
[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Rules and Regulations]               
[Page 65999-66027]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de09-12]                         


[[Page 65999]]

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Part III





Department of Commerce





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Bureau of Industry and Security



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15 CFR Parts 740, 742, 743, et al.



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; Final Rule


[[Page 66000]]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 742, 743, 772, and 774

[Docket No. 0908041218-91220-01]
RIN 0694 AE58

 
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

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) maintains the 
Commerce Control List (CCL), which identifies items subject to 
Department of Commerce export controls. This final rule revises the 
Export Administration Regulations (EAR) to implement changes made to 
the Wassenaar Arrangement's List of Dual Use Goods and Technologies 
(Wassenaar List) maintained and agreed to by governments participating 
in the Wassenaar Arrangement on Export Controls for Conventional Arms 
and Dual Use Goods and Technologies (Wassenaar Arrangement, or WA). The 
Wassenaar Arrangement advocates implementation of effective export 
controls on strategic items with the objective of improving regional 
and international security and stability. To harmonize with the changes 
to the Wassenaar List, this rule revises the EAR by amending certain 
entries that are controlled for national security reasons in Categories 
1, 2, 3, 4, 5 Part I (telecommunications), 5 Part II (information 
security), 6, 7, 8, and 9; adding new entries to the CCL, revising 
reporting requirements and adding and amending EAR Definitions.
    The purpose of this final rule is to revise the CCL and definitions 
of terms used in the EAR to implement Wassenaar List revisions that 
were agreed upon in the December 2008 Wassenaar Arrangement Plenary 
Meeting.
    This rule also adds or expands unilateral U.S. export controls and 
national security export controls on certain items to make them 
consistent with the amendments made to implement the Wassenaar 
Arrangement's decisions.
    The Wassenaar Agreements that pertain to ECCNs 6A002, 6A003, and 
all related ECCNs will be implemented in a separate rule, because of 
the sensitivity of the items and complexity of procedures and controls 
for these items.

DATES: Effective Date: This rule is effective December 11, 2009.

FOR FURTHER INFORMATION CONTACT: For questions of a general nature 
contact Sharron Cook, Office of Exporter Services, Bureau of Industry 
and Security, U.S. Department of Commerce at (202) 482 2440 or E-mail: 
scook@bis.doc.gov.
    For questions of a technical nature contact:

Category 1: Bob Teer, 202 482 4749.
Category 2: George Loh, 202 482 3570.
Category 3: Brian Baker, 202 482 5534.
Category 4: Joseph Young, 202 482 4197.
Category 5 Part 1: Joseph Young, 202 482 4197.
Category 5 Part 2: Michael Pender, 202 482 2458.
Category 6: Chris Costanzo, 202 482 0718 (optics), John Varesi, 202 482 
1114 (sensors & cameras) and Mark Jaso 202 482 0987 (lasers).
Category 7: Daniel Squire 202 482 3710.
Category 8: Darrell Spires 202 482-1954.
Category 9: Gene Christensen 202 482 2984.

ADDRESSES: Comments regarding the collections of information associated 
with this rule, including suggestions for reducing the burden, should 
be sent to OMB Desk Officer, New Executive Office Building, Washington, 
DC 20503 Attention: Jasmeet Seehra, 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.

SUPPLEMENTARY INFORMATION:

Background

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

Expanded or New Export Controls

    A detailed description may be found below of all revisions to 
Export Control Classification Numbers (ECCNs) that have expanded or new 
export controls.
    This rule imposes new or expands National Security (NS) Column 1 
controls. This rule imposes a license requirement pursuant to section 
742.4(a) of the EAR for exports and reexports to all destinations, 
except Canada, of certain commodities (and related software and 
technology) described in ECCN 5A002.a.7. This rule also imposes such a 
license requirement for certain software and technology controlled 
under ECCNs 5E001.c.6, .d, and .e, and 6D003.c. These destinations have 
an ``X'' in NS column 1 of the Commerce Country Chart of Supplement No. 
1 to Part 738. The purpose of the controls is to ensure that these 
items do not make a contribution to the military potential of any other 
country or combination of countries that would prove detrimental to the 
national security of the United States. For designated terrorism 
supporting countries or embargoed countries, the applicable licensing 
policies are found in Parts 742 and 746 of the EAR, and in Supplement 
No. 1 to Part 736 of the EAR for Syria.
    This rule imposes new or expands NS Column 2 controls. This rule 
imposes a license requirement under section 742.4(a) of the EAR for 
exports and reexports of commodities (and related software and 
technology) described in ECCNs 1A004.d, 1A008, 3A001.b.10 and .h, 
5A001.h, 6A001.c, and 6A008.j.3 to destinations other than Country 
Group A:1, cooperating countries (see Supplement No. 1 to Part 740 of 
the EAR), Bulgaria, Czech Republic, Estonia, Hungary, Iceland, Latvia, 
Lithuania, Poland, Romania, Slovakia and Slovenia. This NS column 2 
license requirement applies to destinations that have an ``X'' 
indicated in NS column 2 on the Commerce Country Chart of Supplement 
No. 1 to Part 738 of the EAR. The purpose of the control is to ensure 
that these items do not make a contribution to the military potential 
of countries in Country Group D:1 that would prove detrimental to the 
national security of the United States. For designated terrorism 
supporting countries or embargoed countries, the applicable licensing 
policies are found in Parts 742 and 746 of the EAR, and Supplement No. 
1 to Part 736 of the EAR for Syria.
    The licensing policy for national security controlled items 
exported or

[[Page 66001]]

reexported to any country except a country in Country Group D:1 (see 
Supplement No. 1 to Part 740 of the EAR) is to approve license 
applications unless there is a significant risk that the items will be 
diverted to a country in Country Group D:1. The general policy for 
exports and reexports of items to Country Group D:1 is to approve 
license applications when BIS determines, on a case by case basis, that 
the items are for civilian use or would otherwise not make a 
significant contribution to the military potential of the country of 
destination that would prove detrimental to the national security of 
the United States.
    This rule imposes new or expands anti-terrorism (AT) controls. This 
rule imposes a unilateral U.S. license requirement to export and 
reexport commodities (and related software and technology) controlled 
under ECCNs 1A004.d, 1A008, 3A001.b.10 and .h, 5A001.h, 5A002.a.7, 
6A001.c, and 6A008.j.3 for AT reasons to Cuba, Iran, North Korea, Sudan 
and Syria, in addition to the national security controls imposed to 
implement the Wassenaar Arrangement's decisions.
    This rule also imposes such a license requirement for certain 
software and technology controlled under ECCNs 5E001.c.6, .d, and .e, 
and 6D003.c. These unilateral export controls are necessary because 
under Section 6(j) of the Export Administration Act of 1979 a license 
is required for items that could make a significant contribution to the 
military potential of such country or that could enhance the ability of 
such country to support acts of international terrorism. There is a 
general policy of denial for applications to export or reexport to 
terrorism supporting countries, as set forth in Part 742 of the EAR. In 
addition, certain of these countries are also subject to embargoes, as 
set forth in Part 746 of the EAR and Supplement No. 1 to Part 736 of 
the EAR for Syria. A license is also required for the export and 
reexport of these items to specially designated terrorists and foreign 
terrorist organizations, as set forth in Part 744 of the EAR; license 
applications to these parties are reviewed under a general policy of 
denial.
    All expanded foreign policy controls will be reflected in the 
Annual Foreign Policy report BIS sends to Congress.

Task Force on Editorial Issues (TFEI)

    The Wassenaar Arrangement Task Force on Editorial Issues (TFEI) 
made revisions, editorial in nature, to clarify or correct control text 
or remove extraneous text. The TFEI revisions (over 2,000) were agreed 
upon by the WA in December 2007. This rule implements only those TFEI 
revisions that coincide with the revisions to ECCNs affected by the 
2008 WA agreements and the 2007 WA agreements to Category 6. Other TFEI 
revisions will be implemented in a separate rule.

Revisions to the Commerce Control List

    This rule revises a number of entries on the Commerce Control List 
(CCL) to implement the December 2008 agreed revisions to the Wassenaar 
List of Dual Use Goods and Technologies. This rule also revises 
language to provide a complete or more accurate description of controls 
in certain ECCNs. A description of the specific amendments to the CCL 
pursuant to the December 2008 Wassenaar Agreement is provided below. 
There is one newly added ECCN--1A008, as described below. As described 
below, the amendments apply to ECCNs 1A001, 1A002, 1A003, 1A004, 1A007, 
1A008, 1B001, 1B003, 1C008 1C010, 1D003, 1E001, 1E002, 2A983, 3A001, 
3A002, 3B001, 4D001, 4D003, 4E001, 5A001, 5B001, 5D001, 5E001, 5A002, 
5B002, 5D002, 5E002, 6A001, 6A004, 6A005, 6A006, 6A008, 6A996, 6D003, 
6E993, 7A003, 8A001, 8A002, and 9A012.

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

    This rule revises the name of the Category 1 from ``Materials, 
Chemicals, ``Microorganisms,'' and Toxins'' to read ``Special Materials 
and Related Equipment, Chemicals, ``Microorganisms,'' and Toxins'' to 
more clearly describe the scope of items within this category as it has 
evolved over recent years (e.g., addition of explosive related items).
    ECCN 1A001 is amended by:
    a. Adding two commas to 1A001.a and 1A001.b, as part of the TFEI 
revisions to clarify the meaning of these paragraphs; and
    b. Modifying the format of paragraph 1A001.c to clarify that the 
items must contain both criteria. This change was made as part of the 
TFEI changes.
    ECCN 1A002 is amended as follows:
    a. Removing the redundant Note after 1A002.a, which also appeared 
after 1A002.b.2 to harmonize with the Wassenaar Arrangement's List;
    b. Replacing the word ``with'' with the phrase ``having all of the 
following'' to clarify the meaning of 1A002.b.1. This change was made 
as part of the TFEI changes;
    c. Moving or adding three Notes after 1A002.b.2 to clarify that all 
three apply to the entire entry for ECCN 1A002. The modifications are: 
Moving the existing Note concerning the repair of ``civil aircraft'' so 
that it appears as Note 1; moving the existing Note about civilian 
applications to Note 2; and adding Note 3 to release certain finished 
or semi-finished items from 1A002 control because these items do not 
have a direct influence on development, production or use on military 
relevant equipment; and
    d. Removing Technical Notes 1 and 2 that provided definitions for 
`specific modulus' and `specific tensile strength' because these terms 
are global definitions used in multiple ECCNs and are found in Part 772 
of the EAR.
    ECCN 1A003 is amended by:
    a. Revising the Heading to correct the spelling of ``polyimides'' 
and to clarify that non-fusible aromatic polyimide products in film, 
sheet, tape or ribbon form with certain characteristics are 
appropriately controlled in ECCN 1A003, because a clarification Note 
was approved by Wassenaar in 2006 that identified the forms of non-
fluorinated polymeric substances controlled by 1C008.a to include 
liquid or solids in the form of resin, powder, pellet, film, sheet, 
tape, or ribbon. It was not the intent, however, to override the 
existing Note in 1C008.a for non-fusible forms.
    a.1. Deleting the word ``characteristics'' from the Heading as part 
of the TFEI revisions.
    b. Revising the Related Controls to add a reference to 1C008.a.3 
for ``fusible'' aromatic polyimides in any form; and
    c. Replacing ``With a'' with ``A'' as a TFEI format change.
    ECCN 1A004 is amended, as follows:
    a. Adding two commas to the Heading to clarify the meaning of the 
text, as part of the TFEI revisions.
    b. Revising the License Requirement section to add RS Column 2 
controls for 1A004.d to keep the same controls that were in ECCN 
2A983.b, which are necessary because of the military utility of these 
commodities.
    b.1. Adding single quotation marks around the term `adapted for use 
in war' in related definitions and in 1A004.a, .b and .c and the term 
`riot control agents' in the related definitions section and in 
1A004.a.4.
    b.2. Adding a greek alpha symbol in front of 
``Bromobenzeneacetonitrile'' in 1A004.a.4.a and adding a greek omega 
symbol in front of ``chloroacetophenone'' in 1A004.a.4.c to conform to 
Wassenaar text.
    c. Adding a new paragraph 1A004.d to control electronic equipment 
designed for automatically detecting or identifying the presence of 
``explosives'' (as listed in the annex at the end of

[[Page 66002]]

Category 1) residues and utilizing `trace detection' techniques (e.g., 
surface acoustic wave, ion mobility spectrometry, differential mobility 
spectrometry, mass spectrometry). These new controls are added for this 
equipment to prevent potential terrorists from discovering how to 
defeat the devices and ensure they are used by properly vetted 
organizations.
    d. Adding a new Technical Note to define `trace detection'.
    e. Adding two new Notes to indicate that 1A004.d does not control 
equipment specially designed for laboratory use or non-contact walk-
through security portals.
    f. Revising paragraph b of the existing decontrol Note to clarify 
that 1A004 does not control equipment limited by design or function to 
protect against hazards specific to residential safety.
    ECCN 1A007 is amended by:
    a. Removing the License Requirement Note in order to conform to the 
Wassenaar List; and
    b. Removing the last sentence in Technical Note 2, because it is 
redundant to text already included in the Technical Note.
    ECCN 1A008 is added to control (explosive) charges, devices and 
components for national security reasons. The addition is necessary to 
make these items controlled by all participating states of WA, because 
of their utility in conventional weapons. The United States and others 
have unilaterally controlled these items for several years and there is 
agreement by the WA to broaden control of terrorist related items, such 
as these. Most of these items were controlled under ECCN 1C018, as well 
as under the International Traffic in Arms Regulations (ITAR) by the 
Directorate of Defense Trade Control (DDTC) of the Department of State. 
Now these items will be controlled for NS:2, AT:1, and UN (Iraq, North 
Korea and Rwanda) reasons under ECCN 1A008. Because of the creation of 
this new ECCN 1A008, this rule makes corresponding changes to ECCN 
1C018 (deletion of 1C018.a, .b, and .i). A reference to ECCNs 1C018 and 
1C992 is included in the Related Control paragraph of ECCN 1A008, and a 
reference to 1A008 is added to the Related Controls paragraph of 1C018. 
In addition, Related Control notes concerning State Department 
jurisdiction that were in 1C018 are also added to 1A008 when 
appropriate.
    ECCN 1B001 is amended by revising the phrase ``and/or'' to read 
``or'' in paragraph f.2 of the List of Items Controlled section, to 
clarify the meaning of the text, as part of the TFEI revisions.
    ECCN 1B003 is amended by:
    a. Revising the Heading by replacing an ``or'' with a comma, and 
adding the phrase ``any of the following'' to clarify the text as part 
of the TFEI revisions; and
    b. Revising paragraph 1B003.c to be more specific about which 
structures (1B003.a) and engines (1B003.b) the specially designed 
components are controlled for, as part of the TFEI revisions.
    ECCN 1C008 is amended by:
    a. Removing a comma in the Heading to clarify the text as part of 
the TFEI revisions;
    b. Revising Note 1 by revising the phrase ``solid form'' to read 
``solid fusible form'' to make it clear that the intent was not to 
specify non-fusible forms;
    c. Replacing Note 2 with a Nota Bene to reference ECCN 1A003 for 
controls for non-``fusible'' aromatic polyimides in film, sheet, tape, 
or ribbon form;
    d. Removing the redundant word ``acids'' from 1C008.b.2 as part of 
the TFEI revisions, because acid appears as a descriptor in each of the 
subparagraphs; and
    e. Adding single quotes around the term `glass transition 
temperature (Tg)' in 1C008.f, and in the Technical Note that follows, 
because this term is defined in the Technical Note that follows this 
paragraph.
    ECCN 1C010 is amended by:
    a. Adding a comma in the Heading to clarify the text as part of the 
TFEI revisions;
    b. Adding double quotes around the terms ``specific modulus'' and 
``specific tensile strength'' in paragraphs 1C010.a.1, a.2, b.1, b.2, 
c.1, and Note 1 after c.2, because these terms are defined in Part 772 
of the EAR;
    c. Adding a reference to ``ISO 10618 (2004) 10.2.1 Method A'' in 
the Technical Note following paragraph 1C010.b.2 and removing a 
reference to an example of a national equivalent tow test ``such as 
Japanese Industrial Standard JIS-R-7601, Paragraph 6.6.2'' to clarify 
how better to determine the properties for materials described in 
1C010.b;
    d. Replacing the word ``percent'' with the percent symbol in the 
Note to 1C010.c;
    e. Re-indexing the sub-entries in the Note to 1C010.c to conform to 
the WA text;
    f. Adding a comma and the phrase ``having any of the following'' in 
1C010.d;
    g. Adding a comma after ``as follows'' and adding the phrase 
``having all of the following'' in 1C010.e;
    h. Removing the word ``With'' in 1C010.e.2.a and e.2.b, because it 
was superfluous; and
    i. Adding single quotes around the term `glass transition 
temperature (Tg)' in 1C010.e and Notes in multiple locations to 
indicate that this term is defined within this ECCN entry.
    ECCN 1C018 is amended by:
    a. Adding a Related Control Note 8 to reference ECCN 1A008 
for shaped charges, detonating cord, and cutters and severing tools, so 
the public will know to where these items were moved;
    b. Adding a Related Control Note 9 to read ``See ECCN 
1E001 for the ``development'' or ``production'' ``technology'' for the 
commodities controlled by ECCN 1C018, but not explosives or energetic 
materials that are under the jurisdiction of U.S. Department of State, 
Directorate of Defense Trade Controls.''
    c. Removing and reserving paragraphs 1C018.a and .i, because these 
items are now controlled under the newly created ECCN 1A008, as well as 
adding a reference to ECCN 1A008 in the Related Controls paragraph of 
the List of Items Controlled section;
    d. Revising paragraph 1C018.b to remove the words ``Detonating cord 
or'', because this item was moved to ECCN1A008.
    ECCN 1D003 is amended by adding a reference to the Heading for the 
newly added paragraph 1A004.d, to add controls over software specially 
designed or modified to enable electronic equipment designed for 
automatically detecting or identifying the presence of ``explosives''. 
RS controls are also being added to this software, because of the 
utility in conventional weapons.
    ECCN 1E001 is amended by:
    a. Revising the reference to 1A006 to read 1A006.b in the Heading 
and in the NS Column 1 control paragraph, to focus the technology 
control to the development or production of `disruptors';
    b. Adding 1A008 to the Heading and to the NS Column 1 control 
paragraph, because 1E001 applies to all 1A ECCNs controlled for NS 
reasons;
    c. Removing 1C992 from the list of ECCNs not controlled by 1E001, 
because the technology used to develop and produce 1C018 is the same as 
that used to develop and produce 1C992 commodities;
    d. Adding ``RS'' to the Reasons for Control paragraph; and
    e. Adding RS Column 2 controls for technology for the development, 
production, or use of 1A004.d to maintain RS controls formerly imposed 
under ECCN 2E983;

[[Page 66003]]

    f. Adding 1A008 to the NS:1 controls;
    ECCN 1E002 is amended by:
    a. Removing a comma in the Heading to correct the punctuation, as a 
TFEI revision;
    b. Removing the word ``characteristics'' from 1E002.c.1 because it 
was unnecessary, as part of the TFEI revisions;
    c. Revising paragraphs c.1.b, c.1.b.1, and c.1.b.2 to clarify the 
text as part of the TFEI revisions;
    d. Replacing the period with a semi-colon at the end of 1E002.f to 
fix the punctuation as part of the TFEI revisions;
    e. Adding single quotes around the term `libraries' in paragraph 
1E002.g because it is a term defined in the Technical Note that follows 
that paragraph;
    f. Adding a reference in 1E002.g to 1A004.d to control `libraries' 
related to electronic equipment designed for automatically detecting or 
identifying the presence of ``explosives''; and
    g. Removing the words ``the term'' in the Technical Note following 
paragraph 1E002.g, because these words were unnecessary in the 
sentence.
    An Annex ``List of Explosives (see ECCNs 1A004 and 1A008)'' is 
added to the end of Category 1 in order to clarify the controls in 
ECCNs 1A004 and 1A008.

Category 2 Materials Processing

    ECCN 2A983 is amended by removing and reserving paragraph b in the 
Items paragraph of the List of Items Controlled, because this type of 
explosive detection equipment is now controlled for national security 
reasons under ECCN 1A004 and the technology is controlled for regional 
stability reasons under 1E001.d.

