
[Federal Register: December 10, 2009 (Volume 74, Number 236)]
[Rules and Regulations]               
[Page 65661-65677]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de09-29]                         


[[Page 65661]]

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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 772 and 774



Implementation of the Wassenaar Arrangement's (WA) Task Force on 
Editorial Issues (TFEI) Revisions; Final Rule


[[Page 65662]]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 772 and 774

[Docket No. 0908271249-91275-01]
RIN 0694-AE71

 
Implementation of the Wassenaar Arrangement's (WA) Task Force on 
Editorial Issues (TFEI) Revisions

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Wassenaar Arrangement (WA) Task Force on Editorial Issues 
(TFEI) made revisions, editorial in nature, to clarify, remove 
extraneous text or correct text that appears in Export Control 
Classification Numbers (ECCNs) on the Commerce Control List of the 
Export Administration Regulations. The TFEI revisions (over 2,000) were 
agreed upon by the WA in December 2007. The WA implementation rules for 
2007 and 2008 contain only the TFEI revisions that coincided with the 
revisions to ECCNs affected by the 2007 and 2008 WA agreements. This 
rule implements the remaining TFEI revisions.

DATES: Effective Dates: This rule is effective: December 10, 2009.

FOR FURTHER INFORMATION CONTACT: Sharron Cook, Office of Exporter 
Services, Regulatory Policy Division 202-482-2440, scook@bis.doc.gov.

SUPPLEMENTARY INFORMATION:

Background

Task Force on Editorial Issues (TFEI)

    The Wassenaar Arrangement Task Force on Editorial Issues (TFEI) 
made revisions, editorial in nature, to clarify, remove extraneous text 
or correct text that appears in the Wassenaar Dual-Use List. This was 
assigned to the TFEI by the Wassenaar Arrangement in order to bring the 
Wassenaar Dual-Use List into conformity with TFEI guidelines. The TFEI 
revisions (over 2,000) were agreed upon by the WA in December 2007. 
Some of these revisions were made on October 14, 2008 (73 FR 60910) in 
the rule entitled ``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.'' More of these revisions are made in the rule entitled 
``Wassenaar Arrangement 2008 Plenary Agreements Implementation: 
Categories 1, 2, 3, 4, 5 Parts I and II, 6, 7, 8 and 9 of the Commerce 
Control List, Definitions, Reports.'' This rule implements the 
remaining TFEI revisions not included in either of the aforementioned 
rules.

Revisions to the Commerce Control List

    This rule revises a number of entries on the Commerce Control List 
(CCL) to implement the 2007 and 2008 WA TFEI agreed revisions to the 
Wassenaar List of Dual Use Goods and Technologies. As described below, 
the amendments apply to ECCNs 1A001, 1B001, 1C001, 1C002,1C003, 1C004, 
1C005, 1C007, 1C009, 1C011, 1C012, 2A001, 2B001, 2B004, 2B005, 2B009, 
2E003, 3A002, 3B002, 3C001, 3C003, 3D002, 3D003, 3D004, 3E002, 3E003, 
4A001, 4A003, 4A004, 6A007, 6B004, 6B008, 6C002, 6C004, 6C005, 6E003, 
7A001, 7A002, 7A004, 7A006, 7A008, 7B001, 7B002, 7D002, 7D003, 7E001, 
7E003, 7E004, 8B001, 8C001, 8D001, 8E001, 8E002, 9A001, 9A002, 9A003, 
9A005, 9A006, 9A010, 9A011, 9B001, 9B002, 9B003, 9B004, 9B005, 9B007, 
9B009, 9B010, 9D001, 9D003, 9D004, 9E001, and 9E003.

Category 1 Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and Toxins

    ECCN 1A001 is amended by:
    a. Adding two commas to 1A001.a to clarify that the modifiers in 
the sentence apply to each of the listed items;
    b. Adding two commas to 1A001.b to clarify that the modifiers in 
the sentence apply to each of the listed items; and
    c. Adding a comma to 1A001.c to clarify that the modifier in the 
sentence applies to each of the listed items.
    ECCN 1B001 is amended by:
    a. Adding a comma to the Heading to clarify that the modifier 
applies to each item listed before it;
    b. Adding a comma in 1B001.a, .b, and .c to clarify that the 
modifier applies to each item listed before it; and
    c. Adding two commas in 1B001.d.2 to clarify that the modifier 
applies to each item listed before it.
    ECCN 1C001 is amended by:
    a. Removing the word ``characteristics'' from Note 1.c because it 
was unnecessary;
    b. Adding the phrase ``all of the following'' to Note 1.d to 
clarify that all the parameters of the subparagraphs apply; and
    c. Adding single quotes around the two terms in 1C001.c and the 
Technical Note that follows 1C001.c.5 to indicate these terms are 
defined in this entry.
    ECCN 1C002 is amended by:
    a. Replacing the word ``or'' with ``and'' in the Note to harmonize 
with the WA text;
    b. Adding a comma in the Note to clarify that the modifier applies 
to each of the items before it;
    c. Adding single quotes around two terms in the Technical Notes to 
indicate that these terms are defined in the entry;
    d. Replacing words ``percent'' with ``% by'' in 1C002.a.1 and a.2 
to clarify the meaning of the text;
    e. Replacing ``with'' with ``having any of the following'' for 
clarity of meaning in 1C002.b.1, b.2, and b.3;
    f. Adding single quotes around terms in 1C002.b.1, b.2, and b.3 to 
indicate that these terms are defined in the entry;
    g. Replacing ``with a tensile strength of:'' with ``having any of 
the following'' in 1C002.b.4, because we moved ``tensile strength'' 
into the subparagraphs for clarity;
    h. Replacing ``with a tensile strength of:'' with ``having all of 
the following'' in 1C002.b.5 to clarify the text;
    i. Removing the word ``characteristics'' in 1C002.c, because it was 
superfluous;
    j. Removing the word ``and'' from 1C002.c.1.e because it was 
superfluous;
    k. Adding an ``and'' in 1C002.c.2.g to conform to the WA text;
    l. Adding paragraph 1C002.c.3 to conform to the WA text;
    m. Removing the term ``characteristics'' in 1C002.d because it is 
superfluous; and
    n. Replacing ``in'' with ``by'' in 1C002.d.1 to conform to WA text.
    ECCN 1C003 is amended by:
    a. Replacing the word ``characteristics'' with ``following'' in the 
Heading for clarity;
    b. Removing the superfluous word ``characteristics'' in 1C003.b and 
.c, and removing a superfluous comma in 1C003.b;
    c. Adding single quotes around `nanocrystalline' in 1C003.c and the 
Technical Note to indicate that this term is defined in this entry; and
    d. Replacing the word ``percent'' with the percent symbol in 
1C003.c.1 for clarity.
    ECCN 1C004 is amended by replacing the word ``characteristics'' 
with ``following'' in the Heading to clarify the text.
    ECCN 1C005 is amended by adding single quotes around the term 
`filaments' in 1C005.a, .b, .c, and the Technical Note to indicate that 
the term is defined in this entry.
    ECCN 1C006 is amended by:
    a. Removing the phrase ``compounds or materials'' from 1C006.a, .b 
and .c because it was superfluous;
    b. Adding single quotes around the term `silahydrocarbon oils' in 
1C006.a.1 and Technical Note to indicate that this term is defined in 
the entry;

[[Page 65663]]

    c. Adding single quotes around multiple terms in 1C006.a to 
indicate that these terms are defined in this entry;
    d. Moving a Technical Note from after 1C006.d to 1C006.a to place 
it closer in location to where the terms are used in this entry;
    e. Adding a comma in 1C006.c to clarify that the modifier applies 
to both the listed items before it;
    f. Removing a comma in 1C006.d to correct the punctuation; and
    g. Removing the word ``characteristics'' from 1C006.d because it 
was superfluous.
    ECCN 1C007 is amended by adding a comma to 1C007.a to indicate that 
the modifier applies to all the items before it.
    ECCN 1C009 is amended by deleting a superfluous comma in the 
Heading.
    ECCN 1C011 is amended by:
    a. Replacing the words ``of these'' with ``thereof'' in 1C011.a to 
clarify the text; and
    b. Revising the identical Notes after 1C011.a and .b by adding the 
phrase ``also refer to'', removing the phrase ``are controlled whether 
or not the'' and the word ``are'' to clarify the text.
    ECCN 1C012 is amended by re-indexing the Note 1C012.a, and adding 
double quotes around the term ``previously separated'' in 1C012.b to 
indicate that it is defined in Part 772.

Category 2 Materials Processing

    ECCN 2A001 is amended by:
    a. Removing the redundant Note at the beginning of the Items 
paragraph in the List of Items Controlled section, and replacing 
``tolerance'' with ``tolerances'' to correct the grammar in the Note; 
and
    b. Adding commas to indicate the modifiers apply to each item 
listed before it in 2A001.a and .b.
    ECCN 2B001 is amended by removing a superfluous comma in the Note 
following 2B001.c.
    ECCN 2B004 is amended by:
    a. Removing a comma from the Heading to correct the punctuation; 
and
    b. Adding the word ``Having'' in 2B004.b to harmonize with WA text.
    ECCN 2B005 is amended by:
    a. Adding a comma to Note 1 of the Related Controls paragraph of 
the List of Items Controlled section;
    b. Adding the word ``A'' to 2B005.a.1 to clarify the text;
    c. Adding the word ``Having'' to 2B005.a.2 to clarify the text;
    d. Adding the missing word ``deposition'', and replacing a comma 
with the word ``and'' in 2B005.c to conform to the WA text;
    e. Removing the word ``characteristics'' in 2B005.d, because it is 
superfluous; and
    f. Adding the missing word ``production'' in 2B005.f to conform to 
the WA text.
    ECCN 2B009 is amended by moving a phrase from the middle of the 
sentence to the beginning to clarify the text of the Technical Note 
following 2B009.b.
    ECCN 2E003 is amended by:
    a. Removing single quotes and replacing upper case with lower case 
letter in the phrase ``Resultant Coating'' in the Nota Bene after 
2E003.f, because it was not a defined term in this entry; and
    b. Removing the capitalization from the phrase `coating process' in 
the Nota Bene after 2E003.f to correct the capitalization.
    Notes to Table on Deposition Techniques in Category 2 are amended 
by:
    a. In Note 5, replacing the word ``percent'' with the percent 
symbol in multiple places;
    b. Replacing ``this category'' with ``Category 2'' in Note 10 to 
conform to the WA text; and
    c. Adding two commas and an ``or'' to Note 17 to conform to the WA 
text.

