[Federal Register Volume 73, Number 199 (Tuesday, October 14, 2008)]
[Rules and Regulations]
[Pages 60910-60934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23278]



[[Page 60909]]

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Part IV





Department of Commerce





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Bureau of Industry and Security



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15 CFR Parts 740, 772, and 744



Wassenaar Arrangement Plenary Agreements Implementation: December 2007 
Categories 1, 2, 3, 5 Parts I and II, 6, 7, and 9 of the Commerce 
Control List, Definitions; December 2006 Solar Cells; Final Rule

Federal Register / Vol. 73 , No. 199 / Tuesday, October 14, 2008 / 
Rules and Regulations

[[Page 60910]]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 772 and 774

[Docket No. 080215206-81243-01]
RIN 0694-AE29


Wassenaar Arrangement Plenary Agreements Implementation: December 
2007 Categories 1, 2, 3, 5 Parts I and II, 6, 7, and 9 of the Commerce 
Control List, Definitions; December 2006 Solar Cells

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) maintains the 
Commerce Control List (CCL), which identifies items subject to 
Department of Commerce export controls. This final rule revises the 
Export Administration Regulations (EAR) to implement changes made to 
the Wassenaar Arrangement's List of Dual Use Goods and Technologies 
(Wassenaar List) maintained and agreed to by governments participating 
in the Wassenaar Arrangement on Export Controls for Conventional Arms 
and Dual Use Goods and Technologies (Wassenaar Arrangement, or WA). The 
Wassenaar Arrangement advocates implementation of effective export 
controls on strategic items with the objective of improving regional 
and international security and stability. To harmonize with the changes 
to the Wassenaar List, this rule revises the EAR by amending certain 
entries that are controlled for national security reasons in Categories 
1, 2, 3, 5 Part I (telecommunications), 5 Part II (information 
security), 6, 7, and 9; adding new entries to the Commerce Control List 
(CCL), and amending EAR Definitions, as well as adding definitions.
    The purpose of this final rule is to revise the CCL and definitions 
of terms used in the EAR to implement Wassenaar List revisions that 
were agreed upon in the December 2007 Wassenaar Arrangement Plenary 
Meeting and the Wassenaar List provisions regarding solar cells agreed 
upon in the December 2006 plenary meeting.
    This rule also adds or expands unilateral U.S. export controls and 
national security export controls on certain items to make them 
consistent with the amendments made to implement the Wassenaar 
Arrangement's decisions.

DATES: Effective Date: This rule is effective October 14, 2008.

FOR FURTHER INFORMATION CONTACT: For questions of a general nature 
contact Sharron Cook, Office of Exporter Services, Bureau of Industry 
and Security, U.S. Department of Commerce at (202) 482 2440 or E Mail: 
<a href="/cdn-cgi/l/email-protection#6417070b0b0f24060d174a000b074a030b12"><span class="__cf_email__" data-cfemail="1360707c7c7853717a603d777c703d747c65">[email protected]</span></a>.
    For questions of a technical nature contact:
Category 1: Bob Teer (202) 482-4749.
Category 2: George Loh (202) 482-3570.
Category 3: Brian Baker (202) 482-5534.
Category 5 Part 1: Joe Young (202) 482-4197.
Category 5 Part 2: Michael Pender (202) 482-2458.
Category 6: Chris Costanzo (202) 482-0718 (optics) and Mark Jaso (202) 
482-0987 (lasers).
Category 7: Daniel Squire (202) 482-3710.
Category 9: Gene Christensen (202) 482-2984.
    Comments regarding the collections of information associated with 
this rule, including suggestions for reducing the burden, should be 
sent to OMB Desk Officer, New Executive Office Building, Washington, DC 
20503, Attention: Jasmeet Seehra, or by e-mail to <a href="/cdn-cgi/l/email-protection#87edf4e2e2eff5e6c7e8eae5a9e2e8f7a9e0e8f1"><span class="__cf_email__" data-cfemail="1c766f7979746e7d5c73717e3279736c327b736a">[email protected]</span></a> 
or by fax to (202) 395-7285; and to the Office of Administration, 
Bureau of Industry and Security, Department of Commerce, 14th and 
Pennsylvania Avenue, NW., Room 6883, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    In July 1996, the United States and thirty-three other countries 
gave final approval to the establishment of a new multilateral export 
control arrangement called the Wassenaar Arrangement on Export Controls 
for Conventional Arms and Dual Use Goods and Technologies (Wassenaar 
Arrangement or WA). The Wassenaar Arrangement contributes to regional 
and international security and stability by promoting transparency and 
greater responsibility in transfers of conventional arms and dual use 
goods and technologies, thus preventing destabilizing accumulations of 
such items. Participating states have committed to exchange information 
on exports of dual use goods and technologies to non-participating 
states for the purposes of enhancing transparency and assisting in 
developing common understandings of the risks associated with the 
transfers of these items.

Expanded or New Export Controls

    This rule imposes new or expanded NS Column 1 controls. This rule 
imposes a license requirement pursuant to section 742.4(a) of the EAR 
for exports and reexports to all destinations, except Canada, of 
certain commodities (and related software and technology) described in 
Export Control Classification Number 9A012.b.4 (certain air breathing 
reciprocating or rotary internal combustion type engines). This rule 
also imposes such a license requirement for certain software and 
technology controlled under ECCN 3D001 and 3E001 related to the 
development or production of certain solar cells, cell-interconnect-
coverglass (CIC) assemblies, solar panels, and solar arrays. These 
destinations have an ``X'' indicated in NS column 1 on the Commerce 
Country Chart of Supplement No. 1 to Part 738. The purpose of the 
controls is to ensure that these items do not make a contribution to 
the military potential of any other country or combination of countries 
that would prove detrimental to the national security of the United 
States. For designated terrorism supporting countries or embargoed 
countries, the applicable licensing policies are found in Parts 742 and 
746 of the EAR, and Supplement No. 1 to Part 736 of the EAR for Syria.
    This rule imposes new or expands NS Column 2 controls. This rule 
imposes a license requirement under section 742.4(a) of the EAR for 
exports and reexports of commodities (and related software and 
technology) described in ECCNs 1A006 (Equipment, specially designed or 
modified for the disposal of improvised explosive devices, and 
specially designed components and accessories therefor), 1A007 
(Equipment and devices, specially designed to initiate charges and 
devices containing energetic materials, by electrical means), 
3A001.e.4, solar cells, cell-interconnect-coverglass (CIC) assemblies, 
solar panels, and solar arrays which are ``space qualified,'' having an 
average efficiency exceeding 20% at an operating temperature of 301 K 
(28 [deg]C) under simulated ``air mass zero'' illumination with an 
irradiance of 1,367 watts per square meter, and 3C002.e (all resists 
designed or optimized for use with imprint lithography equipment 
specified by 3B001.f.2. that use either a thermal or photo-curable 
process) to destinations other than Country Group A:1, cooperating 
countries (see Supplement No. 1 to Part 740 of the EAR), Bulgaria, 
Czech Republic, Estonia, Hungary, Iceland, Latvia, Lithuania, Poland, 
Romania, Slovakia and Slovenia. This NS column 2 license requirement 
applies to destinations that have an ``X'' indicated in NS column 2

[[Page 60911]]

on the Commerce Country Chart of Supplement No. 1 to Part 738 of the 
EAR. The purpose of the controls is to ensure that these items do not 
make a contribution to the military potential of countries in Country 
Group D:1 that would prove detrimental to the national security of the 
United States. For designated terrorism supporting countries or 
embargoed countries, the applicable licensing policies are found in 
Parts 742 and 746 of the EAR, and Supplement No. 1 to Part 736 of the 
EAR for Syria.
    The licensing policy for national security controlled items 
exported or reexported to any country except a country in Country Group 
D:1 (see Supplement No. 1 to Part 740 of the EAR) is to approve license 
applications unless there is a significant risk that the items will be 
diverted to a country in Country Group D:1. The general policy for 
exports and reexports of items to Country Group D:1 is to approve 
license applications when BIS determines, on a case by case basis, that 
the items are for civilian use or would otherwise not make a 
significant contribution to the military potential of the country of 
destination that would prove detrimental to the national security of 
the United States.
    This rule imposes new or expands anti terrorism (AT) controls. This 
rule imposes a unilateral U.S. license requirement to export and 
reexport commodities (and related software and technology) controlled 
under ECCNs 1A006 (Equipment, specially designed or modified for the 
disposal of improvised explosive devices, and specially designed 
components and accessories therefor), 1A007 (Equipment and devices, 
specially designed to initiate charges and devices containing energetic 
materials, by electrical means), 3A001.e.4 solar cells, cell-
interconnect-coverglass (CIC) assemblies, solar panels, and solar 
arrays as described above, 3A991.o solar cells, cell-interconnect-
coverglass (CIC) assemblies, solar panels, and solar arrays which are 
``space qualified'' and not controlled by 3A001.e.4, 3C002.e (all 
resists designed or optimized for use with imprint lithography 
equipment specified by 3B001.f.2. that use either a thermal or photo-
curable process), and 9A012.b.4 (certain air breathing reciprocating or 
rotary internal combustion type engines) for AT reasons to Cuba, Iran, 
North Korea, Sudan and Syria, in addition to the national security 
controls imposed to implement the Wassenaar Arrangement's decisions. 
These unilateral export controls are necessary because under Section 
6(j) of the Export Administration Act of 1979 a license is required for 
items that could make a significant contribution to the military 
potential of such country or that could enhance the ability of such 
country to support acts of international terrorism. There is a general 
policy of denial for applications to export or reexport to terrorism 
supporting countries, as set forth in Part 742 of the EAR. In addition, 
certain of these countries are also subject to embargoes, as set forth 
in Part 746 of the EAR and Supplement No. 1 to Part 736 of the EAR for 
Syria. A license is also required for the export and reexport of these 
items to specially designated terrorists and foreign terrorist 
organizations, as set forth in Part 744 of the EAR; license 
applications to these parties are reviewed under a general policy of 
denial.

Task Force on Editorial Issues (TFEI)

    The Wassenaar Arrangement Task Force on Editorial Issues (TFEI) 
made revisions, editorial in nature, to clarify or correct control text 
or remove extraneous text. The TFEI revisions (over 2,000) were agreed 
upon by the WA in December 2007. This rule implements only those TFEI 
revisions that coincide with the revisions to ECCNs affected by the 
2007 WA agreements. Other TFEI revisions will be implemented in a 
separate rule.

Revisions to the Commerce Control List

    This rule revises a number of entries on the Commerce Control List 
(CCL) to implement the December 2007 agreed revisions to the Wassenaar 
List of Dual Use Goods and Technologies. This rule also revises 
language to provide a complete or more accurate description of controls 
in certain ECCNs. A description of the specific amendments to the CCL 
pursuant to the December 2007 Wassenaar Agreement is provided below. 
Newly added ECCNs, as described below, are as follows: 1A006 and 1A007. 
The amended ECCNs, as described below, are 1A004, 1E001, 1E201, 2B001, 
2B002, 2B006, 2B007, 2B008, 3A001, 3A002, 3A229, 3B001, 3C002, 3C005, 
3C006, 3D001, 3E001, 5A001, 5A002, 6A001, 6A005, 6A995, 7A002, 7A003, 
7A008, 9A012, and 9E003.

Category 1 Materials, Chemicals, ``Microorganisms,'' and Toxins

    ECCN 1A004 (Protective and detection equipment and components) is 
amended by:
    a. Revising the Related Definitions paragraph of the List of Items 
Controlled section to move the definition for ``adapted for use in 
war'' from a Note in ECCN 1A004 to the Related Definitions paragraph, 
and adding a new definition for ``riot controls agents'' to clarify the 
meaning of these terms as they are used in the control parameters of 
this entry;
    b. Revising paragraphs 1A004.a (gas masks, filter canisters and 
decontamination equipment), 1A004.b (protective suits, gloves and 
shoes), and 1A004.c (Nuclear, biological and chemical (NBC) detection 
systems), to specifically list the agents and materials this equipment 
is designed or modified to defend against that would cause this 
equipment to be classified under this entry; and
    c. Replacing the last Note of ECCN 1A004 with Technical Notes 1 and 
2 to provide additional information about what ECCN 1A004 includes and 
does not include, as well as providing a technical definition of the 
term `simulant'.
    ECCN 1A006 is added to the CCL to control ``Equipment, specially 
designed or modified for the disposal of improvised explosive devices, 
and specially designed components and accessories therefor.''
    Rationale: This ECCN is added to prevent potential terrorists from 
discovering how to defeat the devices and ensure they are used only by 
properly vetted end-users.
    ECCN 1A007 is added to the CCL to control ``Equipment and devices, 
specially designed to initiate charges and devices containing energetic 
materials, by electrical means''
    Rationale: This ECCN is added to prevent potential terrorists from 
obtaining such devices and ensure they are used by properly vetted end-
users.
    ECCN 1E001 (development or production technology) is amended by:
    a. Adding two new ECCNs 1A006 and 1A007 to the heading to control 
the ``development'' and ``production'' technology for those 
commodities; and
    b. Revising the NS and NP controls to harmonize with the newly 
added ECCNs.
    ECCN 1E201 (use technology) is amended by:
    a. Adding 1A007 to the heading to control the ``use'' technology 
for NP reasons because 3A232.a was moved to 1A007.a and 1A007.b 
overlaps with 3A229; and
    b. Revising the NP controls to clarify that NP applies only to 
those portions of the ECCNs that are controlled for NP reasons.

Category 2 Materials Processing

    Technical Notes for 2B001 to 2B009 are amended by removing Notes 5 
and 6, and adding new Notes 5 and 6 to

[[Page 60912]]

harmonize with the Wassenaar Arrangement's Technical Notes.
    ECCN 2B001 (Machine tools) is amended by:
    a. Revising the Heading to add ``as follows'' to harmonize with the 
Wassenaar Arrangement's List;
    b. Redesignating Related Controls, Notes 1 through 3, as Related 
Controls Notes 2 through 4, and adding a new Note 1 to reference ECCN 
2B002 for optical finishing machines;
    c. Removing the word ``parts'' and adding an ``or'' after paragraph 
c in Note 2 at the beginning of the items paragraph of the List of 
Items Controlled section as part of the TFEI revisions, because the 
word ``parts'' is superfluous;
    d. Removing a comma and the word ``characteristics'' from 2B001.a 
as part of the TFEI revisions, to correct the punctuation and remove a 
superfluous word;
    e. Replacing the words ``the production of'' with ``producing'', 
removing the word ``characteristics'', and changing the outline format 
of the paragraphs from numeric to alphabetic, and in the Note to 
2B001.a as part of the TFEI revisions to improve clarity and 
readability of this entry;
    f. Removing a comma and the word ``characteristics'' from 2B001.b, 
2B001.b.4, and 2B001.c, as part of the TFEI revisions to correct 
punctuation and remove a superfluous word;
    g. Replacing the numeric outline with an alphabetic outline, adding 
a comma and the word ``of'' and removing the word ``characteristics'' 
in paragraph (a) in the Notes to 2B001.c as part of the TFEI revisions 
to improve clarity and readability;
    h. Adding a comma and removing the word ``characteristics'' to 
2B001.e as part of the TFEI revisions to correct punctuation and remove 
superfluous word;
    i. Replacing the word ``which'' with ``and all of the following'' 
in 2B001.e.2 as part of the TFEI revisions to clarify the entry;
    j. Removing the word ``have'' and capitalizing the word ``A'' in 
2B001.e.2.b as part of the TFEI revisions to clarify the entry; and
    k. Replacing the parameter ``5,000 mm'' with ``5 m'' in 2B001.f as 
part of the TFEI revisions to harmonize with Wassenaar style.
    ECCN 2B002 (Numerically controlled machine tools using a 
magnetorheological finishing (MRF) process) is amended by:
    a. Removing a comma and adding the phrase ``for selective material 
removal'' to the heading to better distinguish finishing tools that 
only remove material from selected locations as opposed to polishing 
tools that are used to improve the finish of an entire surface;
    b. Adding a definition for the two new terms ``inflatable membrane 
tool finishing'' and ``Fluid jet finishing'' to the Related Definitions 
paragraph of the List of Items Controlled section for reasons explained 
in the Rationale below;
    c. Revising the number of axes from ``three'' to ``four'' in 
2B002.c section for reasons explained in the Rationale below;
    d. Adding single quotes around the terms listed in 2B002.d.1 
`Magnetorheological finishing (MRF)' and d.2 `Electrorheological 
finishing (ERF)', because these terms are defined within this ECCN; and
    e. Replacing the period with a semi-colon in 2B002.d.3; and adding 
two new finishing processes: `Inflatable membrane tool finishing' and 
`Fluid jet finishing' in 2B002.d.4 and 2B002.d.5 respectively, for 
reasons explained in the Rationale below.
    Rationale: A common element of finishing machines is that the 
finishing tool is relatively small compared to the workpiece and makes 
contact over a small area within the aperture of the workpiece 
(typically an optical component) at any one point in time, as opposed 
to traditional finishing/polishing tools that make contact over a large 
area of the workpiece surface. For this reason, the terms `sub-aperture 
finishing' and `small tool' are sometimes used to describe these 
machines. Some examples of tools using sub-aperture/small tool 
processes are Magnetorheological Finishing (MRF), Eletrorheological 
Finishing (ERF), the Loh AII and Zeeko inflatable membrane, and fluid 
jet finishing machines. These machines use multiple axes (3-7) to 
manipulate the finishing tool and Computer Numerical Control (CNC) 
software to coordinate the axes.
    Many of the applications of such machines are for flat or spherical 
components and the software could be restricted to this capability 
allowing export of less capable machines. These machines use 
proprietary software capable of producing aspheres or freeform 
surfaces. However, this software does not have to be part of the 
machine controller, but can be a standalone item that creates a CNC 
program for the finishing machine.
    The free transfer of finishing machines to countries of concern 
would give those countries an improved ability to produce military 
critical optical components. An optical finishing machine can produce 
equal or better quality aspheric optics than controlled diamond turning 
machines or high precision grinders, and can also produce freeform 
optics such as wavefront plates and conformal windows. The numerical 
control provides the ability to produce aspheric and non-spherical 
optics in minutes to hours as opposed to days of highly skilled labor 
for manual production. It is for this reason that inflatable membrane 
tool finishing and fluid jet finishing processes are being added to the 
CCL.
    ECCN 2B006 (Dimensional inspection or measuring systems and 
equipment) is amended by:
    a. Adding a Note under the Nuclear non-Proliferation (NP) controls 
in the License Requirements section, stating ``NP applies to measuring 
systems in 2B006.b.1.c that maintain, for at least 12 hours, over a 
temperature range of <plus-minus>1 K around a standard temperature and 
at a standard pressure, all of the following: A ``resolution'' over 
their full scale of 0.1 [mu]m or less (better); and a ``measurement 
uncertainty'' equal to or less (better) than (0.2 + L/2,000) [mu]m (L 
is the measured length in mm).''
    Rationale: The Nuclear Suppliers Group has not adopted the 
revisions pertaining to measuring systems in 2B006.b.1.c that the 
Wassenaar Arrangement has adopted. Therefore, these measuring systems 
are controlled for nuclear non-proliferation reasons when they meet the 
criteria that were in place prior to the publication of this rule, 
which are outlined in the newly added NP note.
    b. Adding single quotes around the term `Linear displacement' in 
2B006.b.1 and replacing the double quotes with single quotes around the 
same term as it appears in the technical note to 2B006.1, as part of 
the TFEI revisions, because the term is defined in this ECCN;
    c. Removing the word ``characteristics'' from 2B006.b.1.b as part 
of the TFEI revisions to remove a superfluous word;
    d. Removing the word ``or'' from 2B006.b.1.b.2 as part of the TFEI 
revisions for clarity;
    e. Revising the temperature parameter in 2B006.b.1.c.2, as 
explained in the Rationale below;
    f. Revising the `measurement uncertainty' parameter in 
2B006.b.1.c.2.b, as explained in the Rationale below;
    g. Replacing the period with a semi-colon in 2B006.b.1.d as part of 
the TFEI revisions to correct the punctuation; and
    h. Adding a Note following paragraph 2B006.c that states, ``Machine 
tools, which can be used as measuring

[[Page 60913]]

machines, are controlled if they meet or exceed the criteria specified 
for the machine tool function or the measuring machine function.'' to 
conform to the Wassenaar List.
    Rationale: Studies into laser interferometers concluded that the 
value of the measurement uncertainty in 2B006.b.1.c.2.b includes taking 
into account the refractive index of air in order to achieve a 
measurement uncertainty of 0.2 + L/2,000 [mu]m. Lasers used in these 
systems are now extremely stable and contribute very little to the 
overall measurement uncertainty, whereas the compensation for 
environmental conditions contribute approximately 4/5 towards the 
systems measurement uncertainty. Therefore it is important to 
acknowledge that the system measurement uncertainty includes 
compensation for the refractive index of air.
    The reference to standard pressure in 2B006.b.1.c.2 has been 
removed as this would be difficult to achieve when testing longer 
ranges, and compensating for the refractive index of air negates this 
requirement. However, reference to temperature remains as it has an 
effect on the systems optics as well as the refractive index of air and 
contributes to the 0.2[mu]m component of the measurement uncertainty.
    The term `capable of achieving' in 2B006.b.1.c.2.b has been 
introduced to avoid laser interferometer systems being exported with 
poor environmental sensors in the compensation units, resulting in 
measurement uncertainty values outside the control parameters, which 
could then be replaced with compensator units with good environment 
sensors, making the system's measurement uncertainty as good as or 
better than those of the control parameters after export.
    ECCN 2B007 (Robots) is amended by:
    a. Replacing the double quotes with single quotes around the term 
`scene analysis' in 2B007.a and the Technical Note that follows, as 
part of the TFEI revisions, because this term is a definition defined 
within ECCN 2B007, instead of a global definition in part 772 of the 
EAR;
    b. Adding the word ``potentially'' to 2B007.b and adding a Note 
after 2B007 that excludes robots specially designed for paint-spraying 
booths from control in this entry. The reason for this change is 
explained in the rationale below; and
    c. Changing the NP controls from ``2B007.b and 2B007.c and to 
specially designed controllers and `end effectors' therefore'' to 
``equipment that meets or exceeds the criteria in ECCNs 2B207.''
    Rationale: Robots which can be used for a military purpose and 
should be controlled are those with the capability of handling high 
explosives in potentially explosive atmospheres. To make the meaning of 
`explosive munitions environments' clear, the term ``potentially'' is 
added before `explosive munitions environments'. In addition, a new 
Note to decontrol robots specially designed for paint-spraying booths 
is added. A spraying robot alone is not considered to be a military 
concern, and today spraying robots are widely used in automobile 
manufacturing.
    ECCN 2B008 (Assemblies or units, specially designed for machine 
tools, or dimensional inspection or measuring systems and equipment) is 
amended by:
    a. Revising the reference in the Nota Bene (N.B.) following 2B008.a 
for laser systems from ``Note to 2B006.b.1'' to ``2B006.b.1.c and d.'' 
to conform with linear laser systems in 2B006; and
    b. Revising the reference in the Nota Bene (N.B.) following 2B008.b 
for laser systems from ``Note to 2B006.b.1'' to ``2B006.b.2'' to 
conform with rotary systems in 2B006.