Category 3 Electronics

    Category 3 is amended by removing the last sentence in the Nota 
Bene which appears at the beginning of Category 3 and states ``If the 
integrated circuit is a silicon-based ``microcomputer microcircuit'' or 
microcontroller microcircuit described in 3A001.a.3 having an operand 
(data) word length of 8 bit or less, the status of the integrated 
circuit is determined in 3A001.a.3'', because in 2005 the Wassenaar 
Arrangement removed microcircuits manufactured from a silicon based 
semiconductor from 3A001.a.3.
    ECCN 3A001 is amended by:
    a. Revising the License Exception GBS eligibility paragraph to add 
newly controlled 3A001.b.10 (oscillators or oscillator assemblies) and 
3A001.h (solid-state power semiconductor switches, diodes, or 
`modules').
    a.1. Adding dashes in front of each of the listed items in Note 2 
after 3A001.a to be consistent with WA text.
    b. Revising the control parameters for `field programmable logic 
devices' in 3A001.a.7, by replacing 3A001.a.7.a through a.7.c with new 
paragraphs 3A001.a.7.a and 3A001.a.7.b. The parameters for field 
programmable logic devices were confusing, difficult to apply, and 
dated. The new control parameters are clearer and take into account 
advances in technology.
    c. Adding Technical Note 2 after 3A001.a.7.b to help people better 
understand the scope of this entry.
    d. Revising the parameters for 3A001.a.10 (Custom integrated 
circuits for which the function is unknown, or the control status of 
the equipment in which the integrated circuits will be used is unknown 
to the manufacturer) from more than ``1,000 terminals'' to ``1,500 
terminals'' in 3A001.a.10.a, and from a typical ``basic gate 
propagation delay time'' of less than ``0.1 ns'' to ``0.02 ns'' in 
3A001.a.10.b. The threshold for the number of terminals for custom 
integrated circuits is increased to 1,500, because integrated circuits 
with more than 1,000 terminals are losing controllability, and more 
terminals are needed for civil use integrated circuits.
    e. Revising the average output power density parameter for 
microwave power amplifiers in 3A001.b.8.b to read ``average output 
power to mass ratio'' in order to avoid any confusion with the 
parameter for antenna output, because, in the case of RF transmission, 
power density is normally expressed in terms of Watts per unit area (W/
m2) and usually applies to antenna output.
    e.1. Removing a comma after (MPM) to correct the punctuation in 
3A001.b.9;
    f. Adding a new paragraph 3A001.b.10 to control oscillators or 
oscillator assemblies and a new Technical Note to clarify calculations 
involving operating frequency. This new control concerns the enhanced 
control of equipment for generating low phase noise signals, i.e., 
synthesized frequency generators, stable oscillators and stable 
oscillator assemblies. Low phase noise performance is especially 
important for search radar systems, as it determines the ultimate 
capability of the radar to detect low radar cross-section platforms in 
the presence of clutter, which is especially useful for military 
applications. The stable oscillator sets the baseline noise performance 
of these systems. Commercial applications for low phase noise 
oscillators include digital radio using Quadrature Amplitude Modulation 
(QAM), low-jitter communications, photonic-based communications and 
low-cost reference oscillators for accurate phase measurements. Low 
phase noise test equipment is commonly used for the research 
development and evaluation of modern wireless communication 
applications including cellular phones, commercial satellites and local 
area networks (LANs).
    g. Removing the parenthetical phrase ``(i.e., `signal processing' 
devices employing elastic waves in materials)'' from 3A001.c.1 and c.2, 
because this example caused more confusion than clarity.
    h. Adding single quotes around the term `frequency side-lobe 
rejection' in 3A001.c.1.b.1 and c.1.c.3 to indicate that this is a 
defined term in the entry and adding a Technical Note below 
3A001.c.1.c.3 to define the term.
    i. Revising the `frequency side-lobe rejection' parameter from ``55 
dB'' to ``65 dB'' in 3A001.c.1.b.1 and c.1.c.3 because of technological 
advances.
    j. Revising the frequency parameter for bulk (volume) acoustic wave 
devices in 3A001.c.2 from ``2.5 GHz'' to ``6 GHz'' because of 
technological advances.
    k. Adding a Note after 3A001.c.3 to exclude acoustic wave devices 
that are limited to a single band pass, low pass, high pass or notch 
filtering, or resonating function from 3A001.c control;
    l. Revise the text ```Cells' and photovoltaic arrays as follows:'' 
to read ``'Cells' as follows:'' in 3A001.e.1 to correct an error in the 
rule published on October 14, 2008 (73 FR 60910) when photovoltaic 
arrays were removed from this paragraph;
    l.1. Adding single quotes around the term `secondary cells' to 
indicate that this term is defined in this entry.
    m. Replacing the period with a semi-colon in 3A001.e.4 to correct 
the punctuation as part of the TFEI revisions.
    n. Revising the parameters for rotary input type absolute position 
encoders in 3A001.f by removing the two subparagraphs 3A001.f.1 and f.2 
and replacing the accuracy of ``better than  2.5 seconds of 
arc'' with ``equal to or less (i.e., better) than  1.0 
second of arc'' because of technological advances.
    n.1. Replacing a period with a semi-colon after 3A001.g.2.b to 
correct punctuation for the addition of 3A001.h.
    o. Adding a new paragraph 3A001.h to control solid-state power 
semiconductor switches, diodes, and `modules', as well as a Technical 
Note to define `modules'. Several Notes are also added: Note 1 to 
explain repetitive peak off-state voltage; Note 2 to provide the scope 
(parameters) of 3A001.h; and

[[Page 66004]]

Note 3 to explain that 3A001.h does not apply to switches, diodes, or 
'modules' incorporated into equipment designed for civil automobile, 
civil railway, or ``civil aircraft'' applications. This new control for 
solid-state power semiconductor switches is added, because for military 
applications such as combat vehicles, even a small improvement in the 
maximum junction temperature of switches can have a big impact on 
reducing heat exchanger volume and weight--thus permitting the power 
converter to operate at a higher frequency, resulting in reduced power 
converter volume.
    ECCN 3A002 is amended by:
    a. Removing a comma in 3A002.a.6 to correct the punctuation;
    a.1. Making a technical correction to the switching time control 
from ``10 ns'' to ``312 ps'' to correlate this control to the carrier 
frequency points and bandwidths referenced in 3A002.d.3; and
    b. Adding a minimum synthesized frequency parameter of 3.2 GHz for 
synthesized signal generators in 3A002.d.4, as well as increasing 
(i.e., tightening) the phase noise control threshold in frequency 
regimes of greatest concern to the military, while leaving most 
commercial instruments uncontrolled. Also, by adding a Technical Note 
for 3A002.d.4 to explain what the ``F'' is in the parameter.
    3B001 is amended by:
    a. Adding a new Note after 3B001.a.1 to explain that 3B001.a.1 
includes atomic layer epitaxy equipment; and
    b. Replacing the word ``and'' with a comma to correct the grammar 
in 3B001.f.3.

Category 4 Computers

    ECCN 4D001 is amended by:
    a. Revising the Heading to harmonize with the Wassenaar Arrangement 
list;
    b. Revising the Adjusted Peak Performance (APP) parameter in the 
License Exception TSR paragraph from 0.1 Weighted TeraFLOPS (WT) to 0.5 
WT to harmonize with the increase in the APP control threshold and in 
consideration of technological advances;
    c. Adding the phrase ``equipment as follows'' to the end of 4D001.b 
to clarify this sentence, as part of the TFEI revisions; and
    d. Revising the APP parameter from ``0.04 WT'' to ``0.10 WT'' in 
4D001.b.1, because processor technology is expected to continue to 
advance while transistors continue to shrink in size. The control level 
for software and technology is adjusted to 0.10 WT in consideration of 
the processors that are available in 2009.
    ECCN 4D003 is amended by:
    a. Revising the Heading by making the former 4D003.c the Heading, 
because 4D003.c is the only paragraph left in the entry;
    b. Revising the License Exception TSR paragraph to replace the 
existing text ``Yes, except 4D003.c'' with ``N/A'', because 4D003.c is 
now the Heading;
    c. Revising the Related Controls paragraph to direct the reader to 
Category 5, Part 2, regarding the treatment of information security;
    d. Deleting 4D003.a (Operating system ``software'', ``software'' 
development tools and compilers specially designed for ``multi-data-
stream processing'' equipment, in ``source code''), because nearly all 
hardware now includes support for ``multi-data-stream processing'' and 
a huge array of software available in ``source code'' is readily 
available throughout the world and on the internet; and
    e. Removing paragraph 4D003.c and moving this control parameter to 
the Heading, because it's the only paragraph left in this entry.
    WA agreed to remove the definition for ``multi-data stream 
processing'' from the WA definitions, because WA agreed to remove 
4D003.a which was the only place where the term was used on the WA 
list. However, the term is still used on the CCL in ECCN 4E993, a 
unilateral entry, and therefore, this rule does not remove the term 
``multi-data-stream processing'' from Part 772 of the EAR.
    ECCN 4E001 is amended by:
    a. Revising the Heading by making editorial revisions as part of 
the TFEI revisions;
    b. Revising the License Exception TSR paragraph by revising the APP 
threshold from ``0.1 WT'' to ``0.5 WT'' to harmonize with the increase 
in the APP control threshold and in consideration of technological 
advances;
    c. Adding the phrase ``equipment as follows'' to the end of 4E001.b 
to clarify this sentence, as part of the TFEI revisions; and
    d. Revising the APP parameter from ``0.04 WT'' to ``0.10 WT'' in 
4E001.b.1, because processor technology is expected to continue to 
advance while transistors continue to shrink in size. The control level 
for software and technology is adjusted to 0.10 WT in consideration of 
the processors currently available.

Category 5, Part I Telecommunications

    ECCN 5A001 is amended by:
    a. Revising the NS Column 2 control paragraph to add 5A001.h, which 
is a newly added control for electronic equipment designed or modified 
to prematurely activate or prevent the initiation of Radio Controlled 
Improvised Explosive Devices (RCIED);
    b. Revising the License Exception LVS paragraph to add eligibility 
for 5A001.h at the $5,000 limit to accommodate low value shipments to 
countries listed in Country Group B;
    c. Revising 5A001.f, f.1, and f.2 by making editorial revisions as 
part of the TFEI revisions;
    d. Adding a new parameter paragraph 5A001.f.3, regarding jamming 
equipment, to ensure that telephony systems cannot be disrupted by 
undesirable elements and organizations;
    e. Replacing the reference to the ``Munitions List'' with the 
equivalent U.S. regulations ``International Traffic in Arms Regulations 
(ITAR) (22 CFR Parts 120-130)'' in the Nota Bene following 5A001.f.3;
    f. Removing a period from ``5A001.g.'' to read ``5A001.g'' in the 
Note after 5A001.g to correction the punctuation; and
    g. Adding a new control paragraph 5A001.h to control electronic 
equipment designed or modified to prematurely activate or prevent the 
initiation of Radio Controlled Improvised Explosive Devices as part of 
the multilateral effort to stem terrorist activities.
    h. Adding a Nota Bene after paragraph 5A001.h to reference the 
ITAR, because some specific equipment classified under 5A001.h may be 
under the jurisdiction of the Directorate of Defense Trade Control, 
Department of State.
    ECCN 5B001 is amended by:
    a. Revising the Heading to add clarifying text to more accurately 
describe the scope of this entry as part of the TFEI revisions.
    b. Removing reference to ECCNs 5D001 and 5E001 from 5B001.a to 
remove the ambiguity of the reference.
    c. Adding a comma to 5B001.a to clarify the text as part of the 
TFEI revisions;
    d. Removing a period from ``5B001.a.'' to read ``5B001.a'' in the 
Note after 5B001.a to correct the punctuation.
    e. Adding text that limits the scope of parameter in 5B001.b.2.b to 
clarify that this paragraph does not control equipment for development 
of optical amplification using praseodymium-doped fibers, and that this 
control is limited to equipment for development of praseodymium-doped 
fibers. The control language of 5B001.b.2 is nearly identical to that 
of 5E001.c.2, which indicates that these two sections were intended to 
be harmonized. Nevertheless, the scope of control of optical 
amplification in 5B001.b.2.b (all optical amplification) is much 
broader than the corresponding scope of control in 5E001.c.2.b (limited 
to optical

[[Page 66005]]

amplification using praseodymium-doped fluoride fiber amplifiers 
(PDFFA)).
    f. Capitalizing the words ``Quadrature-Amplitude-Modulation'' in 
5B001.b.4 because it is followed by an acronym, as part of the TFEI 
revisions.
    ECCN 5D001 is amended by;
    a. Revising the Heading to make editorial revisions as part of the 
TFEI revisions;
    b. Adding a comma after ``equipment'' and removing a comma and 
replacing the period with a semi-colon in 5D001.a to correct the 
punctuation as part of the TFEI revisions;
    c. Removing the reference to 5B001 in 5D001.a because the intent 
was to refer to 5A001 only;
    d. Replacing a period with a semi-colon in 5D001.b and .c to 
correct the punctuation, as part of the TFEI revisions;
    e. Adding a comma to the number 1750 in 5D001.d.2.a to correct the 
punctuation, as part of the TFEI revisions; and
    f. Capitalizing Quadrature-Amplitude-Modulation in 5D001.d.4 
because it is followed by an acronym, as part of the TFEI revisions.
    ECCN 5E001 is amended by:
    a. Removing a comma in the Heading to correct the punctuation as 
part of the TFEI revisions.
    b. Making editorial revisions in 5E001.a, including removing the 
reference to ECCN 5B001 and revising the reference to 5D001 to read 
5D001.a, to focus the ECCN on control, as part of the TFEI revisions.
    c. Revising ``technologies'' to read ``technology'' and removing a 
comma in 5E001.b to correct the sentence as part of the TFEI revisions.
    d. Replacing the period with a semi-colon in 5E001.b.4 to correct 
the punctuation as part of the TFEI revisions.
    e. Removed the phrase ``telecommunication transmission or switching 
equipment, functions or features'' in 5E001.c because it was 
unnecessary, as part of the TFEI revisions.
    f. Capitalized ``Praseodymium-Doped Fluoride Fiber Amplifiers'' in 
5E001.c.2.b, because it is followed by an acronym, as part of the TFEI 
revisions.
    g. Replacing the control parameter ``exceeding 8 optical carriers 
in a single optical window'' with ``of optical carriers at less than 
100 GHz spacing'' for equipment employing a ``laser'' in 5E001.c.2.d. 
``The number of optical carriers in a single window'' is not 
technically adequate in specifying such equipment because the size of 
``a single window'' (equal to the range of wavelength) is not always 
the same. Therefore, ``spacing'' in GHz was adopted as the parameter 
for defining this technology.
    h. Adding a Nota Bene to reference Product Group E of Category 6 
for ``technology'' for the ``development'' or ``production'' of non-
telecommunications equipment employing a ``laser''.
    i. Capitalizing the words ``Amplitude-Modulation'' in 5E001.c.4.a 
because it is followed by an acronym, as part of the TFEI revisions.
    j. Making minor changes to 5E001.c.4.c (removing the word ``or'' 
from the end of that clause) and c.5 (inserting the word ``or'' at the 
end of that clause), as a result of adding a new paragraph 5E001.c.6 to 
control ``technology'' according to the General Technology Note for the 
``development'' or ``production'' of mobile equipment. Until recently, 
component technology and related communications technology have been 
the major obstacles in developing practical, wideband UV communications 
systems. However, component technology has recently advanced. 
Ultraviolet communications systems technology provides a means of 
highly covert, non-line-of-sight (NLOS) communications and Ethernet-
speed wireless digital communications which are of strategic interest 
and concern.
    k. Adding two new paragraphs 5E001.d and .e to control 
``technology'' according to the General Technology Note for the 
``development'' or ``production'' of Microwave Monolithic Integrated 
Circuit (MMIC) power amplifiers specially designed for 
telecommunications, and electronic devices and circuits containing 
components manufactured from ``superconductive'' materials, specially 
designed for telecommunications. The aim of these new controls is to 
clarify the status of technology for the development or production of 
two classes of components, MMIC power amplifiers and superconductor 
devices. If the devices are not specially designed for 
telecommunications and specified in Category 3, the corresponding 
technology for their development or production is controlled by 
reference in Category 3, Group E. Category 5, Part 1 did not specify 
MMIC power amplifiers or superconductor devices (such as high-Q 
superconductor filter, used in wireless systems). As such, the 
controllability of the technologies was in question even where the 
technologies exceeded Category 3 control thresholds and were the same 
technologies for the more generally designed Category 3 devices. Adding 
the new control paragraphs to 5E001 clarifies the control status of 
these technologies when specially designed for telecommunications 
devices.

Category 5, Part 2 ``Information Security''

    ECCN 5A002 is amended by:
    a. Making editorial changes to the Note at the beginning of the 
Items paragraph of the List of Items Controlled section by removing the 
parenthesis around paragraph letters `a' through `g' to make the entry 
consistent with other ECCN entries as part of the TFEI revisions.
    b. Revising the Note at the beginning of the Items paragraph of the 
List of Items Controlled section by adding a new paragraph `h' to 
release from 5A002 control equipment specially designed for the 
servicing of portable or mobile radiotelephones and similar client 
wireless devices that meet all the provisions of the Cryptography Note, 
as well as other listed parameters. The mass-marketed mobile devices 
include several kinds of product security features, both in hardware 
and ``software''. The product security features require service 
equipment capable of having a coded signal with the mobile devices 
being serviced. The equipment to be decontrolled includes test devices, 
``software'' update devices and related accessories.
    c. Revising the Note at the beginning of the Items paragraph of the 
List of Items Controlled section by adding a new paragraph `i' to 
exclude from control certain short-range wireless products (i.e., for 
personal area networks) with an operating range not exceeding 30 
meters. The rationale for adding a new Note `i' is that wireless 
personal area networking products are not of strategic concern due to 
their distance limitation and predominant civil use in applications 
such as home entertainment systems, peripherals for laptops and 
personal computers, cell phone headsets, iPod headphones and home/
business/industrial automation. A limitation of 30 meters is the 
typical range of such equipment according to the manufacturers' 
specifications. This equipment is manufactured worldwide. The key 
element of this proposal is that wireless personal area networking 
equipment and components are based on limited short-range wireless 
technologies. The primary examples currently are Bluetooth (IEEE 
802.15.1), Wibree (ultra low power Bluetooth) and ZigBee (IEEE 
802.15.4). This new Note `i' does not decontrol wireless local area 
networks, such as those based on the WiFi standard (IEEE 802.11), which 
operate over greater distances and

[[Page 66006]]

encrypt data for transmission across networks such as the Internet.
    d. Adding a new paragraph 5A002.a.7 to control non-cryptographic 
information and communications technology (ICT) security systems and 
devices meeting certain criteria. Highly secure ICT systems and devices 
are used in various military, government and commercial businesses, 
especially for connecting and/or segregating networks with different 
levels of information sensitivity. The recent improvements to high 
assurance technology (e.g., development of secure kernels) means that 
it is now very easy to build high assurance ICT security products 
without `military-grade' security components.
    ECCN 5B002 is amended by:
    a. Revising the Heading by making editorial changes, as part of the 
TFEI revisions; and
    b. Revising 5B002.a and .b to remove circular references.
    ECCN 5D002 is amended by:
    a. Revising the Heading to make clarifying changes as part of the 
TFEI revisions;
    b. Revising 5D002.a and c.1 to remove circular references and focus 
the ECCN on the control.
    c. Replacing periods with semi-colons in 5D002.a and b as part of 
the TFEI revisions.
    ECCN 5E002 is amended by revising the reference ``5D002'' to read 
``5D002.a or 5D002.c'' in the Heading, as well as the EI control 
paragraph and the License Requirement Note of the License Requirement 
section, to focus the ECCN on control.

Category 6 Sensors

    ECCN 6A001 is amended by:
    a. Revising the License Exception LVS eligibility paragraph to add 
eligibility for 6A001.c (Diver deterrent acoustic systems) at a $5,000 
limit.
    b. Revising the License Exception GBS and CIV eligibility 
paragraphs to add eligibility for 6A001.c, because this is basically an 
anti-terrorism device and the concern here is in regards to the export 
or reexport of the device to E:1 countries;
    b.1. In the Note that follows 6A001.a.1, adding the phrase 
``equipment as follows'' to conform to the WA text;
    c. Replacing the period with a semi-colon at the end of 6A001.b, 
because of the addition of paragraph 6A001.c; and
    d. Adding a new paragraph 6A001.c and two Notes to control diver 
deterrent acoustic systems to reduce the threat of attacks on ports, 
harbors, offshore platforms, shipping and coastal facilities.
    ECCN 6A004 is amended by:
    a. Revising the Heading to better represent the scope of this 
entry, as part of the TFEI revisions;
    b. Removing a comma from 6A004.a to correct the punctuation, as 
part of the TFEI revisions;
    c. Replacing the word ``lambda'' with the scientific symbol for 
lambda ``[lambda]'' in two places in 6A004.a.4, as part of the TFEI 
revisions;
    d. Replacing the period with a semi-colon in 6A004.b.2, c.4, and 
d.4 to correct the punctuation, as part of the TFEI revisions;
    e. Adding the word ``components'' to 6A004.c.1 and c.4 to add 
consistency to the list of components in 6A004.c, as part of the TFEI 
revisions;
    e.1. Adding the word ``raw'' to the beginning of 6A004.c.2 and 
adding the word ``processed'' in front of the second ``substrates'' to 
conform with Wassenaar text;
    e.2. Removing a superfluous comma in 6A004.d to correct the 
punctuation;
    f. Adding the word ``equipment'' to 6A004.d.1 and d.2 to add 
consistency to the list of equipment in 6A004.d, as part of the TFEI 
revisions;
    g. Removing the word ``characteristics'' from 6A004.e because it 
was unnecessary, as part of the TFEI revisions;
    h. Removing unnecessary words from 6A004.e.1, e.2, and e.3 to make 
the parameters more concise, as part of the TFEI revisions;
    i. Replacing the semi-colon with a period to correct the 
punctuation in 6A004.e.3 as this is the last subparagraph of 6A004, as 
part of the TFEI revisions;
    j. Adding single quotes around `aspheric optical elements' in the 
Note for 6A004.e, as part of the TFEI revisions;
    k. Removing unnecessary words from the Note for 6A004.e to make the 
Note more concise, as part of the TFEI revisions.
    ECCN 6A005 is amended by:
    a. Replacing the word ``in'' with ``by'' to correct the preposition 
in Note 2 at the beginning of the Items paragraph and in 6A005.d, as 
part of the TFEI revisions;
    b. Replacing the words ``the following'' with ``as follows'' for 
consistency in text typically used in the Wassenaar List, as part of 
the TFEI revisions;
    c. Removing a comma in 6A005.a, b, b.6.b, c, d, d.1, d.1.a, 
d.1.a.2, d.1.b, d.1.b.2, d.1.c, d.4, d.5, d.5.c, e, f, to correct the 
punctuation, as part of the TFEI revisions;
    d. Removing unnecessary words, such as ``A'', ``An'', ``having'', 
``having an'', or ``with an'' in nearly every paragraph in the Items 
paragraph of the List of Items Controlled section, and in some cases 
replacing the words ``having an'' with the word ``and'';
    e. Replacing the double quotes with single quotes around the term 
`Wall-plug efficiency' in 6A005.a.6.a.1 and a.6.b.1, because the term 
is defined in the Related Definition section of 6A005;
    f. Replacing the period with a semi-colon in 6A005.a.8, d.1.b.3, 
d.1.c.3, and d.1.d to correct the punctuation, as part of the TFEI 
revisions;
    g. Adding the words ``equal to or'' in 6A005.b.6.b to correct a 
minor oversight in the established controls, leading to a loophole for 
a certain type of laser with a pulse duration of 1 ns;
    h. Adding commas to 6A005.c.2., d.1.c.1, d.1.c.2, d.1.c.3, e.2 and 
f.3, to correct the punctuation and clarify the paragraphs, as part of 
the TFEI revisions;
    i. Adding single quotes around the terms `array' and `array stacks' 
in 6A005.d.1.d and in the Technical Note following this paragraph to 
indicate that the terms are defined in the Technical Note below 
paragraph 6A004.d.1.d, as well as removing the phrase ``that is'' and 
replacing the word ``under'' with ``by'' to conform to the WA text;
    j. Replacing double quotes with single quotes around the term `non-
repetitive pulsed' in 6A005.d.6 and the Note following 6A005.d.6.b to 
indicate that the term is defined in this Note, as part of the TFEI 
revisions;
    k. Adding single quotes around the term `active cooling' in 
6A005.e.1 and the Technical Note following this paragraph to indicate 
that the term is defined in this Technical Note;
    l. Replacing the word ``lambda'' with the scientific symbol 
``[lambda]'', in 6A005.f.3 as part of the TFEI revisions.
    ECCN 6A006 is amended by:
    a. Deleting the extra ``and'' in the Heading to correct the 
sentence, as part of the TFEI revisions;
    b. Replacing the term ``noise level (sensitivity)'' with the term 
`sensitivity' in the License Exception LVS eligibility paragraph, and 
in the following subparagraphs 6A006.a.1.a, a.1.b, a.2, a.3, a.4, a.5, 
b, c.2., and c.3 because this term was condensed and defined in the 
Technical Note after 6A006.d as a term more commonly used by 
manufacturers;
    c. Adding double quotes around the term ``Magnetometers'' in 
6A006.a.1, a.2, a.3, because this term is defined in Part 772 of the 
EAR;
    d. Removing the word ``characteristics'' from 6A006.a.1 because it 
is unnecessary, as part of the TFEI revisions;