Category 3 Electronics

    ECCN 3A002 is amended by replacing the word ``includes'' with 
``include'' in Note 1 that follows 3A002.d.4 to correct the grammar.
    ECCN 3B002 is amended by removing commas to correct the punctuation 
in the Heading.
    ECCN 3C001 is amended by:
    a. Removing the definition in the Related Definitions paragraph of 
the List of Items Controlled section, because this term is defined in 
Part 772;
    b. Adding chemical symbols in 3C001.a, .b, and .c for clarity; and
    c. Adding double quotes around the term ``III/V compounds'' in 
3C001.d to indicate that this term is defined in Part 772.
    ECCN 3C003 is amended by:
    a. Removing a comma in the Heading to correct the punctuation; and
    b. Adding a comma in 3C003.a and .b to indicate that the modifier 
applies to each item listed before it.
    ECCN 3D002 is amended by removing the subparagraphs in the Items 
paragraph of the List of Items Controlled and adding them to the 
Heading.
    ECCN 3D003 is amended by adding single quotes around the term 
`Physics-based' in the Heading to indicate that the term is defined in 
the entry.
    ECCN 3D004 is amended by removing the superfluous word ``the'' from 
the Heading.
    ECCN 3E002 is amended by:
    a. Adding single quotes around the term `vector processor unit' in 
3E002.a and the Technical Note, as well as changing the word 
``processing'' to read ``processor'' in the Technical Note;
    b. Adding double quotes around the term ``signal processing'' in 
3E002.c to indicate that this term is defined in Part 772; and
    c. Adding double quotes around the term ``technology'' in the Note 
to 3E002.c to indicate that this term is defined in Part 772.
    ECCN 3E003 is amended by:
    a. Revising the Heading to conform to WA text; and
    b. Adding double quotes around the term ``technology'' in the Note 
to 3E003.b to indicate that this term is defined in Part 772.

Category 4 Computers

    ECCN 4A001 is amended by:
    a. Revising the Heading to conform to WA text;
    b. Replacing the word ``either'' to read ``any'' in 4A001.a to 
conform to WA text;
    c. Removing the superfluous word ``characteristics'' in 4A001.a; 
and
    d. Adding the word ``or'' to 4A001.a.1 to conform with WA text.
    ECCN 4A003 is amended by:
    a. Removing a comma in the Heading to correct the punctuation;
    b. Replacing the alphabetic indexing with hyphens in Note 1;
    c. Adding single quotes around the term `vector processors' and 
adding a parenthetical statement to indicate the location of the 
definition; and
    d. Replacing double quotes with single quotes around the terms 
`Adjusted Peak Performance' and `APP' in 4A003.b and .c to indicate 
that this term is defined in the Technical Note on the `Adjusted Peak 
Performance' located at the end of Category 4.
    ECCN 4A004 is amended by removing the comma in the Heading to 
correct the punctuation.
    Technical Note on ``Adjusted Peak Performance'' (``APP'') is 
amended by adding double quotes around the abbreviation ``APP'' 
throughout the Technical Note, and replacing the double quotes with 
single quotes around the term `vector processor(s)' in Notes 4 and 7.

Category 6 Sensors

    ECCN 6A007 is amended by:
    a. Adding the word ``and'' in 6A007.a and .b to conform to WA text; 
and
    b. Removing the phrase ``for ground, marine, submersible, space or 
airborne use,'' from 6A007.b to conform to the WA text.
    ECCN 6B004 is amended by removing a superfluous comma in the 
Heading to correct the punctuation.

[[Page 65664]]

    ECCN 6B008 is amended by adding a comma to the Heading to correct 
the punctuation.
    ECCN 6C002 is amended by:
    a. Removing a superfluous comma in the Heading to correct the 
punctuation; and
    b. Adding single quotes around the term ``mole fraction'' in 
6C002.b.1 and the Technical Note that follows to indicate that this 
term is defined in the entry.
    ECCN 6C004 is amended by:
    a. Removing a superfluous commas in Heading;
    b. Replacing a comma with the word ``and'' in 6C004.a and .e to 
conform to the WA text;
    c. Replacing ``having'' with ``and'' in 6C004.a.2;
    d. Adding the phrase ``any of'' in 6C004.b to conform to WA text; 
and
    e. Adding an ``or'' in 6C004.b.2 to conform to the WA text.
    ECCN 6C005 is amended by removing a superfluous comma in the 
Heading to correct the punctuation.
    ECCN 6E003 is amended by:
    a. Removing a superfluous commas in the Heading and 6E003.d to 
correct the punctuation;
    b. Moving the word ``optics'' from inclusion in 6D003.d to above 
6D003.d to read ``Optics'' in order to create a section heading within 
the list; and
    c. Adding a comma in 6E003.d.1 to correct the punctuation.

Category 7 Navigation and Avionics

    ECCN 7A001 is amended by:
    a. Removing superfluous commas from the Heading and 7A001.a.1 and 
a.2;
    b. Replacing a period with a semi-colon in 7A001.a.3 to correct the 
punctuation; and
    c. Adding a comma in 7A001.b to correct punctuation.
    ECCN 7A002 is amended by:
    a. Removing a superfluous comma and the word ``characteristics'' 
from the Heading to conform with WA text;
    b. Adding single quotes around the phrase `spinning mass gyros' in 
the Note that follows 7A002.b to indicate that the term is defined in 
the entry; and
    c. Moving the parenthetical phrase from the Note after 7A002.b into 
a new Technical Note to conform with the WA text.
    ECCN 7A004 is amended by removing a superfluous comma from the 
Heading to correct the punctuation.
    ECCN 7A006 is amended by replacing a comma with the word ``and'' 
and removing the word ``characteristics'' in the Heading to conform to 
the WA text.
    ECCN 7A008 is amended by replacing a comma with the word ``and'' 
and removing two commas in the Heading to correct the grammar.
    ECCN 7B001 is amended by:
    a. Adding a comma to the Heading to correct the punctuation;
    b. Adding single quotes to the terms `Maintenance Level I' and 
`Maintenance Level II' in the Related Controls and Related Definitions 
paragraphs of the List of Items Controlled section because those terms 
are defined in the entry; and
    c. Adding capitalization to ``Line Replaceable Unit'' and ``Shop 
Replaceable Assembly'' in the Related Definitions paragraph of the List 
of Items Controlled section to conform with the WA text.
    ECCN 7B002 is amended by moving the phrase ``as follows (see List 
of Items Controlled)'' to the end of the Heading and removing a 
superfluous comma to correct the punctuation.
    ECCN 7D002 is amended by:
    a. Adding a comma and removing the parenthetical to the Heading to 
conform with WA text;
    b. Adding single quotes around the term `AHRS' in the Heading and 
in the Related Controls and Related Definitions paragraphs in the List 
of Items Controlled section to indicate that this term is defined in 
this entry; and
    c. Capitalizing ``Inertial Navigation Systems'' in the Related 
Definitions paragraph of the List of Items Controlled section to 
conform to WA text.
    ECCN 7D003 is amended by:
    a. Removing a superfluous comma from the Heading to correct the 
punctuation;
    b. Replacing the word ``that'' with ``which'' in 7D003.b and .c to 
conform to WA text;
    c. Capitalizing the term ``Computer-Aided-Design'' in 7D003.e to 
conform to WA text; and
    d. Adding a comma in 7D003.e to correct the punctuation.
    ECCN 7E001 is amended by adding a comma in the Heading to correct 
the punctuation.
    ECCN 7E003 is amended by clarifying the text in the Related 
Definitions section of the List of Items Controlled section.
    ECCN 7E004 is amended by:
    a. Removing a superfluous comma from the Heading to correct the 
punctuation;
    b. Adding the phrase ``any of the following'' to 7E004.a to conform 
with the WA text;
    c. Replacing the word ``that'' with ``which'' in 7E004.a.2 and c.1 
to conform to the WA text;
    d. Adding commas to 7E004.a.3, a.4, a.7, b.5, Note to 7E004.b.5, 
b.6, c.1, and c.3 to correct the punctuation; and
    e. Adding the word ``or'' to 7E004.a.6 to conform with WA text.

Category 8 Marine

    ECCN 8B001 is amended by removing a comma and replacing a comma 
with the word ``and'' in the Heading to conform with WA text.
    ECCN 8C001 is amended by:
    a. Adding single quotes around `syntactic foam' in the Heading and 
in the Related Definitions paragraph in the List of Items Controlled 
section, to indicate that the term is defined in the entry; and
    b. Replacing a comma with the word ``and'' in the Heading to 
conform with WA text.
    ECCN 8D001 is amended by adding a comma in the Heading to correct 
the punctuation.
    ECCN 8E001 is amended by adding a comma in the Heading to correct 
the punctuation.
    ECCN 8E002 is amended by removing a superfluous comma from Heading 
to correct the punctuation.

Category 9 Propulsion Systems, Space Vehicles and Related Equipment

    Product Group A is amended by revising the Nota Bene that appears 
at the beginning by adding the missing word ``radiation'' to conform 
with the WA text.
    ECCN 9A001 is amended by:
    a. Re-indexing the Note that follows 9A001.a to conform to the WA 
text;
    b. Replacing a period with a colon in what is now paragraph b of 
Note to 9A001.a to correct the punctuation;
    c. Removing capitalization on ``type certificate'' in paragraph b.1 
of Note to 9A001.a to conform with WA text; and
    d. Adding a comma in 9A001.b to correct the punctuation.
    ECCN 9A002 is amended by adding single quotes around the term 
`Marine gas turbine engines' in the Heading and replacing double quotes 
with single quotes around the same term in the Related Definitions 
paragraph of the List of Items Controlled section to conform with the 
WA text.
    ECCN 9A003 is amended by:
    a. Replacing the phrase ``, as follows'' with ``and having any of 
the following'' in the Heading to conform with WA text; and
    b. Adding the word ``or'' in 9A003.a to conform to WA text.
    ECCN 9A005 is amended by adding a comma to the Heading to correct 
the punctuation.
    ECCN 9A006 is amended by adding a comma to the Heading to correct 
the punctuation.
    ECCN 9A010 is amended by adding a comma to the Heading to conform 
with WA text.
    ECCN 9A011 is amended by adding a comma to the Heading to conform 
with WA text.

[[Page 65665]]

