kg in 

weight for determining the sensitivity of 

explosives to shock; 

d. Equipment for determining the friction 

sensitivity of explosives when exposed to 

charges not exceed 36 kg in weight. 

CIV: N/A 

* * * * * 

■ 16. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2B119 is 

amended by revising the ‘‘Related 

Controls’’ paragraph, in the ‘‘List of 

Items Controlled’’ section, to read as 

follows: 

2B119 Balancing machines and related 

equipment, as follows (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: See also 7B101. 

Related Definitions: * * * 

Items: 

* * * * * 

■ 17. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2B350 is 

amended: 

■ a. By adding a ‘‘License Requirement 

Note,’’ at the end of the ‘‘License 

Requirements’’ section; 

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

paragraph, in the ‘‘List of Items 

Controlled’’ section; and 

■ c. By revising the ‘‘Items’’ paragraph, 

in the ‘‘List of Items Controlled’’ 

section, to read as follows: 

2B350 Chemical manufacturing facilities 

and equipment, except valves controlled by 

2A226 or 2A292, as follows (see List of Items 

Controlled). 

License Requirements 

* * * * * 

License Requirement Note 

This ECCN does not control equipment 

that is both: (1) Specially designed for use in 

civil applications (e.g., food processing, pulp 

and paper processing, or water purification) 

and (2) inappropriate, by the nature of its 

design, for use in storing, processing, 

producing or conducting and controlling the 

flow of the chemical weapons precursors 

controlled by 1C350. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: N/A 

Related Definitions: * * * 

Items: 

a. Reaction vessels or reactors, with or 

without agitators, with total internal 

(geometric) volume greater than 0.1 m3 (100 

liters) and less than 20 m3 (20,000 liters), 

where all surfaces that come in direct contact 

with the chemical(s) being processed or 

contained are made from any of the following 

materials: 

a.1. Alloys with more than 25% nickel and 

20% chromium by weight; 

a.2. Nickel or alloys with more than 40% 

nickel by weight; 

a.3. Fluoropolymers; 

a.4. Glass (including vitrified or enameled 

coating or glass lining); 

a.5. Tantalum or tantalum alloys; 

a.6. Titanium or titanium alloys; 

a.7. Zirconium or zirconium alloys; or 

a.8. Niobium (columbium) or niobium 

alloys. 

b. Agitators for use in reaction vessels or 

reactors described in 2B350.a, and impellers, 

blades or shafts designed for such agitators, 

where all surfaces that come in direct contact 

with the chemical(s) being processed or 

contained are made from any of the following 

materials: 

b.1. Alloys with more than 25% nickel and 

20% chromium by weight; 

b.2. Nickel or alloys with more than 40% 

nickel by weight; 

b.3. Fluoropolymers; 

b.4. Glass (including vitrified or enameled 

coatings or glass lining); 

b.5. Tantalum or tantalum alloys; 

b.6. Titanium or titanium alloys; 

b.7. Zirconium or zirconium alloys; or 

b.8. Niobium (columbium) or niobium 

alloys. 

c. Storage tanks, containers or receivers 

with a total internal (geometric) volume 

greater than 0.1 m3 (100 liters) where all 

surfaces that come in direct contact with the 

chemical(s) being processed or contained are 

made from any of the following materials: 

c.1. Alloys with more than 25% nickel and 

20% chromium by weight; 

c2. Nickel or alloys with more than 40% 

nickel by weight; 

c.3. Fluoropolymers; 

c.4. Glass (including vitrified or enameled 

coatings or glass lining); 

c.5. Tantalum or tantalum alloys; 

c.6. Titanium or titanium alloys; 

c.7. Zirconium or zirconium alloys; or 

c.8. Niobium (columbium) or niobium 

alloys. 