[[Page 66007]]

    e. Adding the modifier ``at a frequency of 1 Hz'' to 6A006.a.2 to 
clarify the parameter;
    f. Replacing the period with a semi-colon in 6A006.b to correct the 
punctuation, as part of the TFEI revisions;
    g. Replacing the capitalization with lower case letters in 
``underwater electric field sensors'' of 6A006.d to correct the 
grammar, as part of the TFEI revisions;
    h. Adding a Technical Note after 6A006.d to define the term 
`sensitivity', because this term is used throughout 6A006 and is a more 
common term used by manufacturers than ``noise level''.
    i. Adding parentheses around ``rms'' wherever it appears in 6A006 
to conform to WA text.
    ECCN 6A008 is amended by:
    a. Removing the unnecessary word ``characteristics'' from the 
Heading to make it more concise, as part of the TFEI revisions;
    b. Replacing the alphabetic bullets with dashes to simplify the 
list in the Note at the beginning of the items paragraph, as part of 
the TFEI revisions;
    c. Removing the words ``Having a'' from 6A008.b to remove the 
redundant wording that also appears in the Heading, as part of the TFEI 
revisions;
    d. Adding the word ``and'' to correct the grammar and clarify the 
sentence in 6A008.h, as part of the TFEI revisions;
    e. Replacing the phrase ``provided that all the following 
conditions are met'' with the more commonly used ``and having all of 
the following'' in 6A008.i, Note b to bring consistency and clarity, as 
part of the TFEI revisions;
    f. Removing unnecessary words from the Note following 6A008.i to 
provide more concise wording, as part of the TFEI revisions;
    g. Replacing a comma with ``and'' in 6A008.j to correct the 
grammar, as part of the TFEI revisions;
    h. Moving the ``or'' from 6A008.j.1 to 6A008.j.2 because of the 
addition of new paragraph 6A008.j.3;
    i. Adding a new paragraph 6A008.j.3 and 3 new Notes to control 
``laser'' radar or Light Detection and Ranging equipment for airborne 
bathymetric littoral surveys (surveys of shores for troop deployment); 
and
    j. Replacing the word ``with'' with ``and having'' in 6A008.k and 
.l to clarify the sentence and use more commonly used text, as part of 
the TFEI revisions.
    ECCN 6A996 is amended by:
    a. Replacing the words ``noise level (sensitivity)'' with 
`sensitivity' in 6A996.a, because it is the more commonly used term to 
describe this parameter.
    b. Adding a Technical Note after paragraph 6A996.a to define the 
term `sensitivity'.
    c. Adding parenthese around the term ``rms'' in 9A996.a.
    ECCN 6D003 is amended by:
    a. Deleting a comma in the Heading to correct the punctuation.
    b. Making RS controls applicable to paragraph `c' in the Reasons 
for Control paragraph under the License Requirements section.
    c. Adding section headings, such as ``Acoustics'', throughout the 
Items paragraph to assist the reader.
    d. Replacing a period with a semi-colon to correct the punctuation 
in 6D003.a.4, as part of the TFEI revisions.
    e. Adding a new paragraph 6D003.c to control software designed or 
modified for cameras incorporating ``focal plane arrays'' specified by 
6A002.a.3.f and designed or modified to remove a frame rate restriction 
and allow the camera to exceed the frame rate specified in 6A003.b.4 
Note 3.a. With the addition of this paragraph, a license is now 
required to export or reexport the software that would give an 
uncontrolled camera the capability of a controlled camera.
    f. Removing a comma to correct the punctuation of 6D003.f and .h as 
part of the TFEI revisions.
    g. Adding the acronym ``ATC'' after ``Air Traffic Control'' in 
paragraph 6D003.h.1, as part of the TFEI revisions.
    h. Replacing the word ``which'' with ``and having all of the 
following'' in 6D003.h.2 to use the more commonly used text to 
introduce a list of parameters, as part of the TFEI revisions.
    i. Removing superfluous words from 6D003.h.2.a, as part of the TFEI 
revisions; and
    j. Replacing double quotes with single quotes around the term 
`average side lobe level' in 6A008.h.2.b and in the Technical Note that 
follows, as part of the TFEI revisions, to indicate that the term is 
defined in the entry.
    ECCN 6E993 is amended by:
    a. Replacing the word ``with'' with ``having all of the following'' 
in 6E993.a for consistency;
    b. Removing superfluous words from 6E993.a.1 and a.2 to be more 
concise;
    b.1. Replacing the word ``lambda'' with the scientific symbol and 
adding parentheses around the term ``rms'' in 6E993.a.2 to harmonize 
with WA text.
    b.2. Replacing the phrase ``of less'' with ``lower (better)'' and 
adding parentheses around the term ``rms'' to harmonize with Wassenaar 
text in 6E993.d.1 and d.2.
    c. Replacing the term ``noise level'' with `sensitivity' in 
6E993.d.1 and d.2 to use a more common manufacturing term;
    d. Adding a Technical Note after 6E993. d.2 to define 
`sensitivity'.

Category 7 Navigation and Avionics

    ECCN 7A003 is amended by:
    a. Correcting the capitalization and replacing the word 
``therefore'' with ``as follows'' in the Heading to be consistent with 
typically used text, as part of the TFEI revisions;
    b. Deleting a comma and adding a comma to correct the punctuation, 
and removing the superfluous word ``characteristics'' in 7A003.a, as 
part of the TFEI revisions;
    c. Replacing a comma with the word ``and'' in 7A003.a and .b to 
correct sentence structure and to clarify the sentence, as part of the 
TFEI revisions;
    d. Correcting the capitalization, removing the superfluous word 
``characteristics'' from 7A003.c, and adding the word ``and'' to 
7A003.c as part of the TFEI revisions;
    e. Adding parenthesis and removing an extraneous space to add 
clarity to 7A003.c.1, as part of the TFEI revisions;
    f. Removing a hyphen in 7A003.c.2 to conform with WA text; and
    g. Replacing the word ``that'' with ``which'' in Note 2 to 7A003 to 
conform with WA text.

Category 8 Marine

    ECCN 8A001 is amended by:
    a. Removing a comma in 8A001.b to correct the punctuation;
    b. Adding single quotes around the term `operate autonomously' in 
8A001.b.1 to indicate the term is defined in the Technical Note 
following 8A001.b.3.b, as part of the TFEI revisions;
    c. Removing 8A001.b.3.a and b.3.d and redesignating 8A001.b.3.b and 
8A001.b.3.c as 8A001.b.3.a and 8A001.b.3.b respectively, as well as 
adding the word ``continuously'' in the new 8A001.b.3.a to meet new 
technological and market developments;
    d. Removing superfluous words in the new 8A001.b.3.b, and the word 
``and'';
    e. Replacing the double quotes with single quotes around the term 
`operate autonomously' in Technical Note 1 and 2 that follows 
8A001.b.3.b, as part of the TFEI revisions;
    f. Replacing the double quotes with single quotes around the term 
`range' in Technical Note 2 that follows 8A001.b.3.b, as part of the 
TFEI revisions, as well as replacing the word ``cover'' with `operate 
autonomously';
    g. Replacing a comma with an ``and'' in 8A001.c to fix the grammar 
and add clarity, as part of the TFEI revisions;
    h. Removing superfluous words from 8A001.c.2, d.2, d.3, f.1, f.2, 
f.3, i.1, i.2 to be more concise, as part of the TFEI revisions;

[[Page 66008]]

    i. Adding an ``and'' to clarify the sentence in 8A001.e.2, as part 
of the TFEI revisions;
    j. Removing the superfluous word ``characteristics'' in 8A001.f, as 
part of the TFEI revisions;
    k. Replacing the word ``tons'' with ``tonnes'' in 8A001.i.1 and 
i.2, because WA meant metric tonnes, which differs from American tons 
in weight and to conform with WA text;
    l. Adding single quotes around the term `small waterplane area 
vessel' in 8A001.i.2 and in the Technical Note that follows, to 
indicate that this is a defined term in this entry, as part of the TFEI 
revisions; and
    m. Replacing the word ``draught'' with ``draft'' in the Technical 
Note after 8A001.i.2, to conform to the WA text.
    ECCN 8A002 is amended by:
    a. Adding the word ``Marine'' to the Heading to be more 
descriptive, as part of the TFEI revisions;
    b. Adding ``and'' to 8A002.a to add clarity as part of the TFEI 
revisions;
    c. Replacing the word ``in'' with ``by'' and a period with a semi-
colon in 8A002.a.4, as part of the TFEI revisions;
    d. Replacing the words ``The object of this control'' with ``The 
objective of 8A002.a.4'' in the Technical Note that follows 8A002.a.4 
to be more precise, as part of the TFEI revisions;
    e. Adding single quotes around the term `syntactic foam' in the 
Technical Note after 8A002.a.4. to indicate that the term is defined in 
the entry, as part of the TFEI revisions;
    f. Adding commas around the clause ``using navigation data'', 
removing the word ``and'', and adding the phrase ``and having any of 
the following'' to 8A002.b for clarity, as part of the TFEI revisions;
    g. Deleting a comma to correct the punctuation in 8A002.d as part 
of the TFEI revisions;
    h. Adding single quotes around the term `limiting resolution' in 
8A002.d.1.a and d.1.b to indicate that the term is defined in the 
Technical Note that follows 8A002.d.1.c.2, as part of the TFEI 
revisions, as well as removing the phrase ``in television'' to conform 
with WA text;
    i. Replacing the word ``containing'' with ``and having'' to clarify 
the sentence, as part of the TFEI revisions;
    j. Deleting a comma and replacing a comma with ``and'' in 8A002.d.2 
to clarify the sentence, as part of the TFEI revisions;
    k. Replacing the word ``having'' with ``with'' and removing a 
superfluous comma in 8A002.e to clarify the sentence, as part of the 
TFEI revisions;
    l. Moving the phrase ``as follows'' to the end of 8A002.g to 
clarify the sentence, as part of the TFEI revisions;
    m. Replacing the comma with ``and'' in 8A002.h, .i, o.1.e, o.2.d, 
and o.3.a to clarify the sentence, as part of the TFEI revisions;
    n. Moving the word ``composite'' in 8A002.h.2 to clarify the 
sentence, as part of the TFEI revisions;
    o. Removing a comma in 8A002.i.2 to correct the punctuation, as 
well as adding single quotes around the term `freedom of movement' to 
indicate that this term is defined in the Technical Note that follows 
8A002.i.2;
    p. Replacing the word ``Note'' with ``Technical Note'' to properly 
identify the note that follows 8A002.i.2;
    q. Removing the comma in 8A002.j, j.2, j.4, o.1.e, o.2.c, and o.2.d 
to correct the punctuation, as part of the TFEI revisions;
    r. Adding a comma in 8A002.j.1.a, j.1.c, j.2.a, j.2.c, j.3.a, 
j.4.a, m, n, o.1.a, o1.c, o.2, and o.2.a to correct the punctuation, as 
part of the TFEI revisions;
    s. Replacing the words ``specially designed'' with ``having all of 
the following'' in 8A002.j.1.d and j.3.b to clarify the sentence, as 
part of the TFEI revisions;
    t. Adding the words ``specially designed'' in 8A002.j.1.d.1, 
j.1.d.2, j.1.d.3, j.3.b.1, j.3.b.2, and j.3.b.3 to clarify the 
sentences, as part of the TFEI revisions;
    u. Adding the word ``and'' in 8A002.j.3 to .l to clarify the 
sentence, as part of the TFEI revisions;
    v. Moving the phrase ``as follows'' within 8A002.o.1 to clarify the 
sentence, as part of the TFEI revisions;
    w. Replacing the word ``tons'' with ``tonnes'' in 8A002.o.3 to 
clarify that American tons differ from metric tonnes and to conform to 
WA text; and
    x. Replacing a period with a semi-colon in 8A002.p to correct the 
punctuation, as part of the TFEI revisions.

Category 9 Propulsion Systems, Space Vehicles and Related Equipment

    ECCN 9A012 is amended by:
    a. Moving the period in the Heading from before the parenthetical 
phrase ``see List of Items Controlled'' to after the parenthetical 
phrase;
    b. Revising 9A012.b.2 to reflect the original intent to control the 
``associated systems'' that allow UAVs to achieve the characteristics 
described in 9A012.a (i.e., remote-controlled flight beyond visual 
range and autonomous flight capability); and
    c. Adding a comma to 9A012.b.3 to correct the punctuation.

Part 740.17 ``License Exception ENC''

    Section 740.17 ``License Exception ENC'' is amended by removing 
wireless ``personal area network'' (PAN) items from paragraph (b)(4) to 
harmonize with the addition of wireless PAN equipment to the decontrol 
Note in ECCN 5A002. These wireless PAN commodities and ``software'' are 
now classified under ECCNs 5A992 and 5D992, respectively, without any 
requirement for review or qualification as `mass market' products.

Part 742 Control Policy: CCL-Based Controls

Regional Stability Controls
    This rule revises section 742.6 ``Regional Stability'' by amending 
the paragraphs that list the ECCNs that are controlled for RS Column 1 
(RS:1) and RS Column 2 (RS:2) to coincide with changes to regional 
stability controls made by this rule. This rule revises Sec.  
742.6(a)(1) to add 6D003.c, because this software is related to 
commodities that are controlled for RS reasons.
    ECCN 1A004.d, 1D003 (software to enable equipment to perform the 
functions of equipment controlled by 1A004.d), 1E001 (technology for 
the development, production, or use of 1A004.d) are added to Sec.  
742.6(a)(4)(i) in order to maintain the RS:2 controls that were applied 
to this equipment when it was listed under ECCNs 2A983.b, 2D983, and 
2E983.
``Encryption Items''
    Section 742.15, regarding ``Encryption Items'', is amended by 
removing wireless ``personal area network (PAN)'' equipment from 
paragraphs (b)(3)(i) and the entire entry for (b)(3)(ii) to harmonize 
with the addition of wireless PAN equipment to the decontrol Note in 
ECCN 5A002. These wireless PAN commodities and ``software'' are now 
classified under ECCNs 5A992 and 5D992, respectively, without any 
requirement for review or qualification as `mass market' products.

Part 743 Special Reporting

    3A002.g.2 is revised in three places to read 3A002.g.1 in paragraph 
743.1(c)(1)(iii) of the EAR, because in 2007 the WA moved the space 
qualified parameter for atomic frequency standards from paragraph 
3A002.g.2 to 3A002.g.1 and in 2008 the WA harmonized the Sensitive List 
with the change made in 2007.
    WA reporting requirements for 5B001.a, regarding software and 
technology specially designed for the development or production of 
equipment, function, or features of equipment, are removed by this 
rule. The WA agreed to remove this software and technology from the 
Wassenaar Sensitive List, because, while the WA

[[Page 66009]]

intended to control technology and software for 5A001 equipment, the WA 
did not intend to have ECCN 5B001 on the Wassenaar Sensitive List. WA 
reporting requirements are added for 6A006.c.1, magnetic gradiometers 
using multiple magnetometers specified by 6A006.a.1 or 6A006.a.2 (with 
a sensitivity lower (or better) than 2pT rms per square root Hz).
    This rule amends Note 2 of the Notes to paragraph 743.1(c)(1)(vi) 
to harmonize the text in the Note with revisions made to 6A006.

Definitions in Part 772

    Section 772.1 is amended by:
    a. Adding a reference to Category 5, Part 1, to the following 
terms: ``electronically steerable phased array antenna'', and ``local 
area network;''
    b. Removing the reference to Category 5 from the following terms: 
``Program'' and ``source code;''
    c. Revising the definitions for the following terms: ``Bias 
(accelerometer)'' and ``Personalized smart card;''
    d. Removing the term ``Noise Level;'' and
    e. Adding the terms ``Explosives'', ``Fusible'', and ``personal 
area network.''
    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 41325 (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 11, 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 9, 2010. Any such items 
not actually exported before midnight, on February 9, 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, 14th and Pennsylvania Ave., NW., Room 2705, Washington, DC 
20230.

List of Subjects

15 CFR Part 740

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

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 743

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

0
Accordingly, parts 740, 742, 743, 772 and 774 of the Export 
Administration Regulations (15 CFR parts 730-774) are amended as 
follows:

PART 740 [AMENDED]

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

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., 
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 
of August 13, 2009, 74 FR 41325 (August 14, 2009).


0
2. Section 740.17 is amended by:
0
a. Revising the last sentence in paragraph (b)(4)(i) to read as set 
forth below; and
0
b. Removing and reserving paragraph (b)(4)(iii).


Sec.  740.17  Encryption Commodities, Software and Technology (ENC).

    (b) * * *
    (4) * * *
    (i) * * * Certain items excluded from review by this paragraph may 
also be excluded from review under paragraph (b)(4)(iv) of this section 
(commodities and software that provide ``ancillary cryptography'').
* * * * *

PART 742 [AMENDED]

0
3. The authority citations for part 742 continue to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; Sec 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 43 
FR 20947, 3 CFR,

[[Page 66010]]

1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 
CFR, 2001 Comp., p. 783; Presidential Determination 2003-23 of May 
7, 2003, 68 FR 26459, May 16, 2003; Notice of July 23, 2008, 73 FR 
43603 (July 25, 2008); Notice of November 10, 2008, 73 FR 67097 
(November 12, 2008).


0
4. Section 742.6 is amended by:
0
a. Adding ``6D003.c'' in numerical order to paragraph (a)(1); and
0
b. Revising paragraph (a)(4)(i) to read as follows:


Sec.  742.6  Regional Stability.

    (a) * * *
    (4) * * *
    (i) License Requirements Applicable to Most RS Column 2 Items. As 
indicated in the CCL and in RS Column 2 of the Commerce Country Chart 
(see Supplement No. 1 to Part 738 of the EAR), a license is required to 
any destination except Australia, Japan, New Zealand, and countries in 
the North Atlantic Treaty Organization (NATO) for items described on 
the CCL under ECCNs 0A918, 0E918, 1A004.d, 1D003 (software to enable 
equipment to perform the functions of equipment controlled by 1A004.d), 
1E001 (technology for the development, production, or use of 1A004.d), 
2A983, 2D983, 2E983, 8A918, and for military vehicles and certain 
commodities (specially designed) used to manufacture military 
equipment, described on the CCL in ECCNs 0A018.c, 1B018.a, 2B018, 
9A018.a and .b, 9D018 (only software for the ``use'' of commodities in 
ECCN 9A018.a and .b), and 9E018 (only technology for the 
``development'', ``production'', or ``use'' of commodities in 9A018.a 
and .b).
* * * * *

0
5. Section 742.15 is amended by:
0
a. Revising the last sentence in paragraph (b)(3)(i) to read as set 
forth below; and
0
b. Removing and reserving paragraph (b)(3)(ii).


Sec.  742.15  Encryption items.

* * * * *
    (b) * * *
    (3) * * *
    (i) * * * Certain items excluded from review by this paragraph may 
also be excluded from review under paragraph (b)(3)(iii) of this 
section (commodities and software that provide ``ancillary 
cryptography'').
* * * * *

PART 743--[AMENDED]

0
6. The authority citations for part 743 continue to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; Public Law 106-508; 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
7. Section 743.1 is amended by revising paragraphs (c)(1)(iii), 
(c)(1)(v), (c)(1)(vi) introductory text, and Note 2 of the Notes to 
(c)(1)(vi), to read as follows:


Sec.  743.1  Wassenaar Arrangement.

* * * * *
    (c) * * *
    (1) * * *
    (iii) Category 3: 3A002.g.1, 3B001.a.2, 3D001 for ``development'' 
or ``production'' of 3A002.g.1 or 3B001.a.2, and 3E001 for 
``development'' or ``production'' of 3A002.g.1 or 3B001.a.2;
* * * * *
    (v) Category 5: 5A001.b.3; 5B001.a (items specially designed for 
5A001.b.3 and b.5); 5D001.a (specially designed for the ``development'' 
or ``production'' of equipment, function, or features in 5A001.b.3) and 
5D001.b (specially designed or modified to support ``technology'' under 
5E001.a as described in this paragraph); and 5E001.a (for the 
``development'' or ``production'' of equipment, functions or features 
specified by 5A001.b.3 or ``software'' in 5D001.a or 5D001.b as 
described in this paragraph);
    (vi) Category 6: 6A001.a.1.b (changing 10 kHz to 5 kHz and adding 
the text ``or a sound pressure level exceeding 224 dB (reference 1 
[mu]Pa at 1 m) for equipment with an operating frequency in the band 
from 5kHz to 10 kHz inclusive'' to the existing text in 6A001.a.1.b.1), 
and 6A001.a.2.d; 6A002.a.1.a, 6A002.a.1.b, 6A002.a.2.a (changing 350 
uA/Im to 700 uA/Im in 6A002.a.2.a.3.a), 6A002.a.3, 6A002.b, 6A002.c 
(incorporating 6A002.a.2.a or 6A002.a.3 having characteristics 
described in this paragraph), 6A002.e; 6A003.b.3 (incorporating 
6A002.a.2.a having characteristics described in this paragraph), 
6A003.b.4 (incorporating 6A002.a.3 having characteristics described in 
this paragraph); 6A004.c and d; 6A006.a.1, 6A006.a.2 (having a ``noise 
level'' (sensitivity) lower (better) than 2pT rms per square root Hz), 
6A006.c.1, 6A006.d (certain items only; see Note to this paragraph); 
6A008.d, .h, and .k; 6D001 (for 6A004.c and .d and 6A008.d, .h, and 
.k); 6E001 (for equipment and software listed in this paragraph); and 
6E002 (for equipment listed in this paragraph);
    Notes to paragraph (c)(1)(vi):
* * * * *

    Note 2: Reports for 6A006.d, are for ``compensation systems'' 
for the following:
    a. Magnetic sensors controlled in 6A006.a.2 using optically 
pumped or nuclear precession (proton/Overhauser) ``technology'' that 
will permit these sensors to realize a `sensitivity' lower (better) 
than 2 pT rms per square root Hz.
    b. Underwater electric field sensors controlled in 6A006.b.
    c. Magnetic gradiometers controlled in 6A006.c that will permit 
these sensors to realize a `sensitivity' lower (better) than 3 pT/m 
rms per square root Hz.