    ECCN 9B001 is amended by moving the phrases ``specially designed'' 
and ``as follows (see List of Items Controlled)'' within the Heading to 
conform to WA text.
    ECCN 9B002 is amended by adding the word ``and'' to the Heading to 
conform with WA text.
    ECCN 9B003 is amended by removing a superfluous comma from the 
Heading to correct the punctuation.
    ECCN 9B004 is amended by adding a comma to the Heading to correct 
the punctuation.
    ECCN 9B005 is amended by:
    a. Removing the phrase ``wind tunnels or devices'' from the Heading 
to conform with WA text; and
    b. Moving the a phrase from 9B005.a to a new Note for 9B005.a and 
adding single quotes around the phrase `test section size' in that same 
Note and the associated Technical Note because the term is defined in 
the entry.
    ECCN 9B007 is amended by adding the word ``and'', capitalizing 
``Non-Destructive Test'' and removing the capitalization on ``x-ray'' 
in the Heading to conform with WA text;
    ECCN 9B009 is amended by capitalizing the phrase ``Ultimate Tensile 
Strength'' in the Heading to conform with WA text;
    ECCN 9B010 is amended by adding a comma to correct the punctuation 
in the Heading.
    ECCN 9D001 is amended by adding a comma to correct the punctuation 
in the Heading.
    ECCN 9D003 is amended by capitalizing and adding double quotes 
around the phrase ``Full Authority Digital Electronic Engine Controls'' 
in the Heading to indicate that this term is defined in Part 772. 
(Note: WA defines this term under ``FADEC'')
    ECCN 9D004 is amended by:
    a. Removing commas from Heading and 9D004.b to correct the 
punctuation;
    b. Adding commas to 9D004.a, .d, .e, and .g.2 to correct the 
punctuation;
    c. Replacing periods with semi-colons in 9D004.d and .e to correct 
the punctuation;
    d. Revising the Note to 9D004.d by removing the word 
``uncontrolled'' and adding the phrase ``not controlled in the Commerce 
Control List (Supplement No. 1 to Part 774)'' to conform with the WA 
text;
    e. Removing the superfluous word ``characteristics'' from 9D004.g 
to conform to the WA text; and
    f. Removing the superfluous word ``Being'' and ``Having'' from 
9D004.g.1 and g.2, respectively, to conform with WA text.
    Note at the beginning of Category 9 Group E is amended by adding 
the phrase ``9E001 to 9E003'' in the second sentence and adding a 
period to the end of the second sentence to conform to WA text.
    ECCN 9E001 is amended by:
    a. Adding a comma to the Heading to correct the punctuation; and
    b. Removing the text in the Related Definitions paragraph with ``N/
A'' because this is redundant to the Note at the beginning of Product 
Group E of Category 9.
    ECCN 9E003 is amended by:
    a. Replacing a comma with the word ``or'' in 9E003.a to conform 
with WA text;
    b. Adding a comma in Note 1 to 9E003.a.10 to correct punctuation;
    c. Adding single quotes to the term `incidence angle' in the 
Technical Note after 9E003.c.2.c to indicate that the term is defined 
in the entry; and
    d. Removing a comma from 9E003.f to correct the punctuation.
    Part 772 is amended by revising the terms ``specific modulus'' and 
``specific tensile strength'' by adding a comma after the term ``N/
m\2\'' in each definition to clarify the meaning.
    Since August 21, 2001, the Act has been in lapse. However, the 
President, through Executive Order 13222 of August 17, 2001 (3 CFR, 
2001 Comp. 783 (2002)), which has been extended by successive 
Presidential Notices, the most recent being that of August 13, 2009 (74 
FR 41,325 (August 14, 2009)), has continued the Regulations in effect 
under the International Emergency Economic Powers Act (50 U.S.C. 1701-
1707).

Saving Clause

    Shipments of items removed from license exception eligibility or 
eligibility for export without a license as a result of this regulatory 
action that were on dock for loading, on lighter, laden aboard an 
exporting carrier, or en route aboard a carrier to a port of export, on 
December 10, 2009, pursuant to actual orders for export 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 before February 8, 2010. Any such items 
not actually exported before midnight, on February 8, 2010, 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 OMB Desk Officer, New 
Executive Office Building, Washington, DC 20503; and to Jasmeet Seehra, 
OMB Desk Officer, by e-mail at jseehra@omb.eop.gov 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. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public participation, and a delay in effective date, are inapplicable 
because this regulation involves a military and foreign affairs 
function of the United States (5 U.S.C. 553(a)(1)). Further, no other 
law requires that a notice of proposed rulemaking and an opportunity 
for public comment be given for this final rule. Because a notice of 
proposed rulemaking and an opportunity for public comment are not 
required to be given for this rule under the Administrative Procedure 
Act or by any other law, the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore, 
this regulation is issued in final form. Although there is no formal 
comment period, public comments on this regulation are welcome on a 
continuing basis. Comments should be submitted to Sharron Cook, Office 
of Exporter Services, Bureau of Industry and Security, Department of 
Commerce,

[[Page 65666]]

14th and Pennsylvania Ave., NW., Room 2705, Washington, DC 20230.

List of Subjects

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

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

PART 772--[AMENDED]

0
1. 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 August 
13, 2009, 74 FR 41325 (August 14, 2009).


0
2. Section 772.1 is amended by revising terms ``specific modulus'' and 
``specific tensile strength'' to read as follows:


Sec.  772.1  Definitions of terms as used in the Export Administration 
Regulations (EAR).

* * * * *
    ``Specific modulus''. (Cat 1)--Young's modulus in pascals, 
equivalent to N/m\2\, divided by specific weight in N/m\3\, measured at 
a temperature of (296  2) K ((23  2)[deg] C) 
and a relative humidity of (50  5)%.
    ``Specific tensile strength''. (Cat 1)--Ultimate tensile strength 
in pascals, equivalent to N/m\2\, divided by specific weight in N/m\3\, 
measured at a temperature of (296  2) K ((23  
2)[deg] C) and relative humidity of (50  5)%.
* * * * *

PART 774-- [AMENDED]

0
3. 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 August 13, 2009, 74 FR 41325 (August 14, 2009).


0
4. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
1, ECCN 1A001 is amended by revising the items paragraph in the List of 
Items Controlled section, to read as follows:

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

* * * * *

1A001 Components made from fluorinated compounds, as follows (see List 
of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Seals, gaskets, sealants or fuel bladders, specially designed 
for ``aircraft'' or aerospace use, made from more than 50% by weight 
of any of the materials controlled by 1C009.b or 1C009.c;
    b. Piezoelectric polymers and copolymers, made from vinylidene 
fluoride materials, controlled by 1C009.a:
    b.1. In sheet or film form; and
    b.2. With a thickness exceeding 200 [micro]m;
    c. Seals, gaskets, valve seats, bladders or diaphragms, made 
from fluoroelastomers containing at least one vinylether group as a 
constitutional unit, specially designed for ``aircraft'', aerospace 
or missile use.

0
5. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
1, ECCN 1B001 is amended by:
0
a. Revising the Heading; and
0
b. Revising paragraphs .a, .b., .c. and .d.2, in the Items paragraph of 
the List of Items Controlled to read as follows:

1B001 Equipment for the production of fibers, prepregs, preforms or 
``composites'', controlled by 1A002 or 1C010, as follows (see List of 
Items Controlled), and specially designed components and accessories 
therefor.

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Filament winding machines of which the motions for 
positioning, wrapping and winding fibers are coordinated and 
programmed in three or more axes, specially designed for the 
manufacture of ``composite'' structures or laminates, from ``fibrous 
or filamentary materials'';
    b. Tape-laying or tow-placement machines, of which the motions 
for positioning and laying tape, tows or sheets are coordinated and 
programmed in two or more axes, specially designed for the 
manufacture of ``composite'' airframe or ``missile'' structures;
    c. Multidirectional, multidimensional weaving machines or 
interlacing machines, including adapters and modification kits, for 
weaving, interlacing or braiding fibers, to manufacture 
``composite'' structures;

    Technical Note: For the purposes of 1B001.c the technique of 
interlacing includes knitting.


    Note: 1B001.c does not control textile machinery not modified 
for the above end-uses.

    d. * * *
    d.2. Equipment for the chemical vapor deposition of elements or 
compounds, on heated filamentary substrates, to manufacture silicon 
carbide fibers;
* * * * *


0
6. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
1, ECCN 1C001 is amended by:
0
a. Revising the introductory paragraph to Note 1 paragraph c in the 
Items paragraph;
0
b. Revising the introductory paragraph to Note 1 paragraph d in the 
Items paragraph;
0
c. Revising the introductory paragraph to c in the Items paragraph;
0
d. Revising the Technical Note that follows paragraph c, to read as 
follows:

1C001 Materials specially designed for use as absorbers of 
electromagnetic waves, or intrinsically conductive polymers, as follows 
(see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. * * *

    Note 1: * * *

    c. Planar absorbers, having all of the following:
* * * * *
    d. Planar absorbers made of sintered ferrite, having all of the 
following:
* * * * *
    c. Intrinsically conductive polymeric materials with a `bulk 
electrical conductivity' exceeding 10,000 S/m (Siemens per meter) or 
a `sheet (surface) resistivity' of less than 100 ohms/square, based 
on any of the following polymers:
* * * * *

    Technical Note:  `Bulk electrical conductivity' and `sheet 
(surface) resistivity' should be determined using ASTM D-257 or 
national equivalents.



0
7. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
1, ECCN 1C002 is amended by revising the Items paragraph in the List of 
Items Controlled section, to read as follows:

1C002 Metal alloys, metal alloy powder and alloyed materials, as 
follows (see List of Items Controlled)

* * * * *

List of Items Controlled

* * * * *
    Items:

    Note:  1C002 does not control metal alloys, metal alloy powder 
and alloyed materials, for coating substrates.


    Technical Note 1: The metal alloys in 1C002 are those containing 
a higher percentage by weight of the stated metal than of any other 
element.


    Technical Note 2: `Stress-rupture life' should be measured in 
accordance with ASTM standard E-139 or national equivalents.


    Technical Note 3: `Low cycle fatigue life' should be measured in 
accordance with ASTM Standard E-606 `Recommended Practice for 
Constant-Amplitude Low-Cycle

[[Page 65667]]

Fatigue Testing' or national equivalents. Testing should be axial 
with an average stress ratio equal to 1 and a stress-concentration 
factor (Kt) equal to 1. The average stress is defined as 
maximum stress minus minimum stress divided by maximum stress.

    a. Aluminides, as follows:
    a.1. Nickel aluminides containing a minimum of 15% by weight 
aluminum, a maximum of 38% by weight aluminum and at least one 
additional alloying element;
    a.2. Titanium aluminides containing 10% by weight or more 
aluminum and at least one additional alloying element;
    b. Metal alloys, as follows, made from material controlled by 
1C002.c:
    b.1. Nickel alloys having any of the following:
    b.1.a. A `stress-rupture life' of 10,000 hours or longer at 923 
K (650 [deg]C) at a stress of 676 MPa; or
    b.1.b. A `low cycle fatigue life' of 10,000 cycles or more at 
823 K (550 [deg]C) at a maximum stress of 1,095 MPa;
    b.2. Niobium alloys having any of the following:
    b.2.a. A `stress-rupture life' of 10,000 hours or longer at 
1,073 K (800 [deg]C) at a stress of 400 MPa; or
    b.2.b. A `low cycle fatigue life' of 10,000 cycles or more at 
973 K (700 [deg]C) at a maximum stress of 700 MPa;
    b.3. Titanium alloys having any of the following:
    b.3.a. A `stress-rupture life' of 10,000 hours or longer at 723 
K (450 [deg]C) at a stress of 200 MPa; or
    b.3.b. A `low cycle fatigue life' of 10,000 cycles or more at 
723 K (450 [deg]C) at a maximum stress of 400 MPa;
    b.4 Aluminum alloys having any of the following:
    b.4.a. A tensile strength of 240 MPa or more at 473 K (200 
[deg]C); or
    b.4.b. A tensile strength of 415 MPa or more at 298 K (25 
[deg]C);
    b.5. Magnesium alloys having all the following:
    b.5.a. A tensile strength of 345 MPa or more; and
    b.5.b. A corrosion rate of less than 1 mm/year in 3% sodium 
chloride aqueous solution measured in accordance with ASTM standard 
G-31 or national equivalents;
    c. Metal alloy powder or particulate material, having all of the 
following:
    c.1. Made from any of the following composition systems:

    Technical Note: X in the following equals one or more alloying 
elements.

    c.1.a. Nickel alloys (Ni-Al-X, Ni-X-Al) qualified for turbine 
engine parts or components, i.e. with less than 3 non-metallic 
particles (introduced during the manufacturing process) larger than 
100 [micro]m in 10\9\ alloy particles;
    c.1.b. Niobium alloys (Nb-Al-X or Nb-X-Al, Nb-Si-X or Nb-X-Si, 
Nb-Ti-X or Nb-X-Ti);
    c.1.c. Titanium alloys (Ti-Al-X or Ti-X-Al);
    c.1.d. Aluminum alloys (Al-Mg-X or Al-X-Mg, Al-Zn-X or Al-X-Zn, 
Al-Fe-X or Al-X-Fe); or
    c.1.e. Magnesium alloys (Mg-Al-X or Mg-X-Al);
    c.2. Made in a controlled environment by any of the following 
processes:
    c.2.a. ``Vacuum atomization'';
    c.2.b. ``Gas atomization'';
    c.2.c. ``Rotary atomization'';
    c.2.d. ``Splat quenching'';
    c.2.e. ``Melt spinning'' and ``comminution'';
    c.2.f. ``Melt extraction'' and ``comminution''; or
    c.2.g. ``Mechanical alloying''; and
    c.3. Capable of forming materials controlled by 1C002.a or 
1C002.b;
    d. Alloyed materials, having all the following:
    d.1. Made from any of the composition systems specified by 
1C002.c.1;
    d.2. In the form of uncomminuted flakes, ribbons or thin rods; 
and
    d.3. Produced in a controlled environment by any of the 
following:
    d.3.a. ``Splat quenching'';
    d.3.b. ``Melt spinning''; or
    d.3.c. ``Melt extraction''.