d. Heat exchangers or condensers with a 

heat transfer surface area of less than 20 m2, 

but greater than 0.15 m2, and tubes, plates, 

coils or blocks (cores) designed for such heat 

exchangers or condensers, where all surfaces 

that come in direct contact with the 

chemical(s) being processed are made from 

any of the following materials: 

d.1. Alloys with more than 25% nickel and 

20% chromium by weight; 

d.2. Nickel or alloys with more than 40% 

nickel by weight; 

d.3. Fluoropolymers; 

d.4. Glass (including vitrified or enameled 

coatings or glass lining); 

d.5. Tantalum or tantalum alloys; 

d.6. Titanium or titanium alloys; 

d.7. Zirconium or zirconium alloys; 

d.8. Niobium (columbium) or niobium 

alloys; 

d.9. Graphite or carbon-graphite; 

d.10. Silicon carbide; or 

d.11. Titanium carbide. 

e. Distillation or absorption columns of 

internal diameter greater than 0.1 m, and 

liquid distributors, vapor distributors or 

liquid collectors designed for such 

distillation or absorption columns, where all 

surfaces that come in direct contact with the 

chemical(s) being processed are made from 

any of the following materials: 

e.1. Alloys with more than 25% nickel and 

20% chromium by weight; 

e.2. Nickel or alloys with more than 40% 

nickel by weight; 

e.3. Fluoropolymers; 

e.4. Glass (including vitrified or enameled 

coatings or glass lining); 

e.5. Tantalum or tantalum alloys; 

e.6. Titanium or titanium alloys; 

e.7. Zirconium or zirconium alloys; 

e.8. Niobium (columbium) or niobium 

alloys; or 

e.9. Graphite or carbon-graphite. 

f. Remotely operated filling equipment in 

which all surfaces that come in direct contact 

with the chemical(s) being processed are 

made from any of the following materials: 

f.1. Alloys with more than 25% nickel and 

20% chromium by weight; or 

f.2. Nickel or alloys with more than 40% 

nickel by weight. 

g. Valves with nominal sizes greater than 

1.0 cm (d in.), and casings (valve bodies) or 

preformed casing liners designed for such 

valves, in which all surfaces that come in 

direct contact with the chemical(s) being 

processed or contained are made from any of 

the following materials: 

g.1. Alloys with more than 25% nickel and 

20% chromium by weight; 

g.2. Nickel or alloys with more than 40% 

nickel by weight; 

g.3. Fluoropolymers; 

g.4. Glass or glass lined (including vitrified 

or enameled coatings); 

g.5. Tantalum or tantalum alloys; 

g.6. Titanium or titanium alloys; 

g.7. Zirconium or zirconium alloys; or 

g.8. Niobium (columbium) or niobium 

alloys. 

h. Multi-walled piping incorporating a leak 

detection port, in which all surfaces that 

come in direct contact with the chemical(s) 

being processed or contained are made from 

any of the following materials: 

h.1. Alloys with more than 25% nickel and 

20% chromium by weight; 

h.2. Nickel or alloys with more than 40% 

nickel by weight; 

h.3. Fluoropolymers; 

h.4. Glass (including vitrified or enameled 

coatings or glass lining); 

h.5. Tantalum or tantalum alloys; 

h.6. Titanium or titanium alloys; 

h.7. Zirconium or zirconium alloys; 

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58040 Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 

h.8. Niobium (columbium) or niobium 

alloys; or 

h.9. Graphite or carbon-graphite. 

i. Multiple-seal and seal-less pumps with 

manufacturer’s specified maximum flow-rate 

greater than 0.6 m 3/hour, or vacuum pumps 

with manufacturer’s specified maximum 

flow-rate greater than 5 m 3/hour (under 

standard temperature (273 K (0 °C)) and 

pressure (101.3 kPa) conditions), and casings 

(pump bodies), preformed casing liners, 

impellers, rotors or jet pump nozzles 

designed for such pumps, in which all 

surfaces that come into direct contact with 

the chemical(s) being processed are made 

from any of the of the following materials: 

i.1. Alloys with more than 25% nickel and 

20% chromium by weight; 

i.2. Nickel or alloys with more than 40% 

nickel by weight; 

i.3. Fluoropolymers; 

i.4. Glass (including vitrified or enameled 

coatings or glass lining); 

i.5. Tantalum or tantalum alloys; 

i.6. Titanium or titanium alloys; 

i.7. Zirconium or zirconium alloys; 

i.8. Niobium (columbium) or niobium 

alloys. 