* * * * *

PART 772--[AMENDED]

0
8. 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)).


Sec.  772.1  [Amended]

0
9. Section 772.1 is amended by:
0
a. Removing the phrase ``(Cat 6)'' and adding in its place ``(Cat 6 and 
5 Part 1)'' in the term ``Electronically steerable phased array 
antenna'';
0
b. Removing the phrase ``(Cat 4)'' and adding in its place ``(Cat 4 and 
5 Part 1)'' in the term ``local area network'';
0
c. Removing the phrase ``(Cat 2, 4, 5, and 6)'' and adding in its place 
``(Cat 2, 4, and 6)'' in the term ``Program'';
0
d. Removing the phrase ``(Cat 4, 5, 6, 7, and 9)'' and adding in its 
place ``(Cat 4, 6, 7, and 9)'' in the term ``Source code'';
0
e. Revising the definitions for '' ``Bias'' (accelerometer)'', 
``Personal area network'', and ``Personalized smart card'';
0
f. Adding the terms ``Explosives'', ``Fusible'', to read as follows; 
and
0
g. Removing the term ``Noise Level''.


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

* * * * *
    Bias. (accelerometer) (Cat 7)--The average over a specified time of 
accelerometer output measured at specified operating conditions, that 
has no correlation with input acceleration or rotation. ``Bias'' is 
expressed in g or in meters per second \2\ (g or m/s \2\) (IEEE Std 
528-2001) (Micro g equals 1x10-6 g).
* * * * *
    Explosives. (Cat 1)--see Annex ``List of Explosives'' located at 
the end of Category 1 of Supplement No. 1 to Part 774 ``Commerce 
Control List''.
* * * * *
    Fusible. (Cat 1)--Capable of being cross-linked or polymerized 
further (cured) by the use of heat, radiation,

[[Page 66011]]

catalysts, etc., or that can be melted without pyrolysis (charring).
* * * * *
    Personal area network (Cat 5 Part 2)--A data communication system 
having all of the following characteristics:
    a. Allows an arbitrary number of independent or interconnected 
`data devices' to communicate directly with each other; and
    b. Is confined to the communication between devices within the 
immediate vicinity of an individual person or device controller (e.g., 
single room, office, or automobile).

    Technical Note: `Data device' means equipment capable of 
transmitting or receiving sequences of digital information.

* * * * *
    Personalized smart card. (Cat 5 Part 2) A smart card or an 
electronically readable personal document (e.g., e-passport), 
containing a microcircuit which has been programmed for a specific 
application and cannot be reprogrammed for any other application by the 
user.
* * * * *

PART 774--[AMENDED]

0
10. 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).

Supplement No. 1 to Part 774--Commerce Control List [Amended]

0
11. Supplement No. 1 to Part 774 (the Commerce Control List) is amended 
by revising the Heading of Category 1 to read as follows:
* * * * *

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

* * * * *

0
12. 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:

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 [mu]m;
    c. Seals, gaskets, valve seats, bladders or diaphragms, having 
all of the following:
    c.1. Made from fluoroelastomers containing at least one 
vinylether group as a constitutional unit; and
    c.2. Specially designed for ``aircraft'', aerospace or missile 
use.

0
13. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1, ECCN 1A002 is amended by revising the items paragraph in 
the List of Items Controlled section, to read as follows:

1A002 ``Composite'' structures or laminates, having any of the 
following (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Consisting of an organic ``matrix'' and materials controlled 
by 1C010.c 1C010.d, or 1C010.e or
    b. Consisting of a metal or carbon ``matrix'', and any of the 
following:
    b.1. Carbon ``fibrous or filamentary materials'' having all of 
the following:
    b.1.a. A ``specific modulus'' exceeding 10.15 x 106 
m; and
    b.1.b. A ``specific tensile strength'' exceeding 17.7 x 
104 m; or
    b.2. Materials controlled by 1C010.c.

    Note 1: 1A002 does not control composite structures or laminates 
made from epoxy resin impregnated carbon ``fibrous or filamentary 
materials'' for the repair of ``civil aircraft'' structures or 
laminates, provided that the size does not exceed 100 cm x 100 cm.


    Note 2: 1A002 does not control finished or semi-finished items, 
specially designed for purely civilian applications as follows:

    a. Sporting goods;
    b. Automotive industry;
    c. Machine tool industry;
    d. Medical applications.

    Note 3: 1A002.b.1 does not apply to finished or semi-finished 
items containing a maximum of two dimensions of interwoven filaments 
and specially designed for applications as follows:

    a. Metal heat-treatment furnaces for tempering metals;
    b. Silicon boule production equipment.
* * * * *

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

1A003 Manufactures of non-``fusible'' aromatic polyimides in film, 
sheet, tape or ribbon form having any of the following (see List of 
Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: This entry does not control manufactures when 
coated or laminated with copper and designed for the production of 
electronic printed circuit boards. For ``fusible'' aromatic 
polyimides in any form, see 1C008.a.3.
    Related Definitions: * * *
    Items:
    a. A thickness exceeding 0.254 mm; or
    b. Coated or laminated with carbon, graphite, metals or magnetic 
substances.
* * * * *

0
15. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1, ECCN 1A004 is amended by revising the Heading, the License 
Requirement section, and the Related Definitions and Items paragraphs 
in the List of Items Controlled section, to read as follows:

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

License Requirements

    Reason for Control: NS, CB, RS, AT.

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.
CB applies to chemical detection         CB Column 2.
 systems and.
dedicated detectors therefor, in
 1A004.c, that also have the technical
 characteristics described in 2B351.a.
RS apply to 1A004.d....................  RS Column 2.
AT applies to entire entry.............  AT Column 1.
------------------------------------------------------------------------

* * * * *

List of Items Controlled

* * * * *
    Related Definitions: (1) `Adapted for use in war' means: Any 
modification or selection (such as altering purity, shelf life, 
virulence, dissemination characteristics, or resistance to UV 
radiation) designed to increase the effectiveness in producing 
casualties in humans or animals, degrading equipment or damaging 
crops or the environment. (2) `Riot control agents' are substances 
which, under the expected conditions of use for riot control 
purposes, produce rapidly in humans sensory irritation or disabling 
physical effects which disappear within a short time following 
termination of exposure. (Tear gases are a subset of `riot control 
agents'.)
    Items:
    a. Gas masks, filter canisters and decontamination equipment 
therefor, designed or modified for defense against any of the 
following, and specially designed components therefor:

[[Page 66012]]

    a.1. Biological agents `adapted for use in war';
    a.2. Radioactive materials `adapted for use in war';
    a.3. Chemical warfare (CW) agents; or
    a.4. `Riot control agents', as follows:
    a.4.a. [alpha]-Bromobenzeneacetonitrile, (Bromobenzyl cyanide) 
(CA) (CAS 5798-79-8);
    a.4.b. [(2-chlorophenyl) methylene] propanedinitrile, (o-
Chlorobenzylidenemalononitrile) (CS) (CAS 2698-41-1);
    a.4.c. 2-Chloro-1-phenylethanone, Phenylacyl chloride ([omega]-
chloroacetophenone) (CN) (CAS 532-27-4);
    a.4.d. Dibenz-(b,f)-1,4-oxazephine, (CR) (CAS 257-07-8);
    a.4.e. 10-Chloro-5,10-dihydrophenarsazine, (Phenarsazine 
chloride), (Adamsite), (DM) (CAS 578-94-9);
    a.4.f. N-Nonanoylmorpholine, (MPA) (CAS 5299-64-9);
    b. Protective suits, gloves and shoes, specially designed or 
modified for defense against any of the following:
    b.1. Biological agents `adapted for use in war';
    b.2. Radioactive materials `adapted for use in war'; or
    b.3. Chemical warfare (CW) agents;
    c. Nuclear, biological and chemical (NBC) detection systems, 
specially designed or modified for detection or identification of 
any of the following, and specially designed components therefor:
    c.1. Biological agents `adapted for use in war';
    c.2. Radioactive materials `adapted for use in war'; or
    c.3. Chemical warfare (CW) agents;
    d. Electronic equipment designed for automatically detecting or 
identifying the presence of ``explosives'' (as listed in the annex 
at the end of Category 1) residues and utilizing `trace detection' 
techniques (e.g., surface acoustic wave, ion mobility spectrometry, 
differential mobility spectrometry, mass spectrometry).

    Technical Note: `Trace detection' is defined as the capability 
to detect less than 1 ppm vapor, or 1 mg solid or liquid.


    Note 1: 1A004.d. does not apply to equipment specially designed 
for laboratory use.


    Note 2: 1A004.d. does not apply to non-contact walk-through 
security portals.


    Note: 1A004 does not control:
    a. Personal radiation monitoring dosimeters;
    b. Equipment limited by design or function to protect against 
hazards specific to residential safety and civil industries, such as 
mining, quarrying, agriculture, pharmaceuticals, medical, 
veterinary, environmental, waste management, or to the food 
industry.

* * * * *

0
16. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1, ECCN 1A007 is amended by removing the License Requirement 
Note and the last sentence in Technical Note 2.

0
17. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1, ECCN 1A008 is added to read as follows:

1A008 Charges, devices and components, as follows (see List of Items 
Controlled).

License Requirements

    Reason for Control: NS, AT, UN.

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.
AT applies to entire entry.............  AT Column 1.
UN applies to entire entry.............  Iraq, North Korea, and Rwanda.
------------------------------------------------------------------------

License Exceptions

    LVS: $3,000 for .a through .c, except N/A for Rwanda $6,000 for 
.d, except N/A for Rwanda.
    GBS: N/A.
    CIV: N/A.

List of Items Controlled

    Unit: $ value.
    Related Controls: (1) All of the following are subject to the 
export licensing jurisdiction of the Department of State, 
Directorate of Defense Trade Controls (see 22 CFR part 121):
    a. High explosives and related equipment specially designed for 
military use;
    b. Explosive devices or charges in this entry that utilize USML 
controlled energetic materials (See 22 CFR 121.1 Category V), if 
they have been specifically designed, developed, configured, 
adapted, or modified for a military application;
    c. Shaped charges that have all of the following a uniform 
shaped conical liner with an included angle of 90 degrees or less, 
more than 2.0 kg of controlled materials, and a diameter exceeding 
4.5 inches;
    d. Detonating cord containing greater than 0.1 kg per meter (470 
grains per foot) of controlled materials;
    e. Cutters and severing tools containing greater than 10 kg of 
controlled materials;
    f. With the exception of cutters and severing tools, devices or 
charges controlled by this entry where the USML controlled materials 
can be easily extracted without destroying the device or charge; and
    g. Individual USML controlled energetic materials in this entry, 
even when compounded with other materials, when not incorporated 
into explosive devices or charges controlled by this entry or 1C992.
    (2) See also ECCNs 1C011, 1C018, 1C111, and 1C239 for additional 
controlled energetic materials. See ECCN1E001 for the 
``development'' or ``production'' ``technology'' for the commodities 
controlled by ECCN 1A008, but not for explosives or commodities that 
are under the jurisdiction of U.S. Department of State, Directorate 
of Defense Trade Controls.
    Related Definitions: N/A.
    Items:
    a. `Shaped charges' having all of the following:
    a.1. Net Explosive Quantity (NEQ) greater than 90 g; and
    a.2. Outer casing diameter equal to or greater than 75 mm;
    b. Linear shaped cutting charges having all of the following, 
and specially designed components therefor:
    b.1. An explosive load greater than 40 g/m; and
    b.2. A width of 10 mm or more;
    c. Detonating cord with explosive core load greater than 64 g/m;
    d. Cutters, other than those specified by 1A008.b, and severing 
tools, having a NEQ greater than 3.5 kg.

    Technical Note: `Shaped charges' are explosive charges shaped to 
focus the effects of the explosive blast.


    Note: The only charges and devices specified in 1A008 are those 
containing ``explosives'' (see list of explosives in the Annex at 
the end of Category 1) and mixtures thereof.

* * * * *

0
18. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1, ECCN 1B001 is amended by removing the phrase ``and/or'' and 
adding in its place ``or'' in paragraph f.2 in the Items paragraph of 
the List of Items Controlled section.

0
19. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1, ECCN 1B003 is amended by revising the Heading, and 
paragraph c. in the Items paragraph of the List of Items Controlled 
section, to read as follows:

1B003 Tools, dies, molds or fixtures, for ``superplastic forming'' or 
``diffusion bonding'' titanium, aluminum or their alloys, specially 
designed for the manufacture of any of the following (see List of Items 
Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    c. Specially designed components for structures specified by 
1B003.a or for engines specified by 1B003.b.
* * * * *

0
20. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1, ECCN 1C008 is amended by revising the Heading and the Items 
paragraph of the List of Items Controlled section, to read as follows:

1C008 Non-fluorinated polymeric substances as follows (see List of 
Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Non-fluorinated polymeric substances, as follows:
    a.1. Bismaleimides;
    a.2. Aromatic polyamide-imides;
    a.3. Aromatic polyimides;

[[Page 66013]]

    a.4. Aromatic polyetherimides having a `glass transition 
temperature (Tg)' exceeding 513K (240 [deg]C).

    Note: 1C008.a controls the substances in liquid or solid 
``fusible'' form, including resin, powder, pellet, film, sheet, 
tape, or ribbon.

    N.B. For non-``fusible'' aromatic polyimides in film, sheet, 
tape, or ribbon form, see ECCN 1A003.
    b. Thermoplastic liquid crystal copolymers having a heat 
distortion temperature exceeding 523 K (250 [deg]C) measured 
according to ISO 75-2 (2004), method A, or national equivalents, 
with a load of 1.80 N/mm\2\ and composed of:
    b.1. Any of the following:
    b.1.a. Phenylene, biphenylene or naphthalene; or
    b.1.b. Methyl, tertiary-butyl or phenyl substituted phenylene, 
biphenylene or naphthalene; and
    b.2. Any of the following:
    b.2.a. Terephthalic acid;
    b.2.b. 6-hydroxy-2 naphthoic acid; or
    b.2.c. 4-hydroxybenzoic acid;
    c. [RESERVED]
    d. Polyarylene ketones;
    e. Polyarylene sulphides, where the arylene group is 
biphenylene, triphenylene or combinations thereof;
    f. Polybiphenylenethersulphone having a `glass transition 
temperature (Tg)' exceeding 513 K (240 [deg]C).

    Technical Note: The `glass transition temperature (Tg)' for 
1C008 materials is determined using the method described in ISO 
11357-2 (1999) or national equivalents.

* * * * *

0
21. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1, ECCN 1C010 is amended by revising the Heading and the Items 
paragraph in the List of Items Controlled section, to read as follows:

1C010 ``Fibrous or filamentary materials'', which may be used in 
organic ``matrix'', metallic ``matrix'' or carbon ``matrix'' 
``composite'' structures or laminates, as follows (see List of Items 
Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Organic ``fibrous or filamentary materials'', having all of 
the following:
    a.1. A ``specific modulus'' exceeding 12.7 x 10 \6\ m; and
    a.2. A ``specific tensile strength'' exceeding 23.5 x 10\4\ m;

    Note: 1C010.a does not control polyethylene.

    b. Carbon ``fibrous or filamentary materials'', having all of 
the following:
    b.1. A ``specific modulus'' exceeding 12.7 x 10 \6\ m; and
    b.2. A ``specific tensile strength'' exceeding 23.5 x 10 \4\ m;

    Technical Note: Properties for materials described in 1C010.b 
should be determined using SACMA recommended methods SRM 12 to 17, 
ISO 10618 (2004) 10.2.1 Method A or national equivalent tow tests, 
and based on lot average.


    Note: 1C010.b does not control fabric made from ``fibrous or 
filamentary materials'' for the repair of ``civil aircraft'' 
structures or laminates, in which the size of individual sheets does 
not exceed 100 cm x 100 cm.

    c. Inorganic ``fibrous or filamentary materials'', having all of 
the following:
    c.1. A ``specific modulus'' exceeding 2.54 x 10 \6\ m; and
    c.2. A melting, softening, decomposition or sublimation point 
exceeding 1,922 K (1,649 [deg]C) in an inert environment;

    Note: 1C010.c does not control:
    a. Discontinuous, multiphase, polycrystalline alumina fibers in 
chopped fiber or random mat form, containing 3% by weight or more 
silica, with a ``specific modulus'' of less than 10 x 10 6 m;
    b. Molybdenum and molybdenum alloy fibers;
    c. Boron fibers;
    d. Discontinuous ceramic fibers with a melting, softening, 
decomposition or sublimation point lower than 2,043 K (1,770 [deg]C) 
in an inert environment.

    d. ``Fibrous or filamentary materials'', having any of the 
following:
    d.1. Composed of any of the following:
    d.1.a. Polyetherimides controlled by 1C008.a; or
    d.1.b. Materials controlled by 1C008.b to 1C008.f; or
    d.2. Composed of materials controlled by 1C010.d.1.a or 
1C010.d.1.b and ``commingled'' with other fibers controlled by 
1C010.a, 1C010.b or 1C010.c;
    e. Resin-impregnated or pitch-impregnated fibers (prepregs), 
metal or carbon-coated fibers (preforms) or ``carbon fiber 
preforms'', as follows:
    e.1. Made from ``fibrous or filamentary materials'' controlled 
by 1C010.a, 1C010.b or 1C010.c;
    e.2. Made from organic or carbon ``fibrous or filamentary 
materials'', having all the following:
    e.2.a. A ``specific tensile strength'' exceeding 17.7 x 10 \4\ 
m;
    e.2.b. A ``specific modulus'' exceeding 10.15 x 10\6\ m;
    e.2.c. Not controlled by 1C010.a or 1C010.b; and
    e.2.d. When impregnated with materials controlled by 1C008 or 
1C009.b, having a `glass transition temperature (Tg)' 
exceeding 383 K (110 C) or with phenolic or epoxy resins, having a 
`glass transition temperature (Tg)' equal to or exceeding 
418 K (145 [deg]C).

    Notes: 1C010.e does not control:
    1. Epoxy resin ``matrix'' impregnated carbon ``fibrous or 
filamentary materials'' (prepregs) for the repair of ``civil 
aircraft'' structures or laminates, in which the size of individual 
sheets of prepreg does not exceed 100 cm x 100cm;
    2. Prepregs when impregnated with phenolic or epoxy resins 
having a `glass transition temperature (Tg)' less than 
433 K (160 [deg]C) and a cure temperature lower than the `glass 
transition temperature'


    .Technical Note: The `glass transition temperature 
(Tg)' for 1C010.e materials is determined using the 
method described in ASTM D 3418 using the dry method. The `glass 
transition temperature' for phenolic and epoxy resins is determined 
using the method described in ASTM D 4065 at a frequency of 1 Hz and 
a heating rate of 2 K (2 [deg]C) per minute using the dry method.

* * * * *

0
22. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1, ECCN 1C018 is amended by revising the Related Controls and 
Items paragraph in the List of Items Controlled section, to read as 
follows:

1C018 Commercial Charges and Devices Containing Energetic Materials on 
the Wassenaar Arrangement Munitions List and Certain Chemicals as 
Follows (See List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: (1) Explosive devices or charges in paragraphs 
.c through .k of this entry that utilize USML controlled energetic 
materials (See 22 CFR 121.1 Category V) are subject to the licensing 
authority of the U.S. Department of State, Directorate of Defense 
Trade Controls if they have been specifically designed, developed, 
configured, adapted, or modified for a military application. (2) 
With the exception of slurries if the USML controlled materials 
utilized in devices and charges controlled by paragraphs .c through 
.k of this entry can be easily extracted without destroying the 
device or charge, then they are subject to the export licensing 
authority of the U.S. Department of State, Directorate of Defense 
Trade Controls. (3) Commercial prefabricated slurries and emulsions 
containing greater than 35% of USML controlled energetic materials 
are subject to the export licensing authority of the U.S. Department 
of State, Directorate of Defense Trade Controls. (4) The individual 
USML controlled energetic materials in paragraphs .c through .k of 
this entry, even when compounded with other materials, remain 
subject to the export licensing authority of the Department of State 
when not incorporated into explosive devices or charges controlled 
by this entry or 1C992. (5) The chemicals in paragraphs .l and .m of 
this entry, when incorporated into items listed on the United States 
Munitions List, become subject to the licensing jurisdiction of the 
U.S. Department of State, Directorate of Defense Trade Controls. (6) 
See also ECCNs 1C011, 1C111, and 1C239 for additional controlled 
energetic materials. (7) See ECCN 1C238 for additional controls on 
chlorine trifluoride (ClF3). (8) See ECCN 1A008 for 
shaped charges, detonating cord, and cutters and severing tools. (9) 
See ECCN1E001 for the ``development'' or ``production'' 
``technology'' for the commodities controlled by ECCN 1C018, but not 
explosives or energetic materials that are under the jurisdiction of 
U.S. Department of State, Directorate of Defense Trade Controls.
    Related Definitions: * * *
    Items:
    a. [RESERVED]

[[Page 66014]]

    b. Shock tubes containing greater than 0.064 kg per meter (300 
grains per foot), but not more than 0.1 kg per meter (470 grains per 
foot) of controlled materials;
    c. Cartridge power devices containing greater than 0.70 kg, but 
not more than 1.0 kg of controlled materials;
    d. Detonators (electric or nonelectric) and assemblies thereof 
containing greater than 0.01 kg, but not more than 0.1 kg of 
controlled materials;
    e. Igniters containing greater than 0.01 kg, but not more than 
0.1 kg of controlled materials;
    f. Oil well cartridges containing greater than 0.015 kg, but not 
more than 0.1 kg of controlled materials;
    g. Commercial cast or pressed boosters containing greater than 
1.0 kg, but not more than 5.0 kg of controlled materials;
    h. Commercial prefabricated slurries and emulsions containing 
greater than 10 kg and less than or equal to thirty-five percent by 
weight of USML controlled materials;
    i. [RESERVED]
    j. Pyrotechnic devices when designed exclusively for commercial 
purposes (e.g., theatrical stages, motion picture special effects, 
and fireworks displays), and containing greater than 3.0 kg, but not 
more than 5.0 kg of controlled materials; or
    k. Other commercial explosive devices and charges, not 
controlled by 1C018.c through .g above, when used for commercial 
applications and containing greater than 1.0 kg, but not more than 
5.0 kg of controlled materials.
    l. Propyleneimine (2-methylaziridine) (CAS 75-55-8); or
    m. Any oxidizer or mixture thereof that is a compound composed 
of fluorine and one or more of the following--other halogens, 
oxygen, or nitrogen.