0
8. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
1, ECCN 1C003 is amended by revising the Heading and the Items 
paragraph in the List of Items Controlled section, to read as follows:

1C003 Magnetic metals, of all types and of whatever form, having any of 
the following (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Initial relative permeability of 120,000 or more and a 
thickness of 0.05 mm or less;

    Technical Note: Measurement of initial permeability must be 
performed on fully annealed materials.

    b. Magnetostrictive alloys having any of the following:
    b.1. A saturation magnetostriction of more than 5 x 
10-\4\; or
    b.2. A magnetomechanical coupling factor (k) of more than 0.8; 
or
    c. Amorphous or `nanocrystalline' alloy strips, having all of 
the following:
    c.1. A composition having a minimum of 75% by weight of iron, 
cobalt or nickel;
    c.2. A saturation magnetic induction (Bs) of 1.6 T or 
more; and
    c.3. Any of the following:
    c.3.a. A strip thickness of 0.02 mm or less; or
    c.3.b. An electrical resistivity of 2 x 10-\4\; ohm 
cm or more.

    Technical Note:  `Nanocrystalline' materials in 1C003.c are 
those materials having a crystal grain size of 50 nm or less, as 
determined by X-ray diffraction.



0
9. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
1, ECCN 1C004 is amended by revising the Heading, to read as follows:

1C004 Uranium titanium alloys or tungsten alloys with a ``matrix'' 
based on iron, nickel or copper, having all of the following (see List 
of Items Controlled).

* * * * *


0
10. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
1, ECCN 1C005 is amended by revising the items paragraph in the List of 
Items Controlled section, to read as follows:

1C005 ``Superconductive'' ``composite'' conductors in lengths exceeding 
100 m or with a mass exceeding 100 g, as follows (see List of Items 
Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. ``Superconductive'' ``composite'' conductors containing one 
or more niobium-titanium `filaments', having all of the following:
    a.1. Embedded in a ``matrix'' other than a copper or copper-
based mixed ``matrix''; and
    a.2. Having a cross-section area less than 0.28 x 
10-\4\ mm \2\ (6 [mu]m in diameter for circular 
`filaments');
    b. ``Superconductive'' ``composite'' conductors consisting of 
one or more ``superconductive'' `filaments' other than niobium-
titanium, having all of the following:
    b.1. A ``critical temperature'' at zero magnetic induction 
exceeding 9.85 K (-263.31 [deg]C); and
    b.2. Remaining in the ``superconductive'' state at a temperature 
of 4.2 K (-268.96 [deg]C) when exposed to a magnetic field oriented 
in any direction perpendicular to the longitudinal axis of conductor 
and corresponding to a magnetic induction of 12 T with critical 
current density exceeding 1750 A/mm \2\ on overall cross-section of 
the conductor.
    c. ``Superconductive'' ``composite'' conductors consisting of 
one or more ``superconductive'' `filaments' which remain 
``superconductive'' above 115 K (-158.16 [deg]C).

    Technical Note:  For the purpose of 1C005, `filaments' may be in 
wire, cylinder, film, tape or ribbon form.



0
11. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
1, ECCN 1C006 is amended by revising the Items paragraph in the List of 
Items Controlled section, to read as follows:

1C006 Fluids and lubricating materials, as follows (see List of Items 
Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Hydraulic fluids containing, as their principal ingredients, 
any of the following:
    a.1. Synthetic `silahydrocarbon oils', having all of the 
following:


[[Page 65668]]


    Technical Note:  For the purpose of 1C006.a.1, `silahydrocarbon 
oils' contain exclusively silicon, hydrogen and carbon.

    a.1.a. A `flash point' exceeding 477 K (204 [deg]C);
    a.1.b. A `pour point' at 239 K (-34 [deg]C) or less;
    a.1.c. A `viscosity index' of 75 or more; and
    a.1.d. A `thermal stability' at 616 K (343 [deg]C); or
    a.2. `Chlorofluorocarbons', having all of the following:

    Technical Note:  For the purpose of 1C006.a.2, 
`chlorofluorocarbons' contain exclusively carbon, fluorine and 
chlorine.

    a.2.a. No `flash point';
    a.2.b. An `autogenous ignition temperature' exceeding 977 K (704 
[deg]C);
    a.2.c. A `pour point' at 219 K (-54 [deg]C) or less;
    a.2.d. A `viscosity index' of 80 or more; and
    a.2.e. A boiling point at 473 K (200 [deg]C) or higher;

    Technical Note:  For the purpose of 1C006.a the following 
determinations apply:
    i. `Flash point' is determined using the Cleveland Open Cup 
Method described in ASTM D-92 or national equivalents;
    ii. `Pour point' is determined using the method described in 
ASTM D-97 or national equivalents;
    iii. `Viscosity index' is determined using the method described 
in ASTM D-2270 or national equivalents;
    iv. `Thermal stability' is determined by the following test 
procedure or national equivalents:
    Twenty ml of the fluid under test is placed in a 46 ml type 317 
stainless steel chamber containing one each of 12.5 mm (nominal) 
diameter balls of M-10 tool steel, 52100 steel and naval bronze (60% 
Cu, 39% Zn, 0.75% Sn);
    The chamber is purged with nitrogen, sealed at atmospheric 
pressure and the temperature raised to and maintained at 644  6 K (371  6 [deg]C) for six hours;
    The specimen will be considered thermally stable if, on 
completion of the above procedure, all of the following conditions 
are met:
    a. The loss in weight of each ball is less than 10 mg/
mm2 of ball surface;
    b. The change in original viscosity as determined at 311 K (38 
[deg]C) is less than 25%; and
    c. The total acid or base number is less than 0.40;
    5. `Autogenous ignition temperature' is determined using the 
method described in ASTM E-659 or national equivalents.

    b. Lubricating materials containing, as their principal 
ingredients, any of the following:
    b.1. Phenylene or alkylphenylene ethers or thio-ethers, or their 
mixtures, containing more than two ether or thio-ether functions or 
mixtures thereof; or
    b.2. Fluorinated silicone fluids with a kinematic viscosity of 
less than 5,000 mm \2\/s (5,000 centistokes) measured at 298 K (25 
[deg]C);
    c. Damping or flotation fluids, with a purity exceeding 99.8%, 
containing less than 25 particles of 200 [micro]m or larger in size 
per 100 ml and made from at least 85% of any of the following:
    c.1. Dibromotetrafluoroethane;
    c.2. Polychlorotrifluoroethylene (oily and waxy modifications 
only); or
    c.3. Polybromotrifluoroethylene;
    d. Fluorocarbon electronic cooling fluids having all of the 
following:
    d.1. Containing 85% by weight or more of any of the following, 
or mixtures thereof:
    d.1.a. Monomeric forms of perfluoropolyalkylether- triazines or 
perfluoroaliphatic-ethers;
    d.1.b. Perfluoroalkylamines;
    d.1.c. Perfluorocycloalkanes; or
    d.1.d. Perfluoroalkanes;
    d.2. Density at 298 K (25 [deg]C) of 1.5 g/ml or more;
    d.3. In a liquid state at 273 K (0 [deg]C); and
    d.4. Containing 60% or more by weight of fluorine;
    e. Autogenous ignition temperature is determined using the 
method described in ASTM E-659 or national equivalents.


0
12. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
1, ECCN 1C007 is amended by revising paragraph .a in the Items 
paragraph in the List of Items Controlled section, to read as follows:

1C007 Ceramic base materials, non-``composite'' ceramic materials, 
ceramic-``matrix'' ``composite'' materials and precursor materials, as 
follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Base materials of single or complex borides of titanium, 
having total metallic impurities, excluding intentional additions, 
of less than 5,000 ppm, an average particle size equal to or less 
than 5 [micro]m and no more than 10% of the particles larger than 10 
[micro]m;
* * * * *

0
13. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
1, ECCN 1C009 is amended by revising the Heading, to read as follows:

1C009 Unprocessed fluorinated compounds as follows (see List of Items 
Controlled).

* * * * *


0
14. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
1, ECCN 1C011 is amended by revising the Items 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

* * * * *
    Items:
    a. Metals in particle sizes of less than 60 [micro]m whether 
spherical, atomized, spheroidal, flaked or ground, manufactured from 
material consisting of 99% or more of zirconium, magnesium and 
alloys thereof;

    Technical Note:  The natural content of hafnium in the zirconium 
(typically 2% to 7%) is counted with the zirconium.


    Note:  The metals or alloys specified by 1C011.a also refer to 
metals or alloys encapsulated in aluminum, magnesium, zirconium or 
beryllium.

    b. Boron or boron carbide of 85% purity or higher, and a 
particle size of 60 [micro]m or less;

    Note:  The metals or alloys specified by 1C011.b also refer to 
metals or alloys encapsulated in aluminum, magnesium, zirconium or 
beryllium.

    c. Guanidine nitrate;
    d. Nitroguanidine (NQ) (CAS 556-88-7).


0
15. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
1, ECCN 1C012 is amended by revising the Items paragraph in the List of 
Items Controlled section, to read as follows:

1C012 Materials, as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Plutonium in any form with a plutonium isotopic assay of 
plutonium-238 of more than 50% by weight;

    Note:  1C012.a does not control:
    a. Shipments with a plutonium content of 1 g or less;
    b. Shipments of 3 ``effective grams'' or less when contained in 
a sensing component in instruments.
    b. ``Previously separated'' neptunium-237 in any form.


    Note: 1C012.b does not control shipments with a neptunium-237 
content of 1 g or less.