i.9. Graphite or carbon-graphite; 

i.10. Ceramics; or 

i.11. Ferrosilicon. 

j. Incinerators designed to destroy chemical 

warfare agents, chemical weapons precursors 

controlled by 1C350, or chemical munitions 

having specially designed waste supply 

systems, special handling facilities and an 

average combustion chamber temperature 

greater than 1000 °C in which all surfaces in 

the waste supply system that come into 

direct contact with the waste products are 

made from or lined with any of the following 

materials: 

j.1. Alloys with more than 25% nickel and 

20% chromium by weight; 

j.2. Nickel or alloys with more than 40% 

nickel by weight; or 

j.3. Ceramics. 

Technical Note 1: Carbon-graphite is a 

composition consisting primarily of graphite 

and amorphous carbon, in which the graphite 

is 8 percent or more by weight of the 

composition. 

Technical Note 2: The metal alloys in 

2B350 are those containing a higher 

percentage by weight of the stated metal than 

of any other element. 

* * * * * 

■ 18. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

2—Materials Processing, Export Control 

Classification Number (ECCN) 2B351 is 

amended by revising the ECCN heading 

to read as follows: 

2B351 Toxic gas monitoring systems that 

operate on-line and dedicated detectors 

therefor, as follows, except those systems and 

detectors controlled by ECCN 1A004.c (see 

List of Items Controlled). 

* * * * * 

■ 19. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

4—Computers, Export Control 

Classification Number (ECCN) 4A101 is 

amended by revising the ‘‘Items’’ 

paragraph, in the ‘‘List of Items 

Controlled’’ section, to read as follows: 

4A101 Analog computers, ‘‘digital 

computers’’ or digital differential analyzers, 

other than those controlled by 4A001 

designed or modified for use in ‘‘missiles’’, 

having any of the following (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

a. Rated for continuous operation at 

temperatures from below 228 K (¥45 °C) to 

above 328 K (+55 °C); or 

b. Designed as ruggedized or ‘radiation 

hardened’. 

Note: ‘Radiation hardened’ means that the 

component or equipment is designed or rated 

to withstand radiation levels which meet or 

exceed a total irradiation dose of 5 × 105 rads 

(Si). 

■ 20. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

4—Computers, Export Control 

Classification Number (ECCN) 4A980 is 

amended by revising the ‘‘Items’’ 

paragraph, in the ‘‘List of Items 

Controlled’’ section, to read as follows: 

4A980 Computers for fingerprint 

equipment, n.e.s. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

Note: 4A980 does not control equipment 

limited to one finger and designed for user 

authentication or access control. 

■ 21. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

4—Computers, Export Control 

Classification Number (ECCN) 4A994 is 

amended by revising the ‘‘Items’’ 

paragraph, in the ‘‘List of Items 

Controlled’’ section, to read as follows: 

4A994 Computers, ‘‘electronic assemblies’’, 

and related equipment not controlled by 

4A001 or 4A003, and specially designed 

components therefor. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

Note 1: The control status of the ‘‘digital 

computers’’ and related equipment described 

in 4A994 is determined by the control status 

of other equipment or systems provided: 

a. The ‘‘digital computers’’ or related 

equipment are essential for the operation of 

the other equipment or systems; 

b. The ‘‘digital computers’’ or related 

equipment are not a ‘‘principal element’’ of 

the other equipment or systems; and, 

N.B. 1: The control status of ‘‘signal 

processing’’ or ‘‘image enhancement’’ 

equipment specially designed for other 

equipment with functions limited to those 

required for the other equipment is 

determined by the control status of the other 

equipment even if it exceeds the ‘‘principal 

element’’ criterion. 