    Note: Nitrogen trifluoride (NF3) in a gaseous state 
is controlled by ECCN 1C992 and not by 1C018.


    Note: National security is not a reason for control for chlorine 
trifluoride.


    Note: If a chemical in paragraphs .1 or .m of 1C018 is 
incorporated into a commercial charge or device described in 
paragraphs .c through .k of ECCN 1C018 or in 1C992, the 
classification of the commercial charge or device applies to the 
item.

* * * * *

0
23. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1, ECCN 1D003 is amended by:
0
a. Revising the Heading;
0
b. Adding ``RS'' after ``NS'' to the Reason for Control paragraph in 
the License Requirements section;
0
c. Adding an RS Column 2 paragraph after the NS Column 2 paragraph in 
the License Requirements section, to read as follows:

1D003 ``Software'' specially designed or modified to enable equipment 
to perform the functions of equipment controlled under 1A004.c or 
1A004.d.

License Requirements

    Reason for Control: NS, RS, AT.

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.
RS applies to software for equipment     RS Column 2.
 controlled by 1A004.d.
AT applies to entire entry.............  AT Column 1.
------------------------------------------------------------------------

* * * * *

0
24. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1, ECCN 1E001 is amended by:
0
a. Revising the Heading;
0
b. Adding ``RS'' after CB in the Reason for Control paragraph of the 
License Requirements section;
0
c. Revising the NS Column 1 paragraph in the License Requirements 
section; and
0
d. Adding a new RS Column 2 paragraph after the CB Column 2 paragraph 
in the License Requirements section; and
0
e. Revising the Related Controls paragraph, to read as follows:

1E001 ``Technology'' According to the General Technology Note for the 
``Development'' or ``Production'' of Items Controlled by 1A001.b, 
1A001.c, 1A002, 1A003, 1A004, 1A005, 1A006.b, 1A007, 1A008, 1A101, 1B 
(except 1B999), or 1C (except 1C355, 1C980 to 1C984, 1C988, 1C990, 
1C991, 1C995 to 1C999).

License Requirements

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

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to ``technology'' for items   NS Column 1.
 controlled by 1A001.b and .c, 1A002,
 1A003, 1A005, 1A006.b, 1A007, 1A008,
 1B001 to 1B003, 1B018, 1C001 to 1C011,
 or 1C018.

                                * * * * *
RS applies to technology for equipment   RS Column 2.
 controlled in 1A004.d.
------------------------------------------------------------------------

* * * * *

------------------------------------------------------------------------
               Control(s)                         Country Chart
------------------------------------------------------------------------
NS applies to ``technology'' for items   NS Column 1.
 controlled by 1A001.b and .c, 1A002,
 1A003, 1A005, 1A006.b, 1A007, 1A008,
 1B001 to 1B003, 1B018, 1C001 to 1C011,
 or 1C018.

                                * * * * *
RS applies to technology for equipment   RS Column 2.
 controlled in 1A004.d.
------------------------------------------------------------------------

* * * * *

List of Items Controlled

* * * * *
    Related Controls: (1) Also see ECCNs 1E101, 1E201, and 1E202. 
(2) See ECCN 1E002.g for control libraries (parametric technical 
databases) specially designed or modified to enable equipment to 
perform the functions of equipment controlled under 1A004.c 
(Nuclear, biological and chemical (NBC) detection systems). (3) 
``Technology'' for lithium isotope separation (see related ECCN 
1B233) and ``technology'' for items described in ECCN 1C012 are 
subject to the export licensing authority of the Nuclear Regulatory 
Commission (see 10 CFR part 110). (4) ``Technology'' for items 
described in ECCN 1A102 is subject to the export licensing authority 
of the U.S. Department of State, Directorate of Defense Trade 
Controls (see 22 CFR part 121).
* * * * *

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

1E002 Other ``technology'' as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. ``Technology'' for the ``development'' or ``production'' of 
polybenzothiazoles or polybenzoxazoles;
    b. ``Technology'' for the ``development'' or ``production'' of 
fluoroelastomer compounds containing at least one vinylether 
monomer;
    c. ``Technology'' for the design or ``production'' of the 
following base materials or non-``composite'' ceramic materials:
    c.1. Base materials having all of the following:
    c.1.a. Any of the following compositions:
    c.1.a.1. Single or complex oxides of zirconium and complex 
oxides of silicon or aluminum;
    c.1.a.2. Single nitrides of boron (cubic crystalline forms);
    c.1.a.3. Single or complex carbides of silicon or boron; or
    c.1.a.4. Single or complex nitrides of silicon;
    c.1.b. Any of the following total metallic impurities (excluding 
intentional additions):
    c.1.b.1. Less than 1,000 ppm for single oxides or carbides; or
    c.1.b.2. Less than 5,000 ppm for complex compounds or single 
nitrides; and
    c.1.c. Being any of the following:
    c.1.c.1. Zirconia with an average particle size equal to or less 
than 1 [mu]m and no more than 10% of the particles larger than 5 
[mu]m;
    c.1.c.2. Other base materials with an average particle size 
equal to or less than 5 [mu]m and no more than 10% of the particles 
larger than 10 [mu]m; or
    c.1.c.3. Having all of the following:
    c.1.c.3.a. Platelets with a length to thickness ratio exceeding 
5;
    c.1.c.3.b. Whiskers with a length to diameter ratio exceeding 10 
for diameters less than 2 [mu]m; and

[[Page 66015]]

    c.1.c.3.c. Continuous or chopped fibers less than 10 [mu]m in 
diameter;
    c.2. Non-``composite'' ceramic materials composed of the 
materials described in 1E002.c.1;

    Note: 1E002.c.2 does not control technology for the design or 
production of abrasives.

    d. ``Technology'' for the ``production'' of aromatic polyamide 
fibers;
    e. ``Technology'' for the installation, maintenance or repair of 
materials controlled by 1C001;
    f. ``Technology'' for the repair of ``composite'' structures, 
laminates or materials controlled by 1A002, 1C007.c or 1C007.d;

    Note: 1E002.f does not control ``technology'' for the repair of 
``civil aircraft'' structures using carbon ``fibrous or filamentary 
materials'' and epoxy resins, contained in aircraft manufacturers' 
manuals.

    g. `Libraries' (parametric technical databases) specially 
designed or modified to enable equipment to perform the functions of 
equipment controlled under 1A004.c or 1A004.d.

    Technical Note: For the purpose of 1E002.g, `library' 
(parametric technical database) means a collection of technical 
information, reference to which may enhance the performance of 
relevant equipment or systems.

* * * * *



0
26. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1 is amended by adding to the end of this category an annex 
that lists explosives to read as follows:

Annex to Category 1

List of Explosives (See ECCNs 1A004 and 1A008)

    1. ADNBF (aminodinitrobenzofuroxan or 7-amino-4,6-
dinitrobenzofurazane-1-oxide) (CAS 97096-78-1);
    2. BNCP (cis-bis (5-nitrotetrazolato) tetra amine-cobalt (III) 
perchlorate) (CAS 117412-28-9);
    3. CL-14 (diamino dinitrobenzofuroxan or 5,7-diamino-4,6-
dinitrobenzofurazane-1-oxide) (CAS 117907-74-1);
    4. CL-20 (HNIW or Hexanitrohexaazaisowurtzitane) (CAS 135285-90-
4); chlathrates of CL-20;
    5. CP (2-(5-cyanotetrazolato) penta amine-cobalt (III) 
perchlorate) (CAS 70247-32-4);
    6. DADE (1,1-diamino-2,2-dinitroethylene, FOX7);
    7. DATB (diaminotrinitrobenzene) (CAS 1630-08-6);
    8. DDFP (1,4-dinitrodifurazanopiperazine);
    9. DDPO (2,6-diamino-3,5-dinitropyrazine-1-oxide, PZO) (CAS 
194486-77-6);
    10. DIPAM (3,3'-diamino-2,2',4,4',6,6'-hexanitrobiphenyl or 
dipicramide) (CAS 17215-44-0);
    11. DNGU (DINGU or dinitroglycoluril) (CAS 55510-04-8);
    12. Furazans as follows:
    a. DAAOF (diaminoazoxyfurazan);
    b. DAAzF (diaminoazofurazan) (CAS 78644-90-3);
    13. HMX and derivatives, as follows:
    a. HMX (Cyclotetramethylenetetranitramine, octahydro-1,3,5,7-
tetranitro-1,3,5,7-tetrazine, 1,3,5,7-tetranitro-1,3,5,7-tetraza-
cyclooctane, octogen or octogene) (CAS 2691-41-0);
    b. difluoroaminated analogs of HMX;
    c. K-55 (2,4,6,8-tetranitro-2,4,6,8-tetraazabicyclo [3,3,0]-
octanone-3, tetranitrosemiglycouril or keto-bicyclic HMX) (CAS 
130256-72-3);
    14. HNAD (hexanitroadamantane) (CAS 143850-71-9);
    15. HNS (hexanitrostilbene) (CAS 20062-22-0);
    16. Imidazoles as follows:
    a. BNNII (Octahydro-2,5-bis(nitroimino)imidazo [4,5-
d]imidazole);
    b. DNI (2,4-dinitroimidazole) (CAS 5213-49-0);
    c. FDIA (1-fluoro-2,4-dinitroimidazole);
    d. NTDNIA (N-(2-nitrotriazolo)-2,4-dinitroimidazole);
    e. PTIA (1-picryl-2,4,5-trinitroimidazole);
    17. NTNMH (1-(2-nitrotriazolo)-2-dinitromethylene hydrazine);
    18. NTO (ONTA or 3-nitro-1,2,4-triazol-5-one) (CAS 932-64-9);
    19. Polynitrocubanes with more than four nitro groups;
    20. PYX (2,6-Bis(picrylamino)-3,5-dinitropyridine) (CAS 38082-
89-2);
    21. RDX and derivatives, as follows:
    a. RDX (cyclotrimethylenetrinitramine, cyclonite, T4, hexahydro-
1,3,5-trinitro-1,3,5-triazine, 1,3,5-trinitro-1,3,5-triaza-
cyclohexane, hexogen or hexogene) (CAS 121-82-4);
    b. Keto-RDX (K-6 or 2,4,6-trinitro-2,4,6-triazacyclohexanone) 
(CAS 115029-35-1);
    22. TAGN (triaminoguanidinenitrate) (CAS 4000-16-2);
    23. TATB (triaminotrinitrobenzene) (CAS 3058-38-6);
    24. TEDDZ (3,3,7,7-tetrabis(difluoroamine) octahydro-1,5-
dinitro-1,5-diazocine);
    25. Tetrazoles as follows:
    a. NTAT (nitrotriazol aminotetrazole);
    b. NTNT (1-N-(2-nitrotriazolo)-4-nitrotetrazole);
    26. Tetryl (trinitrophenylmethylnitramine) (CAS 479-45-8);
    27. TNAD (1,4,5,8-tetranitro-1,4,5,8-tetraazadecalin) (CAS 
135877-16-6);
    28. TNAZ (1,3,3-trinitroazetidine) (CAS 97645-24-4);
    29. TNGU (SORGUYL or tetranitroglycoluril) (CAS 55510-03-7);
    30. TNP (1,4,5,8-tetranitro-pyridazino[4,5-d]pyridazine) (CAS 
229176-04-9);
    31. Triazines as follows:
    a. DNAM (2-oxy-4,6-dinitroamino-s-triazine) (CAS 19899-80-0);
    b. NNHT (2-nitroimino-5-nitro-hexahydro-1,3,5-triazine) (CAS 
130400-13-4);
    32. Triazoles as follows:
    a. 5-azido-2-nitrotriazole;
    b. ADHTDN (4-amino-3,5-dihydrazino-1,2,4-triazole dinitramide) 
(CAS 1614-08-0);
    c. ADNT (1-amino-3,5-dinitro-1,2,4-triazole);
    d. BDNTA ([bis-dinitrotriazole]amine);
    e. DBT (3,3'-dinitro-5,5-bi-1,2,4-triazole) (CAS 30003-46-4);
    f. DNBT (dinitrobistriazole) (CAS 70890-46-9);
    g. NTDNA (2-nitrotriazole 5-dinitramide) (CAS 75393-84-9);
    h. NTDNT (1-N-(2-nitrotriazolo) 3,5-dinitrotriazole);
    i. PDNT (1-picryl-3,5-dinitrotriazole);
    j. TACOT (tetranitrobenzotriazolobenzotriazole) (CAS 25243-36-
1);
    33. ``Explosives'' not listed elsewhere in this list having a 
detonation velocity exceeding 8,700 m/s, at maximum density, or a 
detonation pressure exceeding 34 GPa (340 kbar);
    34. Organic ``explosives'' not listed elsewhere in this list 
yielding detonation pressures of 25 GPa (250 kbar) or more that will 
remain stable at temperatures of 523 K (250 [deg]C) or higher, for 
periods of 5 minutes or longer;
    35. Nitrocellulose (containing more than 12.5% nitrogen);
    36. Nitroglycol;
    37. Pentaerythritol tetranitrate (PETN);
    38. Picryl chloride;
    39. 2,4,6-Trinitrotoluene (TNT);
    40. Nitroglycerine (NG);
    41. Triacetone Triperoxide (TATP);
    42. Guanidine nitrate;
    43. Nitroguanidine (NQ) (CAS 556-88-7).




0
27. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2, ECCN 2A983 is amended by removing and reserving paragraph b 
in the Items paragraph of the List of Items Controlled.


0
28. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3 is amended by removing the last sentence in the Nota Bene 
(``N.B.'').


0
29. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3. Electronics, Export Control Classification Number (ECCN) 
3A001 is amended by:
0
a. Revising the GBS paragraph of the License Exception section; and
0
b. In the Items paragraph of the List of Items Controlled section:
0
1. Revising Note 2 in paragraph a;
0
2. Revising paragraphs a.7, a.10, b.8, introductory text of b.9, b.10, 
introductory text of c, c.1, c.1.a, c.1.b.1, c.1.c.3, c.2, c.3, e.1 
introductory text, e.1.b, e.4 introductory text, f introductory text, 
and g.2.b introductory text; and
    The revisions and additions read as follows:
0
3. Adding paragraphs b.10 and h.

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

* * * * *

License Exceptions

* * * * *
    GBS: Yes for 3A001.a.1.b, a.2 to a.12 (except .a.5.a when 
controlled for MT), b.2,

[[Page 66016]]

b.8 except for TWTAs exceeding 18 GHz), b.9., b.10, .g, and .h.
* * * * *

List of Items Controlled

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

    Note 2: Integrated circuits include the following types:
    --``Monolithic integrated circuits'';
    --``Hybrid integrated circuits'';
    --``Multichip integrated circuits'';
    --``Film type integrated circuits'', including silicon-on-
sapphire integrated circuits;
    --``Optical integrated circuits''.

* * * * *
    a.7. `Field programmable logic devices' having any of the 
following:
    a.7.a. A maximum number of digital input/outputs greater than 
200; or
    a.7.b. A system gate count of greater than 230,000;

    Note: 3A001.a.7 includes:
    --Simple Programmable Logic Devices (SPLDs),
    --Complex Programmable Logic Devices (CPLDs),
    --Field Programmable Gate Arrays (FPGAs),
    --Field Programmable Logic Arrays (FPLAs), and
    --Field Programmable Interconnects (FPICs).


    Technical Notes: 1. `Field programmable logic devices' are also 
known as field programmable gate or field programmable logic arrays.
    2. Maximum number of digital input/outputs in 3A001.a.7.a is 
also referred to as maximum user input/outputs or maximum available 
input/outputs, whether the integrated circuit is packaged or bare 
die.

* * * * *
    a.10. Custom integrated circuits for which the function is 
unknown, or the control status of the equipment in which the 
integrated circuits will be used is unknown to the manufacturer, 
having any of the following:
    a.10.a. More than 1,500 terminals;
    a.10.b. A typical ``basic gate propagation delay time'' of less 
than 0.02 ns; or
    a.10.c. An operating frequency exceeding 3 GHz;
* * * * *
    b. * * *
    b.8. Microwave power amplifiers containing tubes controlled by 
3A001.b.1 and having all of the following:
    b.8.a. Operating frequencies above 3 GHz;
    b.8.b. An average output power to mass ratio exceeding 80 W/kg; 
and
    b.8.c. A volume of less than 400 cm\3\;

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

* * * * *
    b.9. Microwave power modules (MPM) consisting of, at least, a 
traveling wave tube, a microwave ``monolithic integrated circuit'' 
and an integrated electronic power conditioner and having all of the 
following:
* * * * *
    b.10. Oscillators or oscillator assemblies, designed to operate 
with all of the following:
    b.10.a. A single sideband (SSB) phase noise, in dBc/Hz, better 
than -(126+20 log10F-20 log10f) for 10 Hz 
10F-20 log10f) for 10 kHz <= 
F < 500 kHz;

    Technical Note: In 3A001.b.10, F is the offset from the 
operating frequency in Hz and f is the operating frequency in MHz.

    c. Acoustic wave devices as follows and specially designed 
components therefor:
    c.1. Surface acoustic wave and surface skimming (shallow bulk) 
acoustic wave devices, having any of the following:
    c.1.a. A carrier frequency exceeding 6 GHz;
    c.1.b. A carrier frequency exceeding 1 GHz, but not exceeding 6 
GHz and having any of the following:
    c.1.b.1. A `frequency side-lobe rejection' exceeding 65 dB;
* * * * *
    c.1.c. * * *
    c.1.c.3. A `frequency side-lobe rejection' exceeding 65 dB and a 
bandwidth greater than 100 MHz;

    Technical Note: `Frequency side-lobe rejection' is the maximum 
rejection value specified in data sheet.

    c.2. Bulk (volume) acoustic wave devices that permit the direct 
processing of signals at frequencies exceeding 6 GHz;
    c.3. Acoustic-optic ``signal processing'' devices employing 
interaction between acoustic waves (bulk wave or surface wave) and 
light waves that permit the direct processing of signals or images, 
including spectral analysis, correlation or convolution;

    Note: 3A001.c does not control acoustic wave devices that are 
limited to a single band pass, low pass, high pass or notch 
filtering, or resonating function.

* * * * *
    e. * * *
    e.1. `Cells' as follows:
* * * * *
    e.1.b. `Secondary cells' having an `energy density' exceeding 
250 Wh/kg at 293 K (20 [deg]C);
* * * * *
    e.4. Solar cells, cell-interconnect-coverglass (CIC) assemblies, 
solar panels, and solar arrays, which are ``space qualified,'' 
having a minimum average efficiency exceeding 20% at an operating 
temperature of 301 K (28 [deg]C) under simulated `AM0' illumination 
with an irradiance of 1,367 Watts per square meter (W/m\2\);
* * * * *
    f. Rotary input type absolute position encoders having an 
accuracy equal to or less (better) than  1.0 second of 
arc;
    g. * * *
    g.2. * * *
    g.2.b. A peak (surge) current equal to or greater than 3,000 A;
* * * * *
    h. Solid-state power semiconductor switches, diodes, or 
`modules', having all of the following:
    h.1. Rated for a maximum operating junction temperature greater 
than 488 K (215 [deg]C);
    h.2. Repetitive peak off-state voltage (blocking voltage) 
exceeding 300 V; and
    h.3. Continuous current greater than 1 A.

    Technical Note: For the purposes of 3A001.h, `modules' contain 
one or more solid-state power semiconductor switches or diodes.


    Note 1: Repetitive peak off-state voltage in 3A001.h includes 
drain to source voltage, collector to emitter voltage, repetitive 
peak reverse voltage and peak repetitive off-state blocking voltage.


    Note 2: 3A001.h. includes:


--Junction Field Effect Transistors (JFETs)
--Vertical Junction Field Effect Transistors (VJFETs)
--Metal Oxide Semiconductor Field Effect Transistors (MOSFETs)
--Double Diffused Metal Oxide Semiconductor Field Effect Transistor 
(DMOSFET)
--Insulated Gate Bipolar Transistor (IGBT)
--High Electron Mobility Transistors (HEMTs)
--Bipolar Junction Transistors (BJTs)
--Thyristors and Silicon Controlled Rectifiers (SCRs)
--Gate Turn-Off Thyristors (GTOs)
--Emitter Turn-Off Thyristors (ETOs)
--PiN Diodes
--Schottky Diodes

    Note 3: 3A001.h. does not apply to switches, diodes, or 
`modules' incorporated into equipment designed for civil automobile, 
civil railway, or ``civil aircraft'' applications.

* * * * *
0
30. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3, ECCN 3A002 is amended by revising paragraphs a.6, d.3.a, 
and d.4 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:
* * * * *
    a.6. Digital instrumentation data recorders using magnetic disk 
storage technique and having all of the following:
* * * * *
    d. * * *
    d.3. * * *
    d.3.a. Less than 312 ps;
* * * * *
    d.4. A maximum synthesized frequency exceeding 3.2 GHz and 
having all of the following:
    d.4.a. A single sideband (SSB) phase noise, in dBc/Hz, better 
than - (126+20 log10F-20 log10f) for 10 Hz < F 
< 10 kHz; and

[[Page 66017]]

    d.4.b. A single sideband (SSB) phase noise, in dBc/Hz, better 
than - (114+20 log10F-20 log10f) for 10 kHz <= 
F < 500 kHz;

    Technical Note: In 3A002.d.4, F is the offset from the operating 
frequency in Hz and f is the operating frequency in MHz.