0
16. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2, ECCN 2A001 is amended by revising the Items paragraph of 
the List of Items Controlled to read as follows:

    2A001 Anti-friction bearings and bearing systems, as follows, 
(see List of Items Controlled) and components therefor.
* * * * *

List of Items Controlled

* * * * *
    Items:

    Note:  2A001 does not control balls with tolerances specified by 
the manufacturer in accordance with ISO 3290 as grade 5 or worse.

    a. Ball bearings and solid roller bearings, having all 
tolerances specified by the manufacturer in accordance with ISO 492 
Tolerance Class 4 (or ANSI/ABMA Std 20 Tolerance Class ABEC-7 or 
RBEC-7, or other national equivalents), or better, and having both 
rings and rolling elements (ISO 5593), made from monel or beryllium;

    Note:  2A001.a does not control tapered roller bearings.

    b. Other ball bearings and solid roller bearings, having all 
tolerances specified by

[[Page 65669]]

the manufacturer in accordance with ISO 492 Tolerance Class 2 (or 
ANSI/ABMA Std 20 Tolerance Class ABEC-9 or RBEC-9, or other national 
equivalents), or better;

    Note:  2A001.b does not control tapered roller bearings.

    c. Active magnetic bearing systems using any of the following:
    c.1. Materials with flux densities of 2.0 T or greater and yield 
strengths greater than 414 MPa;
    c.2. All-electromagnetic 3D homopolar bias designs for 
actuators; or
    c.3. High temperature (450 K (177[deg]C) and above) position 
sensors.


0
17. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2, ECCN 2B001 is amended by revising the introductory text to 
the Note that follows paragraph c in the Items paragraph of the List of 
Items Controlled 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

* * * * *
    Items:
* * * * *
    c. * * *

    Notes: 2B001.c does not control grinding machines as follows: * 
* *

* * * * *


0
18. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2, ECCN 2B004 is amended by revising the Heading and the 
introductory paragraph .b in the Items paragraph of the List of Items 
Controlled 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

* * * * *
    Items:
* * * * *
    b. Having any of the following:
* * * * *


0
19. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2, ECCN 2B005 is amended by revising the Related Controls and 
Items paragraph of the List of Items Controlled 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

* * * * *
    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.
* * * * *
    Items:
    a. Chemical vapor deposition (CVD) production equipment having 
all of the following:
    a.1. A process modified for one of the following:
    a.1.a. Pulsating CVD;
    a.1.b. Controlled nucleation thermal deposition (CNTD); or
    a.1.c. Plasma enhanced or plasma assisted CVD; and
    a.2. Having any of the following:
    a.2.a. Incorporating high vacuum (equal to or less than 0.01 Pa) 
rotating seals; or
    a.2.b. Incorporating in situ coating thickness control;
    b. Ion implantation production equipment having beam currents of 
5 mA or more;
    c. Electron beam physical vapor deposition (EB-PVD) production 
equipment incorporating power systems rated for over 80 kW and 
having any of the following:
    c.1. A liquid pool level ``laser'' control system which 
regulates precisely the ingots feed rate; or
    c.2. A computer controlled rate monitor operating on the 
principle of photo-luminescence of the ionized atoms in the 
evaporant stream to control the deposition rate of a coating 
containing two or more elements;
    d. Plasma spraying production equipment having any of the 
following:
    d.1. Operating at reduced pressure controlled atmosphere (equal 
or less than 10 kPa measured above and within 300 mm of the gun 
nozzle exit) in a vacuum chamber capable of evacuation down to 0.01 
Pa prior to the spraying process; or
    d.2. Incorporating in situ coating thickness control;
    e. Sputter deposition production equipment capable of current 
densities of 0.1 mA/mm\2\ or higher at a deposition rate 15 [mu]m/h 
or more;
    f. Cathodic arc deposition production equipment incorporating a 
grid of electromagnets for steering control of the arc spot on the 
cathode;
    g. Ion plating production equipment allowing for the in situ 
measurement of any of the following:
    g.1. Coating thickness on the substrate and rate control; or
    g.2. Optical characteristics.


0
20. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2, ECCN 2B009 is amended by revising the Items paragraph of 
the List of Items Controlled to read as follows:

2B009 Spin-forming machines and flow-forming machines, which, according 
to the manufacturer's technical specifications, can be equipped with 
``numerical control'' units or a computer control and having all of the 
following characteristics (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Two or more controlled axes of which at least two can be 
coordinated simultaneously for ``contouring control''; and
    b. A roller force more than 60 kN.

    Technical Note:  For the purpose of 2B009, machines combining 
the function of spin-forming and flow-forming are regarded as flow-
forming machines.


0
21. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2, ECCN 2E003 is amended by revising the Nota Bene after 
2E003.f in the Items paragraph of the List of Items Controlled to read 
as follows:

2E003 Other ``technology'', as follows (see List of Items Controlled)

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    f. * * *
    N.B. This table should be read to control the technology of a 
particular `Coating Process' only when the resultant coating in 
column 3 is in a paragraph directly across from the relevant 
`Substrate' under column 2. For example, Chemical Vapor Deposition 
(CVD) `coating process' technical data are controlled for the 
application of `silicides' to `Carbon-carbon, Ceramic and Metal 
``matrix'' ``composites'' substrates, but are not controlled for the 
application of `silicides' to `Cemented tungsten carbide (16), 
Silicon carbide (18)' substrates. In the second case, the resultant 
coating is not listed in the paragraph under column 3 directly 
across from the paragraph under column 2 listing `Cemented tungsten 
carbide (16), Silicon carbide (18)'.


0
22. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2--Materials Processing, Notes to Table on Deposition 
Techniques are amended by revising Notes 5, 10, and 17, to read as 
follows:


[[Page 65670]]


    Note: Notes to Table on Deposition Techniques:

* * * * *
    5. MCrAlX refers to a coating alloy where M equals cobalt, iron, 
nickel or combinations thereof and X equals hafnium, yttrium, 
silicon, tantalum in any amount or other intentional additions over 
0.01% by weight in various proportions and combinations, except:
    a. CoCrAlY coatings which contain less than 22% by weight of 
chromium, less than 7% by weight of aluminum and less than 2% by 
weight of yttrium;
    b. CoCrAlY coatings which contain 22 to 24% by weight of 
chromium, 10 to 12% by weight of aluminum and 0.5 to 0.7% by weight 
of yttrium; or
    c. NiCrAlY coatings which contain 21 to 23% by weight of 
chromium, 10 to 12% by weight of aluminum and 0.9 to 1.1% by weight 
of yttrium.
* * * * *
    10. ``Technology'' for single-step pack cementation of solid 
airfoils is not controlled by Category 2.
* * * * *
    17. ``Technology'' specially designed to deposit diamond-like 
carbon on any of the following is not controlled: magnetic disk 
drives and heads, equipment for the manufacture of disposables, 
valves for faucets, acoustic diaphragms for speakers, engine parts 
for automobiles, cutting tools, punching-pressing dies, office 
automation equipment, microphones, medical devices or molds, for 
casting or molding of plastics, manufactured from alloys containing 
less than 5% beryllium.
* * * * *


0
23. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3, ECCN 3A002 is amended by revising Note 1 that follows 
paragraph d in the Items paragraph of 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

* * * * *
    Items:
* * * * *
    d. * * *

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

* * * * *


0
24. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3, ECCN 3B002 is amended by revising the Heading 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.

* * * * *


0
25. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3, ECCN 3C001 is amended by revising the Items paragraph of 
the List of Items Controlled section to read as follows:

3C001 Hetero-epitaxial materials consisting of a ``substrate'' having 
stacked epitaxially grown multiple layers of any of the following (see 
List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Silicon (Si);
    b. Germanium (Ge);
    c. Silicon Carbide (SiC); or
    d. ``III/V compounds'' of gallium or indium.


0
26. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3, ECCN 3C003 is amended by revising the Heading and the Items 
paragraph of the List of Items Controlled section to read as follows:

3C003 Organo-inorganic compounds as follows (see List of Items 
Controlled)

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Organo-metallic compounds of aluminum, gallium or indium, 
having a purity (metal basis) better than 99.999%;
    b. Organo-arsenic, organo-antimony and organo-phosphorus 
compounds, having a purity (inorganic element basis) better than 
99.999%.


0
27. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3, ECCN 3D002 is amended by revising the Heading and the Items 
paragraph of the List of Items Controlled section to read as follows:

3D002 ``Software'' specially designed for the ``use'' of equipment 
controlled by 3B001.a to .f, or 3B002.

* * * * *

List of Items Controlled

* * * * *
    Items:
    The list of items controlled is contained in the ECCN heading.


0
28. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3, ECCN 3D003 is amended by revising the Heading to read as 
follows:

3D003 `Physics-based' simulation ``software'' specially designed for 
the ``development'' of lithographic, etching or deposition processes 
for translating masking patterns into specific topographical patterns 
in conductors, dielectrics or semiconductor materials.

* * * * *


0
29. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3, ECCN 3D004 is amended by revising the Heading to read as 
follows:

3D004 ``Software'' specially designed for the ``development'' of 
equipment controlled by 3A003.

* * * * *


0
30. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3, ECCN 3E002 is amended by revising the Items paragraph of 
the List of Items Controlled section to read as follows:

3E002 ``Technology'' according to the General Technology Note other 
than that controlled in 3E001 for the ``development'' or ``production'' 
of a ``microprocessor microcircuit'', ``micro-computer microcircuit'' 
and microcontroller microcircuit core, having an arithmetic logic unit 
with an access width of 32 bits or more and any of the following 
features or characteristics (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. A `vector processor unit' designed to perform more than two 
calculations on floating-point vectors (one dimensional arrays of 
32-bit or larger numbers) simultaneously;

    Technical Note:  A `vector processor unit' is a processor 
element with built-in instructions that perform multiple 
calculations on floating-point vectors (one-dimensional arrays of 
32-bit or larger numbers) simultaneously, having at least one vector 
arithmetic logic unit.

    b. Designed to perform more than two 64-bit or larger floating-
point operation results per cycle; or
    c. Designed to perform more than four 16-bit fixed-point 
multiply-accumulate results per cycle (e.g., digital manipulation of 
analog information that has been previously converted into digital 
form, also known as digital ``signal processing'').

    Note:  3E002.c does not control ``technology'' for multimedia 
extensions.


    Notes: 
    1. 3E002 does not control ``technology'' for the ``development'' 
or ``production'' of microprocessor cores, having all of the 
following:
    a. Using ``technology'' at or above 0.130 [micro]m; and
    b. Incorporating multi-layer structures with five or fewer metal 
layers.
    2. 3E002 includes ``technology'' for digital signal processors 
and digital array processors.



[[Page 65671]]



0
31. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3. ECCN 3E003 is amended by revising the Heading and the Items 
paragraph of the List of Items Controlled section to read as follows:

3E003 Other ``technology'' for the ``development'' or ``production'' of 
the following (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Vacuum microelectronic devices;
    b. Hetero-structure semiconductor devices such as high electron 
mobility transistors (HEMT), hetero-bipolar transistors (HBT), 
quantum well and super lattice devices;

    Note:  3E003.b does not control ``technology'' for high electron 
mobility transistors (HEMT) operating at frequencies lower than 31.8 
GHz and hetero-junction bipolar transistors (HBT) operating at 
frequencies lower than 31.8 GHz.

    c. ``Superconductive'' electronic devices;
    d. Substrates of films of diamond for electronic components;
    e. Substrates of silicon-on-insulator (SOI) for integrated 
circuits in which the insulator is silicon dioxide;
    f. Substrates of silicon carbide for electronic components;
    g. Electronic vacuum tubes operating at frequencies of 31.8 GHz 
or higher.