Category 3 Electronics

    ECCN 3A001 (Electronic components) is amended by:
    a. Adding the phrase ``and specially designed components therefor'' 
to the heading to match the heading with the scope of the entry as part 
of the TFEI revisions;
    b. Revising the GBS paragraph of the License Exceptions section to 
fix a typographical error, i.e., ``TWAS'' to ``TWTAs'';
    c. Revising the Note 2 in the Related Controls paragraph of the 
List of Items Controlled section to harmonize it with the revisions to 
the Items paragraph of this ECCN;
    d. Removing the second and third sentences in the ``Related 
Definitions'' paragraph of the List of Items Controlled section to 
harmonize it with the revisions to the Items paragraph of this ECCN;
    e. Removing paragraph 3A001.e.1.c (space qualified and radiation 
hardened photovoltaic arrays) in the ``items'' paragraph of the List of 
Items Controlled section to move controls to a more appropriate 
location in e.4, because batteries and photovoltaic devices reflect 
different technologies;
    f. Adding a new paragraph 3A001.e.4 and related technical note to 
the ``items'' paragraph in the List of Items Controlled section to 
explicitly list solar cells, cell-interconnect-coverglass (CIC) 
assemblies, solar panels, and solar arrays in order to remove any 
ambiguity in the control of these technologies.
    g. Removing ``neural network integrated circuits'' from 3A001.a.2, 
which removes the overlapping control between 3A001.a.2 and 3A001.a.9;
    h. Replacing the period with a semi-colon in 3A001.a.5.a.5 to 
correct the punctuation as part of the TFEI revisions;
    i. Adding a comma and an ``and'' to 3A001.a.6 as part of the TFEI 
revisions to clarify the meaning of the sentence;
    j. Adding single quotes around the term `field programmable logic 
devices' as part of the TFEI revisions to indicate that the definition 
for this term is located in this entry;
    k. Revising the type of note from N.B. to Technical Note after the 
Note to 3A001.a.7 to correct the type of note and to add single quotes 
around the term `field programmable logic devices' as part of the TFEI 
revisions to indicate that the definition for this term is located in 
this entry;
    l. Replacing the words ``which meets'' with ``and having'' and 
removing the word ``characteristics'' from Note 1 to 3A001.b.1 and from 
paragraph b of Note 2 to 3A001.b.1 as part of the TFEI revisions to 
clarify the entry;
    m. Replacing the words ``which meets'' with ``having'' and removing 
the word ``characteristics'' from Note 2 to 3A001.b.1 as part of the 
TFEI revisions to clarify the entry;
    n. Adding the word ``Tubes'' to 3A001.b.1.a.1 and 3A001.b.1.a.2 as 
part of the TFEI revisions to better describe the commodities;
    o. Replacing the word ``with'' with ``having'' and removing the 
word ``characteristics'' in 3A001.b.1.a.4 as part of the TFEI revisions 
to clarify the entry;
    p. Adding initial capitalization and double quotes around the term 
``Monolithic Integrated Circuit'' as part of the TFEI revisions because 
it is an acronym and a defined term in part 772;
    q. Adding the words ``solid state'' and a comma after amplifiers in 
3A001.b.4 to clarify the text, as described in the Rationale below;
    Rationale for g. through q. above: In 2003 it was agreed by the 
Wassenaar Arrangement to update the control text for microwave solid 
state amplifiers and include text for assemblies containing these 
amplifiers. The existing control text, as written, goes beyond the 
original intent to control microwave assemblies/modules containing 
solid state amplifiers and can be interpreted to control traveling wave 
tube amplifiers, which are to be controlled as described in 3A001.b.8. 
The addition of the words solid state to describe the type of 
amplifiers contained in the microwave assembly will eliminate this 
interpretation.

[[Page 60914]]

    r. Adding double quotes around the term ``fractional bandwidth'' in 
3A001.b.4.f.2 as part of the TFEI revisions, because this is a global 
definition found in part 772;
    s. Replacing the period with a semi-colon in 3A001.b.4.f.3 as part 
of the TFEI revisions to correct the punctuation;
    t. Adding an ``and'' in 3A001.b.5 as part of the TFEI revisions to 
add clarity to the sentence;
    u. Removing the words ``Mixers and'' and adding the words ``and 
harmonic mixers,'' and adding a reference to ``3A002.d'' in 3A001.b.7, 
as explained in the Rationale below;
    Rationale: As a consequence of the deletion of subparagraph 
3A001.b.6 in December 2003, there is ambiguity regarding the 
distinction between ``mixers'' ``converters'' in 3A001.b.7. Prior to 
December 2003, generic mixers as standalone components were controlled 
in then-3A001.b.6 (microwave assemblies <ls-thn-eq>31.8 GHz). As part 
of the deletion of 3A001.b.6, there was a deliberate decision to 
release controls on mixers that are standalone components. Thus, 
retention of the word ``mixers'' in 3A001.b.7 is confusing, and best 
modified with the term ``harmonic mixers,'' because such mixers are 
typically used to extend the frequency range of systems described in 
3A002.c, 3A002.d, 3A002.e, and 3A002.f.
    v. Revising the reference in 3A001.b.8 from reading ``3A001.b'' to 
read ``3A001.b.1'' to correct the reference;
    w. Adding double quotes around ``monolithic integrated circuit'', 
removing a comma, adding an ``and'', and removing the word 
``characteristics'' in 3A001.b.9 as part of the TFEI revisions to 
clarify the entry and make it clear that ``monolithic integrated 
circuit'' is a global definition in part 772 of the EAR;
    x. Adding single quotes around the term `turn-on time' in 
3A001.b.9.a and Technical Note 2 following paragraph 3A001.b.9.c.2 as 
part of the TFEI revision, because this term is defined in this entry;
    y. Adding the word ``having'' in 3A001.b.9.c and 3A001.g.2 as part 
of the TFEI revisions to clarify the entry;
    z. Removing the word ``having'' from 3A001.b.9.c.2 as part of the 
TFEI revisions to clarify the entry;
    aa. Removing the word ``control'' from Technical Note 1 following 
paragraph 3A001.b.9.c.2 as part of the TFEI revisions, because the word 
is superfluous;
    bb. Replacing a semi-colon with a comma in Technical Note 2 
following paragraph 3A001.b.9.c.2 to fix the punctuation as part of the 
TFEI revisions;
    cc. Removing commas before and after ``as follows'' in 3A001.c. to 
fix punctuation as part of TFEI revisions;
    dd. Revising the frequency from ``2.5 GHz'' to ``6 GHz'' in 
3A001.c.1.a and 3A001.c.1.b, as explained in the rationale below;
    ee. Removing the comma in 3A001.c.1.b as part of the TFEI 
revisions;
    ff. Removing a comma and adding an ``and'' in 3A001.c.1.c and 
3A001.e.3 as part of the TFEI revisions to clarify the entry;
    gg. Revising the bandwidth from ``50 MHz'' to ``100 MHz'' in 
3A001.c.1.c.3, as explained in the Rationale below;
    hh. Revising the frequency from ``1 GHz'' to ``2.5 GHz'' in 
3A001.c.2, as explained in the Rationale below;
    Rationale: Use of acoustic wave devices in civilian application is 
indeed becoming predominant between 1 and 6 GHz. However, they usually 
do not require high rejection and/or high bandwidth. Therefore, this 
rule has changed the frequency upper limit in paragraphs 3A001.c.1.a 
and 3A001.c.1.b to 6 GHz without changing bandwidth or rejection. Below 
1 GHz, there is an increasing civilian need for bandwidth of 100 MHz, 
but once again, these civilian applications do not usually require high 
rejection. Bulk acoustic wave devices above 2.5 GHz are considered 
military significant (e.g., S-band and X-band radar). Therefore this 
rule has limited the frequency extension to 2.5 GHz, allowing the 
exclusion of most of the items used only in civilian applications (2.4 
GHz and below) from control in this entry.
    ii. Adding a comma after ``materials'' and replacing ``with'' with 
``and having'' in 3A001.d as part of the TFEI revisions to clarify the 
entry;
    jj. Removing the comma in 3A001.e as part of the TFEI revisions to 
correct the punctuation of the entry;
    kk. Adding single quotes around the term `Cells' and removing the 
comma in 3A001.e.1 as part of the TFEI revisions to indicate that 
`cells' are defined in the entry and to clarify the entry;
    ll. Adding single quotes around the terms `primary cells' and 
`energy density' in 3A001.e.1.a, 3A001.e.1.b and Technical Note 1 as 
part of the TFEI revisions, because these terms are defined in the 
entry;
    mm. Adding the abbreviation of ``Ah'' for the term ``ampere-hours'' 
in Technical Note 1 after paragraph 3A001.e.1.b as part of the TFEI 
revisions to clarify the entry;
    nn. Replacing ``and'' with ``an'' in front of ``electrolyte'' in 
Technical Note 2 after paragraph 3A001.e.1.b to correct grammar as part 
of the TFEI revisions;
    oo. Removing a comma from 3A001.e.2 as part of the TFEI revisions 
to correct the punctuation in the entry;
    pp. Adding an ``and'' to 3A001.e.2.a and 3A001.e.2.b as part of the 
TFEI revisions to clarify the entry;
    qq. Adding a comma after ``solenoids'' and replacing a comma with 
``and'' in 3A001.e.3 as part of the TEFI revisions; and, replacing a 
period with a semi-colon at the end of 3A001.f.2 as part of the TEFI 
revisions;
    rr. Adding single quotes around the term `thyristor modules' and a 
comma after this term in 3A001.g as part of the TFEI revisions to 
indicate that these modules are defined in the entry, and replacing a 
comma with an ``and'' as part of the TFEI revisions to clarify the 
entry;
    ss. Correcting the numbering of the paragraphs in 3A001.g;
    tt. Adding ``having'' in 3A001.g.2 as part of the TFEI revisions to 
clarify the entry; and
    uu. Adding single quotes around the term `thyristor modules' in 
Note 2 to 3A001.g as part of the TFEI revisions to indicate that these 
modules are defined in the entry, and to clarify the entry.
    ECCN 3A002 (General purpose electronic equipment) is amended by:
    a. Revising the heading to implement the TFEI to clarify the scope 
of the entry;
    b. Revising a reference to ``3A002.g.2'' to read ``3A002.g.1'' in 
the Related Controls paragraph of the List of Items Controlled section 
to correct this paragraph reference;
    c. Removing a comma and adding an ``and'' to 3A002.a.3, 3A002.a.4, 
and 3A002.a.6, as well as removing commas from 3A002.a, as part of the 
TFEI revisions to clarify the entry;
    d. Adding single quotes around the term `continuous throughput' in 
3A002.a.5.b and 3A002.a.b.6 as part of the TFEI revisions, because it 
is a defined term within the Technical Note that follows this 
paragraph;
    e. Revising ``Technical Note'' to read ``Technical Notes'' and 
separating the technical note that follows 3A002.a.5.b into two 
separate Technical Notes and adding single quotes around `continuous 
throughput' as part of the TFEI revisions, for the purpose of clarity;
    f. Adding double quotes around ``signal analyzers'' in the Note 
that follows 3A002.b, as part of the TFEI revisions, because this is a 
global term that is defined in part 772 of the EAR;
    g. Adding a hyphen between the words ``radio'' and ``frequency'' 
and

[[Page 60915]]

removing a comma in 3A002.c, as part of the TFEI revisions to add 
clarity;
    h. Adding single quotes around the term `pulse duration' in 
3A002.d.1 to indicate this is defined within this ECCN, as part of the 
TFEI revisions;
    i. Removing ``the term'' from Note 1 after 3A002.d.4 as part of the 
TFEI revisions to remove superfluous words;
    j. Revising 3A002.g (atomic frequency standards) to make 
adjustments based on technical advancements in this area, as explained 
in the Rationale below;
    Rationale: Precision timing sources enable precision navigation and 
precision sensor array synchronization. Miniaturized precision timing 
sources are a potential enabling technology for small unmanned 
vehicles. Miniaturization has also transformed the applications for 
which rubidium standards can be used. Advances in technology have now 
made possible very small atomic clocks--which happen also to be based 
on energy state transitions of rubidium. Unfortunately, the control 
text in Category 3 did not anticipate the new technology and 
specifically exempted all so-called ``rubidium clocks'' that are not 
space-qualified from control, thus decontrolling atomic clocks and 
technology of concern. This revision to 3A002.g is intended to avoid 
capturing rubidium clocks, which are based on the older lamp-pumped 
technology, because those clocks require more power to operate. This 
revision is also intended to control emerging technology (so-called 
coherent population trapping (CPT) technique or laser-pumped gas cell 
technique) that has far more significant military applications.
    ECCN 3A229 (Firing Sets) is amended by revising the Related 
Controls paragraph to add a reference to 1E001 for ``development'' and 
``production'' technology and 1E201 for ``use'' technology.
    ECCN 3A232 (Detonators and multipoint initiation systems) is 
amended by:
    a. Redesignating Related Controls notes 1 and 2 to 2 and 3, and 
adding a new note 1 that reads ``See 1A007 for electrically driven 
explosive detonators.''; and
    b. Removing and reserving 3A232.a and all but the last sentence of 
the technical note, because electrically driven explosive detonators 
are now controlled in ECCN 1A007.
    ECCN 3B001 (Equipment for manufacturing of semiconductor devices or 
materials, and specially designed components and accessories therefore) 
is amended by:
    a. Removing a comma from the heading as part of the TFEI revisions 
to correct punctuation;
    b. Adding initial capitalization to the term `Metal Organic 
Chemical Vapor Deposition' in 3B001.a.2 as part of the TFEI revisions 
to correct format and to indicate the meaning of the acronym MOCVD;
    c. Removing a comma and adding an `and' to 3B001.b and 3B001.f.1 as 
part of the TFEI revisions to correct grammar;
    d. Adding `Chemical Vapor Deposition' in front of the acronym (CVD) 
in 3B001.d as part of the TFEI revisions to add clarity;
    e. Removing the comma after ``equipment'' in 3B001.f. as part of 
the TFEI revisions to add clarity;
    f. Removing a comma and adding an ``and'' in 3B001.f.1. as part of 
the TFEI revisions to add clarity;
    g. Adding single quotes around `minimum resolvable feature size' in 
3B001.f.1.b and in the Technical Note that follows, to indicate that 
this term is defined in the Technical Note that follows that paragraph;
    h. Revising 3B001.f.3 (equipment specially designed for mask making 
or semiconductor device processing) to clarify the scope of the 
control;
    i. Adding a comma to 3B001.g as part of the TFEI revisions, to 
correct the punctuation; and
    j. Replacing the period with a semi-colon at the end of 3B001.h as 
part of the TFEI revisions to correct the punctuation.
    ECCN 3C002 (Resist materials) is amended by:
    a. Revising the heading as part of the TFEI revisions, to clarify 
the scope of the entry; and
    b. Revising the reference to ``3C002.b through .d'' to read 
``3C002.b through .e'' in the eligibility paragraphs for License 
Exceptions GBS and CIV to reflect the new paragraph 3C002.e; and
    c. Adding a new paragraph 3C002.e to control ``all resists designed 
or optimized for use with imprint lithography equipment specified by 
3B001.f.2 that use either a thermal or photo-curable process''.
    Rationale: With the tools used for imprint lithography now being 
controlled as a result of the 2006 Wassenaar Arrangement agreements, 
for completeness, the resists materials used with these controlled 
tools are being controlled through this new paragraph 3C002.e. Resists 
for imprint lithography equipment is now controlled in the same manner 
as controls on optical lithography equipment. Resists are indispensable 
materials for the exposure process in semiconductor manufacturing. 
These semiconductors are used in many military items.
    ECCN 3C005 (Silicon carbide (SiC) wafers) is amended by revising 
the heading to add controls resulting from technical advancements and 
to make technical clarifications, as explained in the Rationale below.
    Rationale: Gallium nitride (GaN) transistors have demonstrated 
performance at power densities well beyond microwave transistors based 
on gallium arsenide (GaAs). Power levels achieved from GaN transistors 
have also exceeded by a factor of four to five those obtained from 
comparable GaAs transistors at frequencies up to 40 GHz.
    GaN substrates may also be used to produce high brightness Light-
Emitting Diodes (LEDs) and semiconductor blue laser diodes. The 
resistivity parameter (10,000 ohm-cm) of this ECCN was chosen to 
control GaN substrates and wafers used to produce microwave devices 
with significant military potential, while excluding GaN substrates and 
wafers for LED or diode production from control. Substrates for LED or 
diode production are generally lower in resistivity. Some substrates 
for commercial microwave products may be controlled under this 
revision.
    Aluminum nitride (AlN) substrates have also shown great promise as 
a substrate for the deposition of GaN epitaxial layers. They posses 
high thermal conductivity, low thermal expansion mismatch, as well as 
relatively low lattice mismatch with GaN, and have great potential for 
use in military high power microwave applications.
    It is also important to control the ingots and boules of SiC, GaN 
and AlN that have the resistivity of the wafers sliced from the ingots 
and boules. Otherwise, there would be a loop-hole in the controls. For 
this reason, ingots, boules and other preforms of those materials have 
been added to the Heading of this entry.
    This revision to ECCN 3C005 also makes a technical clarification, 
which is also applied to the new ECCN 3C006, noting that the 
resistivity parameter is a substrate resistivity measurement made at 
room temperature (20 [deg]C).
    ECCN 3C006 is added to control ``Substrates'' specified in 3C005 
with at least one epitaxial layer of silicon carbide, gallium nitride, 
aluminum nitride or aluminum gallium nitride.
    Rationale: A single layer of epitaxy that is of the same material 
as the substrate should be controlled, as this type of epitaxy (``homo-
epitaxy'') can be used to make RF devices. Presently, the CCL only 
controls epitaxy material, which is different than the substrate

[[Page 60916]]

material (``hetero-epitaxy''). The creation of ECCN 3C006 closes this 
loop-hole by controlling these substrates.
    ECCN 3D001 (Development and production software) is amended by 
changing Related Controls Notes 1 and 2 to conform to the new 3A001 
Related Controls for solar cells, cell-interconnect-coverglass (CIC) 
assemblies, solar panels, and solar arrays in order to remove any 
ambiguity in the control of these technologies.
    ECCN 3E001 (Development and production technology) is amended by:
    a. Revising the Heading to add ECCN 3A999 to the list of excluded 
ECCNs controlled by this entry, because this Wassenaar created ECCN did 
not intend to control ECCN 3A999 items;
    b. Revising the national security control text in the License 
Requirement section to add ECCN 3C006 in order to control the 
``development'' and ``production'' technology for this newly controlled 
commodity;
    c. Removing ``The term'' from the Technical Note in the Items 
paragraph of the List of Items Controlled section of 3E001, as part of 
the TFEI revisions, because these words are superfluous; and
    d. Revising Related Controls Note 2 to conform to the new 3A001 
Related Controls for solar cells, cell-interconnect-coverglass (CIC) 
assemblies, solar panels, and solar arrays in order to remove any 
ambiguity in the control of these technologies.