* * * * *

0
31. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3, ECCN 3B001 is amended by adding a new note to paragraph a.1 
and revising paragraph f.3 introductory text in the Items paragraph of 
the List of Items Controlled section to read as follows:

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

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. * * *
    a.1. * * *

    Note: 3B001.a.1 includes atomic layer epitaxy (ALE) equipment.

* * * * *
    f.3. Equipment specially designed for mask making or 
semiconductor device processing using direct writing methods, having 
all of the following:
* * * * *

0
32. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 4, ECCN 4D001 is amended by revising the Heading, the License 
Exception section, and the Items paragraph of the List of Items 
Controlled section to read as follows:

4D001 ``Software'' as follows (see List of Items Controlled).

* * * * *

License Exceptions

    CIV: N/A
    TSR: Yes, except for ``software'' for the ``development'' or 
``production'' of commodities with an ``Adjusted Peak Performance'' 
(``APP'') exceeding 0.5 WT.
    APP: Yes to specific countries (see Sec.  740.7 of the EAR for 
eligibility criteria)

List of Items Controlled

* * * * *
    Items:
    a. ``Software'' specially designed or modified for the 
``development'', ``production'' or ``use'' of equipment or 
``software'' controlled by 4A001 to 4A004, or 4D (except 4D980, 
4D993 or 4D994).
    b. ``Software'', other than that controlled by 4D001.a, 
specially designed or modified for the ``development'' or 
``production'' of equipment as follows:
    b.1. ``Digital computers'' having an ``Adjusted Peak 
Performance'' (``APP'') exceeding 0.1 Weighted TeraFLOPS (WT);
    b.2. ``Electronic assemblies'' specially designed or modified 
for enhancing performance by aggregation of processors so that the 
``APP'' of the aggregation exceeds the limit in 4D001.b.1.
* * * * *

0
33. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 4, ECCN 4D003 is amended by revising the Heading, the TSR 
paragraph of the License Exception section, and the Related Controls 
and Items paragraphs of the List of Items Controlled section to read as 
follows:

4D003 ``Software'' having characteristics or performing functions 
exceeding the limits in Category 5, Part 2 (``Information Security'').

* * * * *

License Exceptions

    CIV: * * *
    TSR: N/A

List of Items Controlled

    Unit: * * *
    Related Controls: See Category 5, Part 2 for the control status 
of ``software'' in this entry. See also 4D993.
    Related Definitions: * * *
    Items:
    The list of items controlled is contained in the ECCN heading.
* * * * *

0
34. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 4, ECCN 4E001 is amended by revising the Heading, the TSR 
paragraph of the License Exception section, and the Items paragraph of 
the List of Items Controlled section to read as follows:

4E001 ``Technology'' as follows (see List of Items Controlled).

* * * * *

License Exceptions

    CIV: * * *
    TSR: Yes, except for ``technology'' for the ``development'' or 
``production'' of commodities with an ``Adjusted Peak Performance'' 
(``APP'') exceeding 0.5 WT.
    APP: * * *

List of Items Controlled

* * * * *
    Items:
    a. ``Technology'' according to the General Technology Note, for 
the ``development'', ``production'', or ``use'' of equipment or 
``software'' controlled by 4A (except 4A980 or 4A994) or 4D (except 
4D980, 4D993, 4D994).
    b. ``Technology'', other than that controlled by 4E001.a, 
specially designed or modified for the ``development'' or 
``production'' of equipment as follows:
    b.1. ``Digital computers'' having an ``Adjusted Peak 
Performance'' (``APP'') exceeding 0.1 Weighted TeraFLOPS (WT);
    b.2. ``Electronic assemblies'' specially designed or modified 
for enhancing performance by aggregation of processors so that the 
``APP'' of the aggregation exceeds the limit in 4E001.b.1.
* * * * *

0
35. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5, Part 1, ECCN 5A001 is amended by
0
a. Revising the License Requirement section;
0
b. Revising the License Exception section;
0
c. Revising paragraphs f and g in the Items paragraph of the of the 
List of Items Controlled section, as set forth below;
0
d. Adding a new paragraph h to the Items paragraph of the List of Items 
Controlled section, to read as follows:

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

License Requirements

    Reason for Control: NS, AT.

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to 5A001.a, and .e..........  NS Column 1.
NS applies to 5A001.b, .c, .d, .f, .g,   NS Column 2.
 .h.
AT applies to entire entry.............  AT Column 1.
------------------------------------------------------------------------

    License Requirement Notes: See Sec.  743.1 of the EAR for 
reporting requirements for exports under License Exceptions.

License Exceptions

    LVS: N/A for 5A001.a, b.5, .e
    $5000 for 5A001b.1, b.2, b.3, b.6, and .d through .h
    $3000 for 5A001.c
* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    f. Jamming equipment specially designed or modified to 
intentionally and selectively interfere with, deny, inhibit, degrade 
or seduce mobile telecommunication services and perform any of the 
following, and specially designed components therefore:
    f.1. Simulate the functions of Radio Access Network (RAN) 
equipment;
    f.2. Detect and exploit specific characteristics of the mobile 
telecommunications protocol employed (e.g., GSM); or
    f.3. Exploit specific characteristics of the mobile 
telecommunications protocol employed (e.g., GSM);
    N.B.: For GNSS jamming equipment see the International Traffic 
in Arms Regulations (ITAR) (22 CFR Parts 120-130).
    g. Passive Coherent Location (PCL) systems or equipment, 
specially designed for detecting and tracking moving objects by 
measuring reflections of ambient radio frequency emissions, supplied 
by non-radar transmitters.

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



[[Page 66018]]


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

    h. Electronic equipment designed or modified to prematurely 
activate or prevent the initiation of Radio Controlled Improvised 
Explosive Devices (RCIED).
    N.B.: See also Category XI of the International Traffic in Arms 
Regulations (ITAR) (22 CFR Parts 120-130).
* * * * *

0
36. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5, Part I,ECCN 5B001 is amended by revising the Heading and 
the Items paragraph of the List of Items Controlled section to read as 
follows:

5B001 Telecommunication test, inspection and production equipment, 
components and accessories, as follows (See List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Equipment and specially designed components or accessories 
therefor, specially designed for the ``development'', ``production'' 
or ``use'' of equipment, functions or features, controlled by 5A001;

    Note: 5B001.a does not control optical fiber characterization 
equipment.

    b. Equipment and specially designed components or accessories 
therefor, specially designed for the ``development'' of any of the 
following telecommunication transmission or switching equipment:
    b.1. Equipment employing digital techniques designed to operate 
at a ``total digital transfer rate'' exceeding 15 Gbit/s;

    Technical Note: For switching equipment the ``total digital 
transfer rate'' is measured at the highest speed port or line.

    b.2. Equipment employing a ``laser'' and having any of the 
following:
    b.2.a. A transmission wavelength exceeding 1750 nm;
    b.2.b. Performing ``optical amplification'' using praseodymium-
doped fluoride fiber amplifiers (PDFFA);
    b.2.c. Employing coherent optical transmission or coherent 
optical detection techniques (also called optical heterodyne or 
homodyne techniques); or
    b.2.d. Employing analog techniques and having a bandwidth 
exceeding 2.5 GHz;

    Note: 5B001.b.2.d. does not include equipment specially designed 
for the ``development'' of commercial TV systems.

    b.3. Equipment employing ``optical switching'';
    b.4. Radio equipment employing Quadrature-Amplitude-Modulation 
(QAM) techniques above level 256; or
    b.5. Equipment employing ``common channel signaling'' operating 
in non-associated mode of operation.
* * * * *

0
37. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5, Part I,ECCN 5D001 is amended by revising the Heading and 
the Items paragraph of the List of Items Controlled section to read as 
follows:

5D001 ``Software'' as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. ``Software'' specially designed or modified for the 
``development'', ``production'' or ``use'' of equipment, functions 
or features, controlled by 5A001;
    b. ``Software'' specially designed or modified to support 
``technology'' controlled by 5E001;
    c. Specific ``software'' specially designed or modified to 
provide characteristics, functions or features of equipment, 
controlled by 5A001 or 5B001;
    d. ``Software'' specially designed or modified for the 
``development'' of any of the following telecommunication 
transmission or switching equipment:
    d.1. Equipment employing digital techniques, including designed 
to operate at a ``total digital transfer rate'' exceeding 15 Gbit/s;

    Technical Note: For switching equipment the ``total digital 
transfer rate'' is measured at the highest speed port or line.

    d.2. Equipment employing a ``laser'' and having any of the 
following:
    d.2.a. A transmission wavelength exceeding 1,750 nm; or
    d.2.b. Employing analog techniques and having a bandwidth 
exceeding 2.5 GHz;

    Note: 5D001.d.2.b. does not control ``software'' specially 
designed or modified for the ``development'' of commercial TV 
systems.

    d.3. Equipment employing ``optical switching''; or
    d.4. Radio equipment employing Quadrature-Amplitude-Modulation 
(QAM) techniques above level 256.
* * * * *

0
38. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5, Part I,ECCN 5E001 is amended by revising the Heading and 
the Items paragraph of the List of Items Controlled section to read as 
follows:

5E001 ``Technology'' as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. ``Technology'' according to the General Technology Note for 
the ``development'', ``production'' or ``use'' (excluding operation) 
of equipment, functions or features, controlled by 5A001 or 
``software'' controlled by 5D001.a.
    b. Specific ``technology'' as follows:
    b.1. ``Required'' ``technology'' for the ``development'' or 
``production'' of telecommunications equipment specially designed to 
be used on board satellites;
    b.2. ``Technology'' for the ``development'' or ``use'' of 
``laser'' communication techniques with the capability of 
automatically acquiring and tracking signals and maintaining 
communications through exoatmosphere or sub-surface (water) media;
    b.3. ``Technology'' for the ``development'' of digital cellular 
radio base station receiving equipment whose reception capabilities 
that allow multi-band, multi-channel, multi-mode, multi-coding 
algorithm or multi-protocol operation can be modified by changes in 
``software'';
    b.4. ``Technology'' for the ``development'' of ``spread 
spectrum'' techniques, including ``frequency hopping'' techniques;
    c. ``Technology'' according the General Technology Note for the 
``development'' or ``production'' of any of the following:
    c.1. Equipment employing digital techniques designed to operate 
at a ``total digital transfer rate'' exceeding 15 Gbit/s;

    Technical Note: For switching equipment the ``total digital 
transfer rate'' is measured at the highest speed port or line.

    c.2. Equipment employing a ``laser'' and having any of the 
following:
    c.2.a. A transmission wavelength exceeding 1,750 nm;
    c.2.b. Performing ``optical amplification'' using Praseodymium-
Doped Fluoride Fiber Amplifiers (PDFFA);
    c.2.c. Employing coherent optical transmission or coherent 
optical detection techniques (also called optical heterodyne or 
homodyne techniques);
    c.2.d. Employing wavelength division multiplexing techniques of 
optical carriers at less than 100 GHz spacing; or
    c.2.e. Employing analog techniques and having a bandwidth 
exceeding 2.5 GHz;

    Note: 5E001.c.2.e. does not control ``technology'' for the 
``development'' or ``production'' of commercial TV systems.


    N.B.: For ``technology'' for the ``development'' or 
``production'' of non-telecommunications equipment employing a 
``laser'', see Product Group E of Category 6, e.g., 6E00x.

    c.3. Equipment employing ``optical switching''; or
    c.4. Radio equipment having any of the following:
    c.4.a. Quadrature-Amplitude-Modulation (QAM) techniques above 
level 256; or
    c.4.b. Operating at input or output frequencies exceeding 31.8 
GHz; or

    Note: 5E001.c.4.b. does not control ``technology'' for the 
``development'' or ``production'' of equipment designed or modified 
for operation in any frequency band which is ``allocated by the 
ITU'' for radio-communications services, but not for radio-
determination.

    c.4.c. Operating in the 1.5 MHz to 87.5 MHz band and 
incorporating adaptive techniques providing more than 15 dB 
suppression of an interfering signal;
    c.5. Equipment employing ``common channel signaling'' operating 
in non-associated mode of operation; or
    c.6. Mobile equipment having all of the following:

[[Page 66019]]

    c.6.a. Operating at an optical wavelength greater than or equal 
to 200 nm and less than or equal to 400 nm; and
    c.6.b. Operating as a ``local area network'';
    d. ``Technology'' according to the General Technology Note for 
the ``development'' or ``production'' of Microwave Monolithic 
Integrated Circuit (MMIC) power amplifiers specially designed for 
telecommunications and having any of the following:
    d.1. Rated for operation at frequencies exceeding 3.2 GHz up to 
and including 6 GHz and with an average output power greater than 4 
W (36 dBm) with a ``fractional bandwidth'' greater than 15%;
    d.2. Rated for operation at frequencies exceeding 6 GHz up to 
and including 16 GHz and with an average output power greater than 1 
W (30 dBm) with a ``fractional bandwidth'' greater than 10%;
    d.3. Rated for operation at frequencies exceeding 16 GHz up to 
and including 31.8 GHz and with an average output power greater than 
0.8 W (29 dBm) with a ``fractional bandwidth'' greater than 10%;
    d.4. Rated for operation at frequencies exceeding 31.8 GHz up to 
and including 37.5 GHz;
    d.5. Rated for operation at frequencies exceeding 37.5 GHz up to 
and including 43.5 GHz and with an average output power greater than 
0.25 W (24 dBm) with a ``fractional bandwidth'' greater than 10%; or
    d.6. Rated for operation at frequencies exceeding 43.5 GHz;
    e. ``Technology'' according to the General Technology Note for 
the ``development'' or ``production'' of electronic devices and 
circuits, specially designed for telecommunications and containing 
components manufactured from ``superconductive'' materials, 
specially designed for operation at temperatures below the 
``critical temperature'' of at least one of the ``superconductive'' 
constituents and having any of the following:
    e.1. Current switching for digital circuits using 
``superconductive'' gates with a product of delay time per gate (in 
seconds) and power dissipation per gate (in watts) of less than 
10-14 J; or
    e.2. Frequency selection at all frequencies using resonant 
circuits with Q-values exceeding 10,000.
* * * * *

0
39. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5, Part II, ECCN 5A002 is amended by:
0
a. Revising the Note at the beginning of the Items paragraph of the 
List of Items Controlled section;
0
b. Revising paragraph a.7 in the Items paragraph in the List of Items 
Controlled section to read as follows:

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

* * * * *

List of Items Controlled

* * * * *
    Items:

    Note: 5A002 does not control any of the following. However, 
these items are instead controlled under 5A992:
    a. ``Personalized smart cards'' having any of the following:
    1. Where the cryptographic capability is restricted for use in 
equipment or systems excluded from entries (b) through (g) of this 
Note; or
    2. For general public-use applications where the cryptographic 
capability is not user-accessible and it is specially designed and 
limited to allow protection of personal data stored within;

    N.B.: If a ``personalized smart card'' has multiple functions, 
the status of each function is assessed individually.
    b. Receiving equipment for radio broadcast, pay television or 
similar restricted audience broadcast of the consumer type, without 
digital encryption except that exclusively used for sending the 
billing or program-related information back to the broadcast 
providers;
    c. Equipment where the cryptographic capability is not user-
accessible and which is specially designed and limited to allow any 
of the following:
    1. Execution of copy-protected ``software'';
    2. Access to any of the following:
    a. Copy-protected contents stored on read-only media; or
    b. Information stored in encrypted form on media (e.g., in 
connection with the protection of intellectual property rights) 
where the media is offered for sale in identical sets to the public;
    3. Copying control of copyright protected audio/video data; or
    4. Encryption and/or decryption for protection of libraries, 
design attributes, or associated data for the design of 
semiconductor devices or integrated circuits;
    d. Cryptographic equipment specially designed and limited for 
banking use or `money transactions';

    Technical Note: The term `money transactions' includes the 
collection and settlement of fares or credit functions.

    e. Portable or mobile radiotelephones for civil use (e.g., for 
use with commercial civil cellular radio communication systems) that 
are not capable of transmitting encrypted data directly to another 
radiotelephone or equipment (other than Radio Access Network (RAN) 
equipment), nor of passing encrypted data through RAN equipment 
(e.g., Radio Network Controller (RNC) or Base Station Controller 
(BSC));
    f. Cordless telephone equipment not capable of end-to-end 
encryption where the maximum effective range of unboosted cordless 
operation (e.g., a single, unrelayed hop between terminal and home 
base station) is less than 400 meters according to the 
manufacturer's specifications;
    g. Portable or mobile radiotelephones and similar client 
wireless devices for civil use, that implement only published or 
commercial cryptographic standards (except for anti-piracy 
functions, which may be non-published) and also meet the provisions 
of paragraphs b. to d. of the Cryptography Note (Note 3 in Category 
5--Part 2), that have been customized for a specific civil industry 
application with features that do not affect the cryptographic 
functionality of these original non-customized devices;
    h. Equipment specially designed for the servicing of portable or 
mobile radiotelephones and similar client wireless devices that meet 
all the provisions of the Cryptography Note (Note 3 in Category 5, 
Part 2), where the servicing equipment meets all of the following:
    1. The cryptographic functionality of the servicing equipment 
cannot easily be changed by the user of the equipment;
    2. The servicing equipment is designed for installation without 
further substantial support by the supplier; and
    3. The servicing equipment cannot change the cryptographic 
functionality of the device being serviced; or
    i. Wireless ``personal area network'' equipment that implement 
only published or commercial cryptographic standards and where the 
cryptographic capability is limited to a nominal operating range not 
exceeding 30 metres according to the manufacturer's specifications.
    a. * * *
    a.7. Non-cryptographic information and communications technology 
(ICT) security systems and devices evaluated to an assurance level 
exceeding class EAL-6 (evaluation assurance level) of the Common 
Criteria (CC) or equivalent;
* * * * *

0
40. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5, Part II, ECCN 5B002 is amended by revising the Heading and 
the Items paragraph of the List of Items Controlled section, to read as 
follows:

5B002 ``Information Security'' test, inspection and ``production'' 
equipment, as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Equipment specially designed for the ``development'' or 
``production'' of equipment controlled by 5A002 or 5B002.b;
    b. Measuring equipment specially designed to evaluate and 
validate the ``information security'' functions of equipment 
controlled by 5A002 or ``software'' controlled by 5D002.a or 
5D002.c.
* * * * *

0
41. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5, Part II, ECCN 5D002 is amended by revising the Heading and 
the Items paragraph of the List of Items Controlled section, to read as 
follows:

5D002 ``Software'' as follows (see List of Items Controlled)

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. ``Software'' specially designed or modified for the 
``development'', ``production'' or ``use'' of equipment

[[Page 66020]]

controlled by 5A002 or ``software'' controlled by 5D002.c;
    b. ``Software'' specially designed or modified to support 
``technology'' controlled by 5E002;
    c. Specific ``software'' as follows:
    c.1. ``Software'' having the characteristics, or performing or 
simulating the functions of the equipment, controlled by 5A002;
    c.2. ``Software'' to certify ``software'' controlled by 
5D002.c.1.
* * * * *

0
42. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5, Part II, ECCN 5E002 is amended by revising the Heading, the 
EI paragraph and the License Requirement Note in the License 
Requirements section, to read as follows:

5E002 ``Technology'' according to the General Technology Note for the 
``development'', ``production'' or ``use'' of equipment controlled by 
5A002 or 5B002 or ``software'' controlled by 5D002.a or 5D002.c.

License Requirements

* * * * *
    EI applies to ``technology'' for the ``development,'' 
``production,'' or ``use'' of commodities or ``software'' controlled 
for EI reasons in ECCNs 5A002 or 5D002.a or 5D002.c. Refer to Sec.  
742.15 of the EAR.

    License Requirement Note: When a person performs or provides 
technical assistance that incorporates, or otherwise draws upon, 
``technology'' that was either obtained in the United States or is 
of US-origin, then a release of the ``technology'' takes place. Such 
technical assistance, when rendered with the intent to aid in the 
``development'' or ``production'' of encryption commodities or 
software that would be controlled for ``EI'' reasons under ECCN 
5A002 or 5D002.a or 5D002.c, may require authorization under the EAR 
even if the underlying encryption algorithm to be implemented is 
from the public domain or is not of U.S. origin.

* * * * *

0
43. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6, ECCN 6A001 is amended by:
0
a. Revising the License Exception section;
0
b. Revising paragraph b.2 in the Items paragraph of the List of Items 
Controlled section; and
0
c. Adding a new paragraph c to read as follows:

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

* * * * *

License Exceptions

    LVS: $3000; N/A for 6A001.a.1.b.1 object detection and location 
systems having a transmitting frequency below 5 kHz or a sound 
pressure level exceeding 210 dB (reference 1 [micro]Pa at 1 m) for 
equipment with an operating frequency in the band from 30 kHz to 2 
kHz inclusive; 6A001.a.2.a.1, a.2.a.2, 6A001.a.2.a.3, a.2.a.5, 
a.2.a.6, 6A001.a.2.b; processing equipment controlled by 
6A001.a.2.c, and specially designed for real time application with 
towed acoustic hydrophone arrays; a.2.e.1, a.2.e.2; and bottom or 
bay cable systems controlled by 6A001.a.2.f and having processing 
equipment specially designed for real time application with bottom 
or bay cable systems.
    $5,000: 6A001.c
    GBS: Yes for 6A001.a.1.b.4 and .c
    CIV: Yes for 6A001.a.1.b.4 and .c

List of Items Controlled

* * * * *
    Items:
* * * * *
    Note: 6A001.a.1 does not control equipment as follows: * * *
    b. * * *
    b.2. Doppler-velocity sonar log equipment having speed accuracy 
better than 1% of speed;
    Note: 6A001.b does not apply to depth sounders limited to any of 
the following:
    a. Measuring the depth of water;
    b. Measuring the distance of submerged or buried objects; or
    c. Fish finding.

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

    c. Diver deterrent acoustic systems specially designed or 
modified to disrupt divers and having a sound pressure level equal 
to or exceeding 190 dB (reference 1 [micro]Pa at 1 m) at frequencies 
of 200Hz and below.

    Note: 6A001.c does not apply to diver deterrent systems based on 
underwater explosive devices, air guns or combustible sources.