N.B. 2: For the control status of ‘‘digital 

computers’’ or related equipment for 

telecommunications equipment, see Category 

5, Part 1 (Telecommunications). 

c. The ‘‘technology’’ for the ‘‘digital 

computers’’ and related equipment is 

determined by 4E. 

a. Electronic computers and related 

equipment, and ‘‘electronic assemblies’’ and 

specially designed components therefor, 

rated for operation at an ambient temperature 

above 343 K (70 °C); 

b. ‘‘Digital computers’’, including 

equipment of ‘‘signal processing’’ or image 

enhancement’’, having an ‘‘Adjusted Peak 

Performance’’ (‘‘APP’’) equal to or greater 

than 0.0128 Weighted TeraFLOPS (WT); 

c. ‘‘Electronic assemblies’’ that are 

specially designed or modified to enhance 

performance by aggregation of processors, as 

follows: 

c.1. Designed to be capable of aggregation 

in configurations of 16 or more processors; 

c.2. [Reserved]; 

Note 1: 4A994.c applies only to ‘‘electronic 

assemblies’’ and programmable 

interconnections with a ‘‘APP’’ not exceeding 

the limits in 4A994.b, when shipped as 

unintegrated ‘‘electronic assemblies’’. It does 

not apply to ‘‘electronic assemblies’’ 

inherently limited by nature of their design 

for use as related equipment controlled by 

4A994.k. 

Note 2: 4A994.c does not control any 

‘‘electronic assembly’’ specially designed for 

a product or family of products whose 

maximum configuration does not exceed the 

limits of 4A994.b. 

d. [Reserved]; 

e. [Reserved]; 

f. Equipment for ‘‘signal processing’’ or 

‘‘image enhancement’’ having an ‘‘Adjusted 

Peak Performance’’ (‘‘APP’’) equal to or 

greater than [0.0128] Weighted TeraFLOPS 

WT]; 

g. [Reserved]; 

h. [Reserved]; 

i. Equipment containing ‘‘terminal 

interface equipment’’ exceeding the limits in 

5A991; 

j. Equipment specially designed to provide 

external interconnection of ‘‘digital 

computers’’ or associated equipment that 

allows communications at data rates 

exceeding 80 Mbyte/s. 

Note: 4A994.j does not control internal 

interconnection equipment (e.g., backplanes, 

buses) passive interconnection equipment, 

‘‘network access controllers’’ or 

‘‘communication channel controllers’’. 

k. ‘‘Hybrid computers’’ and ‘‘electronic 

assemblies’’ and specially designed 

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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 58041 

components therefor containing analog-todigital converters having all of the following 

characteristics: 

k.1. 32 channels or more; and, 

k.2. A resolution of 14 bit (plus sign bit) 

or more with a conversion rate of 200,000 

conversions/s or more. 

■ 22. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

4—Computers, Export Control 

Classification Number (ECCN) 4D993 is 

amended by revising the ECCN heading 

and by revising paragraphs (b) and (c) of 

the ‘‘Items’’ paragraph, in the ‘‘List of 

Items Controlled’’ section, to read as 

follows: 

4D993 ‘‘Program’’ proof and validation 

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

automatic generation of ‘‘source codes’’, and 

operating system ‘‘software’’ not controlled 

by 4D003 that are specially designed for real 

time processing equipment (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

* * * * * 

b. ‘‘Software’’ allowing the automatic 

generation of ‘‘source codes’’ from data 

acquired on line from external sensors 

described in the Commerce Control List; or 

c. Operating system ‘‘software’’ specially 

designed for ‘‘real time processing’’ 

equipment that guarantees a ‘‘global interrupt 

latency time’’ of less than 20 microseconds. 

■ 23. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

4—Computers, Export Control 

Classification Number (ECCN) 4E992 is 

amended by revising the ‘‘Related 

Controls’’ paragraph, in the ‘‘List of 

Items Controlled’’ section, to read as 

follows: 

4E992 ‘‘Technology’’ other than that 

controlled in 4E001 for the ‘‘development’’, 

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

controlled by 4A994 and 4B994, materials 

controlled by 4C994, or ‘‘software’’ controlled 

by 4D993 or 4D994. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: N/A 

Related Definitions: * * * 

Items: 

* * * * * 

■ 24. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

5—Telecommunications and 

‘‘Information Security’’, Part 1 

Telecommunications, Export Control 

Classification Number (ECCN) 5A991 is 

amended: 

■ a. By removing paragraph (b)(8) from 

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

Items Controlled’’ section; 