Category 5 Part I Telecommunications

    ECCN 5A001 (Telecommunications systems, equipment, and components) 
is amended by:
    a. Adding the words ``and accessories'' to the heading as part of 
the TFEI revisions, to more correctly state the scope of this entry;
    b. Replacing a period with a semi-colon in 5A001.a.3 as part of the 
TFEI revisions, to correct the punctuation;
    c. Revising 5A001.b.1 (underwater communications systems) by adding 
``untethered'' and by adding a new paragraph 5A001.b.1.d to control 
systems using lasers or light-emitting diodes (LEDs) because of 
technical advancements for this type of equipment;
    Rationale: The existing control text in this entry was written 
years ago and was written with regard to underwater communications 
technologies which were known at the time. New technologies have 
emerged that are not specified by the current controls but which have 
capabilities similar to, or even exceeding, those currently specified. 
The addition of paragraph 5A001.b.1.d is necessary to close the 
loophole for underwater untethered optical communications using laser 
or LED.
    d. Removing the word ``characteristics'' from 5A001.b.1, 5A001.b.2, 
5A001.b.3, and 5A001.e as a part of the TFEI revisions because it is 
superfluous;
    e. Replacing a comma with the word ``and'' in 5A001.b.3 and 
5A001.b.4 as part of the TFEI revisions to correct the grammar;
    f. Replacing ``1.0 Watt'' with ``1 W'' in the Note to 5A001.b.3 as 
a part of the TFEI revisions, because this is the standard way of 
stating such a parameter;
    g. Adding single quotes around the term `voice coding' in 5A001.b.6 
and the Technical Note that follows as a part of the TFEI revisions 
because this term is defined within the entry;
    h. Adding single quotes around the term `proof test' in 5A001.c.1 
and the Technical Note that follows as part of the TFEI revisions 
because this term is defined within the entry;
    i. Adding a comma and replacing the period with a semi-colon in 
5A001.c.2 as part of the TFEI revisions to correct the punctuation;
    j. Replacing a period with a semi-colon in 5A001.d. as part of the 
TFEI revisions to correct punctuation;
    k. Adding initial capitalization to ``Microwave Landing Systems'' 
because it is followed by the acronym (MLS) in the Note to 5A001.d and 
replacing a period with a semi-colon as part of the TFEI revisions;
    l. Adding initial capitalization to ``Line Of Bearing'' because it 
is followed by the acronym (LOB) in 5A001.e.2, and replacing the period 
with a semi-colon to correct the punctuation as part of the TFEI 
revisions;
    m. Removing the word ``cellular'' from 5A001.f to account for 
technical advancements of this equipment;
    Rationale: Manufacturers are being asked to design jamming 
equipment for satellite telephony systems that are being used in 
warfare. The systems are not specially designed for military use. This 
equipment is not currently controlled by 5A001.f. These systems are 
being used by insurgents to command and control activity in conflict 
areas. Therefore, this revision to paragraph 5A001.f is made to expand 
the scope of control to include jammers for any mobile 
telecommunications device in order to prevent the users of the 
equipment from obtaining this type of jamming device, or related 
technology used to defeat it.
    n. Replacing a comma with an ``and'' in 5A001.f as part of the TFEI 
revisions to correct the grammar;
    o. Replacing a period with a semi-colon in 5A001.f.2. as part of 
the TFEI changes to correct punctuation;
    p. Adding the acronym (PCL) after Passive Coherent Location in 
5A001.g as part of the TFEI revisions as this is a commonly used 
acronym; and
    q. Adding ``or'' in the note to 5A001.g as part of the TFEI 
revisions to correct the format.

Category 5 Part 2 ``Information Security''

    ECCN 5A002 (``Information security'' systems, equipment and 
components) is amended by:
    a. Revising the Heading, as part of the TFEI revisions to clarify 
the scope of the entry;
    b. Adding the words ``any of'' in the heading of the Note to 5A002 
as part of the TFEI revisions to clarify the heading;
    c. Adding ``having any of the following'' after the word ``cards'' 
in paragraph (a)(1) of the Note to 5A002 as part of the TFEI revisions 
to clarify the text;
    d. Replacing the reference to paragraph f with a reference to 
paragraph g in paragraph (a)(1) of the Note to 5A002 to harmonize this 
paragraph with the addition of a new paragraph g in the Note to 5A002;
    e. Adding single quotation marks around the term `money 
transactions' in paragraph d of the Note to 5A002;
    f. Replacing ``N.B.'' with ``Technical Note'' after paragraph 
5A002.d and replacing the double quotation marks with single quotation 
marks around the term `money transactions' in this Technical Note as 
part of the TFEI changes to add clarity to the text;
    g. Replacing the phrase ``that are not capable of end-to-end 
encryption'' with ``that are not capable of transmitting encrypted data 
directly to another radiotelephone or equipment (other than Radio 
Access Network (RAN) equipment), nor of passing encrypted data through 
RAN equipment (e.g., Radio Network Controller (RNC) or Base Station 
Controller (BSC))'' in paragraph e of the Note to 5A002 at the 
beginning of the items paragraph in the List of Items Controlled 
section;
    Rationale: This change in paragraph e of the Note to 5A002 
clarifies that portable handheld devices (such as 3G cellular phones) 
providing secure Web browser, e-mail and other encryption capability 
across networks such as the Internet are controlled by the Wassenaar 
Arrangement, unless they are otherwise decontrolled as `mass market' 
products

[[Page 60917]]

according to the provisions of the Cryptography Note (Note 3 of 
Category 5--Part 2). The technical language of this revised Note e 
clarifies that encrypted phone-to-server' (e.g., Internet) connections 
are treated the same as encrypted `phone-to-phone' connections. 
Meanwhile, portable handheld devices (such as 2G cellular phones) where 
encryption is limited to airlink encryption to base stations (RAN 
equipment) remain eligible for the provisions of Category 5--Part 2 
(ECCN 5A002) Note e.
    h. Adding a new paragraph g to the Note to 5A002 to exclude from 
ECCN 5A002 certain portable or mobile radiotelephones and similar 
client wireless devices for civil use, as well as adding an ``or'' to 
the end of the preceding paragraph f;
    Rationale: Paragraph g was added to 5A002 to make clear that mass 
market mobile devices that are adapted for a particular civil industry 
application, with features that do not involve any changes to the 
cryptographic functionality of the original device, are not intended to 
be controlled under ECCN 5A002. Examples of such customized products 
are CDMA/GSM/GPRS/Wi-Fi (IEEE 802.11)/Bluetooth devices for the 
transportation (including automotive parts and equipment) and service 
industries, Personal Digital Assistants (PDAs) and Pocket PCs for 
health care professionals, and wireless water/gas/electric utility 
meter readers. These customized products are not intended for retail 
sale to the general public, and therefore were not clearly excluded 
from control under previous Category 5 Part 2 text. However, the 
technical details of the original (non-customized) mass market 
platforms are not affected by such adaptations for a particular civil 
application operating over publicly accessible commercial networks.
    i. Adding initial capitalization to ``Global Navigation Satellite 
Systems'', adding the acronym (GNSS), and replacing the abbreviation 
``e.g.'' with ``i.e.'' in the Nota Bene (NB) after 5A002.a, as part of 
the TFEI revisions to clarify the entry;
    j. Adding an ``and'' in 5A002.a.1 as part of the TFEI revisions to 
clarify the entry;
    k. Adding an ``and'' and removing ``characteristics'' from 
5A002.a.6 as part of the TFEI revisions to clarify the entry; and
    l. Adding initial capitalization to ``Quantum Key Distribution'' in 
Technical Note 2 after 5A002.a.9, as part of the TFEI revisions to 
clarify the term in the entry.

Category 6 Sensors

    ECCN 6A001 (Acoustics) is amended by:
    a. Revising the Heading as part of the TFEI revisions to clarify 
the scope of the entry;
    b. Removing a comma and adding an ``and'' in 6A001.a.1.a, as part 
of the TFEI revisions for clarity;
    c. Removing the word ``Being'' in 6A001.a.1.a.1, 6A001.a.1.a.2, and 
6A001.a.1.a.3, as part of the TFEI revisions for clarity;
    d. Removing a comma and adding an ``and'' in 6A001.a.1.c, as part 
of the TFEI revisions for clarity;
    e. Adding single quotes around the term `acoustic power density' in 
6A001.a.1.c.2 and the Technical Note that follows 6A001.a.1.c.2 to 
indicate that the term is defined within the entry, as well as 
correcting unit of measurement ``Mw'' to read ``mW'', as part of the 
TFEI revisions;
    f. Adding a comma in 6A001.a.1.d, as part of the TFEI revisions;
    g. Deleting the word ``characteristics'' from 6A001.a.2.a. as part 
of the TFEI revisions;
    h. Removing the ``or'' at the end of 6A001.a.2.a.3.a, as part of 
the TFEI revisions;
    i. Adding single quotes around the terms `Piezoelectric polymer 
films', `flexible piezoelectric composites', `hydrophone sensitivity' 
in 6A001.a.2.a.3.b, 6A001.a.2.a.3.c, and 6A001.a.2.a.4, respectively, 
to indicate these terms are defined within the entry, as part of the 
TFEI revisions;
    j. Removing the word ``When'' in 6A001.a.2.a.5, as part of the TFEI 
revisions for clarity;
    k. Adding single quotes around the term `hydrophone sensitivity' in 
Technical Note 3 that follows 6A001.a.2.a.6 to indicate that the term 
is defined in the entry, as part of the TFEI revisions;
    l. Replacing double quotation marks around the phrase ``able to be 
modified'' with single quotations marks in the Technical Note after 
6A001.a.2.b.2 as part of the TFEI revisions;
    m. Replacing the double quotes with single quotes around the term 
``able to be modified'' in the technical note after a.2.b.2, because 
the term is locally defined in the ECCN;
    n. Adding a comma after the word ``systems'' in 6A001.a.2.e as part 
of the TFEI changes to add clarity to the text;
    o. Removing and reserving paragraph 6A001.a.2.b.6 as explained in 
the Rationale below;
    Rationale: Paragraph 6A001.a.2.b.6 is removed because the depth 
control of the streamer itself, combined with the control on 
hydrophones that already exist in 6A001.a.2.b.2 are robust enough to 
cover the multiplexer module depth limit.
    p. Revising ``Correlation-velocity sonar log equipment'' to read 
``Correlation-velocity and Doppler-velocity sonar log equipment'', 
adding ``as follows'' to 6A001.b, and moving the parameter ``at 
distances between the carrier and the sea bed exceeding 500 m'' from 
6A001.b to a new paragraph 6A001.b.1.a as explained in the Rationale 
below;
    q. Adding two new paragraphs: 6A001.b.1 for correlation-velocity 
sonar log equipment, and 6A001.b.2 for doppler-velocity sonar 
equipment, as well as adding 2 new exclusion notes as explained in the 
Rationale below.
    Rationale: The revision to 6A001.b and the addition of 6A001.b.1 
and 6A001.b.2 were necessary because velocity sonar logs can be either 
correlation-velocity sonar logs (CVSL) or Doppler-velocity sonar logs 
(DVSL). They are being used increasingly in both commercial and 
military underwater applications. Although the specific techniques used 
by the CVSL and DVSL are different, they both determine the horizontal 
speed of surface vessels, underwater vehicles or swimmers in both fore 
and aft and athwartship (at right angles).
    ECCN 6A005 (Lasers) is amended by:
    a. Revising the citation ``6A005.b.2, b.3, or b.4'' to read 
``6A005.a.4, b.2, b.3, b.4'' in paragraph g of the License Requirements 
Note to correct an oversight; and
    b. Revising the text in the GBS and CIV paragraphs of the License 
Exception section to match the license exception eligibility in place 
prior to the November 5, 2007 Federal Register publication of the 2006 
Wassenaar implementation regulation (72 FR 62524) and to correct an 
error.
    Rationale: Dye and liquid lasers controlled by 6A005.c.3, except 
for a pulsed single longitudinal mode oscillator having an average 
output power exceeding 1W and a repetition 1 kHz if the pulse duration 
is less than 100 ns, were eligible for License Exception GBS and CIV 
prior to the 11/05/07 publication. When ECCN 6A005 was completely 
revised in the November 5, 2007 Federal Register publication these 
lasers were inadvertently removed from being eligible for License 
Exceptions GBS and CIV. This rule corrects that error.
    ECCN 6A995 is amended by correcting the reference ``6A995.e.1.b'' 
to read ``6A995.e.2.b'' in the Note following 6A995.e.2.b.

[[Page 60918]]

Category 7 Navigation and Avionics

    ECCN 7A002 (Gyros or angular rate sensors) is amended by replacing 
the term ``drift rate'' with ``bias'' in 7A002.a and 7A002.c.1 in the 
Items paragraph of the List of Items Controlled section, as explained 
below.
    Rationale: The ``bias'' component of ``drift rate'' is the error 
term that is usually listed on the manufacturer's specification sheets. 
Although ``drift rate'', ``stability'', and ``bias'' ``stability'' are 
sometimes used interchangeably, ``bias'' ``stability'' is more often 
used on the gyro data sheet.
    ECCN 7A003 (Inertial Systems and specially designed components 
therefor) is amended by:
    a. Adding the word ``navigation'' to the listed purposes: attitude, 
guidance or control in 7A003.a and 7A003.b for clarification;
    b. Adding double quotation marks around ``Circular Error Probable'' 
and ``CEP'' in 7A003.a.1 and 7A003.b as part of the TFEI changes to 
clarify the text;
    c. Removing the Technical Note 2 at the end of 7A003, and adding 
the definition for ``Circular Error Probable (``CEP'')'' to the 
definition section 772.1 of the EAR, because this term is used in both 
7A003 and 7A008;
    d. Revising certain terms used in 7A003.c and 7A003.c.1 to more 
commonly used terms, because removed terms are not usually specified on 
data sheets;
    e. Changing the ``e'' in ``equipment'' and the ``h'' in heading 
from upper case to lower case and deleting the word ``characteristics'' 
in 7A003.c. as part of the TFEI revisions to clarify the text;
    f. Changing ``RMS'' and ``Heading'' from upper case to lower case 
in 7A003.c.1. as part of the TFEI revisions to clarify the text;
    g. Replacing the period with a semi-colon in 7A003.a.2, b., and 
c.2, as part of the TFEI revisions to correct the punctuation;
    h. Deleting the comma after ``msec'' in 7A003.c.2. as part of the 
TFEI changes to clarify the text;
    i. Revising the outline format from numeric to alphabetic and 
adding the words ``all of'' in Note 1.a, as part of the TFEI revisions 
for clarity;
    j. Replacing ``half'', ``one and a half'' and ``three'' with 
numeric notation in Note 1.a. as part of the TFEI revision for clarity;
    k. Capitalizing ``Power Spectral Density'' to signify the acronym 
``PSD'' in Note 1.a.1. as part of the TFEI revision to clarify the 
text;
    l. Replacing ``A roll and yaw rate'' with ``An angular rate 
capability about one or more axes'' in Note 1.b in Note 1 to include 
pitch, as well as roll and yaw, and to clarify that angular rate 
capability is the parameter of concern; and
    m. Replacing references to ``1'' and ``2'' with ``a'' and ``b'' in 
new sub-entry ``c'' of Note 1 to conform with the changed outline 
format as part of the TFEI revisions.
    ECCN 7A008 (Underwater sonar navigation systems) is amended:
    a. Deleting the comma and adding ``and'' after ``source'' in the 
heading as part of the TFEI changes to clarify the text;
    b. Adding double quotes around the term ``Circular Error Probable 
(``CEP'') in the heading, because this rule adds this term to section 
772.1 of the EAR;
    c. Revising ``Correlation-velocity sonar log equipment'' to read 
``Correlation-velocity and Doppler-velocity sonar log equipment'' in 
the Nota Bene to correspond with the revision in 6A001.b.1.a.

Category 9 Propulsion Systems, Space Vehicles and Related Equipment

    ECCN 9A012 (Non-military ``unmanned aerial vehicles,'' (``UAVs''), 
associated systems, equipment and components) is amended by:
    a. Adding a comma to the Heading as part of the TFEI revisions to 
correct the punctuation;
    b. Replacing a period with a semi-colon in 9A012.a.2 and 9A012.b.3, 
as part of the TFEI revisions to correct the punctuation;
    c. Adding a comma after ``components'' in 9A012.b. as part of the 
TFEI revisions to correct the punctuation; and
    d. Adding a new paragraph 9A012.b.4 for ``Air breathing 
reciprocating or rotary internal combustion type engines * * *'' as 
explained in the Rationale below.
    Rationale: Paragraph 9A012.b.4 is added because commercial and 
military UAVs are increasingly used in a wider range of application 
types and in steadily increasing numbers. As a result, UAV engine 
designs have also broadened to include reciprocating systems. Modern 
reciprocating engine technology including use of turbochargers can 
enable UAVs to reach altitudes exceeding 60,000 feet.
    ECCN 9E003 (Other ``technology'') is amended by:
    a. Removing a comma in the Heading, as part of the TFEI revisions 
to correct the punctuation;
    b. Adding a comma and an ``and'' in 9E003.a.1, as part of the TFEI 
revisions for clarity;
    c. Replacing a period with a semi-colon in 9E003.a.3.c, as part of 
the TFEI revisions to correct the punctuation;
    d. Adding ``total (stagnation)'' and ``at sea-level static take-off 
(ISA) in a `steady state mode' of engine operation'' to 9E003.a.4 and 
9E003.a.5 for clarification, as well as adding a Technical Note to 
define the term `steady state mode' within the ECCN;
    e. Adding a comma in 9E003.b.2 as part of the TFEI revisions to 
correct the punctuation;
    f. Adding the term ``Electo-Chemical Machining'' and parentheticals 
around the acronym ``ECM'', and adding the term ``Electrical Discharge 
Machines'' and parentheticals around the acronym ``EDM'' in 9E003.c, as 
part of the TFEI revisions to clarify the entry and the related term;
    g. Deleting the term ``sets of characteristics'' and adding single 
quotes around the term `Incidence angles' in 9E003.c.1.c and 
9E003.c.2.c, as part of the TFEI revisions, because it is defined 
within the entry's Technical Note that follows 9E003.c.2.c;
    h. Removing the article ``A'' and adding single quotes around the 
term `Box volume' in 9E003.e.1 and 9E003.e.3, as part of the TFEI 
revisions for clarity and to indicate the term is defined within the 
entry;
    i. Adding single quotes around the term `Box volume', and replacing 
a colon with the word ``is'' in the Technical Note that follows 
9E003.e.3, as part of the TFEI revisions for clarity and to indicate 
that `Box volume' is defined within the entry;
    j. Adding the words ``any of'' to the width and height statements 
in the Technical Note that follows 9E003.e.3, as part of the TFEI 
revisions for clarity;
    k. Adding a comma and the words ``as follows'' in 9E003.f, as part 
of the TFEI revisions for clarity;
    l. Adding the word ``and'' in 9E003.f.2, as part of the TFEI 
revisions for clarity;
    m. Deleting a comma and removing the article ``A'' in 9E003.f.2.b, 
as part of the TFEI revisions for clarity;
    n. Replacing a comma with an ``and'' and replacing the word 
``both'' with ``all'' in 9E003.f.3, as part of the TFEI revisions for 
clarity;
    o. Moving the words ``Specially designed'' from in front of the 
phrase ``electronic control features'' to behind this phrase in 
9E003.f.3.b, as part of the TFEI revisions to clarify the scope of the 
control;
    p. Adding single quotes around the term `high output diesel 
engines', replacing a comma with an ``and'', and replacing a period 
with a semi-colon in 9E003.g, as part of the TFEI revisions to indicate 
the term is defined in the entry and to correct the punctuation; and

[[Page 60919]]

    q. Adding a Technical Note after 9E003.g that defines `high output 
diesel engines' within the entry to conform to the Wassenaar Dual-Use 
List.

Part 740 ``License Exceptions''

    Supplement No. 1 to Section 740.11 ``License Exception GOV'' is 
amended by making minor editorial revisions, such as removing text and 
inserting ``consisting of'' and ``controlled by'' as clarifying text 
under paragraph (a)(1)(i), that conform to the Wassenaar Arrangement 
edits on the Very Sensitive List.

Definitions in Part 772

    Section 772.1 is amended by:
    a. Revising the definition of the term ``Bias'' (accelerometer), as 
set forth below;
    b. Adding in alphabetical order the term ``Bias'' (gyro), as set 
forth below;
    Rationale: The ``bias'' component of ``drift rate'' is the error 
term that is usually listed on the manufacturer's specification sheets. 
Although ``drift rate'' ``stability'' and ``bias'' ``stability'' are 
sometimes used interchangeably, ``bias'' ``stability'' is more often 
used on the gyro data sheet. ``Bias'' ``stability'' is a more 
appropriate control parameter for gyros.
    c. Adding in alphabetical order the term ``Circular Error 
Probable'' (``CEP''), because this term is found in both 7A003 and 
7A008, as set forth below;
    d. Adding after ``compound rotary table'' the new term ``III/V 
compounds'', as set forth below; and
    e. Removing the term ``Drift rate'' (gyro), because this term is 
replaced by the new ``bias'' (gyro) definition, see rationale above.
    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.