    Note: 6A001.c includes diver deterrent acoustic systems that use 
spark gap sources, also known as plasma sound sources.

* * * * *

0
44. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6, ECCN 6A004 is amended by revising the Heading and the Items 
paragraph of the List of Items Controlled section, to read as follows:

6A004 Optical equipment and components, as follows (see List of Items 
Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Optical mirrors (reflectors) as follows:
    a.1. ``Deformable mirrors'' having either continuous or multi-
element surfaces, and specially designed components therefor, 
capable of dynamically repositioning portions of the surface of the 
mirror at rates exceeding 100 Hz;
    a.2. Lightweight monolithic mirrors having an average 
``equivalent density'' of less than 30 kg/m\2\ and a total mass 
exceeding 10 kg;
    a.3. Lightweight ``composite'' or foam mirror structures having 
an average ``equivalent density'' of less than 30 kg/m\2\ and a 
total mass exceeding 2 kg;
    a.4. Beam steering mirrors more than 100 mm in diameter or 
length of major axis, that maintain a flatness of [lgr]/2 or better 
([lgr] is equal to 633 nm) having a control bandwidth exceeding 100 
Hz;
    b. Optical components made from zinc selenide (ZnSe) or zinc 
sulphide (ZnS) with transmission in the wavelength range exceeding 
3,000 nm but not exceeding 25,000 nm and having any of the 
following:
    b.1. Exceeding 100 cm\3\ in volume; or
    b.2. Exceeding 80 mm in diameter or length of major axis and 20 
mm in thickness (depth);
    c. ``Space-qualified'' components for optical systems, as 
follows:
    c.1. Components lightweighted to less than 20% ``equivalent 
density'' compared with a solid blank of the same aperture and 
thickness;
    c.2. Raw substrates, processed substrates having surface 
coatings (single-layer or multi-layer, metallic or dielectric, 
conducting, semiconducting or insulating) or having protective 
films;
    c.3. Segments or assemblies of mirrors designed to be assembled 
in space into an optical system with a collecting aperture 
equivalent to or larger than a single optic 1 m in diameter;
    c.4. Components manufactured from ``composite'' materials having 
a coefficient of linear thermal expansion equal to or less than 5 x 
10-6 in any coordinate direction;
    d. Optical control equipment as follows:
    d.1. Equipment specially designed to maintain the surface figure 
or orientation of the ``space-qualified'' components controlled by 
6A004.c.1 or 6A004.c.3;
    d.2. Equipment having steering, tracking, stabilization or 
resonator alignment bandwidths equal to or more than 100 Hz and an 
accuracy of 10 [mu]rad (microradians) or less;
    d.3. Gimbals having all of the following:
    d.3.a. A maximum slew exceeding 5[deg];
    d.3.b. A bandwidth of 100 Hz or more;
    d.3.c. Angular pointing errors of 200 [mu]rad (microradians) or 
less; and
    d.3.d. Having any of the following:
    d.3.d.1. Exceeding 0.15 m but not exceeding 1 m in diameter or 
major axis length and capable of angular accelerations exceeding 2 
rad (radians)/s\2\; or
    d.3.d.2. Exceeding 1 m in diameter or major axis length and 
capable of angular accelerations exceeding 0.5 rad (radians)/s\2\;
    d.4. Specially designed to maintain the alignment of phased 
array or phased segment mirror systems consisting of mirrors with a 
segment diameter or major axis length of 1 m or more;
    e. `Aspheric optical elements' having all of the following:
    e.1. Largest dimension of the optical-aperture greater than 400 
mm;
    e.2. Surface roughness less than 1 nm (rms) for sampling lengths 
equal to or greater than 1 mm; and
    e.3. Coefficient of linear thermal expansion's absolute 
magnitude less than3 x 10-6/K at 25 [deg]C.
    Technical Note:
    1. [See Related Definitions section of this ECCN]
    2. Manufacturers are not required to measure the surface 
roughness listed in

[[Page 66021]]

6A004.e.2 unless the optical element was designed or manufactured 
with the intent to meet, or exceed, the control parameter.
    Note: 6A004.e does not control `aspheric optical elements' 
having any of the following:
    a. Largest optical-aperture dimension less than 1 m and focal 
length to aperture ratio equal to or greater than 4.5:1;
    b. Largest optical-aperture dimension equal to or greater than 1 
m and focal length to aperture ratio equal to or greater than 7:1;
    c. Designed as Fresnel, flyeye, stripe, prism or diffractive 
optical elements;
     d. Fabricated from borosilicate glass having a coefficient of 
linear thermal expansion greater than 2.5 x 10-6/K at 25 
[deg] C; or
    e. An x-ray optical element having inner mirror capabilities 
(e.g., tube-type mirrors).
* * * * *


0
45. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6, ECCN 6A005 is amended by revising the Items paragraph of 
the List of Items Controlled section, to read as follows:

6A005 ``Lasers'' (other than those described in 0B001.g.5 or .h.6), 
components and optical equipment, as follows (see List of Items 
Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    Note:
    1. Pulsed ``lasers'' include those that run in a continuous wave 
(CW) mode with pulses superimposed.
    2. Eximer, semiconductor, chemical, CO, CO 2, and 
non-repetitive pulsed Nd:glass ``lasers'' are only specified by 
6A005.d.
    3. 6A005 includes fiber ``lasers''.
    4. The control status of ``lasers'' incorporating frequency 
conversion (i.e., wavelength change) by means other than one 
``laser'' pumping another ``laser'' is determined by applying the 
control parameters for both the output of the source ``laser'' and 
the frequency-converted optical output.
    5. 6A005 does not control ``lasers'' as follows:
    a. Ruby with output energy below 20 J;
    b. Nitrogen;
    c. Krypton.
    a. Non-``tunable'' continuous wave ``(CW) lasers'' having any of 
the following:
    a.1. Output wavelength less than 150 nm and output power 
exceeding 1W;
    a.2. Output wavelength of 150 nm or more but not exceeding 520 
nm and output power exceeding 30 W;
    Note: 6A005.a.2 does not control Argon ``lasers'' having an 
output power equal to or less than 50 W.
    a.3. Output wavelength exceeding 520 nm but not exceeding 540 nm 
and any of the following:
    a.3.a. Single transverse mode output and output power exceeding 
50 W; or
    a.3.b. Multiple transverse mode output and output power 
exceeding 150 W;
    a.4. Output wavelength exceeding 540 nm but not exceeding 800 nm 
and output power exceeding 30 W;
    a.5. Output wavelength exceeding 800 nm but not exceeding 975 nm 
and any of the following:
    a.5.a. Single transverse mode output and output power exceeding 
50 W; or
    a.5.b. Multiple transverse mode output and output power 
exceeding 80 W;
    a.6. Output wavelength exceeding 975 nm but not exceeding 1,150 
nm and any of the following;
    a.6.a. Single transverse mode output and any of the following:
    a.6.a.1. `Wall-plug efficiency' exceeding 12% and output power 
exceeding 100 W; or
    a.6.a.2. Output power exceeding 150 W; or
    a.6.b. Multiple transverse mode output and any of the following:
    a.6.b.1. `Wall-plug efficiency' exceeding 18% and output power 
exceeding 500 W;
    or
    a.6.b.2. Output power exceeding 2 kW;
    Note: 6A005.a.6.b does not control multiple transverse mode, 
industrial ``lasers'' with output power exceeding 2kW and not 
exceeding 6 kW with a total mass greater than 1,200 kg. For the 
purpose of this note, total mass includes all components required to 
operate the ``laser'', e.g., ``laser'', power supply, heat 
exchanger, but excludes external optics for beam conditioning and/or 
delivery.
    a.7. Output wavelength exceeding 1,150 nm but not exceeding 
1,555 nm and any of the following:
    a.7.a. Single transverse mode and output power exceeding 50 W; 
or
    a.7.b. Multiple transverse mode and output power exceeding 80 W; 
or
    a.8. Output wavelength exceeding 1,555 nm and output power 
exceeding 1 W;
    b. Non-``tunable'' ``pulsed lasers'' having any of the 
following;
    b.1. Output wavelength less than 150 nm and any of the 
following:
    b.1.a. Output energy exceeding 50 mJ per pulse and ``peak 
power'' exceeding 1 W; or
    b.1.b. ``Average output power'' exceeding 1 W;
    b.2. Output wavelength of 150 nm or more but not exceeding 520 
nm and any of the following:
    b.2.a. Output energy exceeding 1.5 J per pulse and ``peak 
power'' exceeding 30 W; or
    b.2.b. ``Average output power'' exceeding 30 W;
    Note: 6A005.b.2.b does not control Argon ``lasers'' having an 
``average output power'' equal to or less than 50 W.
    b.3. Output wavelength exceeding 520 nm, but not exceeding 540 
nm and any of the following:
    b.3.a. Single transverse mode output and any of the following:
    b.3.a.1. Output energy exceeding 1.5 J per pulse and ``peak 
power'' exceeding 50 W; or
    b.3.a.2. ``Average output power'' exceeding 50 W; or
    b.3.b. Multiple transverse mode output and any of the following:
    b.3.b.1. Output energy exceeding 1.5 J per pulse and ``peak 
power'' exceeding 150 W;
    or
    b.3.b.2. ``Average output power'' exceeding 150 W;
    b.4. Output wavelength exceeding 540 nm but not exceeding 800 nm 
and any of the following:
    b.4.a. Output energy exceeding 1.5 J per pulse and ``peak 
power'' exceeding 30 W; or
    b.4.b. ``Average output power'' exceeding 30 W;
    b.5. Output wavelength exceeding 800 nm but not exceeding 975 nm 
and any of the following:
    b.5.a. ``Pulse duration'' not exceeding 1 [micro]s and any of 
the following:
    b.5.a.1. Output energy exceeding 0.5 J per pulse and ``peak 
power'' exceeding 50 W;
    b.5.a.2. Single transverse mode output and ``average output 
power'' exceeding 20 W;
    or
    b.5.a.3. Multiple transverse mode output and ``average output 
power'' exceeding 50 W; or
    b.5.b. ``Pulse duration'' exceeding 1 [micro]s and any of the 
following:
    b.5.b.1. Output energy exceeding 2 J per pulse and ``peak 
power'' exceeding 50 W;
    b.5.b.2. Single transverse mode output and ``average output 
power'' exceeding 50 W; or
    b.5.b.3. Multiple transverse mode output and ``average output 
power'' exceeding 80 W.
    b.6. Output wavelength exceeding 975 nm but not exceeding 1,150 
nm and any of the following:
    b.6.a. ``Pulse duration'' of less than 1 ns and any of the 
following:
    b.6.a.1. Output ``peak power'' exceeding 5 GW per pulse;
    b.6.a.2. ``Average output power'' exceeding 10 W; or
    b.6.a.3. Output energy exceeding 0.1 J per pulse;
    b.6.b. ``Pulse duration'' equal to or exceeding 1 ns but not 
exceeding 1 [mu]s and any of the following:
    b.6.b.1. Single transverse mode output and any of the following:
    b.6.b.1.a. ``Peak power'' exceeding 100 MW;
    b.6.b.1.b. ``Average output power'' exceeding 20 W limited by 
design to a maximum pulse repetition frequency less than or equal to 
1 kHz;
    b.6.b.1.c. `Wall-plug efficiency' exceeding 12%, ``average 
output power'' exceeding 100 W and capable of operating at a pulse 
repetition frequency greater than 1 kHz;
    b.6.b.1.d. ``Average output power'' exceeding 150 W and capable 
of operating at a pulse repetition frequency greater than 1 kHz; or
    b.6.b.1.e. Output energy exceeding 2 J per pulse; or
    b.6.b.2. Multiple transverse mode output and any of the 
following:
    b.6.b.2.a. ``Peak power'' exceeding 400 MW;
    b.6.b.2.b. `Wall-plug efficiency' exceeding 18% and ``average 
output power'' exceeding 500 W;
    b.6.b.2.c. ``Average output power'' exceeding 2 kW; or
    b.6.b.2.d. Output energy exceeding 4 J per pulse; or
    b.6.c. ``Pulse duration'' exceeding 1 [mu]s and any of the 
following:
    b.6.c.1. Single transverse mode output and any of the following:
    b.6.c.1.a. ``Peak power'' exceeding 500 kW;

[[Page 66022]]

    b.6.c.1.b. `Wall-plug efficiency' exceeding 12% and ``average 
output power'' exceeding 100 W; or
    b.6.c.1.c. ``Average output power'' exceeding 150 W; or
    b.6.c.2. Multiple transverse mode output and any of the 
following:
    b.6.c.2.a. ``Peak power'' exceeding 1 MW;
    b.6.c.2.b. `Wall-plug efficiency' exceeding 18% and ``average 
output power'' exceeding 500 W; or
    b.6.c.2.c. ``Average output power'' exceeding 2 kW;
    b.7. Output wavelength exceeding 1,150 nm but not exceeding 
1,555 nm and any of the following:
    b.7.a. ``Pulse duration'' not exceeding 1 [micro]s and any of 
the following:
    b.7.a.1. Output energy exceeding 0.5 J per pulse and ``peak 
power'' exceeding 50 W;
    b.7.a.2. Single transverse mode output and ``average output 
power'' exceeding 20 W; or
    b.7.a.3. Multiple transverse mode output and ``average output 
power'' exceeding 50 W; or
    b.7.b. ``Pulse duration'' exceeding 1 [mu]s and any of the 
following:
    b.7.b.1. Output energy exceeding 2 J per pulse and ``peak 
power'' exceeding 50 W;
    b.7.b.2. Single transverse mode output and ``average output 
power'' exceeding 50 W; or
    b.7.b.3. Multiple transverse mode output and ``average output 
power'' exceeding 80 W; or
    b.8. Output wavelength exceeding 1,555 nm and any of the 
following:
    b.8.a. Output energy exceeding 100 mJ per pulse and ``peak 
power'' exceeding 1 W; or
    b.8.b. ``Average output power'' exceeding 1 W;
    c. ``Tunable'' lasers having any of the following:
    Note: 6A005.c includes titanium-sapphire (Ti: 
Al203), thulium-YAG (Tm: YAG), thulium-YSGG 
(Tm:YSGG), alexandrite (Cr:BeAl204), color 
center ``lasers'', dye ``lasers'', and liquid ``lasers''.
    c.1. Output wavelength less than 600 nm and any of the 
following:
    c.1.a. Output energy exceeding 50 mJ per pulse and ``peak 
power'' exceeding 1 W; or
    c.1.b. Average or CW output power exceeding 1W;
    c.2. Output wavelength of 600 nm or more but not exceeding 1,400 
nm, and any of the following:
    c.2.a. Output energy exceeding 1 J per pulse and ``peak power'' 
exceeding 20 W; or
    c.2.b. Average or CW output power exceeding 20 W; or
    c.3. Output wavelength exceeding 1,400 nm and any of the 
following:
    c.3.a. Output energy exceeding 50 mJ per pulse and ``peak 
power'' exceeding 1 W; or
    c.3.b. Average or CW output power exceeding 1 W;
    d. Other ``lasers'', not controlled by 6A005.a, 6A005.b, or 
6A005.c as follows:
    d.1. Semiconductor ``lasers'' as follows:

    Note:
    1. 6A005.d.1 includes semiconductor ``lasers'' having optical 
output connectors (e.g., fiber optic pigtails).
    2. The control status of semiconductor ``lasers'' specially 
designed for other equipment is determined by the control status of 
the other equipment.

    d.1.a. Individual single-transverse mode semiconductor 
``lasers'' having any of the following:
    d.1.a.1. Wavelength equal to or less than 1,510 nm and average 
or CW output power, exceeding 1.5 W; or
    d.1.a.2. Wavelength greater than 1,510 nm and average or CW 
output power, exceeding 500 mW;
    d.1.b. Individual, multiple-transverse mode semiconductor 
``lasers'' having any of the following:
    d.1.b.1. Wavelength of less than 1,400 nm and average or CW 
output power, exceeding 10 W;
    d.1.b.2. Wavelength equal to or greater than 1,400 nm and less 
than 1,900 nm and average or CW output power, exceeding 2.5 W; or
    d.1.b.3. Wavelength equal to or greater than 1,900 nm and 
average or CW output power, exceeding 1 W;
    d.1.c. Individual semiconductor ``laser'' `arrays' having any of 
the following:
    d.1.c.1. Wavelength of less than 1,400 nm and average or CW 
output power, exceeding 80 W;
    d.1.c.2. Wavelength equal to or greater than 1,400 nm and less 
than 1,900 nm and average or CW output power, exceeding 25 W; or
    d.1.c.3. Wavelength equal to or greater than 1,900 nm and 
average or CW output power, exceeding 10 W;
    d.1.d. `Array stacks' of semiconductor ``lasers'' containing at 
least one `array' controlled by 6A005.d.1.c;

    Technical Note:
    1. Semiconductor ``lasers'' are commonly called ``laser'' 
diodes.
    2. An `array' consists of multiple semiconductor ``laser'' 
emitters fabricated as a single chip so that the centers of the 
emitted light beams are on parallel paths.
    3. An `array stack' is fabricated by stacking, or otherwise 
assembling, 'arrays' so that the centers of the emitted light beams 
are on parallel paths.

    d.2. Carbon monoxide (CO) ``lasers'' having any of the 
following:
    d.2.a. Output energy exceeding 2 J per pulse and ``peak power'' 
exceeding 5 kW; or
    d.2.b. Average or CW output power, exceeding 5 kW;
    d.3. Carbon dioxide (CO2) ``lasers'' having any of 
the following:
    d.3.a. CW output power exceeding 15 kW;
    d.3.b. Pulsed output with ``pulse duration'' exceeding 10 [mu]s 
and any of the following:
    d.3.b.1. ``Average output power'' exceeding 10 kW; or
    d.3.b.2. ``Peak power'' exceeding 100 kW; or
    d.3.c. Pulsed output with a ``pulse duration'' equal to or less 
than 10 [micro]s and any of the following:
    d.3.c.1. Pulse energy exceeding 5 J per pulse; or
    d.3.c.2. ``Average output power'' exceeding 2.5 kW;
    d.4. Excimer ``lasers'' having any of the following:
    d.4.a. Output wavelength not exceeding 150 nm and any of the 
following:
    d.4.a.1. Output energy exceeding 50 mJ per pulse; or
    d.4.a.2. ``Average output power'' exceeding 1 W;
    d.4.b. Output wavelength exceeding 150 nm but not exceeding 190 
nm and any of the following:
    d.4.b.1. Output energy exceeding 1.5 J per pulse; or
    d.4.b.2. ``Average output power'' exceeding 120 W;
    d.4.c. Output wavelength exceeding 190 nm but not exceeding 360 
nm and any of the following:
    d.4.c.1. Output energy exceeding 10 J per pulse; or
    d.4.c.2. ``Average output power'' exceeding 500 W; or
    d.4.d. Output wavelength exceeding 360 nm and any of the 
following:
    d.4.d.1. Output energy exceeding 1.5 J per pulse; or
    d.4.d.2. ``Average output power'' exceeding 30 W;

    Note:
     For excimer ``lasers'' specially designed for lithography 
equipment, see 3B001.

    .d.5. ``Chemical lasers'' as follows:
    d.5.a. Hydrogen Fluoride (HF) ``lasers'';
    d.5.b. Deuterium Fluoride (DF) ``lasers'';
    d.5.c. ``Transfer lasers'' as follows:
    d.5.c.1. Oxygen Iodine (O2-I) ``lasers'';
    d.5.c.2. Deuterium Fluoride-Carbon dioxide (DF-CO2) 
``lasers'';
    d.6. `Non-repetitive pulsed' Neodymium (Nd) glass ``lasers'' 
having any of the following:
    d.6.a. ``Pulse duration'' not exceeding 1 [mu]s and output 
energy exceeding 50 J per pulse; or
    d.6.b. ``Pulse duration'' exceeding 1 [mu]s and output energy 
exceeding 100 J per pulse;

    Note:
     `Non-repetitive pulsed' refers to ``lasers'' that produce 
either a single output pulse or that have a time interval between 
pulses exceeding one minute.

    e. Components as follows:
    e.1. Mirrors cooled either by `active cooling' or by heat pipe 
cooling;

    Technical Note: `Active cooling' is a cooling technique for 
optical components using flowing fluids within the subsurface 
(nominally less than 1 mm below the optical surface) of the optical 
component to remove heat from the optic.

    e.2. Optical mirrors or transmissive or partially transmissive 
optical or electro-optical components, specially designed for use 
with controlled ``lasers'';
    f. Optical equipment as follows:
    N.B.: For shared aperture optical elements, capable of operating 
in ``Super-High Power Laser'' (``SHPL'') applications, see the U.S. 
Munitions List (22 CFR part 121).
    f.1. Dynamic wavefront (phase) measuring equipment capable of 
mapping at least 50 positions on a beam wavefront and any the 
following:
    f.1.a. Frame rates equal to or more than 100 Hz and phase 
discrimination of at least 5% of the beam's wavelength; or
    f.1.b. Frame rates equal to or more than 1,000 Hz and phase 
discrimination of at least 20% of the beam's wavelength;
    f.2. ``Laser'' diagnostic equipment capable of measuring 
``SHPL'' system angular beam steering errors of equal to or less 
than 10 [mu]rad;
    f.3. Optical equipment and components, specially designed for a 
phased-array

[[Page 66023]]

``SHPL'' system for coherent beam combination to an accuracy of 
[lambda]/10 at the designed wavelength, or 0.1 [mu]m, whichever is 
the smaller;
    f.4. Projection telescopes specially designed for use with 
``SHPL'' systems.
* * * * *


0
46. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6, ECCN 6A006 is amended by:
0
a. Revising the Heading;
0
b. Revising the LVS paragraph of the License Exception section; and
0
c. Revising the Items paragraph of the List of Items Controlled 
section, to read as follows:

6A006 ``Magnetometers'', ``magnetic gradiometers'', ``intrinsic 
magnetic gradiometers'', underwater electric field sensors, 
``compensation systems'', and specially designed components therefor, 
as follows (see List of Items Controlled).

