
[Federal Register: April 18, 2008 (Volume 73, Number 76)]
[Rules and Regulations]               
[Page 21035-21041]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap08-4]                         

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 748 and 774

[Docket No. 080307395-8515-01]
RIN 0694-AE32

 
Technical Corrections to the Export Administration Regulations 
Based Upon a Systematic Review of the CCL

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule amends the Export Administration Regulations (EAR) 
to make various technical corrections and clarifications to the EAR as 
a result of a systematic review of the Commerce Control List (CCL) that 
was conducted by the Bureau of Industry and Security (BIS). This rule 
is the first phase of the regulatory implementation of the results of a 
review of the CCL that was conducted by BIS starting in 2007. The BIS 
CCL review benefited from input received from BIS's Technical Advisory 
Committees (TACs) and comments that were received from the interested 
public in response to the publication of a BIS notice of inquiry on 
July 17, 2007 (72 FR 39052).

DATES: Effective Date: This rule is effective: April 18, 2008. Although 
there is no formal comment period, public comments on this regulation 
are welcome on a continuing basis.

ADDRESSES: You may submit comments, identified by RIN 0694-AE32, by any 
of the following methods:
    E-mail: publiccomments@bis.doc.gov Include ``RIN 0694-AE32'' in the 
subject line of the message.
    Fax: (202) 482-3355. Please alert the Regulatory Policy Division, 
by calling (202) 482-2440, if you are faxing comments.
    Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of 
Commerce, Bureau of Industry and Security, Regulatory Policy Division, 
14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230, 
Attn: RIN 0694-AE32.
    Send comments regarding the collection of information associated 
with this rule, including suggestions for reducing the burden, to David 
Rostker, Office of Management and Budget (OMB), by e-mail to David--
Rostker@omb.eop.gov, or by fax to (202) 395-7285; and to the U.S. 
Department of Commerce, Bureau of Industry and Security, Regulatory 
Policy Division, 14th St. & Pennsylvania Avenue, NW., Room 2705, 
Washington, DC 20230. Comments on this collection of information should 
be submitted separately from comments on the final rule (i.e. RIN 0694-
AE32)--all comments on the latter should be submitted by one of the 
three methods outlined above.

FOR FURTHER INFORMATION CONTACT: Timothy Mooney, Office of Exporter 
Services, Bureau of Industry and Security, U.S. Department of Commerce; 
by telephone: (202) 482-2440; or by fax: 202-482-3355.

SUPPLEMENTARY INFORMATION:

Background

    This rule amends the Export Administration Regulations (EAR) to 
make various technical corrections and clarifications to the EAR as a 
result of a systematic review of the Commerce Control List (CCL) that 
was conducted by the Bureau of Industry and Security (BIS) beginning in 
2007. This rule is the first phase of the regulatory implementation of 
the results of that review. This rule focuses on making needed 
technical corrections and clarifications to the CCL. The BIS CCL review 
benefited from input received from BIS's Technical Advisory Committees 
(TACs) and public comments received in response to a BIS notice of 
inquiry (July 17, 2007, 72 FR 39052).
    BIS intends to publish another rule later this year that will 
implement the

[[Page 21036]]

second phase of the regulatory implementation of the results of that 
systematic review of the CCL. That rule is tentatively titled, 
``Revisions to the Export Administration Regulations based upon a 
Systematic Review of the Commerce Control List'' (RIN: 0694-AE33). That 
second rule will include substantive changes to the CCL.
    As a part of the implementation phase of the CCL review, the agency 
is also taking other non-regulatory actions to improve the public's 
understanding of the CCL. These BIS actions involve publishing certain 
advisory opinions and creating new web guidance to provide greater 
clarity to exporters and reexporters regarding existing provisions of 
the CCL. BIS has also created a new process whereby BIS has stated its 
intention to conduct similar types of systematic reviews of the CCL in 
the future in order to continuously improve the CCL.
    This rule makes the following technical revision to the Export 
Administration Regulations (EAR):
    In Supplement No. 1 to Part 748 (BIS-748P, BIS-748P-A; Item 
Appendix, and BIS-748P-B; End-User Appendix; Multipurpose Application 
Instructions), this rule amends the instructions for ``Block 6: 
Documents submitted with application'', to provide guidance to 
applicants who wish to include foreign availability support material 
for items not controlled for national security reasons. This new 
instruction guidance under Block 6 explains the procedure applicants 
should follow for submitting this information. The purpose of 
submitting this foreign availability information would be to make the 
U.S. Government more aware of the foreign availability of items not 
controlled for national security reasons.
    In addition, this rule makes the following technical revisions to 
the Commerce Control List (CCL) (Supplement No. 1 to Part 774 of the 
EAR):