Saving Clause

    Shipments of items removed from license exception eligibility or 
eligibility for export or reexport without a license as a result of 
this regulatory action that were on dock for loading, on lighter, laden 
aboard an exporting or reexporting carrier, or en route aboard a 
carrier to a port of export or reexport, on October 14, 2008, pursuant 
to actual orders for export or reexport to a foreign destination, may 
proceed to that destination under the previous license exception 
eligibility or without a license so long as they have been exported 
from the United States or reexported before December 15, 2008. Any such 
items not actually exported or reexported before midnight, on December 
15, 2008, require a license in accordance with this regulation.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information subject to the 
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.) (PRA), unless that collection of information displays a currently 
valid Office of Management and Budget (OMB) Control Number. This rule 
involves two collections of information subject to the PRA. One of the 
collections has been approved by OMB under control number 0694 0088, 
``Multi Purpose Application,'' and carries a burden hour estimate of 58 
minutes for a manual or electronic submission. The other of the 
collections has been approved by OMB under control number 0694 0106, 
``Reporting and Recordkeeping Requirements under the Wassenaar 
Arrangement,'' and carries a burden hour estimate of 21 minutes for a 
manual or electronic submission. Send comments regarding these burden 
estimates or any other aspect of these collections of information, 
including suggestions for reducing the burden, to Jasmeet Seehra, OMB 
Desk Officer, by e-mail at <a href="/cdn-cgi/l/email-protection#95ffe6f0f0fde7f4d5faf8f7bbf0fae5bbf2fae3"><span class="__cf_email__" data-cfemail="b3d9c0d6d6dbc1d2f3dcded19dd6dcc39dd4dcc5">[email protected]</span></a> or by fax to (202) 395-
7285; and to the Office of Administration, Bureau of Industry and 
Security, Department of Commerce, 14th and Pennsylvania Avenue, NW., 
Room 6622, Washington, DC 20230.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under Executive Order 13132.
    4. This rule is exempt for the provisions of the Administrative 
Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking 
and opportunity for public comment pursuant to 5 U.S.C. 553(a)(1) 
because this regulation involves a military and foreign affairs 
function of the United States. No other law requires that a notice of 
proposed rulemaking and an opportunity for public comment be given for 
this final rule. Accordingly, the analytical requirements of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable, 
so no regulatory flexibility analysis is required and none has been 
prepared. Therefore, this regulation is issued in final form. Although 
there is no formal comment period, public comments on this regulation 
are welcome on a continuing basis. Comments should be submitted to the 
Regulatory Policy Division, Bureau of Industry and Security, Department 
of Commerce, 14th & Pennsylvania Ave., NW., Room 2705, Washington, DC 
20230.

List of Subjects

15 CFR Part 740

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

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

0
Accordingly, Parts 740, 772 and 774 of the Export Administration 
Regulations (15 CFR Parts 730-774) are amended as follows:

PART 740--[AMENDED]

0
1. The authority citations for Part 740 continue to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., 
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 
of July 23, 2008, 73 FR 43603 (July 25, 2008).


0
2. Supplement No. 1 to Sec.  740.11 is amended by revising paragraph 
(a)(1)(i) to read as follows:


Sec.  740.11  Governments, international organization, and 
international inspections under the chemical weapons convention (GOV).

* * * * *

Supplement No. 1 to Sec.  740.11--Additional Restrictions on use of 
License Exception GOV

    (a) * * *
    (1) * * *
    (i) ``Composite'' structures or laminates controlled by 1A002.a, 
consisting of an organic ``matrix'' and materials controlled by 1C010.c 
or 1C010.d; and
* * * * *

PART 772--[AMENDED]

0
3. The authority citations for Part 772 continue to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of July 
23, 2008, 73 FR 43603 (July 25, 2008).


[[Page 60920]]



0
4. Section 772.1 is amended by:
0
a. Revising the definition of the term ``Bias (accelerometer) '', as 
set forth below;
0
b. Adding in alphabetical order the term ``Bias (gyro)'', as set forth 
below;
0
c. Adding in alphabetical order the term ``Circular Error Probable'' 
(``CEP''), as set forth below;
0
d. Adding after ``compound rotary table'' the new term ``III/V 
compounds'', as set forth below; and
0
e. Removing the term ``Drift rate (gyro)''.


Sec.  772.1  Definitions of Terms as Used in the Export Administration 
Regulations (EAR).

* * * * *
    ``Bias''. (accelerometer) (Cat 7) The average over a specified time 
of accelerometer output measured at specified operating conditions that 
has no correlation with input acceleration or rotation. ``Bias'' is 
expressed in [m/s\2\, g]. (IEEE Std 528-2001) (Micro g equals 1 x 
10<SUP>-</SUP>\6\ g).
    ``Bias''. (gyro) (Cat 7) The average over a specified time of gyro 
output measured at specified operating conditions that has no 
correlation with input rotation or acceleration. ``Bias'' is typically 
expressed in degrees per hour (deg/hr). (IEEE Std 528-2001).
* * * * *
    ``Circular Error Probable'' (``CEP''). (Cat 7) In a circular normal 
distribution, the radius of the circle containing 50 percent of the 
individual measurements being made, or the radius of the circle within 
which there is a 50 percent probability of being located.
* * * * *
    ``III/V compounds''. (Cat 3 and 6) Polycrystalline or binary or 
complex monocrystalline products consisting of elements of groups IIIA 
and VA of Mendeleyev's periodic classification table (e.g., gallium 
arsenide, gallium-aluminum arsenide, indium phosphide).
* * * * *

PART 774--[AMENDED]

0
5. The authority citations for Part 774 continue 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]

0
6. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export 
Control Classification Number (ECCN) 1A004 is amended by revising the 
Related Definitions and Items paragraphs in the List of Items 
Controlled section, to read as follows:

1A004 Protective and detection equipment and components not specially 
designed for military use as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: (1) ``adapted for use in war'' means: Any 
modification or selection (such as altering purity, shelf life, 
virulence, dissemination characteristics, or resistance to UV 
radiation) designed to increase the effectiveness in producing 
casualties in humans or animals, degrading equipment or damaging 
crops or the environment. (2) ``Riot control agents'' are substances 
which, under the expected conditions of use for riot control 
purposes, produce rapidly in humans sensory irritation or disabling 
physical effects which disappear within a short time following 
termination of exposure. (Tear gases are a subset of ``riot control 
agents''.)
    Items:
    a. Gas masks, filter canisters and decontamination equipment 
therefor, designed or modified for defense against any of the 
following, and specially designed components therefor:
    1. Biological agents ``adapted for use in war'';
    2. Radioactive materials ``adapted for use in war'';
    3. Chemical warfare (CW) agents; or
    4. ``Riot control agents'', as follows:
    a. Bromobenzeneacetonitrile, (Bromobenzyl cyanide) (CA) (CAS 
5798-79-8);
    b. [(2-chlorophenyl) methylene] propanedinitrile, (o-
Chlorobenzylidenemalononitrile) (CS) (CAS 2698-41-1);
    c. 2-Chloro-1-phenylethanone, Phenylacyl chloride (-
chloroacetophenone) (CN) (CAS 532-27-4);
    d. Dibenz-(b,f)-1,4-oxazephine, (CR) (CAS 257-07-8);
    e. 10-Chloro-5,10-dihydrophenarsazine, (Phenarsazine chloride), 
(Adamsite), (DM) (CAS 578-94-9);
    f. N-Nonanoylmorpholine, (MPA) (CAS 5299-64-9);
    b. Protective suits, gloves and shoes, specially designed or 
modified for defense against any of the following:
    1. Biological agents ``adapted for use in war'';
    2. Radioactive materials ``adapted for use in war''; or
    3. Chemical warfare (CW) agents;
    c. Nuclear, biological and chemical (NBC) detection systems, 
specially designed or modified for detection or identification of 
any of the following, and specially designed components therefor:
    1. Biological agents ``adapted for use in war'';
    2. Radioactive materials ``adapted for use in war''; or
    3. Chemical warfare (CW) agents.
    Note: 1A004 does not control:
    a. Personal radiation monitoring dosimeters;
    b. Equipment limited by design or function to protect against 
hazards specific to civil industries, such as mining, quarrying, 
agriculture, pharmaceuticals, medical, veterinary, environmental, 
waste management, or to the food industry.
    Technical Notes
    1. ECCN 1A004 includes equipment and components that have been 
identified, successfully tested to national standards or otherwise 
proven effective, for the detection of or defense against 
radioactive materials ``adapted for use in war'', biological agents 
``adapted for use in war'', chemical warfare agents, ``simulants'' 
or ``riot control agents'', even if such equipment or components are 
used in civil industries such as mining, quarrying, agriculture, 
pharmaceuticals, medical, veterinary, environmental, waste 
management, or the food industry.
    2. ``Simulant'': A substance or material that is used in place 
of toxic agent (chemical or biological) in training, research, 
testing or evaluation.

0
7. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export 
Control Classification Number (ECCN) 1A006 is added after 1A005, to 
read as follows:

1A006 Equipment, specially designed or modified for the disposal of 
improvised explosive devices, as follows (see List of Items 
Controlled), and specially designed components and accessories 
therefor.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
                Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to entire entry...............  NS Column 2.
AT applies to entire entry...............  AT Column 1.
------------------------------------------------------------------------

    License Requirement Note: 1A006 does not apply to equipment when 
accompanying its operator.

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: Equipment specially designed for military use 
for the disposal of improvised explosive devices is subject to the 
export licensing jurisdiction of the Department of State, 
Directorate of Defense Trade Controls (see 22 CFR part 121, Category 
IV).
    Related Definitions: `Disruptors'--Devices specially designed 
for the purpose of

[[Page 60921]]

preventing the operation of an explosive device by projecting a 
liquid, solid or frangible projectile.
    Items:
    a. Remotely operated vehicles;
    b. `Disruptors'.


0
8. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export 
Control Classification Number (ECCN) 1A007 is added after 1A006, to 
read as follows:

1A007 Equipment and devices, specially designed to initiate charges and 
devices containing energetic materials, by electrical means, as follows 
(see List of Items Controlled).

License Requirements

    Reason for Control: NS, NP, AT

------------------------------------------------------------------------
                Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to entire entry...............  NS Column 2.
NP applies to 1A007.b, as well as 1A007.a  NP Column 1.
 when the detonator firing set meets or
 exceeds the parameters of 3A229.
AT applies to entire entry...............  AT Column 1.
------------------------------------------------------------------------

    License Requirement Note: 1A007 does not apply to equipment when 
accompanying its operator.

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: High explosives and related equipment 
specially designed for military use is subject to the export 
licensing jurisdiction of the Department of State, Directorate of 
Defense Trade Controls (see 22 CFR part 121). This entry does not 
control detonators using only primary explosives, such as lead 
azide. See also 3A229. See 1E001 for ``development'' and 
``production'' technology controls, and 1E201 for ``use'' technology 
controls.
    Related Definitions: N/A
    Items:
    a. Explosive detonator firing sets designed to drive explosive 
detonators specified by 1A007.b;
    b. Electrically driven explosive detonators as follows:
    b.1. Exploding bridge (EB);
    b.2. Exploding bridge wire (EBW);
    b.3. Slapper;
    b.4. Exploding foil initiators (EFI).
    Technical Notes
    1. The word initiator or igniter is sometimes used in place of 
the word detonator.
    2. For the purpose of 1A007.b the detonators of concern all 
utilize a small electrical conductor (bridge, bridge wire, or foil) 
that explosively vaporizes when a fast, high-current electrical 
pulse is passed through it. In nonslapper types, the exploding 
conductor starts a chemical detonation in a contacting high 
explosive material such as PETN (pentaerythritoltetranitrate). In 
slapper detonators, the explosive vaporization of the electrical 
conductor drives a flyer or slapper across a gap, and the impact of 
the slapper on an explosive starts a chemical detonation. The 
slapper in some designs is driven by magnetic force. The term 
exploding foil detonator may refer to either an EB or a slapper-type 
detonator. Also, the word initiator is sometimes used in place of 
the word detonator.


0
9. 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 
Heading and the NS Column 1 and the NP paragraph of the License 
Requirements section, to read as follows:


1E001 ``Technology'' according to the General Technology Note for the 
``development'' or ``production'' of items controlled by 1A001.b, 
1A001.c, 1A002, 1A003, 1A004, 1A005, 1A006, 1A007, 1A101, 1B (except 
1B999), or 1C (except 1C355, 1C980 to 1C984, 1C988, 1C990, 1C991, 
1C992, 1C995 to 1C999).

License Requirements

* * * * *

------------------------------------------------------------------------
                Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to ``technology'' for items     NS Column 1.
 controlled by 1A001.b and .c, 1A002,
 1A003, 1A005, 1A006, 1A007, 1B001 to
 1B003, 1B018, 1C001 to 1C011, or 1C018.
 
                                * * * * *
NP applies to ``technology'' for items     NP Column 1.
 controlled by 1A002, 1A007, 1B001,
 1B101, 1B201, 1B225 to 1B233, 1C002,
 1C010, 1C116, 1C202, 1C210, 1C216, 1C225
 to 1C240 for NP reasons.
------------------------------------------------------------------------

* * * * *

0
10. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export 
Control Classification Number (ECCN) 1E201 is amended by revising the 
Heading and the NP paragraph of the License Requirements section, to 
read as follows:

1E201 ``Technology'' according to the General Technology Note for the 
``use'' of items controlled by 1A002, 1A007, 1A202, 1A225 to 1A227, 
1B201, 1B225 to 1B232, 1B233.b, 1C002.a.2.c or .d, 1C010.a, 1C010.b, 
1C010.e.1, 1C202, 1C210, 1C216, 1C225 to 1C240 or 1D201.

License Requirements

* * * * *

------------------------------------------------------------------------
                Control(s)                         Country Chart
------------------------------------------------------------------------
NP applies to entire entry, for items      NP Column 1.
 controlled for NP reasons.
------------------------------------------------------------------------

* * * * *

0
11. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
2 Materials Processing, Group B Test, Inspection and Production 
Equipment, technical notes for 2B001 to 2B009 are amended by revising 
Notes 5 and 6 to read as follows:

B. Test, Inspection and Production Equipment

Technical Notes for 2B001 to 2B009:

* * * * *
    5. The positioning accuracy of ``numerically controlled'' 
machine tools is to be determined and presented in accordance with 
ISO 230/2 (1988).
    6. `Stated positioning accuracy' levels derived from 
measurements made according to ISO 230/2 (1988) may be used for each 
specific machine model as an alternative to individual machine 
tests. `Stated positioning accuracy' means the accuracy value 
provided to BIS as representative of the accuracy of a specific 
machine model.
    Determination of `Stated Positioning Accuracy'
    a. Select five machines of a model to be evaluated;
    b. Measure the linear axis accuracies according to ISO 230/2 
(1988);
    c. Determine the A-values for each axis of each machine. The 
method of calculating the A-value is described in the ISO standard;
    d. Determine the mean value of the A-value of each axis. This 
mean value A becomes the stated value of each axis for the model (Ax 
Ay * * *);
    e. Since the Category 2 list refers to each linear axis there 
will be as many stated values as there are linear axes;
    f. If any axis of a machine model not controlled by 2B001.a. to 
2B001.c. has a stated accuracy A of 6 microns for grinding machines 
and 8 microns for milling and turning machines or better, the 
builder should be required to reaffirm the accuracy level once every 
eighteen months.

* * * * *

0
12. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
2 Materials Processing, Export Control Classification Number (ECCN) 
2B001 is amended by revising the Heading, and the Related Controls and 
Items

[[Page 60922]]

paragraph in the List of Items Controlled section to read as follows:

2B001 Machine tools and any combination thereof, for removing (or 
cutting) metals, ceramics or ``composites'', which, according to the 
manufacturer's technical specifications, can be equipped with 
electronic devices for ``numerical control''; and specially designed 
components as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: (1) See ECCN 2B002 for optical finishing 
machines. (2) See ECCNs 2D001 and 2D002 for software for items 
controlled under this entry. (3) See ECCNs 2E001 (``development''), 
2E002 (``production''), and 2E201 (``use'') for technology for items 
controlled under this entry. (4) Also see ECCNs 2B201, 2B290, and 
2B991.
    Related Definitions: * * *
    Items:

    Note 1:
    2B001 does not control special purpose machine tools limited to 
the manufacture of gears. For such machines, see 2B003.


    Note 2:
    2B001 does not control special purpose machine tools limited to 
the manufacture of any of the following:
    a. Crank shafts or cam shafts;
    b. Tools or cutters;
    c. Extruder worms; or
    d. Engraved or faceted jewellery parts.


    Note 3:
    A machine tool having at least two of the three turning, milling 
or grinding capabilities (e.g., a turning machine with milling 
capability), must be evaluated against each applicable entry 
2B001.a., b. or c.

    a. Machine tools for turning having all of the following:
    a.1. Positioning accuracy with ``all compensations available'' 
of less (better) than 6 [mu]m along any linear axis; and
    a.2. Two or more axes which can be coordinated simultaneously 
for ``contouring control'';

    Note:
    2B001.a does not control turning machines specially designed for 
producing contact lenses, having all of the following:
    a. Machine controller limited to using ophthalmic based software 
for part programming data input; and
    b. No vacuum chucking.

    b. Machine tools for milling having any of the following:
    b.1. Having all of the following:
    b.1.a. Positioning accuracy with ``all compensations available'' 
of less (better) than 6 [mu]m along any linear axis; and
    b.1.b. Three linear axes plus one rotary axis which can be 
coordinated simultaneously for ``contouring control'';
    b.2. Five or more axes which can be coordinated simultaneously 
for ``contouring control'';
    b.3. A positioning accuracy for jig boring machines, with ``all 
compensations available'', of less (better) than 4 [mu]m along any 
linear axis; or
    b.4. Fly cutting machines having all of the following:
    b.4.a. Spindle ``run-out'' and ``camming'' less (better) than 
0.0004 mm TIR; and
    b.4.b. Angular deviation of slide movement (yaw, pitch and roll) 
less (better) than 2 seconds of arc, TIR, over 300 mm of travel.
    c. Machine tools for grinding having any of the following:
    c.1. Having all of the following:
    c.1.a. Positioning accuracy with ``all compensations available'' 
of less (better) than 4 [mu]m along any linear axis; and
    c.1.b. Three or more axes which can be coordinated 
simultaneously for ``contouring control''; or
    c.2. Five or more axes which can be coordinated simultaneously 
for ``contouring control'';

    Notes:
    2B001.c does not control grinding machines, as follows:
    a. Cylindrical external, internal, and external-internal 
grinding machines, having all of the following:
    1. Limited to cylindrical grinding; and
    2. Limited to a maximum workpiece capacity of 150 mm outside 
diameter or length.
    b. Machines designed specifically as jig grinders that do not 
have a z-axis or a w-axis, with a positioning accuracy with ``all 
compensations available'' less (better) than 4 [mu]m.
    c. Surface grinders.

    d. Electrical discharge machines (EDM) of the non-wire type 
which have two or more rotary axes which can be coordinated 
simultaneously for ``contouring control'';
    e. Machine tools for removing metals, ceramics or 
``composites'', having all of the following:
    e.1. Removing material by means of any of the following:
    e.1.a. Water or other liquid jets, including those employing 
abrasive additives;
    e.1.b. Electron beam; or
    e.1.c. ``Laser'' beam; and
    e.2. Having two or more rotary axes and all of the following:
    e.2.a. Can be coordinated simultaneously for ``contouring 
control''; and
    e.2.b. A positioning accuracy of less (better) than 0.003[deg];
    f. Deep-hole-drilling machines and turning machines modified for 
deep-hole-drilling, having a maximum depth-of-bore capability 
exceeding 5 m and specially designed components therefor.


0
13. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
2 Materials Processing, Export Control Classification Number (ECCN) 
2B002 is amended by revising the Heading, and the Related Definitions 
and Items paragraphs in the List of Items Controlled section to read as 
follows:

2B002 Numerically controlled optical finishing machine tools equipped 
for selective material removal to produce non-spherical optical 
surfaces having all of the following characteristics (See List of Items 
Controlled).

* * * * *

List of Items Controlled

* * * * *
    Related Definitions: For the purposes of 2B002, `MRF' is a 
material removal process using an abrasive magnetic fluid whose 
viscosity is controlled by a magnetic field. `ERF' is a removal 
process using an abrasive fluid whose viscosity is controlled by an 
electric field. `Energetic particle beam finishing' uses Reactive 
Atom Plasmas (RAP) or ion-beams to selectively remove material. 
`Inflatable membrane tool finishing' is a process that uses a 
pressurized membrane that deforms to contact the workpiece over a 
small area.`Fluid jet finishing' makes use of a fluid stream for 
material removal.
    Items:
    a. Finishing the form to less (better) than 1.0 [mu]m;
    b. Finishing to a roughness less (better) than 100 nm rms;
    c. Four or more axes which can be coordinated simultaneously for 
``contouring control''; and
    d. Using any of the following processes:
    d.1. `Magnetorheological finishing (MRF)';
    d.2. `Electrorheological finishing (ERF)';
    d.3. `Energetic particle beam finishing';
    d.4. `Inflatable membrane tool finishing'; or
    d.5. `Fluid jet finishing'.


0
14. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
2 Materials Processing, Export Control Classification Number (ECCN) 
2B006 is amended by revising the NP paragraph in the License 
Requirements section and the Items paragraph of the List of Items 
Controlled section to read as follows:

2B006 Dimensional inspection or measuring systems, equipment, and 
``electronic assemblies'', as follows (see List of Items Controlled).