■ b. By removing and reserving 

paragraphs (c)(2) and (c)(4) of the 

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

Controlled’’ section, and 

■ c. By revising the ‘‘Note’’ at the end 

of paragraph (c)(4) of the ‘‘Items’’ 

paragraph in the ‘‘List of Items 

Controlled’’ section, to read as follows: 

5A991 Telecommunication equipment, not 

controlled by 5A001. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

* * * * * 

c. ‘‘Stored program controlled’’ * * * 

Note: Statistical multiplexers with digital 

input and digital output which provide 

switching are treated as ‘‘stored program 

controlled’’ switches. 

c.1. ‘‘Data (message) switching’’ equipment 

or systems designed for ‘‘packet-mode 

operation’’ and assemblies and components 

therefor, n.e.s. 

c.2. [Reserved]; 

c.3. Routing or switching of ‘datagram’ 

packets; 

c.4. [Reserved] 

Note: The restrictions in 5A991.c.3 do not 

apply to networks restricted to using only 

‘‘network access controllers’’ or to ‘‘network 

access controllers’’ themselves. 

* * * * * 

■ 25. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

6—Sensors and Lasers, Export Control 

Classification Number (ECCN) 6A995 is 

amended by revising the ECCN heading, 

to read as follows: 

6A995 ‘‘Lasers’’ (see List of Items 

Controlled). 

* * * * * 

■ 26. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

7—Navigation and Avionics, Export 

Control Classification Number (ECCN) 

7D001 is amended by removing the 

ECCN reference ‘‘7A007,’’ from the 

second sentence of the ‘‘Related 

Controls’’ paragraph in the ‘‘List of 

Items Controlled’’ section. 

■ 27. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

7—Navigation and Avionics, Export 

Control Classification Number (ECCN) 

7E001 is amended by removing the 

ECCN reference ‘‘7A007,’’ from the 

second sentence of the ‘‘Related 

Controls’’ paragraph in the ‘‘List of 

Items Controlled’’ section. 

■ 28. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

7—Navigation and Avionics, Export 

Control Classification Number (ECCN) 

7E002 is amended by removing the 

ECCN reference ‘‘7A007,’’ from the 

second sentence of the ‘‘Related 

Controls’’ paragraph in the ‘‘List of 

Items Controlled’’ section. 

■ 29. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

7—Navigation and Avionics, Export 

Control Classification Number (ECCN) 

7E101 is amended by revising the 

‘‘Related Controls’’ paragraph, in the 

‘‘List of Items Controlled’’ section, to 

read as follows: 

7E101 ‘‘Technology’’, according to the 

General Technology Note for the ‘‘use’’ of 

equipment controlled by 7A001 to 7A006, 

7A101 to 7A107, 7A115 to 7A117, 7B001, 

7B002, 7B003, 7B101, 7B102, 7B103, or 

7D101 to 7D103. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: The ‘‘technology’’ related 

to 7A003.b, 7A005, 7A103.b, 7A105, 7A106, 

7A115, 7A116, 7A117, 7B103, software 

specified in the Related Controls paragraph 

of ECCN 7D101, 7D102.a, or 7D103 are 

subject to the export licensing authority of 

the U.S. Department of State, Directorate of 

Defense Trade Controls. (See 22 CFR part 

121.) 

Related Definitions: * * * 

Items: 

* * * * * 

■ 30. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Propulsion Systems, Space Vehicles 

and Related Equipment, Export Control 

Classification Number (ECCN) 9E101 is 

amended by revising the ECCN heading, 

to read as follows: 

9E101 ‘‘Technology’’ according to the 

General Technology Note for the 

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

commodities or software controlled by 

9A012, 9A101, 9A104 to 9A111, 9A115 to 

9A119, 9C110, 9D101, 9D103, 9D104 or 

9D105. 

* * * * * 

Dated: September 29, 2008. 

Christopher R. Wall, 

Assistant Secretary for Export 

Administration. 

[FR Doc. E8–23289 Filed 10–3–08; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Part 126 

[Public Notice: 6384] 

Amendment to the International Arms 

Traffic in Arms Regulations: Eritrea 

AGENCY: Department of State. 

ACTION: Final Rule. 

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