    (1) This rule revises the ``Related Controls'' paragraphs in the 
following twenty-four CCL entries: 0A018, 1A001, 1A003, 1A005, 
1C004, 1C006, 1C008, 1C009, 1C011, 1C012, 1D001, 1D018, 1E002, 
2A983, 2B004, 2B005, 2E101, 2E201, 3A002, 3B002, 3B992, 3D002, 
4D003, and 5E002 by adding additional related controls references or 
making changes for greater specificity for the related controls 
references. BIS includes related controls references in CCL entries 
to assist exporters in classifying items on the CCL and in some 
cases provides cross-references for items that are listed on the 
CCL, but are under the export control jurisdiction of other U.S. 
Government agencies. Several of the public comments received by BIS, 
as a part of the CCL review process, requested that BIS add these 
types of additional related controls references to better assist the 
public in classifying their items using the CCL.
    (2) This rule is also amending the ``Unit'' paragraph in the 
following fourteen CCL entries: 1B003, 2B001, 2B003, 2B004, 4A001, 
4A003, 4A004, 5B001, 6A002, 6A004, 6A005, 8A001, 9A004, and 9B009. 
Several of the comments received by BIS, as a part of the CCL review 
process, requested that changes be made to the ``Unit'' paragraphs 
of certain CCL entries, so that the unit of measurement in the 
``Unit'' paragraphs would conform to standard quantities for the 
items controlled in those respective CCL entries. BIS agreed that 
these technical corrections should be made to the CCL in order to 
ensure that the ``Unit'' paragraphs conformed with the items 
controlled in those CCL entries.
    (3) In three CCL entries, 6D003, 8D001 and 8E001, this rule 
removes outdated references in the ``License Exceptions'' section of 
each of these CCL entries that had incorrectly referred to License 
Exception TSR non-availability for items under those CCL entries 
controlled for Missile Technology (MT) reasons. None of these three 
CCL entries is controlled for MT reasons, so the reference to the 
restriction on the use of License Exception TSR in these CCL entries 
is outdated and confusing. This rule corrects that by removing the 
outdated reference to the MT restriction in each of these CCL 
entries.

    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 August 15, 
2007, 72 FR 46137 (August 16, 2007), has continued the Export 
Administration Regulations in effect under the International Emergency 
Economic Powers Act.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information, subject to the 
requirements of the Paperwork Reduction Act, unless that collection of 
information displays a currently valid Office of Management and Budget 
Control Number. This rule contains a collection of information subject 
to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This 
collection has been approved by the Office of Management and Budget 
under control number 0694-0088, ``Multi-Purpose Application,'' which 
carries a burden hour estimate of 58 minutes for a manual or electronic 
submission.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 13132.
    4. The Department finds that there is good cause under 5 U.S.C. 
553(b)(B) to waive the provisions of the Administrative Procedure Act 
requiring prior notice and the opportunity for public comment because 
they are unnecessary. The changes made by this rule are not substantive 
changes, but rather are updates to cross-references, conformance of 
units of measure to item descriptions, and removal of outdated 
references. This rule does not alter any right, obligation or 
prohibition that applies to any person under the Export Administration 
Regulations (EAR). Because these revisions are not substantive changes, 
it is unnecessary to provide notice and opportunity for public comment. 
In addition, the 30-day delay in effectiveness required by 5 U.S.C. 
553(d) is not applicable because this rule is not a substantive rule. 
Because a notice of proposed rulemaking and an opportunity for public 
comment are not required to be given for this rule under the 
Administrative Procedure Act or by any other law, the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable.

List of Subjects

15 CFR Part 748

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

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

0
Accordingly, parts 748 and 774 of the Export Administration Regulations 
(15 CFR parts 730-774) are amended as follows:

PART 748--[AMENDED]

0
1. The authority citation for 15 CFR part 748 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 15, 2007, 72 
FR 46137 (August 16, 2007).