0
32. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 4, ECCN 4A001 is amended by revising the Heading and Items 
paragraph of the List of Items Controlled section to read as follows:

4A001 Electronic computers and related equipment, having any of the 
following (see List of Items Controlled), and ``electronic assemblies'' 
and specially designed components therefor.

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Specially designed to have any of the following:
    a.1. Rated for operation at an ambient temperature below 228 K 
(-45EC) or above 358 K (85EC); or

    Note:  4A001.a.1. does not apply to computers specially designed 
for civil automobile or railway train applications.

    a.2. Radiation hardened to exceed any of the following 
specifications:
    a.2.a. A total dose of 5 x 10\3\ Gy (Si);
    a.2.b. A dose rate upset of 5 x 10\6\ Gy (Si)/s; or
    a.2.c. Single Event Upset of 1 x 10-7 Error/bit/day;
    b. Having characteristics or performing functions exceeding the 
limits in Category 5, Part 2 (``Information Security'').


0
33. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 4, ECCN 4A003 is amended by revising the Heading and Items 
paragraph of 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

* * * * *
    Items:

    Note 1: 4A003 includes the following:


--`Vector processors' (as defined in Note 7 of the ``Technical Note 
on ``Adjusted Peak Performance'' (``APP'')'');
--Array processors;
--Digital signal processors;
--Logic processors;
--Equipment designed for ``image enhancement'';
--Equipment designed for ``signal processing''.

    Note 2: The control status of the ``digital computers'' and 
related equipment described in 4A003 is determined by the control 
status of other equipment or systems provided:

    a. The ``digital computers'' or related equipment are essential 
for the operation of the other equipment or systems;
    b. The ``digital computers'' or related equipment are not a 
``principal element'' of the other equipment or systems; and
    N.B. 1: The control status of ``signal processing'' or ``image 
enhancement'' equipment specially designed for other equipment with 
functions limited to those required for the other equipment is 
determined by the control status of the other equipment even if it 
exceeds the ``principal element'' criterion.
    N.B. 2: For the control status of ``digital computers'' or 
related equipment for telecommunications equipment, see Category 5, 
Part 1 (Telecommunications).
    c. The ``technology'' for the ``digital computers'' and related 
equipment is determined by 4E.
    a. Designed or modified for ``fault tolerance'';

    Note:  For the purposes of 4A003.a., ``digital computers'' and 
related equipment are not considered to be designed or modified for 
``fault tolerance'' if they utilize any of the following:

    1. Error detection or correction algorithms in ``main storage'';
    2. The interconnection of two ``digital computers'' so that, if 
the active central processing unit fails, an idling but mirroring 
central processing unit can continue the system's functioning;
    3. The interconnection of two central processing units by data 
channels or by use of shared storage to permit one central 
processing unit to perform other work until the second central 
processing unit fails, at which time the first central processing 
unit takes over in order to continue the system's functioning; or
    4. The synchronization of two central processing units by 
``software'' so that one central processing unit recognizes when the 
other central processing unit fails and recovers tasks from the 
failing unit.
    b. ``Digital computers'' having an ``Adjusted Peak Performance'' 
(``APP'') exceeding 0.75 weighted TeraFLOPS (WT);
    c. ``Electronic assemblies'' specially designed or modified to 
be capable of enhancing performance by aggregation of processors so 
that the ``APP'' of the aggregation exceeds the limit in 4A003.b.;

    Note 1: 4A003.c applies only to ``electronic assemblies'' and 
programmable interconnections not exceeding the limit in 4A003.b. 
when shipped as unintegrated ``electronic assemblies''. It does not 
apply to ``electronic assemblies'' inherently limited by nature of 
their design for use as related equipment controlled by 4A003.e.


    Note 2: 4A003.c does not control ``electronic assemblies'' 
specially designed for a product or family of products whose maximum 
configuration does not exceed the limit of 4A003.b.

    d. [RESERVED]
    e. Equipment performing analog-to-digital conversions exceeding 
the limits in 3A001.a.5;
    f. [RESERVED]
    g. Equipment specially designed to provide external 
interconnection of ``digital computers'' or associated equipment 
that allows communications at data rates exceeding 1.25 Gbyte/s.

    Note:  4A003.g does not control internal interconnection 
equipment (e.g., backplanes, buses) passive interconnection 
equipment, ``network access controllers'' or ``communication channel 
controllers''.



0
34. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 4, ECCN 4A004 is amended by revising the Heading to read as 
follows:

4A004 Computers as follows (see List of Items Controlled) and specially 
designed related equipment, ``electronic assemblies'' and components 
therefor.

* * * * *


0
35. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 4--Computers is amended by revising Technical Note on 
``Adjusted Peak Performance'' (``APP''), located at the end of Category 
4, to read as follows:

Technical Note on ``Adjusted Peak Performance'' (``APP'')

    ``APP'' is an adjusted peak rate at which ``digital computers'' 
perform 64-bit or larger floating point additions and 
multiplications.

Abbreviations used in this Technical Note

n number of processors in the ``digital computer''
I processor number (i,....n)
ti processor cycle time (ti = 1/Fi)
Fi processor frequency
Ri peak floating point calculating rate
Wi architecture adjustment factor

    ``APP'' is expressed in Weighted TeraFLOPS (WT), in units of 
1012 adjusted floating point operations per second,

[[Page 65672]]

Outline of ``APP'' Calculation Method

    1. For each processor i, determine the peak number of 64-bit or 
larger floating-point operations, FPOi, performed per cycle for each 
processor in the ``digital computer''.

    Note: In determining FPO, include only 64-bit or larger floating 
point additions and/or multiplications. All floating point 
operations must be expressed in operations per processor cycle; 
operations requiring multiple cycles may be expressed in fractional 
results per cycle. For processors not capable of performing 
calculations on floating-point operands of 64-bits or more the 
effective calculating rate R is zero.

    2. Calculate the floating point rate R for each processor.

Ri = FPOi/ti.
3. Calculate ``APP'' as
``APP'' = W1 x R1 + W2 x R2 + * * * + Wn x Rn.

    4. For `vector processors', Wi = 0.9. For non-`vector 
processors', Wi = 0.3.

    Note 1: For processors that perform compound operations in a 
cycle, such as an addition and multiplication, each operation is 
counted.


    Note 2: For a pipelined processor the effective calculating rate 
R is the faster of the pipelined rate, once the pipeline is full, or 
the non-pipelined rate.


    Note 3: The calculating rate R of each contributing processor is 
to be calculated at its maximum value theoretically possible before 
the ``APP'' of the combination is derived. Simultaneous operations 
are assumed to exist when the computer manufacturer claims 
concurrent, parallel, or simultaneous operation or execution in a 
manual or brochure for the computer.


    Note 4: Do not include processors that are limited to input/
output and peripheral functions (e.g., disk drive, communication and 
video display) when calculating ``APP''.


    Note 5: ``APP'' values are not to be calculated for processor 
combinations (inter)connected by ``Local Area Networks'', Wide Area 
Networks, I/O shared connections/devices, I/O controllers and any 
communication interconnection implemented by ``software''.


    Note 6: ``APP'' values must be calculated for (1) processor 
combinations containing processors specially designed to enhance 
performance by aggregation, operating simultaneously and sharing 
memory; or (2) multiple memory/processor combinations operating 
simultaneously utilizing specially designed hardware.


    Note 7: A `vector processor' is defined as a processor with 
built-in instructions that perform multiple calculations on 
floating-point vectors (one-dimensional arrays of 64-bit or larger 
numbers) simultaneously, having at least 2 vector functional units 
and at least 8 vector registers of at least 64 elements each.



0
36. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6, ECCN 6A007 is amended by revising the Items paragraph of 
the List of Items Controlled section, to read as follows:

6A007 Gravity meters (gravimeters) and gravity gradiometers, as follows 
(see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Gravity meters designed or modified for ground use and having 
a static accuracy of less (better) than 10 [micro]gal;

    Note: 6A007.a does not control ground gravity meters of the 
quartz element (Worden) type.

    b. Gravity meters designed for mobile platforms and having all 
of the following:
    b.1. A static accuracy of less (better) than 0.7 mgal; and
    b.2. An in-service (operational) accuracy of less (better) than 
0.7 mgal having a time-to-steady-state registration of less than 2 
minutes under any combination of attendant corrective compensations 
and motional influences;
    c. Gravity gradiometers.


0
37. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6, ECCN 6B004 is amended by revising the Heading, to read as 
follows:

6B004 Optical equipment as follows (see List of Items Controlled).

* * * * *

0
38. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6, ECCN 6B008 is amended by revising the Heading, to read as 
follows:

6B008 Pulse radar cross-section measurement systems having transmit 
pulse widths of 100 ns or less, and specially designed components 
therefor.

* * * * *

0
39. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6, ECCN 6C002 is amended by revising the Heading and Items 
paragraph of the List of Items Controlled section, to read as follows:

6C002 Optical sensor materials as follows (see List of Items 
Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Elemental tellurium (Te) of purity levels of 99.9995% or 
more;
    b. Single crystals (including epitaxial wafers) of any of the 
following:
    b.1. Cadmium zinc telluride (CdZnTe), with zinc content less 
than 6% by `mole fraction';
    b.2. Cadmium telluride (CdTe) of any purity level; or
    b.3. Mercury cadmium telluride (HgCdTe) of any purity level.

    Technical Note:  `Mole fraction' is defined as the ratio of 
moles of ZnTe to the sum of the moles of CdTe and ZnTe present in 
the crystal.


0
40. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6, ECCN 6C004 is amended by revising the Heading and the Items 
paragraph of the List of Items Controlled section, to read as follows:

6C004 Optical materials as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Zinc selenide (ZnSe) and zinc sulphide (ZnS) ``substrate 
blanks'', produced by the chemical vapor deposition process and 
having any of the following:
    a.1. A volume greater than 100 cm\3\; or
    a.2. A diameter greater than 80 mm and a thickness of 20 mm or 
more;
    b. Boules of any of the following electro-optic materials:
    b.1. Potassium titanyl arsenate (KTA);
    b.2. Silver gallium selenide (AgGaSe2); or
    b.3. Thallium arsenic selenide (Tl3AsSe3, 
also known as TAS);
    c. Non-linear optical materials having all of the following:
    c.1. Third order susceptibility (chi 3) of 10-\6\ 
m\2\/V\2\ or more; and
    c.2. A response time of less than 1 ms;
    d. ``Substrate blanks'' of silicon carbide or beryllium 
beryllium (Be/Be) deposited materials, exceeding 300 mm in diameter 
or major axis length;
    e. Glass, including fused silica, phosphate glass, 
fluorophosphate glass, zirconium fluoride (ZrF4) and 
hafnium fluoride (HfF4) and having all of the following:
    e.1. A hydroxyl ion (OH-) concentration of less than 5 ppm;
    e.2. Integrated metallic purity levels of less than 1 ppm; and
    e.3. High homogeneity (index of refraction variance) less than 5 
x 10-6;
    f. Synthetically produced diamond material with an absorption of 
less than 10-5 cm-1 for wavelengths exceeding 
200 nm but not exceeding 14,000 nm.


0
41. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6, ECCN 6C005 is amended by revising the Heading to read as 
follows:

6C005 Synthetic crystalline ``laser'' host material in unfinished form 
as follows (see List of Items Controlled).