License Requirements

* * * * *

------------------------------------------------------------------------
                Control(s)                         Country Chart
------------------------------------------------------------------------
 
                                * * * * *
NP applies to 2B006.a and .b, except       NP Column 1.
 2B006.b.1.d.
------------------------------------------------------------------------


    Note: NP applies to measuring systems in 2B006.b.1.c that 
maintain, for at least 12 hours, over a temperature range of <plus-
minus>1 K around a standard temperature and at a standard pressure, 
all of the following: a ``resolution'' over their full scale of 0.1 
[mu]m or less (better); and a ``measurement uncertainty'' equal to 
or less (better) than (0.2 + L/2,000) [mu]m (L is the measured 
length in mm).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Computer controlled or ``numerically controlled'' co-ordinate 
measuring machines (CMM), having a three dimensional length 
(volumetric) maximum permissible error of indication (MPEE) at any 
point within the operating range of the machine (i.e., within the 
length of axes) equal to or less (better)

[[Page 60923]]

than (1.7 + L/1,000) [mu]m (L is the measured length in mm) tested 
according to ISO 10360-2 (2001);
    b. Linear and angular displacement measuring instruments, as 
follows:
    b.1. `Linear displacement' measuring instruments having any of 
the following:

    Technical Note:
    For the purpose of 2B006.b.1 `linear displacement' means the 
change of distance between the measuring probe and the measured 
object.

    b.1.a. Non-contact type measuring systems with a ``resolution'' 
equal to or less (better) than 0.2 [mu]m within a measuring range up 
to 0.2 mm;
    b.1.b. Linear voltage differential transformer systems having 
all of the following:
    b.1.b.1. ``Linearity'' equal to or less (better) than 0.1% 
within a measuring range up to 5 mm; and
    b.1.b.2. Drift equal to or less (better) than 0.1% per day at a 
standard ambient test room temperature <plus-minus>1 K;
    b.1.c. Measuring systems having all of the following:
    b.1.c.1. Containing a ``laser''; and
    b.1.c.2. Maintaining, for at least 12 hours, at a temperature of 
20 <plus-minus> 1 [deg]C, all of the following:
    b.1.c.2.a. A ``resolution'' over their full scale of 0.1 [mu]m 
or less (better); and
    b.1.c.2.b. Capable of achieving a ``measurement uncertainty'', 
when compensated for the refractive index of air, equal to or less 
(better) than (0.2 + L/2,000) [mu]m (L is the measured length in 
mm); or
    b.1.d ``Electronic assemblies'' specially designed to provide 
feedback capability in systems controlled by 2B006.b.1.c;

    Note:
    2B006.b.1 does not control measuring interferometer systems, 
with an automatic control system that is designed to use no feedback 
techniques, containing a ``laser'' to measure slide movement errors 
of machine-tools, dimensional inspection machines or similar 
equipment.

    b.2. Angular displacement measuring instruments having an 
``angular position deviation'' equal to or less (better) than 
0.00025[deg];

    Note:
    2B006.b.2 does not control optical instruments, such as 
autocollimators, using collimated light (e.g., laser light) to 
detect angular displacement of a mirror.

    c. Equipment for measuring surface irregularities, by measuring 
optical scatter as a function of angle, with a sensitivity of 0.5 nm 
or less (better).

    Note:
    Machine tools, which can be used as measuring machines, are 
controlled if they meet or exceed the criteria specified for the 
machine tool function or the measuring machine function.



0
15. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
2 Materials Processing, Export Control Classification Number (ECCN) 
2B007 is amended by revising the NP paragraph in the License 
Requirements section and the Items paragraph of the List of Items 
Controlled section to read as follows:

2B007 ``Robots'' having any of the following characteristics described 
in the List of Items Controlled and specially designed controllers and 
``end-effectors'' therefor.

License Requirements

* * * * *

------------------------------------------------------------------------
                Control(s)                         Country Chart
------------------------------------------------------------------------
NP applies to equipment that meets or      NP Column 1.
 exceeds the criteria in ECCNs 2B207.
 * * * * *
------------------------------------------------------------------------

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Capable in real time of full three-dimensional image 
processing or full three-dimensional `scene analysis' to generate or 
modify ``programs'' or to generate or modify numerical program data;

    Technical Note:
    The `scene analysis' limitation does not include approximation 
of the third dimension by viewing at a given angle, or limited grey 
scale interpretation for the perception of depth or texture for the 
approved tasks (2\1/2\ D).

    b. Specially designed to comply with national safety standards 
applicable to potentially explosive munitions environments;

    Note: 2B007.b does not apply to ``robots'' specially designed 
for paint-spraying booths.

    c. Specially designed or rated as radiation-hardened to 
withstand a total radiation dose greater than 5 x 10\3\ Gy (silicon) 
without operational degradation; or

    Technical Note:
    The term Gy (silicon) refers to the energy in Joules per 
kilogram absorbed by an unshielded silicon sample when exposed to 
ionizing radiation.

    d. Specially designed to operate at altitudes exceeding 30,000m.


0
16. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
2 Materials Processing, Export Control Classification Number (ECCN) 
2B008 is amended by revising the Items paragraph in the List of Items 
Controlled section to read as follows:

2B008 Assemblies or units, specially designed for machine tools, or 
dimensional inspection or measuring systems and equipment, as follows 
(see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Linear position feedback units (e.g., inductive type devices, 
graduated scales, infrared systems or ``laser'' systems) having an 
overall ``accuracy'' less (better) than (800 + (600 x L x 
10<SUP>-3</SUP>)) nm (L equals the effective length in mm);
    N.B.: For ``laser'' systems see also 2B006.b.1.c and d.
    b. Rotary position feedback units (e.g., inductive type devices, 
graduated scales, infrared systems or ``laser'' systems) having an 
``accuracy'' less (better) than 0.00025[deg];
    N.B.: For ``laser'' systems see also 2B006.b.2.
    c. ``Compound rotary tables'' and ``tilting spindles'', capable 
of upgrading, according to the manufacturer's specifications, 
machine tools to or above the levels controlled by 2B001 to 2B009.


0
17. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3 Electronics, Export Control Classification Number (ECCN) 
3A001 is amended by:
0
a. Revising the Heading;
0
b. Revising the GBS paragraph of the License Exceptions section;
0
c. Revising the Related Controls paragraph of the List of Items 
Controlled section;
0
d. Removing the second sentence of the ``Related Definitions'' 
paragraph of the List of Items Controlled section; and
0
e. Revising the Items paragraph in the List of Items Controlled 
section, to read as follows:

3A001 Electronic components and specially designed components therefor, 
as follows (see List of Items Controlled).

* * * * *

License Exceptions

    LVS: * * *
    GBS: Yes for 3A001.a.1.b, a.2 to a.12 (except .a.5.a when 
controlled for MT), b.2, b.8 (except for TWTAs exceeding 18 GHz), 
b.9., and .g.
    CIV: * * *

List of Items Controlled

* * * * *
    Unit: Number.* * *
    Related Controls: (1) The following commodities are under the 
export licensing authority of the Department of State, Directorate 
of Defense Trade Controls (22 CFR part 121) when ``space qualified'' 
and operating at frequencies higher than 31.8 GHz: helix tubes 
(traveling wave tubes (TWT)) defined in 3A001.b.1.a.4.c; microwave 
solid state amplifiers defined in 3A001.b.4.b traveling wave tube 
amplifiers (TWTA) defined in 3A001.b.8; and derivatives thereof; (2) 
The following commodities are also under the export licensing 
authority of the Department of State, Directorate of Defense Trade 
Controls (22 CFR part 121): (a) ``Space qualified'' solar cells, 
coverglass-interconnect-cells or covered-interconnect-cells (CIC) 
assemblies, solar arrays and/or solar panels, with a minimum average 
efficiency of 31% or greater measured at an operating temperature of 
301 K (28 [deg]C) under simulated `AM0' illumination with an 
irradiance of 1,367 Watts per square meter (W/m\2\), and associated 
solar concentrators, power conditioners and/or controllers, bearing 
and power transfer assemblies, and deployment

[[Page 60924]]

hardware/systems; (b) Radiation-hardened microelectronic circuits 
controlled by Category XV (d) of the United States Munitions List 
(USML); and (c) All specifically designed or modified systems or 
subsystems, components, parts, accessories, attachments, and 
associated equipment controlled by Category XV (e) of the USML. See 
also 3A101, 3A201, and 3A991.
* * * * *
    Items:
    a. General purpose integrated circuits, as follows:

    Note 1:
    The control status of wafers (finished or unfinished), in which 
the function has been determined, is to be evaluated against the 
parameters of 3A001.a.


    Note 2:
    Integrated circuits include the following types:

    ``Monolithic integrated circuits'';
    ``Hybrid integrated circuits'';
    ``Multichip integrated circuits'';
    ``Film type integrated circuits'', including silicon-on-sapphire 
integrated circuits;
    ``Optical integrated circuits''.

    a.1. Integrated circuits designed or rated as radiation hardened 
to withstand any of the following:
    a.1.a. A total dose of 5 x 10\3\ Gy (Si), or higher;
    a.1.b. A dose rate upset of 5 x 10\6\ Gy (Si)/s, or higher; or
    a.1.c. A fluence (integrated flux) of neutrons (1 MeV 
equivalent) of 5 x 10\13\ n/cm\2\ or higher on silicon, or its 
equivalent for other materials;

    Note:
    3A001.a.1.c does not apply to Metal Insulator Semiconductors 
(MIS).

    a.2. ``Microprocessor microcircuits'', ``microcomputer 
microcircuits'', microcontroller microcircuits, storage integrated 
circuits manufactured from a compound semiconductor, analog-to-
digital converters, digital-to-analog converters, electro-optical or 
``optical integrated circuits'' designed for ``signal processing'', 
field programmable logic devices, custom integrated circuits for 
which either the function is unknown or the control status of the 
equipment in which the integrated circuit will be used is unknown, 
Fast Fourier Transform (FFT) processors, electrical erasable 
programmable read-only memories (EEPROMs), flash memories or static 
random-access memories (SRAMs), having any of the following:
    a.2.a. Rated for operation at an ambient temperature above 398 K 
(125 [deg]C);
    a.2.b. Rated for operation at an ambient temperature below 218 K 
(-55 [deg]C); or
    a.2.c. Rated for operation over the entire ambient temperature 
range from 218 K (-55 [deg]C) to 398 K (125 [deg]C);

    Note:
    3A001.a.2 does not apply to integrated circuits for civil 
automobile or railway train applications.

    a.3. ``Microprocessor microcircuits'', ``microcomputer 
microcircuits'' and microcontroller microcircuits, manufactured from 
a compound semiconductor and operating at a clock frequency 
exceeding 40 MHz;

    Note:
    3A001.a.3 includes digital signal processors, digital array 
processors and digital coprocessors.

    a.4. Storage integrated circuits manufactured from a compound 
semiconductor;
    a.5. Analog-to-digital and digital-to-analog converter 
integrated circuits, as follows:
    a.5.a. Analog-to-digital converters having any of the following:
    a.5.a.1. A resolution of 8 bit or more, but less than 10 bit, 
with an output rate greater than 500 million words per second;
    a.5.a.2. A resolution of 10 bit or more, but less than 12 bit, 
with an output rate greater than 200 million words per second;
    a.5.a.3. A resolution of 12 bit with an output rate greater than 
105 million words per second;
    a.5.a.4. A resolution of more than 12 bit but equal to or less 
than 14 bit with an output rate greater than 10 million words per 
second; or
    a.5.a.5. A resolution of more than 14 bit with an output rate 
greater than 2.5 million words per second;
    a.5.b. Digital-to-analog converters with a resolution of 12 bit 
or more and a ``settling time'' of less than 10 ns;

    Technical Notes:
    1. A resolution of n bit corresponds to a quantization of 2n 
levels.
    2. The number of bits in the output word is equal to the 
resolution of the analog-to-digital converter.
    3. The output rate is the maximum output rate of the converter, 
regardless of architecture or oversampling. Vendors may also refer 
to the output rate as sampling rate, conversion rate or throughput 
rate. It is often specified in megahertz (MHz) or mega samples per 
second (MSPS).
    4. For the purpose of measuring output rate, one output word per 
second is equivalent to one Hertz or one sample per second.

    a.6. Electro-optical and ``optical integrated circuits'', 
designed for ``signal processing'' and having all of the following:
    a.6.a. One or more than one internal ``laser'' diode;
    a.6.b. One or more than one internal light detecting element; 
and
    a.6.c. Optical waveguides;
    a.7. `Field programmable logic devices' having any of the 
following:
    a.7.a. An equivalent usable gate count of more than 30,000 (2 
input gates);
    a.7.b. A typical ``basic gate propagation delay time'' of less 
than 0.1 ns; or
    a.7.c. A toggle frequency exceeding 133 MHz;

    Note:
    3A001.a.7 includes:


--Simple Programmable Logic Devices (SPLDs),
--Complex Programmable Logic Devices (CPLDs),
--Field Programmable Gate Arrays (FPGAs),
--Field Programmable Logic Arrays (FPLAs), and
--Field Programmable Interconnects (FPICs).

    Technical Note:
    `Field programmable logic devices' are also known as field 
programmable gate or field programmable logic arrays.

    a.8. [Reserved]
    a.9. Neural network integrated circuits;
    a.10. Custom integrated circuits for which the function is 
unknown, or the control status of the equipment in which the 
integrated circuits will be used is unknown to the manufacturer, 
having any of the following:
    a.10.a. More than 1,000 terminals;
    a.10.b. A typical ``basic gate propagation delay time'' of less 
than 0.1 ns; or
    a.10.c. An operating frequency exceeding 3 GHz;
    a.11. Digital integrated circuits, other than those described in 
3A001.a.3 to 3A001.a.10 and 3A001.a.12, based upon any compound 
semiconductor and having any of the following:
    a.11.a. An equivalent gate count of more than 3,000 (2 input 
gates); or
    a.11.b. A toggle frequency exceeding 1.2 GHz;
    a.12. Fast Fourier Transform (FFT) processors having a rated 
execution time for an N-point complex FFT of less than (N 
log<INF>2</INF> N)/20,480 ms, where N is the number of points;

    Technical Note:
    When N is equal to 1,024 points, the formula in 3A001.a.12 gives 
an execution time of 500 [mu]s.

    b. Microwave or millimeter wave components, as follows:
    b.1. Electronic vacuum tubes and cathodes, as follows:

    Note 1:
    3A001.b.1 does not control tubes designed or rated for operation 
in any frequency band and having all of the following:

    a. Does not exceed 31.8 GHz; and
    b. Is ``allocated by the ITU'' for radio-communications 
services, but not for radio-determination.


    Note 2:
    3A001.b.1 does not control non-``space-qualified'' tubes having 
all the following:

    (a) An average output power equal to or less than 50 W; and
    (b) Designed or rated for operation in any frequency band and 
having all of the following:
    (1) Exceeds 31.8 GHz but does not exceed 43.5 GHz; and
    (2) Is ``allocated by the ITU'' for radio-communications 
services, but not for radio-determination.

    b.1.a. Traveling wave tubes, pulsed or continuous wave, as 
follows:
    b.1.a.1. Tubes operating at frequencies exceeding 31.8 GHz;
    b.1.a.2. Tubes having a cathode heater element with a turn on 
time to rated RF power of less than 3 seconds;
    b.1.a.3. Coupled cavity tubes, or derivatives thereof, with a 
``fractional bandwidth'' of more than 7% or a peak power exceeding 
2.5 kW;
    b.1.a.4. Helix tubes, or derivatives thereof, having any of the 
following:
    b.1.a.4.a. An ``instantaneous bandwidth'' of more than one 
octave, and average power (expressed in kW) times frequency 
(expressed in GHz) of more than 0.5;
    b.1.a.4.b. An ``instantaneous bandwidth'' of one octave or less, 
and average power (expressed in kW) times frequency (expressed in 
GHz) of more than 1; or

[[Page 60925]]

    b.1.a.4.c. Being ``space qualified'';
    b.1.b. Crossed-field amplifier tubes with a gain of more than 17 
dB;
    b.1.c. Impregnated cathodes designed for electronic tubes 
producing a continuous emission current density at rated operating 
conditions exceeding 5 A/cm\2\;
    b.2. Microwave ``Monolithic Integrated Circuits'' (MMIC) power 
amplifiers having any of the following:
    b.2.a. Rated for operation at frequencies exceeding 3.2 GHz up 
to and including 6 GHz and with an average output power greater than 
4W (36 dBm) with a ``fractional bandwidth'' greater than 15%;
    b.2.b. Rated for operation at frequencies exceeding 6 GHz up to 
and including 16 GHz and with an average output power greater than 
1W (30 dBm) with a ``fractional bandwidth'' greater than 10%;
    b.2.c. Rated for operation at frequencies exceeding 16 GHz up to 
and including 31.8 GHz and with an average output power greater than 
0.8W (29 dBm) with a ``fractional bandwidth'' greater than 10%;
    b.2.d. Rated for operation at frequencies exceeding 31.8 GHz up 
to and including 37.5 GHz;
    b.2.e. Rated for operation at frequencies exceeding 37.5 GHz up 
to and including 43.5 GHz and with an average output power greater 
than 0.25W (24 dBm) with a ``fractional bandwidth'' greater than 
10%; or
    b.2.f. Rated for operation at frequencies exceeding 43.5 GHz.

    Note 1:
    3A001.b.2 does not control broadcast satellite equipment 
designed or rated to operate in the frequency range of 40.5 to 42.5 
GHz.


    Note 2:
    The control status of the MMIC whose rated operating frequency 
includes frequencies listed in more than one frequency range, as 
defined by 3A001.b.2.a through 3A001.b.2.f, is determined by the 
lowest average output power control threshold.


    Note 3:
    Notes 1 and 2 following the Category 3 heading for A. Systems, 
Equipment, and Components mean that 3A001.b.2. does not control 
MMICs if they are specially designed for other applications, e.g., 
telecommunications, radar, automobiles.

    b.3. Discrete microwave transistors having any of the following:
    b.3.a. Rated for operation at frequencies exceeding 3.2 GHz up 
to and including 6 GHz and having an average output power greater 
than 60W (47.8 dBm);
    b.3.b. Rated for operation at frequencies exceeding 6 GHz up to 
and including 31.8 GHz and having an average output power greater 
than 20W (43 dBm);
    b.3.c. Rated for operation at frequencies exceeding 31.8 GHz up 
to and including 37.5 GHz and having an average output power greater 
than 0.5W (27 dBm);
    b.3.d. Rated for operation at frequencies exceeding 37.5 GHz up 
to and including 43.5 GHz and having an average output power greater 
than 1W (30 dBm); or
    b.3.e. Rated for operation at frequencies exceeding 43.5 GHz;

    Note:
    The control status of a transistor whose rated operating 
frequency includes frequencies listed in more than one frequency 
range, as defined by 3A001.b.3.a through 3A001.b.3.e, is determined 
by the lowest average output power control threshold.

    b.4. Microwave solid state amplifiers and microwave assemblies/
modules containing microwave solid state amplifiers, having any of 
the following:
    b.4.a. Rated for operation at frequencies exceeding 3.2 GHz up 
to and including 6 GHz and with an average output power greater than 
60W (47.8 dBm) with a ``fractional bandwidth'' greater than 15%;
    b.4.b. Rated for operation at frequencies exceeding 6 GHz up to 
and including 31.8 GHz and with an average output power greater than 
15W (42 dBm) with a ``fractional bandwidth'' greater than 10%;
    b.4.c. Rated for operation at frequencies exceeding 31.8 GHz up 
to and including 37.5 GHz;
    b.4.d. Rated for operation at frequencies exceeding 37.5 GHz up 
to and including 43.5 GHz and with an average output power greater 
than 1W (30 dBm) with a ``fractional bandwidth'' greater than 10%;
    b.4.e. Rated for operation at frequencies exceeding 43.5 GHz; or
    b.4.f. Rated for operation at frequencies above 3.2 GHz and all 
of the following:
    b.4.f.1. An average output power (in watts), P, greater than 150 
divided by the maximum operating frequency (in GHz) squared [P > 150 
W*GHz\2\/f<INF>GHz</INF>\2\];
    b.4.f.2. A ``fractional bandwidth'' of 5% or greater; and
    b.4.f.3. Any two sides perpendicular to one another with length 
d (in cm) equal to or less than 15 divided by the lowest operating 
frequency in GHz [d <= 15 cm*GHz/ f<INF>GHz</INF>];

    Technical Note:
    3.2 GHz should be used as the lowest operating frequency (fGHz) 
in the formula 3A001.b.4.f.3., for amplifiers that have a rated 
operation range extending downward to 3.2 GHz and below [d <= 15 
cm*GHz/3.2 fGHz].

    N.B.: MMIC power amplifiers should be evaluated against the 
criteria in 3A001.b.2.

    Note 1:
    3A001.b.4. does not control broadcast satellite equipment 
designed or rated to operate in the frequency range of 40.5 to 42.5 
GHz.