0
2. Supplement No. 1 to part 748 is amended by revising ``Block 6: 
Documents submitted with Application'', to read as follows:

Supplement No. 1 to Part 748 BIS-748P, BIS-748P-A: Item Appendix, and 
BIS-748P-B; End-User Appendix; Multipurpose Application Instructions

* * * * *
    Block 6: Documents submitted with Application. Review the 
documentation you are required to submit with your application in 
accordance with the provisions of part 748 of the EAR, and mark all 
applicable Boxes with an (X).

[[Page 21037]]

    Mark the Box ``Foreign Availability'' with an (X) if you are 
submitting an assertion of foreign availability with your license 
application. See part 768 of the EAR for instructions on foreign 
availability submissions.
    If you are not making a foreign availability assertion under 
part 768 of the EAR, you may still mark the box ``Foreign 
Availability'' with an (X), if you are submitting an assertion of 
foreign availability with your license application. Foreign 
availability assertions covered under part 768 are limited to items 
controlled for national security reasons. However, if an applicant 
intends to include foreign availability support material for items 
not controlled for national security reasons, applicants are 
permitted to do this as part of the license application by marking 
the box ``Foreign Availability'' with an (X) and including the 
foreign availability information, along with the support material 
for the license application. Applicants must clearly label this 
support material as ``Foreign availability information--outside the 
scope of part 768''. Although this information is outside the scope 
of part 768, applicants should still use Supplement No. 1 to part 
768 for general guidance regarding what types of information may be 
suitable for demonstrating foreign availability. The purpose of 
submitting this type of foreign availability information will be to 
make the U.S. Government more aware of the foreign availability of 
items not controlled for national security reasons.
    Mark the ``Tech. Specs.'' box with an (X) if you are submitting 
descriptive literature, brochures, technical specifications, etc. 
with your application.
* * * * *

PART 774--[AMENDED]

0
3. The authority citation for 15 CFR part 774 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; 
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., 
p. 783; Notice of August 15, 2007, 72 FR 46137 (August 16, 2007).


0
4. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities, and Equipment [and 
Miscellaneous Items], Export Control Classification Number (ECCN) 0A018 
is amended by revising the ``Related Controls'' paragraph in the List 
of Items Controlled section, to read as follows:

0A018 Items on the Wassenaar Munitions List.

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: (1) See Sec.  746.8(b)(1) for additional BIS 
licensing requirements for Rwanda concerning this entry. (2) See 
also 0A979, 0A988, and 22 CFR 121.1 Categories I(a), III(b-d), and 
X(a).
* * * * *


0
5. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' & Toxins, Export 
Control Classification Number (ECCN) 1A001 is amended by revising the 
``Related Controls'' paragraph in the List of Items Controlled section, 
to read as follows:

1A001 Components Made From Fluorinated Compounds, as Follows (See List 
of Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: (1) Items specially designed or modified for 
missiles or for items on the U.S. Munitions List are subject to the 
export licensing authority of the U.S. Department of State, 
Directorate of Defense Trade Controls (see 22 CFR 121.1 Category 
XXI). (2) See also 1C009.
* * * * *


0
6. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' & Toxins, Export 
Control Classification Number (ECCN) 1A003 is amended by revising the 
``Related Controls'' paragraph in the List of Items Controlled section, 
to read as follows:

1A003 Manufactures of Non-Fluorinated Polymeric Substances Controlled 
by 1C008.a.3 in Film, Sheet, Tape or Ribbon Form With Either of the 
Following Characteristics (See List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: This entry does not control manufactures when 
coated or laminated with copper and designed for the production of 
electronic printed circuit boards. See also 1C008.
* * * * *


0
7. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' & Toxins, Export 
Control Classification Number (ECCN) 1A005 is amended by revising the 
``Related Controls'' paragraph in the List of Items Controlled section, 
to read as follows:

1A005 Body Armor, and Specially Designed Components Therefor, Not 
Manufactured to Military Standards or Specifications, Nor to Their 
Equivalents in Performance.