* * * * *

0
42. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6, ECCN 6E003 is amended by revising the Heading and Items 
paragraphs of the List of Items Controlled section, to read as follows:

6E003 Other ``technology'' as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Acoustics. None.
    b. Optical sensors. None.
    c. Cameras. None.

[[Page 65673]]

OPTICS

    d. ``Technology'' as follows:
    d.1. Optical surface coating and treatment ``technology'', 
``required'' to achieve uniformity of 99.5% or better for optical 
coatings 500 mm or more in diameter or major axis length and with a 
total loss (absorption and scatter) of less than 5 x 
10-3;
    N.B.: See also 2E003.f.
    d.2. Optical fabrication ``technology'' using single point 
diamond turning techniques to produce surface finish accuracies of 
better than 10 nm rms on non-planar surfaces exceeding 0.5 m\2\;
    e. Lasers. ``Technology'' ``required'' for the ``development'', 
``production'' or ``use'' of specially designed diagnostic 
instruments or targets in test facilities for ``SHPL'' testing or 
testing or evaluation of materials irradiated by ``SHPL'' beams;
    f. Magnetic and Electric Field Sensors. None
    g. Gravimeters. None
    h. Radar. None

0
43. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7, ECCN 7A001 is amended by revising the Heading and Items 
paragraph in the List of Items Controlled section, to read as follows:

7A001 Accelerometers as follows (see List of Items Controlled) and 
specially designed components therefor.

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Linear accelerometers having any of the following:
    a.1. Specified to function at linear acceleration levels less 
than or equal to 15 g and having any of the following:
    a.1.a. A ``bias'' ``stability'' of less (better) than 130 micro 
g with respect to a fixed calibration value over a period of one 
year; or
    a.1.b. A ``scale factor'' ``stability'' of less (better) than 
130 ppm with respect to a fixed calibration value over a period of 
one year;
    a.2. Specified to function at linear acceleration levels 
exceeding 15 g and having all of the following:
    a.2.a.A ``bias'' ``repeatability'' of less (better) than 5,000 
micro g over a period of one year; and
    a.2.b.A ``scale factor'' ``repeatability'' of less (better) than 
2,500 ppm over a period of one year; or
    a.3. Designed for use in inertial navigation or guidance systems 
and specified to function at linear acceleration levels exceeding 
100 g;
    b. Angular or rotational accelerometers, specified to function 
at linear acceleration levels exceeding 100 g.


0
44. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7, ECCN 7A002 is amended by revising the Heading and the Items 
paragraph, to read as follows:

7A002 Gyros or angular rate sensors, having any of the following (see 
List of Items Controlled) and specially designed components therefor.

List of Items Controlled

* * * * *
    Items:
    a. A ``bias'' ``stability'', when measured in a 1 g environment 
over a period of one month, and with respect to a fixed calibration 
value, of less (better) than 0.5 degree per hour when specified to 
function at linear acceleration levels up to and including 100 g;
    b. An ``angle random walk'' of less (better) than or equal to 
0.0035 degree per square root hour; or

    Note:  7A002.b does not control `spinning mass gyros'.


    Technical Note:  `Spinning mass gyros' are gyros which use a 
continually rotating mass to sense angular motion.

    c. A rate range greater than or equal to 500 degrees per second 
and having any of the following:
    c.1. A ``bias'' ``stability'', when measured in a 1 g 
environment over a period of three minutes, and with respect to a 
fixed calibration value of less (better) than 40 degrees per hour; 
or
    c.2 An ``angle random walk'' of less (better) than or equal to 
0.2 degree per square root hour; or
    d. Specified to function at linear acceleration levels exceeding 
100 g.


0
45. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7, ECCN 7A004 is amended by revising the Heading, to read as 
follows:

7A004 Gyro-astro compasses and other devices which derive position or 
orientation by means of automatically tracking celestial bodies or 
satellites, with an azimuth accuracy of equal to or less (better) than 
5 seconds of arc.

* * * * *

0
46. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7, ECCN 7A006 is amended by revising the Heading to read as 
follows:

7A006 Airborne altimeters operating at frequencies other than 4.2 to 
4.4 GHz inclusive and having any of the following (see List of Items 
Controlled).

* * * * *

0
47. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7, ECCN 7A008 is amended by revising the Heading 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.

* * * * *
0
48. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7, ECCN 7B001 is amended by revising the Heading, and the 
Related Controls and Related Definitions paragraphs in the List of 
Items Controlled section, to read as follows:

7B001 Test, calibration or alignment equipment, specially designed for 
equipment controlled by 7A (except 7A994).

* * * * *

List of Items Controlled

* * * * *
    Related Controls: (1) See also 7B101, 7B102 and 7B994. (2) This 
entry does not control test, calibration or alignment equipment for 
`Maintenance level I' or `Maintenance Level II'.
    Related Definition: (1) ``Maintenance Level I'': The failure of 
an inertial navigation unit is detected on the aircraft by 
indications from the Control and Display Unit (CDU) or by the status 
message from the corresponding sub-system. By following the 
manufacturer's manual, the cause of the failure may be localized at 
the level of the malfunctioning Line Replaceable Unit (LRU). The 
operator then removes the LRU and replaces it with a spare. (2) 
`Maintenance Level II': The defective LRU is sent to the maintenance 
workshop (the manufacturer's or that of the operator responsible for 
level II maintenance). At the maintenance workshop, the 
malfunctioning LRU is tested by various appropriate means to verify 
and localize the defective Shop Replaceable Assembly (SRA) module 
responsible for the failure. This SRA is removed and replaced by an 
operative spare. The defective SRA (or possibly the complete LRU) is 
then shipped to the manufacturer. `Maintenance Level II' does not 
include the removal of controlled accelerometers or gyro sensors 
from the SRA.
* * * * *

0
49. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7, ECCN 7B002 is amended by revising the Heading to read as 
follows:

7B002 Equipment specially designed to characterize mirrors for ring 
``laser'' gyros, as follows (see List of Items Controlled).

* * * * *

0
50. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7, ECCN 7D002 is amended by revising the Heading and the 
Related Control and Related Definitions paragraphs in the List of Items 
Controlled Section, to read as follows:

7D002 ``Source code'' for the ``use'' of any inertial navigation 
equipment, including inertial equipment not controlled by 7A003 or 
7A004, or Attitude and Heading Reference Systems (`AHRS').

* * * * *

List of Items Controlled

* * * * *
    Related Controls: (1) See also 7D102 and 7D994. (2) This entry 
does not control ``source code'' for the ``use'' of gimballed 
`AHRS'.

[[Page 65674]]

    Related Definition: ``AHRS'' generally differ from Inertial 
Navigation Systems (INS) in that an `AHRS' provides attitude and 
heading information and normally does not provide the acceleration, 
velocity and position information associated with an INS.
* * * * *

0
51. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7, ECCN 7D003 is amended by revising the Heading and Items 
paragraph in the List of Items Controlled section, to read as follows:

7D003 Other ``software'' as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. ``Software'' specially designed or modified to improve the 
operational performance or reduce the navigational error of systems 
to the levels controlled by 7A003, 7A004 or 7A008;
    b. ``Source code'' for hybrid integrated systems which improves 
the operational performance or reduces the navigational error of 
systems to the level controlled by 7A003 or 7A008 by continuously 
combining heading data with any of the following:
    b.1. Doppler radar or sonar velocity data;
    b.2. Global navigation satellite systems (i.e., GPS or GLONASS) 
reference data; or
    b.3. Data from `Data-Based Referenced Navigation' (`DBRN'') 
systems;
    c. ``Source code'' for integrated avionics or mission systems 
which combine sensor data and employ ``expert systems'';
    d. ``Source code'' for the ``development'' of any of the 
following:
    d.1. Digital flight management systems for ``total control of 
flight'';
    d.2. Integrated propulsion and flight control systems;
    d.3. Fly-by-wire or fly-by-light control systems;
    d.4. Fault-tolerant or self-reconfiguring ``active flight 
control systems'';
    d.5. Airborne automatic direction finding equipment;
    d.6. Air data systems based on surface static data; or
    d.7. Raster-type head-up displays or three dimensional displays;
    e. Computer-Aided-Design (CAD) ``software'' specially designed 
for the ``development'' of ``active flight control systems'', 
helicopter multi-axis fly-by-wire or fly-by-light controllers or 
helicopter ``circulation controlled anti-torque or circulation-
controlled direction control systems'', whose ``technology'' is 
controlled by 7E004.b, 7E004.c.1 or 7E004.c.2.


0
52. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7, ECCN 7E001 is amended by revising the Heading, to read as 
follows:

7E001 ``Technology'' according to the General Technology Note for the 
``development'' of equipment or ``software'', controlled by 7A (except 
7A994), 7B (except 7B994) or 7D (except 7D994).

* * * * *

0
53. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7, ECCN 7E003 is amended by revising the Related Definitions 
paragraph in the List of Items Controlled, to read as follows:

7E003 ``Technology'' according to the General Technology Note for the 
repair, refurbishing or overhaul of equipment controlled by 7A001 to 
7A004.

* * * * *

List of Items Controlled

    Related Definition: Refer to the Related Definitions for 7B001 
for `Maintenance Level I' or `Maintenance Level II'.
* * * * *

0
54. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7, ECCN 7E004 is amended by revising the Heading and the Items 
paragraph in the List of Items Controlled section, to read as follows:

7E004 Other ``technology'' as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. ``Technology'' for the ``development'' or ``production'' of 
any of the following:
    a.1. Airborne automatic direction finding equipment operating at 
frequencies exceeding 5 MHZ;
    a.2. Air data systems based on surface static data only, i.e., 
which dispense with conventional air data probes;
    a.3. Raster-type head-up displays or three dimensional displays, 
for ``aircraft'';
    a.4. Inertial navigation systems or gyro-astro compasses, 
containing accelerometers or gyros, controlled by 7A001 or 7A002;
    a.5. Electric actuators (i.e., electromechanical, 
electrohydrostatic and integrated actuator package) specially 
designed for ``primary flight control'';
    a.6. ``Flight control optical sensor array'' specially designed 
for implementing ``active flight control systems''; or
    a.7. ``DBRN'' systems designed to navigate underwater, using 
sonar or gravity databases, that provide a positioning accuracy 
equal to or less (better) than 0.4 nautical miles;
    b. ``Development'' ``technology'', as follows, for ``active 
flight control systems'' (including fly-by-wire or fly-by-light):
    b.1. Configuration design for interconnecting multiple 
microelectronic processing elements (on-board computers) to achieve 
``real time processing'' for control law implementation;
    b.2. Control law compensation for sensor location or dynamic 
airframe loads, i.e., compensation for sensor vibration environment 
or for variation of sensor location from the center of gravity;
    b.3. Electronic management of data redundancy or systems 
redundancy for fault detection, fault tolerance, fault isolation or 
reconfiguration;

    Note:  7E004.b.3. does not control ``technology'' for the design 
of physical redundancy.

    b.4. Flight controls that permit inflight reconfiguration of 
force and moment controls for real time autonomous air vehicle 
control;
    b.5. Integration of digital flight control, navigation and 
propulsion control data, into a digital flight management system for 
``total control of flight'';

    Note:  7E004.b.5 does not control:
    1. ``Development'' ``technology'' for integration of digital 
flight control, navigation and propulsion control data, into a 
digital flight management system for ``flight path optimization'';
    2. ``Development'' ``technology'' for ``aircraft'' flight 
instrument systems integrated solely for VOR, DME, ILS or MLS 
navigation or approaches.

    b.6. Full authority digital flight control or multisensor 
mission management systems, employing ``expert systems'';
    N.B.: For ``technology'' for Full Authority Digital Engine 
Control (``FADEC''), see 9E003.a.9.
    c. ``Technology'' for the ``development'' of helicopter systems, 
as follows:
    c.1. Multi-axis fly-by-wire or fly-by-light controllers, which 
combine the functions of at least two of the following into one 
controlling element:
    c.1.a. Collective controls;
    c.1.b. Cyclic controls;
    c.1.c. Yaw controls;
    c.2. ``Circulation-controlled anti-torque or circulation-
controlled directional control systems'';
    c.3. Rotor blades incorporating ``variable geometry airfoils'', 
for use in systems using individual blade control.