    Note 2:
    The control status of an item whose rated operating frequency 
includes frequencies listed in more than one frequency range, as 
defined by 3A001.b.4.a through 3A001.b.4.e, is determined by the 
lowest average output power control threshold.

    b.5. Electronically or magnetically tunable band-pass or band-
stop filters, having more than 5 tunable resonators capable of 
tuning across a 1.5:1 frequency band (f<INF>max</INF>/
f<INF>min</INF>) in less than 10 [mu]s and having any of the 
following:
    b.5.a. A band-pass bandwidth of more than 0.5% of center 
frequency; or
    b.5.b. A band-stop bandwidth of less than 0.5% of center 
frequency;
    b.6. [Reserved]
    b.7. Converters and harmonic mixers, designed to extend the 
frequency range of equipment described in 3A002.c, 3A002.d, 3A002.e 
or 3A002.f beyond the limits stated therein;
    b.8. Microwave power amplifiers containing tubes controlled by 
3A001.b.1 and having all of the following:
    b.8.a. Operating frequencies above 3 GHz;
    b.8.b. An average output power density exceeding 80 W/kg; and
    b.8.c. A volume of less than 400 cm\3\;

    Note:
    3A001.b.8 does not control equipment designed or rated for 
operation in any frequency band which is ``allocated by the ITU'' 
for radio-communications services, but not for radio-determination.

    b.9. Microwave power modules (MPM), consisting of, at least, a 
traveling wave tube, a microwave ``monolithic integrated circuit'' 
and an integrated electronic power conditioner and having all of the 
following:
    b.9.a. A `turn-on time' from off to fully operational in less 
than 10 seconds;
    b.9.b. A volume less than the maximum rated power in Watts 
multiplied by 10 cm<SUP>3</SUP>/W; and
    b.9.c. An ``instantaneous bandwidth'' greater than 1 octave 
(f<INF>max</INF>. > 2f<INF>min</INF>,) and having any of the 
following:
    b.9.c.1. For frequencies equal to or less than 18 GHz, an RF 
output power greater than 100 W; or
    b.9.c.2. A frequency greater than 18 GHz;

    Technical Notes:

    1. To calculate the volume in 3A001.b.9.b., the following 
example is provided: for a maximum rated power of 20 W, the volume 
would be: 20 W x 10 cm\3\/W = 200 cm\3\.
    2. The `turn-on time' in 3A001.b.9.a. refers to the time from 
fully-off to fully operational, i.e., it includes the warm-up time 
of the MPM.

    c. Acoustic wave devices as follows and specially designed 
components therefor:
    c.1. Surface acoustic wave and surface skimming (shallow bulk) 
acoustic wave devices (i.e., ``signal processing'' devices employing 
elastic waves in materials), having any of the following:
    c.1.a. A carrier frequency exceeding 6 GHz;
    c.1.b. A carrier frequency exceeding 1 GHz, but not exceeding 6 
GHz and having any of the following:
    c.1.b.1. A frequency side-lobe rejection exceeding 55 dB;
    c.1.b.2. A product of the maximum delay time and the bandwidth 
(time in [mu]s and bandwidth in MHz) of more than 100;
    c.1.b.3. A bandwidth greater than 250 MHz; or
    c.1.b.4. A dispersive delay of more than 10 [mu]s; or
    c.1.c. A carrier frequency of 1 GHz or less and having any of 
the following:
    c.1.c.1. A product of the maximum delay time and the bandwidth 
(time in [mu]s and bandwidth in MHz) of more than 100;
    c.1.c.2. A dispersive delay of more than 10 [mu]s; or
    c.1.c.3. A frequency side-lobe rejection exceeding 55 dB and a 
bandwidth greater than 100 MHz;
    c.2. Bulk (volume) acoustic wave devices (i.e., ``signal 
processing'' devices employing elastic waves) that permit the direct 
processing of signals at frequencies exceeding 2.5 GHz;
    c.3. Acoustic-optic ``signal processing'' devices employing 
interaction between acoustic waves (bulk wave or surface wave) and 
light waves that permit the direct processing of signals or images, 
including spectral analysis, correlation or convolution;

[[Page 60926]]

    d. Electronic devices and circuits containing components, 
manufactured from ``superconductive'' materials, specially designed 
for operation at temperatures below the ``critical temperature'' of 
at least one of the ``superconductive'' constituents and having any 
of the following:
    d.1. Current switching for digital circuits using 
``superconductive'' gates with a product of delay time per gate (in 
seconds) and power dissipation per gate (in watts) of less than 
10<SUP>-14</SUP> J; or
    d.2. Frequency selection at all frequencies using resonant 
circuits with Q-values exceeding 10,000;
    e. High energy devices as follows:
    e.1. `Cells' and photovoltaic arrays as follows:
    e.1.a. `Primary cells' having an `energy density' exceeding 550 
Wh/kg at 293 K (20 [deg]C);
    e.1.b. Secondary cells having an `energy density' exceeding 250 
Wh/kg at 293 K (20 [deg]C);

    Technical Notes:

    1. For the purpose of 3A001.e.1., `energy density' (Wh/kg) is 
calculated from the nominal voltage multiplied by the nominal 
capacity in ampere-hours (Ah) divided by the mass in kilograms. If 
the nominal capacity is not stated, energy density is calculated 
from the nominal voltage squared then multiplied by the discharge 
duration in hours divided by the discharge load in Ohms and the mass 
in kilograms.
    2. For the purpose of 3A001.e.1., a `cell' is defined as an 
electrochemical device, which has positive and negative electrodes, 
an electrolyte, and is a source of electrical energy. It is the 
basic building block of a battery.
    3. For the purpose of 3A001.e.1.a., a `primary cell' is a `cell' 
that is not designed to be charged by any other source.
    4. For the purpose of 3A001.e.1.b., a `secondary cell' is a 
`cell' that is designed to be charged by an external electrical 
source.


    Note:
    3A001.e. does not control batteries, including single-cell 
batteries.

    e.2. High energy storage capacitors as follows:
    e.2.a. Capacitors with a repetition rate of less than 10 Hz 
(single shot capacitors) and having all of the following:
    e.2.a.1. A voltage rating equal to or more than 5 kV;
    e.2.a.2. An energy density equal to or more than 250 J/kg; and
    e.2.a.3. A total energy equal to or more than 25 kJ;
    e.2.b. Capacitors with a repetition rate of 10 Hz or more 
(repetition rated capacitors) and having all of the following:
    e.2.b.1. A voltage rating equal to or more than 5 kV;
    e.2.b.2. An energy density equal to or more than 50 J/kg;
    e.2.b.3. A total energy equal to or more than 100 J; and
    e.2.b.4. A charge/discharge cycle life equal to or more than 
10,000;
    e.3. ``Superconductive'' electromagnets and solenoids, specially 
designed to be fully charged or discharged in less than one second 
and having all of the following:

    Note:
    3A001.e.3 does not control ``superconductive'' electromagnets or 
solenoids specially designed for Magnetic Resonance Imaging (MRI) 
medical equipment.

    e.3.a. Energy delivered during the discharge exceeding 10 kJ in 
the first second;
    e.3.b. Inner diameter of the current carrying windings of more 
than 250 mm; and
    e.3.c. Rated for a magnetic induction of more than 8 T or 
``overall current density'' in the winding of more than 300 A/
mm<SUP>2</SUP>;
    e.4. Solar cells, cell-interconnect-coverglass (CIC) assemblies, 
solar panels, and solar arrays, which are ``space qualified,'' 
having a minimum average efficiency exceeding 20% at an operating 
temperature of 301 K (28 [deg]C) under simulated `AM0' illumination 
with an irradiance of 1,367 Watts per square meter (W/
m<SUP>2</SUP>).

    Technical Note:
    `AM0', or `Air Mass Zero', refers to the spectral irradiance of 
sun light in the earth's outer atmosphere when the distance between 
the earth and sun is one astronomical unit (AU).

    f. Rotary input type shaft absolute position encoders having any 
of the following:
    f.1. A resolution of better than 1 part in 265,000 (18 bit 
resolution) of full scale; or
    f.2. An accuracy better than <plus-minus> 2.5 seconds of arc;
    g. Solid-state pulsed power switching thyristor devices and 
`thyristor modules', using either electrically, optically, or 
electron radiation controlled switch methods and having any of the 
following:
    g.1. A maximum turn-on current rate of rise (di/dt) greater than 
30,000 A/[mu]s and off-state voltage greater than 1,100 V; or
    g.2. A maximum turn-on current rate of rise (di/dt) greater than 
2,000 A/[mu]s and having all of the following:
    g.2.a. An off-state peak voltage equal to or greater than 3,000 
V; and
    g.2.b. A peak (surge) current equal to or greater than 3,000 A.

    Note 1:
    3A001.g. includes:


--Silicon Controlled Rectifiers (SCRs)
--Electrical Triggering Thyristors (ETTs)
--Light Triggering Thyristors (LTTs)
--Integrated Gate Commutated Thyristors (IGCTs)
--Gate Turn-off Thyristors (GTOs)
--MOS Controlled Thyristors (MCTs)
--Solidtrons

    Note 2:
    3A001.g. does not control thyristor devices and `thyristor 
modules' incorporated into equipment designed for civil railway or 
``civil aircraft'' applications.



0
18. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3 Electronics, Export Control Classification Number (ECCN) 
3A002 is amended by revising the Heading, and the Related Controls and 
Items paragraphs in the List of Items Controlled section, to read as 
follows:

3A002 General purpose electronic equipment and accessories therefor, as 
follows (see List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: ``Space qualified'' atomic frequency standards 
defined in 3A002.g.1 are subject to the export licensing authority 
of the Department of State, Directorate of Defense Trade Controls 
(22 CFR part 121.1, Category XV). See also 3A292 and 3A992.
    Related Definitions: * * *
    Items:
    a. Recording equipment as follows and specially designed test 
tape therefor:
    a.1. Analog instrumentation magnetic tape recorders, including 
those permitting the recording of digital signals (e.g., using a 
high density digital recording (HDDR) module), having any of the 
following:
    a.1.a. A bandwidth exceeding 4 MHz per electronic channel or 
track;
    a.1.b. A bandwidth exceeding 2 MHz per electronic channel or 
track and having more than 42 tracks; or
    a.1.c. A time displacement (base) error, measured in accordance 
with applicable IRIG or EIA documents, of less than <plus-minus> 0.1 
[mu]s;

    Note:
    Analog magnetic tape recorders specially designed for civilian 
video purposes are not considered to be instrumentation tape 
recorders.

    a. 2. Digital video magnetic tape recorders having a maximum 
digital interface transfer rate exceeding 360 Mbit/s;

    Note:
    3A002.a.2 does not control digital video magnetic tape recorders 
specially designed for television recording using a signal format, 
which may include a compressed signal format, standardized or 
recommended by the ITU, the IEC, the SMPTE, the EBU , the ETSI, or 
the IEEE for civil television applications.

    a.3. Digital instrumentation magnetic tape data recorders 
employing helical scan techniques or fixed head techniques and 
having any of the following:
    a.3.a. A maximum digital interface transfer rate exceeding 175 
Mbit/s; or
    a.3.b. Being ``space qualified'';

    Note:
    3A002.a.3 does not control analog magnetic tape recorders 
equipped with HDDR conversion electronics and configured to record 
only digital data.

    a.4. Equipment having a maximum digital interface transfer rate 
exceeding 175 Mbit/s and designed to convert digital video magnetic 
tape recorders for use as digital instrumentation data recorders;
    a.5. Waveform digitizers and transient recorders, having all of 
the following:
    N.B.: See also 3A292.
    a.5.a. Digitizing rates equal to or more than 200 million 
samples per second and a resolution of 10 bits or more; and
    a.5.b. A `continuous throughput' of 2 Gbit/s or more;

    Technical Notes:


    1. For those instruments with a parallel bus architecture, the 
`continuous throughput' rate is the highest word rate multiplied by 
the number of bits in a word.
    2. `Continuous throughput' is the fastest data rate the 
instrument can output to mass storage without the loss of any 
information while sustaining the sampling rate and analog-to-digital 
conversion.


[[Page 60927]]


    a.6. Digital instrumentation data recorders, using magnetic disk 
storage technique and having all of the following:
    a.6.a. Digitizing rate equal to or more than 100 million samples 
per second and a resolution of 8 bits or more; and
    a.6.b. A `continuous throughput' of 1 Gbit/s or more;
    b. ``Frequency synthesizer'' ``electronic assemblies'' having a 
``frequency switching time'' from one selected frequency to another 
of less than 1 ms;

    Note:
    The control status of ``signal analyzers'', signal generators, 
network analyzers, and microwave test receivers as stand-alone 
instruments is determined by 3A002.c., 3A002.d., 3A002.e., and 
3A002.f., respectively.

    c. Radio-frequency ``signal analyzers'' as follows:
    c.1. ``Signal analyzers'' capable of analyzing any frequencies 
exceeding 31.8 GHz but not exceeding 37.5 GHz and having a 3 dB 
resolution bandwidth (RBW) exceeding 10 MHz;
    c.2. ``Signal analyzers'' capable of analyzing frequencies 
exceeding 43.5 GHz;
    c.3. ``Dynamic signal analyzers'' having a ``real-time 
bandwidth'' exceeding 500 kHz;

    Note:
    3A002.c.3 does not control those ``dynamic signal analyzers'' 
using only constant percentage bandwidth filters (also known as 
octave or fractional octave filters).

    d. Frequency synthesized signal generators producing output 
frequencies, the accuracy and short term and long term stability of 
which are controlled, derived from or disciplined by the internal 
master reference oscillator, and having any of the following:
    d.1. A maximum synthesized frequency exceeding 31.8 GHz, but not 
exceeding 43.5 GHz and rated to generate a `pulse duration' of less 
than 100 ns;
    d.2. A maximum synthesized frequency exceeding 43.5 GHz;
    d.3. A ``frequency switching time'' from one selected frequency 
to another as specified by any of the following:
    d.3.a. Less than 10 ns;
    d.3.b. Less than 100 [mu]s for any frequency change exceeding 
1.6 GHz within the synthesized frequency range exceeding 3.2 GHz but 
not exceeding 10.6 GHz;
    d.3.c. Less than 250 [mu]s for any frequency change exceeding 
550 MHz within the synthesized frequency range exceeding 10.6 GHz 
but not exceeding 31.8 GHz;
    d.3.d. Less than 500 [mu]s for any frequency change exceeding 
550 MHz within the synthesized frequency range exceeding 31.8 GHz 
but not exceeding 43.5 GHz; or
    d.3.e. Less than 1 ms within the synthesized frequency range 
exceeding 43.5 GHz; or
    d.4. A single sideband (SSB) phase noise better than - (126 + 20 
log <INF>10</INF>F)- 20 log <INF>10</INF>f) in dBc/Hz, where F is 
the off-set from the operating frequency in Hz and f is the 
operating frequency in MHz;

    Note 1:
    For the purpose of 3A002.d., frequency synthesized signal 
generators includes arbitrary waveform and function generators.


    Note 2:
    3A002.d. does not control equipment in which the output 
frequency is either produced by the addition or subtraction of two 
or more crystal oscillator frequencies, or by an addition or 
subtraction followed by a multiplication of the result.


    Technical Notes:

    1. Arbitrary waveform and function generators are normally 
specified by sample rate (e.g., GSample/s), which is converted to 
the RF domain by the Nyquist factor of two. Thus, a 1 GSample/s 
arbitrary waveform has a direct output capability of 500 MHz. Or, 
when oversampling is used, the maximum direct output capability is 
proportionately lower.
    2. For the purposes of 3A002.d.1., `pulse duration' is defined 
as the time interval between the leading edge of the pulse achieving 
90% of the peak and the trailing edge of the pulse achieving 10% of 
the peak.


    Note:
    3A002.d does not control equipment in which the output frequency 
is either produced by the addition or subtraction of two or more 
crystal oscillator frequencies, or by an addition or subtraction 
followed by a multiplication of the result.

    e. Network analyzers with a maximum operating frequency 
exceeding 43.5 GHz;
    f. Microwave test receivers having all of the following:
    f.1. A maximum operating frequency exceeding 43.5 GHz; and
    f.2. Being capable of measuring amplitude and phase 
simultaneously;
    g. Atomic frequency standards being any of the following:
    g.1. ``Space qualified'';
    g.2. Non-rubidium and having a long-term stability less (better) 
than 1 x 10<SUP>-11</SUP>/month; or
    g.3. Non-''space qualified'' and having all of the following:
    g.3.a. Being a rubidium standard;
    g.3.b. Long-term stability less (better) than 1 x 
10<SUP>-</SUP>\11\/month; and
    g.3.c. Total power consumption of less than 1 Watt.


0
19. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3 Electronics, Export Control Classification Number (ECCN) 
3A229 is amended by revising the Related Controls paragraph, to read as 
follows:

3A229 Firing sets and equivalent high-current pulse generators (for 
detonators controlled by 3A232), as follows (see List of Items 
Controlled).

* * * * *

List of Items Controlled

* * * * *
    Related Controls: (1) See ECCNs 3E001 and 1E001(''development'' 
and ``production'') and 3E201 and 1E201 (``use'') for technology for 
items controlled under this entry. (2) High explosives and related 
equipment for military use are subject to the export licensing 
authority of the U.S. Department of State, Directorate of Defense 
Trade Controls (see 22 CFR part 121).
* * * * *


0
20. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3 Electronics, Export Control Classification Number (ECCN) 
3A232 is amended by revising the Related Controls and Items paragraphs 
in the List of Items Controlled section, to read as follows:

3A232 Detonators and multipoint initiation systems, as follows (see 
List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Related Controls: (1) See 1A007 for electrically driven 
explosive detonators. (2) See ECCNs 3E001 (``development'' and 
``production'') and 3E201 (``use'') for technology for items 
controlled under this entry. (3) High explosives and related 
equipment for military use are subject to the export licensing 
authority of the U.S. Department of State, Directorate of Defense 
Trade Controls (see 22 CFR part 121).
* * * * *
    Items:
    a. [Reserved]
    b. Arrangements using single or multiple detonators designed to 
nearly simultaneously initiate an explosive surface over an area 
greater than 5,000 mm\2\ from a single firing signal with an 
initiation timing spread over the surface of less than 2.5 [mu]s.

    Technical Note:
    The word initiator is sometimes used in place of the word 
detonator.



0
21. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3 Electronics, Export Control Classification Number (ECCN) 
3A991 amended by adding a new paragraph (o) to the Items paragraph in 
the List of Items Controlled section, to read as follows:

3A991 Electronic devices and components not controlled by 3A001.

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    o. Solar cells, cell-interconnect-coverglass (CIC) assemblies, 
solar panels, and solar arrays, which are ``space qualified'' and 
not controlled by 3A001.e.4.


0
22. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3 Electronics, Export Control Classification Number (ECCN) 
3B001 is amended by revising the Heading and the Items paragraph in the 
List of Items Controlled section, to read as follows:

3B001 Equipment for the manufacturing of semiconductor devices or 
materials, as follows (see List of Items Controlled) and specially 
designed components and accessories therefor.

* * * * *

[[Page 60928]]

List of Items Controlled

* * * * *
    Items:
    a. Equipment designed for epitaxial growth as follows:
    a.1. Equipment capable of producing a layer of any material 
other than silicon with a thickness uniform to less than <plus-
minus>2.5% across a distance of 75 mm or more;
    a.2. Metal Organic Chemical Vapor Deposition (MOCVD) reactors 
specially designed for compound semiconductor crystal growth by the 
chemical reaction between materials controlled by 3C003 or 3C004;
    a.3. Molecular beam epitaxial growth equipment using gas or 
solid sources;
    b. Equipment designed for ion implantation and having any of the 
following:
    b.1. A beam energy (accelerating voltage) exceeding 1MeV;
    b.2. Being specially designed and optimized to operate at a beam 
energy (accelerating voltage) of less than 2 keV;
    b.3. Direct write capability; or
    b.4. A beam energy of 65 keV or more and a beam current of 45 mA 
or more for high energy oxygen implant into a heated semiconductor 
material ``substrate'';
    c. Anisotropic plasma dry etching equipment as follows:
    c.1. Equipment with cassette-to-cassette operation and load-
locks, and having any of the following:
    c.1.a. Designed or optimized to produce critical dimensions of 
180 nm or less with <plus-minus>5% 3 sigma precision; or
    c.1.b. Designed for generating less than 0.04 particles/cm\2\ 
with a measurable particle size greater than 0.1 [mu]m in diameter;
    c.2. Equipment specially designed for equipment controlled by 
3B001.e. and having any of the following:
    c.2.a. Designed or optimized to produce critical dimensions of 
180 nm or less with <plus-minus>5% 3 sigma precision; or
    c.2.b. Designed for generating less than 0.04 particles/cm\2\ 
with a measurable particle size greater than 0.1 [mu]m in diameter;
    d. Plasma enhanced Chemical Vapor Deposition (CVD) equipment as 
follows:
    d.1. Equipment with cassette-to-cassette operation and load-
locks, and designed according to the manufacturer's specifications 
or optimized for use in the production of semiconductor devices with 
critical dimensions of 180 nm or less;
    d.2. Equipment specially designed for equipment controlled by 
3B001.e. and designed according to the manufacturer's specifications 
or optimized for use in the production of semiconductor devices with 
critical dimensions of 180 nm or less;
    e. Automatic loading multi-chamber central wafer handling 
systems having all of the following:
    e.1. Interfaces for wafer input and output, to which more than 
two pieces of semiconductor processing equipment are to be 
connected; and
    e.2. Designed to form an integrated system in a vacuum 
environment for sequential multiple wafer processing;

    Note:
    3B001.e. does not control automatic robotic wafer handling 
systems not designed to operate in a vacuum environment.

    f. Lithography equipment as follows:
    f.1. Align and expose step and repeat (direct step on wafer) or 
step and scan (scanner) equipment for wafer processing using photo-
optical or X-ray methods and having any of the following:
    f.1.a. A light source wavelength shorter than 245 nm; or
    f.1.b. Capable of producing a pattern with a `minimum resolvable 
feature size' of 180 nm or less;

    Technical Note:
    The `minimum resolvable feature size' is calculated by the 
following formula:

[GRAPHIC] [TIFF OMITTED] TR14OC08.055

Where the K factor = 0.45
MRF = `minimum resolvable feature size'.

    f.2 Imprint lithography equipment capable of production features 
of 180 nm or less;

    Note: 3B001.f.2 includes:

--Micro contact printing tools
--Hot embossing tools
--Nano-imprint lithography tools
--Step and flash imprint lithography (S-FIL) tools.

    f.3. Equipment specially designed for mask making or 
semiconductor device processing using direct writing methods and 
having all of the following:
    f.3.a. Using deflected focused electron beam, ion beam or 
``laser'' beam; and
    f.3.b. Having any of the following:
    f.3.b.1. A spot size smaller than 0.2 [mu]m;
    f.3.b.2. Being capable of producing a pattern with a feature 
size of less than 1 [mu]m; or
    f.3.b.3. An overlay accuracy of better than <plus-minus>0.20 
[mu]m (3 sigma);
    g. Masks and reticles, designed for integrated circuits 
controlled by 3A001;
    h. Multi-layer masks with a phase shift layer;

    Note:
    3B001.h. does not control multi-layer masks with a phase shift 
layer designed for the fabrication of memory devices not controlled 
by 3A001.

    i. Imprint lithography templates designed for integrated 
circuits by 3A001.