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: (1) Bulletproof and bullet resistant vests 
(body armor) NIJ levels III and IV, are subject to the export 
licensing authority of the U.S. Department of State, Directorate of 
Defense Trade Controls (see 22 CFR 121.1 Categories X(a) and XIV(f, 
h)). (2) For ``fibrous or filamentary materials'' used in the 
manufacture of body armor, see ECCN 1C010. (3) See Sec.  746.8(b)(1) 
for additional licensing requirements concerning this entry.
* * * * *


0
8. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' & Toxins, Export 
Control Classification Number (ECCN) 1B003 is amended by revising the 
``Unit'' paragraph in the List of Items Controlled section, to read as 
follows:

1B003 Tools, Dies, Molds or Fixtures, for ``Superplastic Forming'' or 
``Diffusion Bonding'' Titanium or Aluminum or Their Alloys, Specially 
Designed for the Manufacture of (See List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: Tools in number; dies, molds, or fixtures in $ value
* * * * *


0
9. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' & Toxins, Export 
Control Classification Number (ECCN) 1C004 is amended by revising the 
``Related Controls'' paragraph in the List of Items Controlled section, 
to read as follows:

1C004 Uranium Titanium Alloys or Tungsten Alloys With a ``Matrix'' 
Based on Iron, Nickel or Copper, Having All of the Characteristics (See 
List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: See also 1C117 and 1C226.
* * * * *


0
10. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' & Toxins, Export 
Control Classification Number (ECCN) 1C006 is amended by revising the 
``Related Controls'' paragraph in the List of Items Controlled section, 
to read as follows:

1C006 Fluids and Lubricating Materials, as Follows (See List of Items 
Controlled).

* * * * *

[[Page 21038]]

List of Items Controlled

    Unit: * * *
    Related Controls: See also 1C996.
* * * * *


0
11. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' & Toxins, Export 
Control Classification Number (ECCN) 1C008 is amended by revising the 
``Related Controls'' paragraph in the List of Items Controlled section, 
to read as follows:

1C008 Non-Fluorinated Polymeric Substances, as Follows (See List of 
Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: See also 1A003.
* * * * *


0
12. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' & Toxins, Export 
Control Classification Number (ECCN) 1C009 is amended by revising the 
``Related Controls'' paragraph in the List of Items Controlled section, 
to read as follows:

1C009 Unprocessed Fluorinated Compounds, as Follows (See List of Items 
Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: See also 1A001.
* * * * *


0
13. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' & Toxins, Export 
Control Classification Number (ECCN) 1C011 is amended by revising the 
``Related Controls'' paragraph in the List of Items Controlled section, 
to read as follows:

1C011 Metals and Compounds, as Follows (See List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: (1) See also 1C018 and 1C111. (2) Items 
controlled by 1C011.a, and metal fuels in particle form, whether 
spherical, atomized, spheroidal, flaked or ground, manufactured from 
material consisting of 99 percent or more of items controlled by 
1C011.b. are subject to the export licensing authority of the U.S. 
Department of State, Directorate of Defense Trade Controls (see 22 
CFR 121.1 Category V).
* * * * *


0
14. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' & Toxins, Export 
Control Classification Number (ECCN) 1C012 is amended by revising the 
``Reason for Control'' paragraph in the License Requirements section 
and the ``Related Controls'' paragraph in the List of Items Controlled 
section, to read as follows:

1C012 Materials, as Follows (See List of Items Controlled).

License Requirements

    Reason for Control:

Control(s)

    Items described in 1C012 are subject to the export licensing 
authority of the Nuclear Regulatory Commission (see 10 CFR part 110, 
item 9A)).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: See also 0C002.
* * * * *


0
15. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' & Toxins, Export 
Control Classification Number (ECCN) 1D001 is amended by revising the 
``Related Controls'' paragraph in the List of Items Controlled section, 
to read as follows:

1D001 ``Software'' Specially Designed or Modified for the 
``Development'', ``Production'' or ``Use'' of Equipment Controlled by 
1B001 to 1B003.

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: (1) See ECCNs 1E101 (``use'') and 1E102 
(``development'' and ``production'') for technology for items 
controlled by this entry. (2) Also see 1D002, 1D101, 1D201, and 
1D999.
* * * * *


0
16. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' & Toxins, Export 
Control Classification Number (ECCN) 1D018 is amended by revising the 
``Related Controls'' paragraph in the List of Items Controlled section, 
to read as follows:

1D018 ``Software'' Specially Designed or Modified for the 
``Development'', ``Production'', or ``Use'' of Items Controlled by 
1B018.