0
55. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 8, ECCN 8B001 is amended by revising the Heading, to read as 
follows:

8B001 Water tunnels having a background noise of less than 100 dB 
(reference 1 [micro]Pa, 1 Hz) in the frequency range from 0 to 500 Hz 
and designed for measuring acoustic fields generated by a hydro-flow 
around propulsion system models.

* * * * *

0
56. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 8, ECCN 8C001 is amended by revising the Heading and Related 
Definitions paragraph in the List of Items Controlled section, to read 
as follows:

8C001 `Syntactic foam' designed for underwater use and having all of 
the following (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Related Definition: `Syntactic foam' consists of hollow spheres 
of plastic or glass embedded in a resin matrix.
* * * * *

0
57. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 8, ECCN 8D001 is amended by revising the Heading to read as 
follows:

[[Page 65675]]

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.

* * * * *

0
58. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 8, ECCN 8E001 is amended by revising the Heading 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.

* * * * *

0
59. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 8, ECCN 8E002 is amended by revising the Heading to read as 
follows:

8E002 Other ``technology'' as follows (see List of Items Controlled).

* * * * *

0
60. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9 Aerospace and Propulsion is amended by revising the Nota 
Bene at the top of Product Group A to read as follows:

A. Systems, Equipment and Components

    N.B.: For propulsion systems designed or rated against neutron 
or transient ionizing radiation, see the U.S. Munitions List, 22 CFR 
part 121.

0
61. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9A001 is amended by revising the Items paragraph in 
the List of Items Controlled section, to read as follows:

9A001 Aero gas turbine engines incorporating any of the 
``technologies'' controlled by 9E003.a, as follows (See List of Items 
Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Incorporating any of the technologies controlled by 9E003.a.; 
or

    Note:  9A001.a. does not control aero gas turbine engines which 
meet all of the following:
    a. Certified by the civil aviation authority in a country listed 
in Supplement No. 1 to Part 743; and
    b. Intended to power non-military manned aircraft for which any 
of the following has been issued by a Participating State listed in 
Supplement No. 1 to Part 743 for the aircraft with this specific 
engine type:
    b.1. A civil type certificate; or
    b.2. An equivalent document recognized by the International 
Civil Aviation Organization (ICAO).

    b. Designed to power an aircraft designed to cruise at Mach 1 or 
higher, for more than 30 minutes.


0
62. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9A002 is amended by revising the Heading and Related 
Definitions paragraph of the List of Items Controlled section, to read 
as follows:

9A002 `Marine gas turbine engines' with an ISO standard continuous 
power rating of 24,245 kW or more and a specific fuel consumption not 
exceeding 0.219 kg/kWh in the power range from 35 to 100%, and 
specially designed assemblies and components therefor.

* * * * *

List of Items Controlled

* * * * *
    Related Definition: The term `marine gas turbine engines' 
includes those industrial, or aero-derivative, gas turbine engines 
adapted for a ship's electric power generation or propulsion.
* * * * *


0
63. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9A003 is amended by revising the Heading and the Items 
paragraph in the List of Items Controlled section, to read as follows:

9A003 Specially designed assemblies and components, incorporating any 
of the ``technologies'' controlled by 9E003.a, for gas turbine engine 
propulsion systems and having any of the following (see List of Items 
Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Controlled by 9A001; or
    b. Whose design or production origins are either countries in 
Country Group D:1 or unknown to the manufacturer.

0
64. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9A005 is amended by revising the Heading to read as 
follows:

9A005 Liquid rocket propulsion systems containing any of the systems or 
components, controlled by 9A006. (These items 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
65. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9A006 is amended by revising the Heading to read as 
follows:

9A006 Systems and components, specially designed for liquid rocket 
propulsion systems. (These items 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
66. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9A010 is amended by revising the Heading to read as 
follows:

9A010 Specially designed components, systems and structures, for launch 
vehicles, launch vehicle propulsion systems or ``spacecraft''. (These 
items 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
67. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9A011 is amended by revising the Heading to read as 
follows:

9A011 Ramjet, scramjet or combined cycle engines, and specially 
designed components therefor. (These items 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
68. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9B001 is amended by revising the Heading to read as 
follows:

9B001 Equipment, tooling and fixtures, specially designed for 
manufacturing gas turbine blades, vanes or tip shroud castings, as 
follows (See List of Items Controlled).

* * * * *


0
69. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9B002 is amended by revising the Heading, to read as 
follows:

9B002 On-line (real time) control systems, instrumentation (including 
sensors) or automated data acquisition and processing equipment, 
specially designed for the ``development'' of gas turbine engines, 
assemblies or components and incorporating ``technologies'' controlled 
by 9E003.a.

* * * * *


0
70. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9B003 is amended by revising the Heading, to read as 
follows:

9B003 Equipment specially designed for the ``production'' or test of 
gas turbine brush seals designed to operate at tip speeds exceeding 335 
m/s and temperatures in excess of 773 K (500[deg]C), and specially 
designed components or accessories therefor.

* * * * *


0
71. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9 Aerospace and Propulsion, Export Control Classification 
Number 9B004 is amended by revising the Heading, to read as follows:

9B004 Tools, dies or fixtures, for the solid state joining of 
``superalloy'', titanium or intermetallic airfoil-to-disk combinations 
described in 9E003.a.3 or 9E003.a.6 for gas turbines.

* * * * *


0
72. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9B005 is amended by revising the Heading and the Items 
paragraph of the

[[Page 65676]]

List of Items Controlled section to read as follows:

9B005 On-line (real time) control systems, instrumentation (including 
sensors) or automated data acquisition and processing equipment, 
specially designed for use with any of the following (see List of Items 
Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Wind tunnels designed for speeds of Mach 1.2 or more;

    Note: 9B005.a does not control wind tunnels specially designed 
for educational purposes and having a `test section size' (measured 
laterally) of less than 250 mm.


    Technical Note: `Test section size' in 9B005.a means the 
diameter of the circle, or the side of the square, or the longest 
side of the rectangle, at the largest test section location.

    b. Devices for simulating flow-environments at speeds exceeding 
Mach 5, including hot-shot tunnels, plasma arc tunnels, shock tubes, 
shock tunnels, gas tunnels and light gas guns; or
    c. Wind tunnels or devices, other than two-dimensional sections, 
capable of simulating Reynolds number flows exceeding 25 x 10 \6\.


0
73. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9B007 is amended by revising the Heading, to read as 
follows:

9B007 Equipment specially designed for inspecting the integrity of 
rocket motors and using Non-Destructive Test (NDT) techniques other 
than planar x-ray or basic physical or chemical analysis.

* * * * *


0
74. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9B009 is amended by revising the Heading, 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.

* * * * *

0
75. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9B010 is amended by revising the Heading to read as 
follows:

9B010 Equipment specially designed for the production of ``UAVs'' and 
associated systems, equipment and components, controlled by 9A012.

* * * * *

0
76. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9D001 is amended by revising the Heading, to read as 
follows:

9D001 Software'' specially designed or modified for the ``development'' 
of equipment or ``technology'', controlled by 9A (except 9A018, 9A990 
or 9A991), 9B (except 9B990 or 9B991) or 9E003.

* * * * *

0
77. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9D003 is amended by revising the Heading to read as 
follows:

9D003 Software'' specially designed or modified for the ``use'' of 
``Full Authority Digital Electronic Engine Controls'' (FADEC) for 
propulsion systems controlled by 9A (except 9A018, 9A990 or 9A991) or 
equipment controlled by 9B (except 9B990 or 9B991), as follows (see 
List of Items Controlled).

* * * * *

0
78. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9D004 is amended by revising the Heading and the Items 
paragraph of the List of Items Controlled section to read as follows:

9D004 Other ``software'' as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. 2D or 3D viscous ``software'', validated with wind tunnel or 
flight test data required for detailed engine flow modelling;
    b. ``Software'' for testing aero gas turbine engines, assemblies 
or components, specially designed to collect, reduce and analyze 
data in real time and capable of feedback control, including the 
dynamic adjustment of test articles or test conditions, as the test 
is in progress;
    c. ``Software'' specially designed to control directional 
solidification or single crystal casting;
    d. ``Software'' in ``source code'', ``object code'' or machine 
code, required for the ``use'' of active compensating systems for 
rotor blade tip clearance control;

    Note:  9D004.d does not control ``software'' embedded in 
equipment not controlled in the Commerce Control List (Supplement 
No. 1 to Part 774) or required for maintenance activities associated 
with the calibration or repair or updates to the active compensating 
clearance control system.

    e. ``Software'' specially designed or modified for the ``use'' 
of ``UAVs'' and associated systems, equipment and components, 
controlled by 9A012;
    f. ``Software'' specially designed to design the internal 
cooling passages of aero gas turbine engine blades, vanes and tip 
shrouds;
    g. ``Software'' having all of the following:
    g.1. Specially designed to predict aero thermal, aeromechanical 
and combustion conditions in aero gas turbine engines; and
    g.2. Theoretical modeling predictions of the aero thermal, 
aeromechanical and combustion conditions, which have been validated 
with actual turbine engine (experimental or production) performance 
data.
    79. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9 Aerospace and Propulsion, Product Group E is amended by 
revising the Note located at the beginning to read as follows:

E. Technology

    Note:  ``Development'' or ``production'' ``technology'' 
controlled by 9E001 to 9E003 for gas turbine engines remains 
controlled when used as ``use'' ``technology'' for repair, rebuild 
and overhaul. Excluded from 9E001 to 9E003 control are: technical 
data, drawings or documentation for maintenance activities directly 
associated with calibration, removal or replacement of damaged or 
unserviceable line replaceable units, including replacement of whole 
engines or engine modules.

* * * * *

0
80. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9E001 is amended by revising the Heading and the 
Related Definitions paragraph of the List of Items Controlled section 
to read as follows:

9E001 ``Technology'' according to the General Technology Note for the 
``development'' of equipment or ``software'', controlled by 9A001.b, 
9A004 to 9A012, 9B (except 9B990 or 9B991), or 9D (except 9D990 or 
9D991)

* * * * *

List of Items Controlled

* * * * *
    Related Definitions: N/A.
* * * * *

0
81. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9E003 is amended by revising the Items paragraph of 
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'' or 
``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

[[Page 65677]]

    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:
    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: November 30, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E9-28985 Filed 12-9-09; 8:45 am]

BILLING CODE 3510-33-P