0
23. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3 Electronics, Export Control Classification Number (ECCN) 
3C002 is amended by:
0
a. Revising the Heading;
0
b. Revising the GBS and CIV paragraphs in the License Exception 
section; and
0
c. Replacing the semicolon with a period at the end of paragraph d; and
0
d. Adding paragraph e to the Items paragraph in the List of Items 
Controlled section, to read as follows:

3C002 Resist materials as follows (see List of Items Controlled) and 
``substrates'' coated with the following resists.

* * * * *

License Exceptions

* * * * *
    GBS: Yes for positive resists not optimized for photolithography 
at a wavelength of less than 365 nm, provided that they are not 
controlled by 3C002.b through .e.
    CIV: Yes for positive resists not optimized for photolithography 
at a wavelength of less than 365 nm, provided that they are not 
controlled by 3C002.b through .e.

List of Items Controlled

* * * * *
    Items:
* * * * *
    e. All resists designed or optimized for use with imprint 
lithography equipment specified by 3B001.f.2. that use either a 
thermal or photo-curable process.


0
24. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3 Electronics, Export Control Classification Number (ECCN) 
3C005 is amended by revising the Heading, to read as follows:

3C005 Silicon carbide (SiC), gallium nitride (GaN), aluminum nitride 
(AlN) or aluminum gallium nitride (AlGaN) ``substrates'', or ingots, 
boules, or other preforms of those materials, having resistivities 
greater than 10,000 ohm-cm at 20 [deg]C.

* * * * *


0
25. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3 Electronics, Export Control Classification Number (ECCN) 
3C006 is added after ECCN 3C005, to read as follows:

3C006 ``Substrates'' specified in 3C005 with at least one epitaxial 
layer of silicon carbide, gallium nitride, aluminum nitride or aluminum 
gallium nitride.

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
                Control(s)                         Country Chart
------------------------------------------------------------------------
NS applies to entire entry...............  NS Column 2.
AT applies to entire entry...............  AT Column 1.
------------------------------------------------------------------------


[[Page 60929]]

License Exceptions

    LVS: $3000
    GBS: Yes
    CIV: Yes

List of Items Controlled

    Unit: $ value
    Related Controls: See ECCN 3D001 for related ``development'' or 
``production'' ``software'', ECCN 3E001 for related ``development'' 
and ``production'' ``technology'', and ECCN 3B991.b.1.b for related 
``production'' equipment.
    Related Definition: N/A
    Items:
    The list of items controlled is contained in the ECCN heading.


0
26. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3 Electronics, Export Control Classification Number (ECCN) 
3D001 is amended by:
    (a) Revising the Related Controls paragraph of the List of Items 
Controlled section; and
    (b) Removing the text of the Related Definitions paragraph of the 
List of Items Controlled section and replacing it with ``N/A'' to read 
as follows:

3D001 ``Software'' specially designed for the ``development'' or 
``production'' of equipment controlled by 3A001.b to 3A002.g or 3B 
(except 3B991 and 3B992).

List of Items Controlled

    Unit: * * *
    Related Controls: ``Software'' specially designed for the 
``development'' or ``production'' of the following equipment is 
under the export licensing authority of the Department of State, 
Directorate of Defense Trade Controls (22 CFR part 121): (1.) When 
operating at frequencies higher than 31.8 GHz and ``space 
qualified'': Helix tubes (traveling wave tubes (TWT)) defined in 
3A001.b.1.a.4.c; microwave solid state amplifiers defined in 
3A001.b.4.b; and traveling wave tube amplifiers (TWTA) defined in 
3A001.b.8; (2.) ``Space qualified'' solar cells, coverglass-
interconnect-cells or covered-interconnect-cells (CIC) assemblies, 
solar arrays, and/or solar panels, with a minimum average efficiency 
of 31% or greater at an operating temperature of 301 [deg]K (28 
[deg]C) under simulated `AM0' illumination with an irradiance of 
1,367 Watts per square meter (W/m\2\), and associated solar 
concentrators, power conditioners, and/or controllers, bearing and 
power transfer assemblies, and deployment hardware/systems. (3.) 
``Space qualified'' atomic frequency standards defined in 3A002.g.2. 
See also 3D101.
    Related Definitions: N/A
    Items: * * *


0
27. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3 Electronics, Export Control Classification Number (ECCN) 
3E001 is amended by:
0
a. Revising the Heading;
0
b. Revising the NS column 1 paragraph of the License Requirements 
section;
0
c. Revising the Related Controls paragraph of the List of Items 
Controlled section;
0
d. Revising the License Exceptions section;
0
e. Removing the text of the Related Definitions paragraph of the List 
of Items and replacing it with ``N/A''; and
0
f. Revising the technical note in the Items paragraph of the List of 
Items Controlled section, to read as follows:

3E001 ``Technology'' according to the General Technology Note for the 
``development'' or ``production'' of equipment or materials controlled 
by 3A (except 3A292, 3A980, 3A981, 3A991 3A992, or 3A999), 3B (except 
3B991 or 3B992) or 3C (except 3C992).

License Requirements

* * * * *

------------------------------------------------------------------------
                Control(s)                         Country Chart
------------------------------------------------------------------------
NS applies to ``technology'' for items     NS Column 1.
 controlled by 3A001, 3A002, 3B001,3B002,
 or 3C001 to 3C006.
------------------------------------------------------------------------

* * * * *

License Exceptions

    CIV: N/A
    TSR: Yes, except N/A for MT, and ``technology'' specially 
designed for the ``development'' or ``production'' of: (a) Traveling 
Wave Tube Amplifiers described in 3A001.b.8, having operating 
frequencies exceeding 19 Ghz; and (b) solar cells, coverglass-
interconnect-cells or covered-interconnect-cells (CIC) assemblies, 
solar arrays and/or solar panels, which are ``space qualified,'' 
having a minimum average efficiency exceeding 20% but less than 31% 
described in 3A001.e.4.
* * * * *

List of Items Controlled

* * * * *
    Related Controls: (1) See also 3E101 and 3E201. 
(2)''Technology'' according to the General Technology Note for the 
``development'' or ``production'' of the following commodities is 
under the export licensing authority of the Department of State, 
Directorate of Defense Trade Controls (22 CFR part 121): (a) When 
operating at frequencies higher than 31.8 GHz and ``space 
qualified'': helix tubes (traveling wave tubes (TWT)) defined in 
3A001.b.1.a.4.c; microwave solid state amplifiers defined in 
3A001.b.4.b; or traveling wave tube amplifiers (TWTA) defined in 
3A001.b.8; (b) ``Space qualified'' solar cells, coverglass-
interconnect-cells or covered-interconnect-cells (CIC) assemblies, 
solar arrays, and/or solar panels, with a minimum average efficiency 
of 31% or greater at an operating temperature of 301 [deg]K (28 
[deg]C) under simulated `AM0' illumination with an irradiance of 
1,367 Watts per square meter (W/m\2\), and associated solar 
concentrators, power conditioners, and/or controllers, bearing and 
power transfer assemblies, and deployment hardware/systems. and (c) 
``Space qualified'' atomic frequency standards defined in 3A002.g.2.
    Related Definition: N/A
    Items:
* * * * *

    Technical Note:
    Multi-layer structures in Note 2 of 3E001 do not include devices 
incorporating a maximum of three metal layers and three polysilicon 
layers.


    28. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5 Telecommunications and ``Information Security'', Part I 
Telecommunications, Export Control Classification Number (ECCN) 5A001 
is amended by revising the Heading and the Items paragraph of the List 
of Items Controlled section to read as follows:

5A001 Telecommunications systems, equipment, components and 
accessories, as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Any type of telecommunications equipment having any of the 
following characteristics, functions or features:
    a.1. Specially designed to withstand transitory electronic 
effects or electromagnetic pulse effects, both arising from a 
nuclear explosion;
    a.2. Specially hardened to withstand gamma, neutron or ion 
radiation; or
    a.3. Specially designed to operate outside the temperature range 
from 218 K (-55 [deg]C) to 397 K (124 [deg]C);

    Note:
    5A001.a.3 applies only to electronic equipment.


    Note:
    5A001.a.2 and 5A001.a.3 do not apply to equipment designed or 
modified for use on board satellites.

    b. Telecommunication systems and equipment, and specially 
designed components and accessories therefor, having any of the 
following characteristics, functions or features:
    b.1 Being underwater untethered communications systems having 
any of the following:
    b.1.a. An acoustic carrier frequency outside the range from 20 
kHz to 60 kHz;
    b.1.b. Using an electromagnetic carrier frequency below 30 kHz; 
or
    b.1.c. Using electronic beam steering techniques; or
    b.1.d. Using ``lasers'' or light-emitting diodes (LEDs) with an 
output wavelength greater than 400 nm and less than 700 nm, in a 
``local area network'';
    b.2. Being radio equipment operating in the 1.5 MHz to 87.5 MHz 
band and having all of the following:
    b.2.a.. Automatically predicting and selecting frequencies and 
``total digital transfer rates'' per channel to optimize the 
transmission; and

[[Page 60930]]

    b.2.b. Incorporating a linear power amplifier configuration 
having a capability to support multiple signals simultaneously at an 
output power of 1 kW or more in the frequency range of 1.5 MHz or 
more but less than 30 MHz, or 250 W or more in the frequency range 
of 30 MHz or more but not exceeding 87.5 MHz, over an 
``instantaneous bandwidth'' of one octave or more and with an output 
harmonic and distortion content of better than -80 dB;
    b.3. Being radio equipment employing ``spread spectrum'' 
techniques, including ``frequency hopping'' techniques, not 
controlled in 5A001.b.4 and having any of the following:
    b.3.a. User programmable spreading codes; or
    b.3.b. A total transmitted bandwidth which is 100 or more times 
the bandwidth of any one information channel and in excess of 50 
kHz;

    Note:
    5A001.b.3.b does not control radio equipment specially designed 
for use with civil cellular radio-communications systems.


    Note:
    5A001.b.3 does not control equipment operating at an output 
power of 1 W or less.

    b.4. Being radio equipment employing ultra-wideband modulation 
techniques, having user programmable channelizing codes, scrambling 
codes, or network identification codes and having any of the 
following:
    b.4.a. A bandwidth exceeding 500 MHz; or
    b.4.b. A ``fractional bandwidth'' of 20% or more;
    b.5. Being digitally controlled radio receivers having all of 
the following:
    b.5.a. More than 1,000 channels;
    b.5.b. A ``frequency switching time'' of less than 1 ms;
    b.5.c. Automatic searching or scanning of a part of the 
electromagnetic spectrum; and
    b.5.d. Identification of the received signals or the type of 
transmitter; or

    Note:
    5A001.b.5 does not control radio equipment specially designed 
for use with civil cellular radio-communications systems.

    b.6. Employing functions of digital ``signal processing'' to 
provide `voice coding' output at rates of less than 2,400 bit/s.

    Technical Notes:
    1. For variable rate `voice coding', 5A001.b.6 applies to the 
'voice coding' output of continuous speech.
    2. For the purpose of 5A001.b.6, `voice coding' is defined as 
the technique to take samples of human voice and then convert these 
samples of human voice and then convert these samples into a digital 
signal taking into account specific characteristics of human speech.

    c. Optical fiber communication cables, optical fibers and 
accessories, as follows:
    c.1. Optical fibers of more than 500 m in length specified by 
the manufacturer as being capable of withstanding a `proof test' 
tensile stress of 2 x 10\9\ N/m\2\ or more;

    Technical Note:
    `Proof Test': on-line or off-line production screen testing that 
dynamically applies a prescribed tensile stress over a 0.5 to 3 m 
length of fiber at a running rate of 2 to 5 m/s while passing 
between capstans approximately 150 mm in diameter. The ambient 
temperature is a nominal 293 K (20 [deg]C) and relative humidity 
40%. Equivalent national standards may be used for executing the 
proof test.

    c.2. Optical fiber cables and accessories, designed for 
underwater use;

    Note:
    5A001.c.2 does not control standard civil telecommunication 
cables and accessories.

    N.B. 1: For underwater umbilical cables, and connectors thereof, 
see 8A002.a.3.
    N.B. 2: For fiber-optic hull penetrators or connectors, see 
8A002.c.
    d. ``Electronically steerable phased array antennae'' operating 
above 31.8 GHz;

    Note:
    5A001.d does not control ``electronically steerable phased array 
antennae'' for landing systems with instruments meeting ICAO 
standards covering Microwave Landing Systems (MLS).

    e. Radio direction finding equipment operating at frequencies 
above 30 MHz and having all of the following, and specially designed 
components therefor:
    e.1. ``Instantaneous bandwidth'' of 10 MHz or more; and
    e.2. Capable of finding a Line Of Bearing (LOB) to non-
cooperating radio transmitters with a signal duration of less than 1 
ms;
    f. Jamming equipment specially designed or modified to 
intentionally and selectively interfere with, deny, inhibit, degrade 
or seduce mobile telecommunication services and having any of the 
following characteristics, and specially designed components 
therefor:
    f.1. Simulating the functions of Radio Access Network (RAN) 
equipment; or
    f.2. Detecting and exploiting specific characteristics of the 
mobile telecommunications protocol employed (e.g., GSM);
    N.B.: For GNSS jamming equipment see the Munitions List.
    g. Passive Coherent Location (PCL) systems or equipment, 
specially designed for detecting and tracking moving objects by 
measuring reflections of ambient radio frequency emissions, supplied 
by non-radar transmitters.

    Technical Note:
    Non-radar transmitters may include commercial radio, television 
or cellular telecommunications base stations.


    Note:
    5A001.g. does not control:
    a. Radio-astronomical equipment; or
    b. Systems or equipment, that require any radio transmission 
from the target.



0
29. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5 Telecommunications and ``Information Security'', Part 2 
Information Security, Export Control Classification Number (ECCN) 5A002 
is amended by revising the Heading and the Items paragraph of the List 
of Items Controlled section, to read as follows:

5A002 ``Information security'' systems, equipment and components 
therefor, as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:

    Note:
    5A002 does not control any of the following. However, these 
items are instead controlled under 5A992:
    (a) ``Personalized smart cards'' having any of the following:
    (1) Where the cryptographic capability is restricted for use in 
equipment or systems excluded from control paragraphs (b) through 
(g) of this Note; or
    (2) For general public-use applications where the cryptographic 
capability is not user-accessible and it is specially designed and 
limited to allow protection of personal data stored within;
    N.B.: If a ``personalized smart card'' has multiple functions, 
the control status of each function is assessed individually.
    (b) Receiving equipment for radio broadcast, pay television or 
similar restricted audience broadcast of the consumer type, without 
digital encryption except that exclusively used for sending the 
billing or program-related information back to the broadcast 
providers;
    (c) Equipment where the cryptographic capability is not user-
accessible and which is specially designed and limited to allow any 
of the following:
    (1) Execution of copy-protected ``software'';
    (2) Access to any of the following:
    (a) Copy-protected contents stored on read-only media; or
    (b) Information stored in encrypted form on media (e.g., in 
connection with the protection of intellectual property rights) 
where the media is offered for sale in identical sets to the public;
    (3) Copying control of copyright protected audio/video data; or
    (4) Encryption and/or decryption for protection of libraries, 
design attributes, or associated data for the design of 
semiconductor devices or integrated circuits;
    (d) Cryptographic equipment specially designed and limited for 
banking use or 'money transactions';
    Technical Note: The term `money transactions' includes the 
collection and settlement of fares or credit functions.
    (e) Portable or mobile radiotelephones for civil use (e.g., for 
use with commercial civil cellular radio communication systems) that 
are not capable of transmitting encrypted data directly to another 
radiotelephone or equipment (other than Radio Access Network (RAN) 
equipment), nor of passing encrypted data through RAN equipment 
(e.g., Radio Network Controller (RNC) or Base Station Controller 
(BSC));
    (f) Cordless telephone equipment not capable of end-to-end 
encryption where the maximum effective range of unboosted cordless 
operation (e.g., a single, unrelayed hop between terminal and home 
base station) is less than 400 meters according to the 
manufacturer's specifications; or
    (g) Portable or mobile radiotelephones and similar client 
wireless devices for civil use, that implement only published or 
commercial cryptographic standards (except for anti-piracy 
functions, which may be non-published) and also meet the provisions 
of paragraphs b. to d. of the Cryptography Note

[[Page 60931]]

(Note 3 in Category 5--Part 2), that have been customized for a 
specific civil industry application with features that do not affect 
the cryptographic functionality of these original non-customized 
devices.
    Technical Note: Parity bits are not included in the key length.

    a. Systems, equipment, application specific ``electronic 
assemblies'', modules and integrated circuits for ``information 
security'', as follows and other specially designed components 
therefor:
    N.B.: For the control of Global Navigation Satellite Systems 
(GNSS) receiving equipment containing or employing decryption (i.e., 
GPS or GLONASS) see 7A005.
    a.1. Designed or modified to use ``cryptography'' employing 
digital techniques performing any cryptographic function other than 
authentication or digital signature and having any of the following:
    Technical Notes:
    1. Authentication and digital signature functions include their 
associated key management function.
    2. Authentication includes all aspects of access control where 
there is no encryption of files or text except as directly related 
to the protection of passwords, Personal Identification Numbers 
(PINs) or similar data to prevent unauthorized access.
    3. ``Cryptography'' does not include ``fixed'' data compression 
or coding techniques.
    Note: 5A002.a.1 includes equipment designed or modified to use 
``cryptography'' employing analog principles when implemented with 
digital techniques.
    a.1.a. A ``symmetric algorithm'' employing a key length in 
excess of 56-bits; or
    a.1.b. An ``asymmetric algorithm'' where the security of the 
algorithm is based on any of the following:
    a.1.b.1. Factorization of integers in excess of 512 bits (e.g., 
RSA);
    a.1.b.2. Computation of discrete logarithms in a multiplicative 
group of a finite field of size greater than 512 bits (e.g., Diffie-
Hellman over Z/pZ); or
    a.1.b.3. Discrete logarithms in a group other than mentioned in 
5A002.a.1.b.2 in excess of 112 bits (e.g., Diffie-Hellman over an 
elliptic curve);
    a.2. Designed or modified to perform cryptanalytic functions;
    a.3. [Reserved]
    a.4. Specially designed or modified to reduce the compromising 
emanations of information-bearing signals beyond what is necessary 
for health, safety or electromagnetic interference standards;
    a.5. Designed or modified to use cryptographic techniques to 
generate the spreading code for ``spread spectrum'' systems, not 
controlled in 5A002. a.6., including the hopping code for 
``frequency hopping'' systems;
    a.6. Designed or modified to use cryptographic techniques to 
generate channelizing codes, scrambling codes or network 
identification codes, for systems using ultra-wideband modulation 
techniques and having any of the following:
    a.6.a. A bandwidth exceeding 500 MHz; or
    a.6.b. A ``fractional bandwidth'' of 20% or more;
    a.7. [Reserved]
    a.8. Communications cable systems designed or modified using 
mechanical, electrical or electronic means to detect surreptitious 
intrusion;
    a.9. Designed or modified to use `quantum cryptography.'

    Technical Notes:
    1. `Quantum cryptography' A family of techniques for the 
establishment of a shared key for ``cryptography'' by measuring the 
quantum-mechanical properties of a physical system (including those 
physical properties explicitly governed by quantum optics, quantum 
field theory, or quantum electrodynamics).
    2. `Quantum cryptography' is also known as Quantum Key 
Distribution (QKD).