* * * * *

List of Items Controlled

    Unit: $ value
    Related Controls: See Sec.  746.8(b)(1) for additional BIS 
licensing requirements for Rwanda concerning this entry.
* * * * *


0
17. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' & Toxins, Export 
Control Classification Number (ECCN) 1E002 is amended by revising the 
``Related Controls'' paragraph in the List of Items Controlled section, 
to read as follows:

1E002 Other ``Technology'', as Follows (See List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: See also 1E001, 1E101,1E102, 1E202, and 1E994 
for ``technology'' related to 1E002.e or .f.
* * * * *


0
18. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2A983 is amended by revising the ``Related Controls'' paragraph 
in the List of Items Controlled section, to read as follows:

2A983 Explosives or Detonator Detection Equipment, Both Bulk and Trace 
Based, Consisting of an Automated Device, or Combination of Devices for 
Automated Decision Making to Detect the Presence of Different Types of 
Explosives, Explosive Residue, or Detonators; and Parts and Components, 
n.e.s.

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: Also see 1A004 and 1A995.
* * * * *


0
19. In 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 ``Unit'' 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 (See List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: Machine tools in number; components in $ value
* * * * *


[[Page 21039]]



0
20. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B003 is amended by revising the ``Unit'' paragraph in the List 
of Items Controlled section, to read as follows:

2B003 ``Numerically Controlled'' or Manual Machine Tools, and Specially 
Designed Components, Controls and Accessories Therefor, Specially 
Designed for the Shaving, Finishing, Grinding or Honing of Hardened 
(Rc = 40 or More) Spur, Helical and Double-Helical Gears 
With a Pitch Diameter Exceeding 1,250 mm and a Face Width of 15% of 
Pitch Diameter or Larger Finished to a Quality of AGMA 14 or Better 
(Equivalent to ISO 1328 class 3).

* * * * *

List of Items Controlled

    Unit: Machine Tools in number; components, controls and 
accessories in $ value
* * * * *

0
21. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B004 is amended by revising the ``Unit'' and ``Related 
Controls'' paragraphs in the List of Items Controlled section, to read 
as follows:

2B004 Hot ``Isostatic Presses'', Having All of the Characteristics 
Described in the List of Items Controlled, and Specially Designed 
Components and Accessories Therefor.

* * * * *

List of Items Controlled

    Unit: Presses in number; components and accessories in $ value
    Related Controls: (1) See ECCN 2D001 for software for items 
controlled under this entry. (2) See ECCNs 2E001 (``development''), 
2E002 (``production''), and 2E101 (``use'') for technology for items 
controlled under this entry. (3) For specially designed dies, molds 
and tooling, see ECCNs 1B003, 2B018, 9B004, and 9B009. (4) For 
additional controls on dies, molds and tooling, see ECCNs 1B101.d, 
2B104 and 2B204. (5) Also see ECCNs 2B117 and 2B999.a.
* * * * *


0
22. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B005 is amended by revising the ``Related Controls'' paragraph 
in the List of Items Controlled section, to read as follows:

2B005 Equipment Specially Designed for the Deposition, Processing and 
In-Process Control of Inorganic Overlays, Coatings and Surface 
Modifications, as Follows, for Non-Electronic Substrates, by Processes 
Shown in the Table and Associated Notes Following 2E003.f, and 
Specially Designed Automated Handling, Positioning, Manipulation and 
Control Components Therefor.

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: (1) This entry does not control chemical vapor 
deposition, cathodic arc, sputter deposition, ion plating or ion 
implantation equipment specially designed for cutting or machining 
tools. (2) Vapor deposition equipment for the production of 
filamentary materials are controlled by 1B001 or 1B101. (3) Chemical 
Vapor Deposition furnaces designed or modified for densification of 
carbon-carbon composites are controlled by 2B104. (4) See also 
2B999.i.
* * * * *


0
23. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2E101 is amended by revising the ``Related Controls'' paragraph 
in the List of Items Controlled section, to read as follows:

2E101 ``Technology'' According to the General Technology Note for the 
``Use'' of Equipment or ``Software'' Controlled by 2B004, 2B009, 2B104, 
2B105, 2B109, 2B116, 2B117, 2B119 to 2B122, 2D001, 2D002 or 2D101.

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: (1) This entry controls only ``technology'' 
for 2B009 and 2B109 for spin forming machines combining the 
functions of spin forming and flow forming, and flow forming 
machines. (2) Also see 2E201.
* * * * *


0
24. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2E201 is amended by revising the ``Related Controls'' paragraph 
in the List of Items Controlled section, to read as follows:

2E201 ``Technology'' According to the General Technology Note for the 
``Use'' of Equipment or ``Software'' Controlled by 2A225, 2A226, 2B001, 
2B006, 2B007.b, 2B007.c, 2B201, 2B204, 2B206, 2B207, 2B209, 2B225 to 
2B232, 2D002, 2D201 or 2D202 for NP Reasons.

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: Also see 2E290 and 2E991.
* * * * *


0
25. 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 ``Related Controls'' paragraph in the 
List of Items Controlled section, to read as follows:

3A002 General Purpose Electronic Equipment, as Follows (See List of 
Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: ``Space qualified'' atomic frequency standards 
defined in 3A002.g.2 are subject to the export licensing authority 
of the Department of State, Directorate of Defense Trade Controls 
(22 CFR 121.1 Category XV). See also 3A292 and 3A992.
* * * * *


0
26. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3B002 is amended by revising the ``Related Controls'' paragraph in the 
List of Items Controlled section, to read as follows:

3B002 Test Equipment, Specially Designed for Testing Finished or 
Unfinished Semiconductor Devices, as Follows (See List of Items 
Controlled), and Specially Designed Components and Accessories 
Therefor.

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: See also 3A999.a and 3B992.
* * * * *


0
27. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3B992 is amended by revising the ``Related Controls'' paragraph in the 
List of Items Controlled section, to read as follows:

3B992 Equipment Not Controlled by 3B002 for the Inspection or Testing 
of Electronic Components and Materials, and Specially Designed 
Components and Accessories Therefor.

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: See also 3A992.a.
* * * * *


0
28. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3D002 is amended by revising the ``Related Controls'' paragraph in the 
List of Items Controlled section, to read as follows:

[[Page 21040]]

3D002 ``Software'' Specially Designed for the ``Use'' of Any of the 
Following (See List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: Also see 3D991.
* * * * *


0
29. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4A001 is amended by revising the ``Unit'' paragraph in the List of 
Items Controlled section, to read as follows:

4A001 Electronic Computers and Related Equipment, and ``Electronic 
Assemblies'' and Specially Designed Components Therefor.

* * * * *

List of Items Controlled

    Unit: Computers and related equipment in number; ``electronic 
assemblies'' and components in $ value
* * * * *


0
30. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4A003 is amended by revising the ``Unit'' paragraph in the List of 
Items Controlled section, to read as follows:

4A003 ``Digital Computers'', ``Electronic Assemblies'', and Related 
Equipment Therefor, as Follows, and Specially Designed Components 
Therefor.

* * * * *

List of Items Controlled

    Unit: Computers and related equipment in number; ``electronic 
assemblies'' and components in $ value
* * * * *


0
31. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4A004 is amended by revising the ``Unit'' paragraph in the List of 
Items Controlled section, to read as follows:

4A004 Computers, as Follows (See List of Items Controlled) and 
Specially Designed Related Equipment, ``Electronic Assemblies'' and 
Components Therefor.

* * * * *

List of Items Controlled

    Unit: Computers and related equipment in number; ``electronic 
assemblies'' and components in $ value
* * * * *


0
32. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4D003 is amended by revising the ``Related Controls'' paragraph in the 
List of Items Controlled section, to read as follows:

4D003 Specific ``Software'', as Follows (See List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: See also 4D993.
* * * * *


0
33. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security'', Part 1 
Telecommunications, Export Control Classification Number (ECCN) 5B001 
is amended by revising the ``Unit'' paragraph in the List of Items 
Controlled section, to read as follows:

5B001 Telecommunication Test, Inspection and Production Equipment, as 
Follows (See List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: Equipment in number; components and accessories in $ value
* * * * *


0
34. 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) 
5E002 is amended by revising the ``Related Controls'' paragraph in the 
List of Items Controlled section, to read as follows:

5E002 ``Technology'' According to the General Technology Note for the 
``Development'', ``Production'' or ``Use'' of Equipment Controlled by 
5A002 or 5B002 or ``Software'' Controlled by 5D002.

* * * * *

List of Items Controlled

    Unit: N/A
    Related Controls: See also 4E001 for 4A001.b, 4E001 for 4D001 
for 4A001.b, and 5E992.
* * * * *


0
35. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A002 is amended by revising the ``Unit'' paragraph in the List 
of Items Controlled section, to read as follows:

6A002 Optical Sensors.