0
30. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6 Sensors, Export Control Classification Number (ECCN) 6A001 
is amended by revising the Heading and the Items paragraph of the List 
of Items Controlled section, to read as follows:

6A001 Acoustic systems, equipment and components, as follows (see List 
of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Marine acoustic systems, equipment and specially designed 
components therefor, as follows:
    a.1. Active (transmitting or transmitting-and-receiving) 
systems, equipment and specially designed components therefor, as 
follows:

    Note: 6A001.a.1 does not control:
    a. Depth sounders operating vertically below the apparatus, not 
including a scanning function exceeding <plus-
minus<ls-thn-eq>20[deg], and limited to measuring the depth of 
water, the distance of submerged or buried objects or fish finding;
    b. Acoustic beacons, as follows:
    1. Acoustic emergency beacons;
    2. Pingers specially designed for relocating or returning to an 
underwater position.

    a.1.a. Wide-swath bathymetric survey systems designed for sea 
bed topographic mapping and having all of the following:
    a.1.a.1. Designed to take measurements at an angle exceeding 
20[deg] from the vertical;
    a.1.a.2. Designed to measure depths exceeding 600 m below the 
water surface; and
    a.1.a.3. Designed to provide any of the following:
    a.1.a.3.a. Incorporation of multiple beams any of which is less 
than 1.9[deg]; or
    a.1.a.3.b. Data accuracies of better than 0.3% of water depth 
across the swath averaged over the individual measurements within 
the swath;
    a.1.b. Object detection or location systems, having any of the 
following:
    a.1.b.1. A transmitting frequency below 10 kHz;
    a.1.b.2. Sound pressure level exceeding 224dB (reference 1[mu]Pa 
at 1 m) for equipment with an operating frequency in the band from 
10 kHz to 24 kHz inclusive;
    a.1.b.3. Sound pressure level exceeding 235 dB (reference 1 
[mu]Pa at 1 m) for equipment with an operating frequency in the band 
between 24 kHz and 30 kHz;
    a.1.b.4. Forming beams of less than 1[deg] on any axis and 
having an operating frequency of less than 100 kHz;
    a.1.b.5. Designed to operate with an unambiguous display range 
exceeding 5,120 m; or
    a.1.b.6. Designed to withstand pressure during normal operation 
at depths exceeding 1,000 m and having transducers with any of the 
following:
    a.1.b.6.a. Dynamic compensation for pressure; or
    a.1.b.6.b. Incorporating other than lead zirconate titanate as 
the transduction element;
    a.1.c. Acoustic projectors, including transducers, incorporating 
piezoelectric, magnetostrictive, electrostrictive, electrodynamic or 
hydraulic elements operating individually or in a designed 
combination and having any of the following:
    Notes: 1. The control status of acoustic projectors, including 
transducers, specially designed for other equipment is determined by 
the control status of the other equipment.
    2. 6A001.a.1.c does not control electronic sources that direct 
the sound vertically only, or mechanical (e.g., air gun or vapor-
shock gun) or chemical (e.g., explosive) sources.
    a.1.c.1. An instantaneous radiated `acoustic power density' 
exceeding 0.01 mW/mm\2\/Hz for devices operating at frequencies 
below 10 kHz;
    a.1.c.2. A continuously radiated `acoustic power density' 
exceeding 0.001 mW/mm\2\/Hz for devices operating at frequencies 
below 10 kHz; or
    Technical Note: `Acoustic power density' is obtained by dividing 
the output acoustic power by the product of the area of the 
radiating surface and the frequency of operation.
    a.1.c.3. Side-lobe suppression exceeding 22 dB;
    a.1.d. Acoustic systems, equipment and specially designed 
components for determining the position of surface vessels or 
underwater vehicles, designed to operate at a range exceeding 1,000 
m with a positioning accuracy of less than 10 m rms (root mean 
square) when measured at a range of 1,000 m;
    Note: 6A001.a.1.d includes:
    a. Equipment using coherent ``signal processing'' between two or 
more beacons and the hydrophone unit carried by the surface vessel 
or underwater vehicle;
    b. Equipment capable of automatically correcting speed-of-sound 
propagation errors for calculation of a point.
    a.2. Passive (receiving, whether or not related in normal 
application to separate active equipment) systems, equipment and 
specially designed components therefor, as follows:
    a.2.a. Hydrophones having any of the following:
    Note: The control status of hydrophones specially designed for 
other equipment is determined by the control status of the other 
equipment.

[[Page 60932]]

    a.2.a.1. Incorporating continuous flexible sensing elements;
    a.2.a.2. Incorporating flexible assemblies of discrete sensing 
elements with either a diameter or length less than 20 mm and with a 
separation between elements of less than 20 mm;
    a.2.a.3. Having any of the following sensing elements:
    a.2.a.3.a. Optical fibers;
    a.2.a.3.b. `Piezoelectric polymer films' other than 
polyvinylidene-fluoride (PVDF) and its co-polymers {P(VDF-TrFE) and 
P(VDF-TFE){time} ; or
    a.2.a.3.c. `Flexible piezoelectric composites';
    a.2.a.4. A `hydrophone sensitivity' better than -180dB at any 
depth with no acceleration compensation;
    a.2.a.5. Designed to operate at depths exceeding 35 m with 
acceleration compensation; or
    a.2.a.6. Designed for operation at depths exceeding 1,000 m;
    Technical Notes: 1. `Piezoelectric polymer film' sensing 
elements consist of polarized polymer film that is stretched over 
and attached to a supporting frame or spool (mandrel).
     2. `Flexible piezoelectric composite' sensing elements consist 
of piezoelectric ceramic particles or fibers combined with an 
electrically insulating, acoustically transparent rubber, polymer or 
epoxy compound, where the compound is an integral part of the 
sensing elements.
    3. `Hydrophone sensitivity' is defined as twenty times the 
logarithm to the base 10 of the ratio of rms output voltage to a 1 V 
rms reference, when the hydrophone sensor, without a pre-amplifier, 
is placed in a plane wave acoustic field with an rms pressure of 1 
[mu]Pa. For example, a hydrophone of -160 dB (reference 1 V per 
[mu]Pa) would yield an output voltage of 10<SUP>-</SUP>\8\ V in such 
a field, while one of -180 dB sensitivity would yield only 
10<SUP>-</SUP>\9\ V output. Thus, -160 dB is better than -180 dB.
    a.2.b. Towed acoustic hydrophone arrays having any of the 
following:
    a.2.b.1. Hydrophone group spacing of less than 12.5 m or `able 
to be modified' to have hydrophone group spacing of less than 12.5 
m;
    a.2.b.2. Designed or `able to be modified' to operate at depths 
exceeding 35m;
    Technical Note: `Able to be modified' in 6A001.a.2.b means 
having provisions to allow a change of the wiring or 
interconnections to alter hydrophone group spacing or operating 
depth limits. These provisions are: spare wiring exceeding 10% of 
the number of wires, hydrophone group spacing adjustment blocks or 
internal depth limiting devices that are adjustable or that control 
more than one hydrophone group.
    a.2.b.3. Heading sensors controlled by 6A001.a.2.d;
    a.2.b.4. Longitudinally reinforced array hoses;
    a.2.b.5. An assembled array of less than 40 mm in diameter;
    a.2.b.6. [Reserved]; or
    a.2.b.7. Hydrophone characteristics controlled by 6A001.a.2.a;
    a.2.c. Processing equipment, specially designed for towed 
acoustic hydrophone arrays, having ``user accessible 
programmability'' and time or frequency domain processing and 
correlation, including spectral analysis, digital filtering and 
beamforming using Fast Fourier or other transforms or processes;
    a.2.d. Heading sensors having all of the following:
    a.2.d.1. An accuracy of better than <plus-minus>0.5[deg]; and
    a.2.d.2. Designed to operate at depths exceeding 35 m or having 
an adjustable or removable depth sensing device in order to operate 
at depths exceeding 35 m;
    a.2.e. Bottom or bay cable systems, having any of the following:
    a.2.e.1. Incorporating hydrophones controlled by 6A001.a.2.a; or
    a.2.e.2. Incorporating multiplexed hydrophone group signal 
modules having all of the following characteristics:
    a.2.e.2.a. Designed to operate at depths exceeding 35 m or 
having an adjustable or removable depth sensing device in order to 
operate at depths exceeding 35 m; and
    a.2.e.2.b. Capable of being operationally interchanged with 
towed acoustic hydrophone array modules;
    a.2.f. Processing equipment, specially designed for bottom or 
bay cable systems, having ``user accessible programmability'' and 
time or frequency domain processing and correlation, including 
spectral analysis, digital filtering and beamforming using Fast 
Fourier or other transforms or processes;
    b. Correlation-velocity and Doppler-velocity sonar log equipment 
designed to measure the horizontal speed of the equipment carrier 
relative to the sea bed, as follows:
    b.1. Correlation-velocity sonar log equipment having any of the 
following characteristics:
    b.1.a. Designed to operate at distances between the carrier and 
the sea bed exceeding 500 m; or
    b.1.b. Having speed accuracy better than 1% of speed;
    b.2. Doppler-velocity sonar log equipment having speed accuracy 
better than 1% of speed.

    Note 1:
    6A001.b. does not apply to depth sounders limited to any of the 
following:
    a. Measuring the depth of water;
    b. Measuring the distance of submerged or buried objects; or
    c. Fish finding.


    Note 2:
    6A001.b. does not apply to equipment specially designed for 
installation on surface vessels.



0
31. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6 Sensors, Export Control Classification Number (ECCN) 6A005 
is amended by:
0
a. Revising the citation ``6A005.b.2, b.3, or b.4'' to read 
``6A005.a.4, b.2, b.3, b.4'' in paragraph g of the License Requirements 
Note;
0
b. Revising the phrase ``Dye and Liquid Lasers controlled by 6A005.c.1 
and c.2,'' to read ``Dye and Liquid Lasers controlled by 6A005.c.1, c.2 
and c.3,'' in the GBS and CIV paragraphs of the License Exception 
section; and

0
32. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6 Sensors, Export Control Classification Number (ECCN) 6A995, 
the Note following paragraph e.2.b is amended by revising the citation 
``6A995.e.1.b'' to read ``6A995.e.2.b''.


0
33. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7 Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A002 is amended by removing the term ``drift rate'' and 
adding in its place ``bias'' in 7A002.a and 7A002.c.1 in the Items 
paragraph of the List of Items Controlled section.


0
34. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7 Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A003 is amended by revising the Items paragraph of the 
List of Items Controlled section, to read as follows:

7A003 Inertial Systems and specially designed components therefor.

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Inertial Navigation Systems (INS) (gimballed or strapdown) 
and inertial equipment designed for ``aircraft'', land vehicles, 
vessels (surface or underwater) or ``spacecraft'' for navigation, 
attitude, guidance or control, having any of the following 
characteristics, and specially designed components therefor:
    a.1. Navigation error (free inertial) subsequent to normal 
alignment of 0.8 nautical mile per hour (nm/hr) ``Circular Error 
Probable'' (``CEP'') or less (better); or
    a.2. Specified to function at linear acceleration levels 
exceeding 10 g;
    b. Hybrid Inertial Navigation Systems embedded with Global 
Navigation Satellite System(s) (GNSS) or with ``Data-Based 
Referenced Navigation'' (``DBRN'') System(s) for navigation, 
attitude, guidance or control, subsequent to normal alignment, 
having an INS navigation position accuracy, after loss of GNSS or 
``DBRN'' for a period of up to 4 minutes, of less (better) than 10 
meters ``Circular Error Probable'' (``CEP'');
    c. Inertial Measurement equipment for heading or True North 
determination having any of the following, and specially designed 
components therefor:
    c.1. Designed to have heading or True North determination 
accuracy equal to, or less (better) than 0.07 deg sec (Lat) 
equivalent to 6 arc minutes RMS at 45 degrees latitude; or
    c.2. Designed to have a non-operating shock level of 900 g or 
greater at a duration of 1-msec or greater;
    d. Inertial measurement equipment including Inertial Measurement 
Units (IMU) and Inertial Reference Systems (IRS), incorporating 
accelerometers or gyros controlled by 7A001 or 7A002, and specially 
designed components therefor.


[[Page 60933]]


    Note 1:
    The parameters of 7A003.a and 7A003.b are applicable with any of 
the following environmental conditions:
    a. Input random vibration with an overall magnitude of 7.7 g rms 
in the 0.5 hour and a total test duration of 1.5 hour per axis in 
each of the 3 perpendicular axes, when the random vibration meets 
all of the following:
    1. A constant Power Spectral Density (PSD) value of 0.04 g\2\/Hz 
over a frequency interval of 15 to 1,000 Hz; and
    2. The PSD attenuates with frequency from 0.04 g\2\/Hz to 0.01 
g\2\/Hz over a frequency interval from 1,000 to 2,000 Hz;
    b. An angular rate capability about one or more axes of equal to 
or more than +2.62 rad/s (150 deg/s); or
    c. According to national standards equivalent to a. or b. of 
this note.


    Note 2:
    7A003 does not control inertial navigation systems that are 
certified for use on ``civil aircraft'' by civil authorities of a 
Wassenaar Arrangement Participating State, see Supplement No. 1 to 
Part 743 for a list of these countries.


    Note 3:
    7A003.c.1 does not control theodolite systems incorporating 
inertial equipment specially designed for civil surveying purposes.


    Technical Note:
    7A003.b refers to systems in which an INS and other independent 
navigation aids are built into a single unit (embedded) in order to 
achieve improved performance.



0
35. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7 Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A008 is amended by revising the Heading and Related 
Controls paragraph in the List of Items Controlled section, to read as 
follows:

7A008 Underwater sonar navigation systems, using Doppler velocity or 
correlation velocity logs integrated with a heading source and having a 
positioning accuracy of equal to or less (better) than 3% of distance 
traveled ``Circular Error Probable'' (``CEP''), and specially designed 
components therefore.

* * * * *

List of Items Controlled

* * * * *
    Related Controls: 7A008 does not control systems specially 
designed for installation on surface vessels or systems requiring 
acoustic beacons or buoys to provide positioning data. See 6A001.a 
for acoustic systems, and 6A001.b for correlation-velocity and 
Doppler-velocity sonar log equipment. See 8A002 for other marine 
systems.
* * * * *


0
36. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9 Aerospace and Propulsion, Export Control Classification 
Number 9A012 is amended by revising the Heading and the Items paragraph 
in the List of Items Controlled section, to read as follows:

9A012 Non-military ``unmanned aerial vehicles,'' (``UAVs''), associated 
systems, equipment and components, as follows. (see List of Items 
Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. ``UAVs'' having any of the following:
     a.1. An autonomous flight control and navigation capability 
(e.g., an autopilot with an Inertial Navigation System); or
    a.2. Capability of controlled flight out of the direct visual 
range involving a human operator (e.g., televisual remote control);
    b. Associated systems, equipment and components, as follows:
    b.1. Equipment specially designed for remotely controlling the 
``UAVs'' controlled by 9A012.a.;
    b.2. Guidance or control systems, other than those controlled in 
Category 7, specially designed for integration into ``UAVs'' 
controlled by 9A012.a.;
    b.3. Equipment and components specially designed to convert a 
manned ``aircraft'' to a ``UAV'' controlled by 9A012.a;
    b.4. Air breathing reciprocating or rotary internal combustion 
type engines, specially designed or modified to propel ``UAVs'' at 
altitudes above 50,000 feet (15,240 meters).

    Note: 9A012 does not control model aircraft.



0
37. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9 Aerospace and Propulsion, Export Control Classification 
Number 9E003 is amended by revising the Heading and the Items paragraph 
in the List of Items Controlled section, to read as follows:

9E003 Other ``technology'' as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. ``Technology'' ``required'' for the ``development'', 
``production'' of any of the following gas turbine engine components 
or systems:
    a.1. Gas turbine blades, vanes or tip shrouds, made from 
directionally solidified (DS) or single crystal (SC) alloys and 
having (in the 001 Miller Index Direction) a stress-rupture life 
exceeding 400 hours at 1,273 K (1,000 [deg]C) at a stress of 200 
MPa, based on the average property values;
    a.2. Multiple domed combustors operating at average burner 
outlet temperatures exceeding 1,813 K (1,540 [deg]C) or combustors 
incorporating thermally decoupled combustion liners, non-metallic 
liners or non-metallic shells;
    a.3. Components manufactured from any of the following:
    a.3.a. Organic ``composite'' materials designed to operate above 
588 K (315 [deg]C);
    a.3.b. Metal ``matrix'' ``composite'', ceramic ``matrix'', 
intermetallic or intermetallic reinforced materials, controlled by 
1C007; or
    a.3.c. ``Composite'' material controlled by 1C010 and 
manufactured with resins controlled by 1C008;
    a.4. Uncooled turbine blades, vanes, tip-shrouds or other 
components, designed to operate at gas path total (stagnation) 
temperatures of 1,323 K (1,050 [deg]C) or more at sea-level static 
take-off (ISA) in a `steady state mode' of engine operation;
    a.5. Cooled turbine blades, vanes or tip-shrouds, other than 
those described in 9E003.a.1, exposed to gas path total (stagnation) 
temperatures of 1,643 K (1,370 [deg]C) or more at sea-level static 
take-off (ISA) in a `steady state mode' of engine operation;

    Technical Note: The term `steady state mode' defines engine 
operation conditions, where the engine parameters, such as thrust/
power, rpm and others, have no appreciable fluctuations, when the 
ambient air temperature and pressure at the engine inlet are 
constant.

    a.6. Airfoil-to-disk blade combinations using solid state 
joining;
    a.7. Gas turbine engine components using ``diffusion bonding'' 
``technology'' controlled by 2E003.b;
    a.8. Damage tolerant gas turbine engine rotating components 
using powder metallurgy materials controlled by 1C002.b;
    a.9. Full authority digital electronic engine control (FADEC) 
for gas turbine and combined cycle engines and their related 
diagnostic components, sensors and specially designed components;
    a.10. Adjustable flow path geometry and associated control 
systems for:
    a.10.a. Gas generator turbines;
    a.10.b. Fan or power turbines;
    a.10.c. Propelling nozzles; or

    Note 1:
    Adjustable flow path geometry and associated control systems in 
9E003.a.10 do not include inlet guide vanes, variable pitch fans, 
variable stators or bleed valves for compressors.


    Note 2:
    9E003.a.10 does not control ``development'' or ``production'' 
``technology'' for adjustable flow path geometry for reverse thrust.

    a.11. Hollow fan blades;
    b. ``Technology'' ``required'' for the ``development'' or 
``production'' of any of the following:
    b.1. Wind tunnel aero-models equipped with non-intrusive sensors 
capable of transmitting data from the sensors to the data 
acquisition system; or
    b.2. ``Composite'' propeller blades or propfans, capable of 
absorbing more than 2,000 kW at flight speeds exceeding Mach 0.55;
    c. ``Technology'' ``required'' for the ``development'' or 
``production'' of gas turbine engine components using ``laser'', 
water jet, Electro-Chemical Machining (ECM) or Electrical Discharge 
Machines (EDM) hole drilling processes to produce holes having any 
of the following:
    c.1. All of the following:
    c.1.a. Depths more than four times their diameter;
    c.1.b. Diameters less than 0.76 mm; and
    c.1.c. `Incidence angles' equal to or less than 25[deg]; or
    c.2. All of the following:

[[Page 60934]]

    c.2.a. Depths more than five times their diameter;
    c.2.b. Diameters less than 0.4 mm; and
    c.2.c. `Incidence angles' of more than 25[deg];

    Technical Note:
    For the purposes of 9E003.c, incidence angle is measured from a 
plane tangential to the airfoil surface at the point where the hole 
axis enters the airfoil surface.

    d. ``Technology'' ``required'' for the ``development'' or 
``production'' of helicopter power transfer systems or tilt rotor or 
tilt wing ``aircraft'' power transfer systems;
    e. ``Technology'' for the ``development'' or ``production'' of 
reciprocating diesel engine ground vehicle propulsion systems having 
all of the following:
    e.1. `Box volume' of 1.2 m\3\ or less;
    e.2. An overall power output of more than 750 kW based on 80/
1269/EEC, ISO 2534 or national equivalents; and
    e.3. Power density of more than 700 kW/m\3\ of `box volume';

    Technical Note:
    `Box volume' is the product of three perpendicular dimensions 
measured in the following way:

    Length: The length of the crankshaft from front flange to 
flywheel face;
    Width: The widest of any of the following:
    a. The outside dimension from valve cover to valve cover;
    b. The dimensions of the outside edges of the cylinder heads; or
    c. The diameter of the flywheel housing;
    Height: The largest of any of the following:
    a. The dimension of the crankshaft center-line to the top plane 
of the valve cover (or cylinder head) plus twice the stroke; or
    b. The diameter of the flywheel housing.
    f. ``Technology'' ``required'' for the ``production'' of 
specially designed components, for high output diesel engines, as 
follows:
    f.1. ``Technology'' ``required'' for the ``production'' of 
engine systems having all of the following components employing 
ceramics materials controlled by 1C007:
    f.1.a Cylinder liners;
    f.1.b. Pistons;
    f.1.c. Cylinder heads; and
    f.1.d. One or more other components (including exhaust ports, 
turbochargers, valve guides, valve assemblies or insulated fuel 
injectors);
    f.2. ``Technology'' ``required'' for the ``production'' of 
turbocharger systems with single-stage compressors and having all of 
the following:
    f.2.a. Operating at pressure ratios of 4:1 or higher;
    f.2.b. Mass flow in the range from 30 to 130 kg per minute; and
    f.2.c. Variable flow area capability within the compressor or 
turbine sections;
    f.3. ``Technology'' ``required'' for the ``production'' of fuel 
injection systems with a specially designed multifuel (e.g., diesel 
or jet fuel) capability covering a viscosity range from diesel fuel 
(2.5 cSt at 310.8 K (37.8 [deg]C)) down to gasoline fuel (0.5 cSt at 
310.8 K (37.8 [deg]C)) and having all of the following:
    f.3.a. Injection amount in excess of 230 mm\3\ per injection per 
cylinder; and
    f.3.b. Electronic control features specially designed for 
switching governor characteristics automatically depending on fuel 
property to provide the same torque characteristics by using the 
appropriate sensors;
    g. ``Technology'' ``required'' for the development'' or 
``production'' of `high output diesel engines' for solid, gas phase 
or liquid film (or combinations thereof) cylinder wall lubrication 
and permitting operation to temperatures exceeding 723 K (450 
[deg]C), measured on the cylinder wall at the top limit of travel of 
the top ring of the piston;

    Technical Note:
    `High output diesel engines' are diesel engines with a specified 
brake mean effective pressure of 1.8 MPa or more at a speed of 2,300 
r.p.m., provided the rated speed is 2,300 r.p.m. or more.

    h. ``Technology'' not otherwise controlled in 9E003.a.1 through 
a.10 and currently used in the ``development'', ``production'', or 
overhaul of hot section parts and components of civil derivatives of 
military engines controlled on the U.S. Munitions List.

    Dated: September 26, 2008.
Christopher R. Wall,
Assistant Secretary for Export Administration.
[FR Doc. E8-23278 Filed 10-10-08; 8:45 am]
BILLING CODE 3510-33-P


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