* * * * *

List of Items Controlled

    Unit: Number
* * * * *


0
36. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A004 is amended by revising the ``Unit'' paragraph in the List 
of Items Controlled section, to read as follows:

6A004 Optics.

* * * * *

List of Items Controlled

    Unit: Number
* * * * *


0
37. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A005 is amended by revising the ``Unit'' paragraph in the List 
of Items Controlled section, to read as follows:

6A005 ``Lasers'' (Other Than Those Described in 0B001.g.5 or .h.6), 
Components and Optical Equipment, as Follows (See List of Items 
Controlled).

* * * * *

List of Items Controlled

    Unit: Number
* * * * *


0
38. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6D003 is amended by revising the ``License Exceptions'' section, 
to read as follows:

6D003 Other ``Software'', as Follows (See List of Items Controlled).

* * * * *

License Exceptions

    CIV: Yes, for 6D003.h.1
    TSR: Yes, except for exports or reexports to destinations 
outside of Austria, Belgium, Canada, Denmark, Finland, France, 
Germany, Greece, Ireland, Italy, Japan, Luxembourg, the Netherlands, 
Portugal, Spain, Sweden, or the United Kingdom of ``software'' for 
items controlled by 6D003.a.
* * * * *


0
39. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 8--Marine, Export Control Classification Number (ECCN) 8A001 
is amended by revising the ``Unit'' paragraph in the List of Items 
Controlled section, to read as follows:

8A001 Submersible Vehicles and Surface Vessels, as Follows (See List of 
Items Controlled).

* * * * *

List of Items Controlled

    Unit: Number
* * * * *


0
40. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 8--Marine, Export Control Classification Number (ECCN) 8D001 
is amended by

[[Page 21041]]

revising the ``License Exceptions'' section, to read as follows:

8D001 ``Software'' Specially Designed or Modified for the 
``Development'', ``Production'' or ``Use'' of Equipment or Materials 
Controlled by 8A (Except 8A018 or 8A992), 8B or 8C.

* * * * *

License Exceptions

    CIV: N/A
    TSR: Yes, except for exports or reexports to destinations 
outside of Austria, Belgium, Canada, Denmark, Finland, France, 
Germany, Greece, Ireland, Italy, Japan, Luxembourg, the Netherlands, 
Portugal, Spain, Sweden, or the United Kingdom of ``software'' 
specially designed for the ``development'' or ``production'' of 
equipment controlled by 8A001.b, 8A001.d, or 8A002.o.3.b.
* * * * *


0
41. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 8--Marine, Export Control Classification Number (ECCN) 8E001 
is amended by revising the ``License Exceptions'' section, to read as 
follows:

8E001 ``Technology'' According to the General Technology Note for the 
``Development'' or ``Production'' of Equipment or Materials Controlled 
by 8A (Except 8A018 or 8A992), 8B or 8C.

* * * * *

License Exceptions

    CIV: N/A
    TSR: Yes, except for exports or reexports to destinations 
outside of Austria, Belgium, Canada, Denmark, Finland, France, 
Germany, Greece, Ireland, Italy, Japan, Luxembourg, the Netherlands, 
Portugal, Spain, Sweden, or the United Kingdom of ``technology'' for 
items controlled by 8A001.b, 8A001.d or 8A002.o.3.b.
* * * * *


0
42. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Propulsion Systems, Space Vehicles and Related Equipment, 
Export Control Classification Number (ECCN) 9A004 is amended by 
revising the ``Unit'' paragraph in the List of Items Controlled 
section, to read as follows:

9A004 Space Launch Vehicles and ``Spacecraft''.

* * * * *

List of Items Controlled

    Unit: Number
* * * * *


0
43. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Propulsion Systems, Space Vehicles and Related Equipment, 
Export Control Classification Number (ECCN) 9B009 is amended by 
revising the ``Unit'' paragraph in the List of Items Controlled 
section, to read as follows:

9B009 Tooling Specially Designed for Producing Turbine Engine Powder 
Metallurgy Rotor Components Capable of Operating at Stress Levels of 
60% of Ultimate Tensile Strength (UTS) or More and Metal Temperatures 
of 873 K (600 [deg]C) or More.

* * * * *

List of Items Controlled

    Unit: Number
* * * * *

    Dated: April 11, 2008.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E8-8302 Filed 4-17-08; 8:45 am]

BILLING CODE 3510-33-P