* * * * *

License Exceptions

    LVS: $1500, N/A for 6A006.a.1; ``Magnetometers'' and subsystems 
defined in 6A006.a.2 using optically pumped or nuclear precession 
(proton/Overhauser) having a `sensitivity' lower (better) than 2 pT 
(rms) per square root Hz; and 6A006.d.
* * * * *

List of Items Controlled

* * * * *
    Items:
    a. ``Magnetometers'' and subsystems, as follows:
    a.1. ``Magnetometers'' using ``superconductive'' (SQUID) 
``technology'' and having any of the following:
    a.1.a. SQUID systems designed for stationary operation, without 
specially designed subsystems designed to reduce in-motion noise, 
and having a `sensitivity' equal to or lower (better) than 50 fT 
(rms) per square root Hz at a frequency of 1 Hz; or
    a.1.b. SQUID systems having an in-motion-magnetometer 
`sensitivity' lower (better) than 20 pT (rms) per square root Hz at 
a frequency of 1 Hz and specially designed to reduce in-motion 
noise;
    a.2. ``Magnetometers'' using optically pumped or nuclear 
precession (proton/Overhauser) ``technology'' having a `sensitivity' 
lower (better) than 20 pT (rms) per square root Hz at a frequency of 
1 Hz;
    a.3. ``Magnetometers'' using fluxgate ``technology'' having a 
`sensitivity' equal to or lower (better) than 10 pT (rms) per square 
root Hz at a frequency of 1 Hz;
    a.4. Induction coil ``magnetometers'' having a `sensitivity' 
lower (better) than any of the following:
    a.4.a. 0.05 nT (rms)/square root Hz at frequencies of less than 
1 Hz;
    a.4.b. 1 x 10-3 nT (rms)/square root Hz at 
frequencies of 1 Hz or more but not exceeding 10 Hz; or
    a.4.c. 1 x 10-4 nT (rms)/square root Hz at 
frequencies exceeding 10 Hz;
    a.5. Fiber optic ``magnetometers'' having a `sensitivity' lower 
(better) than 1 nT (rms) per square root Hz;
    b. Underwater electric field sensors having a `sensitivity' 
lower (better) than 8 nanovolt per meter per square root Hz when 
measured at 1 Hz;
    c. ``Magnetic gradiometers'' as follows:
    c.1. ``Magnetic gradiometers'' using multiple ``magnetometers'' 
controlled by 6A006.a;
    c.2. Fiber optic ``intrinsic magnetic gradiometers'' having a 
magnetic gradient field `sensitivity' lower (better) than 0.3 nT/m 
(rms) per square root Hz;
    c.3. ``Intrinsic magnetic gradiometers'', using ``technology'' 
other than fiber-optic ``technology'', having a magnetic gradient 
field `sensitivity' lower (better) than 0.015 nT/m (rms) per square 
root Hz; and
    d. ``Compensation systems'' for magnetic and underwater electric 
field sensors resulting in a performance equal to or better than the 
control parameters of 6A006.a, 6A006.b, and 6A006.c.

    Technical Note: For the purposes of 6A006, 'sensitivity' (noise 
level) is the root mean square of the device-limited noise floor 
which is the lowest signal that can be measured.

* * * * *


0
47. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6, ECCN 6A008 is amended by revising the Heading and the Items 
paragraph of the List of Items Controlled section, to read as follows:

6A008 Radar systems, equipment and assemblies, having any of the 
following (see List of Items Controlled), and specially designed 
components therefor.

* * * * *

List of Items Controlled

* * * * *
    Items:

    Note: 6A008 does not control:
    --Secondary surveillance radar (SSR);
    --Civil Automotive Radar;
    --Displays or monitors used for air traffic control (ATC) having 
no more than 12 resolvable elements per mm;
    --Meteorological (weather) radar.

    a. Operating at frequencies from 40 GHz to 230 GHz and having 
any of the following:
    a.1. An ``average output power'' exceeding 100 mW; or
    a.2. Locating accuracy of 1 m or less (better) in range and 0.2 
degree or less (better) in azimuth;
    b. A tunable bandwidth exceeding 6.25% of the 
`center operating frequency';

    Technical Note: The `center operating frequency' equals one half 
of the sum of the highest plus the lowest specified operating 
frequencies

    .c. Capable of operating simultaneously on more than two carrier 
frequencies;
    d. Capable of operating in synthetic aperture (SAR), inverse 
synthetic aperture (ISAR) radar mode, or sidelooking airborne (SLAR) 
radar mode;
    e. Incorporating ``electronically steerable phased array 
antennae'';
    f. Capable of heightfinding non-cooperative targets;

    Note: 6A008.f does not control precision approach radar (PAR) 
equipment conforming to ICAO standards

    .g. Specially designed for airborne (balloon or airframe 
mounted) operation and having Doppler ``signal processing'' for the 
detection of moving targets;
    h. Employing processing of radar signals and using any of the 
following:
    h.1. ``Radar spread spectrum'' techniques; or
    h.2. ``Radar frequency agility'' techniques;
    i. Providing ground-based operation with a maximum 
``instrumented range'' exceeding 185 km;

    Note: 6A008.i does not control:
    a. Fishing ground surveillance radar;
    b. Ground radar equipment specially designed for en route air 
traffic control, and having all of the following:

    1. A maximum ``instrumented range'' of 500 km or less;
    2. Configured so that radar target data can be transmitted only 
one way from the radar site to one or more civil ATC centers;
    3. Contains no provisions for remote control of the radar scan 
rate from the en route ATC center; and
    4. Permanently installed;
    c. Weather balloon tracking radars.

    j. Being ``laser'' radar or Light Detection and Ranging (LIDAR) 
equipment and having any of the following:
    j.1. ``Space-qualified'';
    j.2. Employing coherent heterodyne or homodyne detection 
techniques and having an angular resolution of less (better) than 20 
[mu]rad (microradians); or
    j.3. Designed for carrying out airborne bathymetric littoral 
surveys to International Hydrographic Organization (IHO) Order 1a 
Standard (5th Edition February 2008) for Hydrographic Surveys or 
better, and using one or more lasers with a wavelength exceeding 400 
nm but not exceeding 600 nm;

    Note 1: LIDAR equipment specially designed for surveying is only 
specified by 6A008.j.3.


    Note 2: 6A008.j does not apply to LIDAR equipment specially 
designed for meteorological observation.


    Note 3: Parameters in the IHO Order 1a Standard 5th Edition 
February 2008 are summarized as follows:

    Horizontal Accuracy (95% Confidence Level)= 5 m + 5% of depth.
    Depth Accuracy for Reduced Depths (95% confidence level) = 
[radic](a2 + (b*d)2) where:
    a = 0.5 m = constant depth error, i.e. the sum of all constant 
depth errors
    b = 0.013 = factor of depth dependant error
    b*d = depth dependant error, i.e. the sum of all depth dependant 
errors
    d = depth
    Feature Detection = Cubic features > 2 m in depths up to 40 m; 
10% of depth beyond 40 m.
    k. Having ``signal processing'' sub-systems using ``pulse 
compression'' and having any of the following:
    k.1. A ``pulse compression'' ratio exceeding 150; or
    k.2. A pulse width of less than 200 ns; or
    l. Having data processing sub-systems and having any of the 
following:

[[Page 66024]]

    l.1. ``Automatic target tracking'' providing, at any antenna 
rotation, the predicted target position beyond the time of the next 
antenna beam passage;

    Note: 6A008.l.1 does not control conflict alert capability in 
ATC systems, or marine or harbor radar

    .l.2. Calculation of target velocity from primary radar having 
non-periodic (variable) scanning rates;
    l.3. Processing for automatic pattern recognition (feature 
extraction) and comparison with target characteristic data bases 
(waveforms or imagery) to identify or classify targets; or
    l.4. Superposition and correlation, or fusion, of target data 
from two or more ``geographically dispersed'' and ``interconnected 
radar sensors'' to enhance and discriminate targets.

    Note: 6A008.l.4 does not control systems, equipment and 
assemblies designed for marine traffic control

.* * * * *

0
48. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6, ECCN 6A996 is amended by revising the Items paragraph of 
the List of Items Controlled section, to read as follows:

6A996 ``Magnetometers'' not controlled by ECCN 6A006, 
``Superconductive'' electromagnetic sensors, and specially designed 
components therefor, as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. ``Magnetometers'', n.e.s., having a `sensitivity' lower 
(better) than 1.0 nT (rms) per square root Hz.

    Technical Note: For the purposes of 6A996, `sensitivity' (noise 
level) is the root mean square of the device-limited noise floor 
which is the lowest signal that can be measured.

    b. ``Superconductive'' electromagnetic sensors, components 
manufactured from ``superconductive'' materials:
    b.1. Designed for operation at temperatures below the ``critical 
temperature'' of at least one of their ``superconductive'' 
constituents (including Josephson effect devices or 
``superconductive'' quantum interference devices (SQUIDS));
    b.2. Designed for sensing electromagnetic field variations at 
frequencies of 1 KHz or less; and
    b.3. Having any of the following characteristics:
    b.3.a. Incorporating thin-film SQUIDS with a minimum feature 
size of less than 2 [micro]m and with associated input and output 
coupling circuits;
    b.3.b. Designed to operate with a magnetic field slew rate 
exceeding 1 x 10\6\ magnetic flux quanta per second;
    b.3.c. Designed to function without magnetic shielding in the 
earth's ambient magnetic field; or
    b.3.d. Having a temperature coefficient less (smaller) than 0.1 
magnetic flux quantum/K.
* * * * *


0
49. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6, ECCN 6D003 is amended by revising the Heading, adding RS to 
the Reason for Control section, revising the RS paragraph of the 
License Requirements section, and revising the Items paragraph of the 
List of Items Controlled section, to read as follows:

6D003 Other ``software'' as follows (see List of Items Controlled)

License Requirements

    Reason for Control: NS, RS, AT.

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------

                                * * * * *
RS applies to paragraph c..............  RS Column 1.
------------------------------------------------------------------------

* * * * *

List of Items Controlled

* * * * *
    Items:
    ACOUSTICS
    a. ``Software'' as follows:
    a.1. ``Software'' specially designed for acoustic beam forming 
for the ``real time processing'' of acoustic data for passive 
reception using towed hydrophone arrays;
    a.2. ``Source code'' for the ``real time processing'' of 
acoustic data for passive reception using towed hydrophone arrays;
    a.3. ``Software'' specially designed for acoustic beam forming 
for the ``real time processing'' of acoustic data for passive 
reception using bottom or bay cable systems;
    a.4. ``Source code'' for the ``real time processing'' of 
acoustic data for passive reception using bottom or bay cable 
systems;
    b. Optical sensors. None.
    CAMERAS
    c. ``Software'' designed or modified for cameras incorporating 
``focal plane arrays'' specified by 6A002.a.3.f and designed or 
modified to remove a frame rate restriction and allow the camera to 
exceed the frame rate specified in 6A003.b.4 Note 3.a;
    d. Optics. None.
    e. Lasers. None
    MAGNETIC AND ELECTRIC FIELD SENSORS
    f. ``Software'' as follows:
    f.1. ``Software'' specially designed for magnetic and electric 
field ``compensation systems'' for magnetic sensors designed to 
operate on mobile platforms;
    f.2. ``Software'' specially designed for magnetic and electric 
field anomaly detection on mobile platforms;
    GRAVIMETERS
    g. ``Software'' specially designed to correct motional 
influences of gravity meters or gravity gradiometers;
    RADAR
    h. ``Software'' as follows:
    h.1. Air Traffic Control (ATC) ``software'' application 
``programs'' hosted on general purpose computers located at Air 
Traffic Control centers and capable of any of the following:
    h.1.a. Processing and displaying more than 150 simultaneous 
``system tracks''; or
    h.1.b. Accepting radar target data from more than four primary 
radars;
    h.2. ``Software'' for the design or ``production'' of radomes 
and having all of the following:
    h.2.a. Specially designed to protect the ``electronically 
steerable phased array antennae'' controlled by 6A008.e.; and
    h.2.b. Resulting in an antenna pattern having an `average side 
lobe level' more than 40 dB below the peak of the main beam level.

    Technical Note: `Average side lobe level' in 6D003.h.2.b is 
measured over the entire array excluding the angular extent of the 
main beam and the first two side lobes on either side of the main 
beam.

* * * * *

0
50. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6, ECCN 6E993 is amended by revising the Items paragraph of 
the List of Items Controlled section, to read as follows:

6E993 Other ``technology'', not controlled by 6E003, as follows (see 
List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Optical fabrication technologies for serially producing 
optical components at a rate exceeding 10 m\2\ of surface area per 
year on any single spindle and having all of the following:
    a.1. Area exceeding 1 m\2\; and
    a.2. Surface figure exceeding [lgr]/10 (rms) at the designed 
wavelength;
    b. ``Technology'' for optical filters with a bandwidth equal to 
or less than 10 nm, a field of view (FOV) exceeding 40[deg] and a 
resolution exceeding 0.75 line pairs per milliradian;
    c. ``Technology'' for the ``development'' or ``production'' of 
cameras controlled by 6A993;
    d. ``Technology'' ``required'' for the ``development'' or 
``production'' of non-triaxial fluxgate ``magnetometers'' or non-
triaxial fluxgate ``magnetometer'' systems, having any of the 
following:

    d.1. `Sensitivity' lower (better) than 0.05 nT (rms) per square 
root Hz at frequencies of less than 1 Hz; or
    d.2. `Sensitivity' lower (better) than 1 x 10-3 nT 
(rms) per square root Hz at frequencies of 1 Hz or more.

    Technical Note: For the purposes of 6E993, `sensitivity' (or 
noise level) is the root mean square of the device-limited noise 
floor which is the lowest signal that can be measured.

* * * * *

0
51. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7, ECCN 7A003 is amended by revising the Heading and the Items 
paragraph in the

[[Page 66025]]

List of Items Controlled section, to read as follows:

7A003 Inertial systems and specially designed components, as follows.

* * * * *

List of Items Controlled

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

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


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


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


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

* * * * *

0
52. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 8, ECCN 8A001 is amended by revising the Items paragraph in 
the List of Items Controlled section, to read as follows:

8A001 Submersible vehicles and surface vessels, as follows (see List of 
Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Manned, tethered submersible vehicles designed to operate at 
depths exceeding 1,000 m;
    b. Manned, untethered submersible vehicles having any of the 
following:
    b.1. Designed to `operate autonomously' and having a lifting 
capacity of all the following:
    b.1.a. 10% or more of their weight in air; and
    b.1.b. 15 kN or more;
    b.2. Designed to operate at depths exceeding 1,000 m; or
    b.3. Having all of the following:
    b.3.a. Designed to continuously `operate autonomously' for 10 
hours or more; and
    b.3.b. `Range' of 25 nautical miles or more;

    Technical Notes: 1. For the purposes of 8A001.b, `operate 
autonomously' means fully submerged, without snorkel, all systems 
working and cruising at minimum speed at which the submersible can 
safely control its depth dynamically by using its depth planes only, 
with no need for a support vessel or support base on the surface, 
sea-bed or shore, and containing a propulsion system for submerged 
or surface use.
    2. For the purposes of 8A001.b, `range' means half the maximum 
distance a submersible vehicle can `operate autonomously'.

    c. Unmanned, tethered submersible vehicles designed to operate 
at depths exceeding 1,000 m and having any of the following:
    c.1. Designed for self-propelled maneuver using propulsion 
motors or thrusters controlled by 8A002.a.2; or
    c.2. Fiber optic data link;
    d. Unmanned, untethered submersible vehicles having any of the 
following:
    d.1. Designed for deciding a course relative to any geographical 
reference without real-time human assistance;
    d.2. Acoustic data or command link; or
    d.3. Fiber optic data or command link exceeding 1,000 m;
    e. Ocean salvage systems with a lifting capacity exceeding 5 MN 
for salvaging objects from depths exceeding 250 m and having any of 
the following:
    e.1. Dynamic positioning systems capable of position keeping 
within 20 m of a given point provided by the navigation system; or
    e.2. Seafloor navigation and navigation integration systems, for 
depths exceeding 1,000 m and with positioning accuracies to within 
10 m of a predetermined point;
    f. Surface-effect vehicles (fully skirted variety) having all of 
the following:
    f.1. Maximum design speed, fully loaded, exceeding 30 knots in a 
significant wave height of 1.25 m (Sea State 3) or more;
    f.2. Cushion pressure exceeding 3,830 Pa; and
    f.3. Light-ship-to-full-load displacement ratio of less than 
0.70;
    g. Surface-effect vehicles (rigid sidewalls) with a maximum 
design speed, fully loaded, exceeding 40 knots in a significant wave 
height of 3.25 m (Sea State 5) or more;
    h. Hydrofoil vessels with active systems for automatically 
controlling foil systems, with a maximum design speed, fully loaded, 
of 40 knots or more in a significant wave height of 3.25 m (Sea 
State 5) or more;
    i. `Small waterplane area vessels' having any of the following:
    i.1. Full load displacement exceeding 500 tonnes with a maximum 
design speed, fully loaded, exceeding 35 knots in a significant wave 
height of 3.25 m (Sea State 5) or more; or
    i.2. Full load displacement exceeding 1,500 tonnes with a 
maximum design speed, fully loaded, exceeding 25 knots in a 
significant wave height of 4 m (Sea State 6) or more.

    Technical Note:  A `small waterplane area vessel' is defined by 
the following formula: Waterplane area at an operational design 
draft less than 2 x (displaced volume at the operational design 
draft)2/3.

* * * * *

0
53. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 8, ECCN 8A002 is amended by revising the Heading and the Items 
paragraph in the List of Items Controlled section, to read as follows:

8A002 Marine systems, equipment and components, as follows (see List of 
Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Systems, equipment and components, specially designed or 
modified for submersible vehicles and designed to operate at depths 
exceeding 1,000 m, as follows:
    a.1. Pressure housings or pressure hulls with a maximum inside 
chamber diameter exceeding 1.5 m;
    a.2. Direct current propulsion motors or thrusters;
    a.3. Umbilical cables, and connectors therefor, using optical 
fiber and having synthetic strength members;
    a.4. Components manufactured from material specified by ECCN 
8C001;


[[Page 66026]]


    Technical Note: The objective of 8A002.a.4 should not be 
defeated by the export of `syntactic foam' controlled by 8C001 when 
an intermediate stage of manufacture has been performed and it is 
not yet in its final component form.

    b. Systems specially designed or modified for the automated 
control of the motion of submersible vehicles controlled by 8A001, 
using navigation data, having closed loop servo-controls and having 
any of the following:
    b.1. Enabling a vehicle to move within 10 m of a predetermined 
point in the water column;
    b.2. Maintaining the position of the vehicle within 10 m of a 
predetermined point in the water column; or
    b.3. Maintaining the position of the vehicle within 10 m while 
following a cable on or under the seabed;
    c. Fiber optic hull penetrators or connectors;
    d. Underwater vision systems as follows:
    d.1. Television systems and television cameras, as follows:
    d.1.a. Television systems (comprising camera, monitoring and 
signal transmission equipment) having a `limiting resolution' when 
measured in air of more than 800 lines and specially designed or 
modified for remote operation with a submersible vehicle;
    d.1.b. Underwater television cameras having a `limiting 
resolution' when measured in air of more than 1,100 lines;
    d.1.c. Low light level television cameras specially designed or 
modified for underwater use and having all of the following:
    d.1.c.1. Image intensifier tubes controlled by 6A002.a.2.a; and
    d.1.c.2. More than 150,000 ``active pixels'' per solid state 
area array;

    Technical Note: `Limiting resolution' is a measure of horizontal 
resolution usually expressed in terms of the maximum number of lines 
per picture height discriminated on a test chart, using IEEE 
Standard 208/1960 or any equivalent standard.

    d.2. Systems specially designed or modified for remote operation 
with an underwater vehicle, employing techniques to minimize the 
effects of back scatter and including range-gated illuminators or 
``laser'' systems;
    e. Photographic still cameras specially designed or modified for 
underwater use below 150 m, with a film format of 35 mm or larger 
and having any of the following:
    e.1. Annotation of the film with data provided by a source 
external to the camera;
    e.2. Automatic back focal distance correction; or
    e.3. Automatic compensation control specially designed to permit 
an underwater camera housing to be usable at depths exceeding 1,000 
m;
    f. Electronic imaging systems, specially designed or modified 
for underwater use, capable of storing digitally more than 50 
exposed images;

    Note: 8A002.f does not control digital cameras specially 
designed for consumer purposes, other than those employing 
electronic image multiplication techniques.

    g. Light systems specially designed or modified for underwater 
use, as follows:
    g.1. Stroboscopic light systems capable of a light output energy 
of more than 300 J per flash and a flash rate of more than 5 flashes 
per second;
    g.2. Argon arc light systems specially designed for use below 
1,000 m;
    h. ``Robots'' specially designed for underwater use, controlled 
by using a dedicated computer and having any of the following:
    h.1. Systems that control the ``robot'' using information from 
sensors which measure force or torque applied to an external object, 
distance to an external object, or tactile sense between the 
``robot'' and an external object; or
    h.2. The ability to exert a force of 250 N or more or a torque 
of 250 Nm or more and using titanium based alloys or ``composite'' 
``fibrous or filamentary materials'' in their structural members;
    i. Remotely controlled articulated manipulators specially 
designed or modified for use with submersible vehicles and having 
any of the following:
    i.1. Systems which control the manipulator using the information 
from sensors which measure the torque or force applied to an 
external object, or tactile sense between the manipulator and an 
external object; or
    i.2. Controlled by proportional master-slave techniques or by 
using a dedicated computer and having 5 degrees of `freedom of 
movement' or more;

    Technical Note: Only functions having proportional control using 
positional feedback or by using a dedicated computer are counted 
when determining the number of degrees of `freedom of movement'.

    j. Air independent power systems specially designed for 
underwater use, as follows:
    j.1. Brayton or Rankine cycle engine air independent power 
systems having any of the following:
    j.1.a. Chemical scrubber or absorber systems, specially designed 
to remove carbon dioxide, carbon monoxide and particulates from 
recirculated engine exhaust;
    j.1.b. Systems specially designed to use a monoatomic gas;
    j.1.c. Devices or enclosures, specially designed for underwater 
noise reduction in frequencies below 10 kHz, or special mounting 
devices for shock mitigation; or
    j.1.d. Systems having all of the following:
    j.1.d.1. Specially designed to pressurize the products of 
reaction or for fuel reformation;
    j.1.d.2. Specially designed to store the products of the 
reaction; and
    j.1.d.3. Specially designed to discharge the products of the 
reaction against a pressure of 100 kPa or more;
    j.2. Diesel cycle engine air independent systems having all of 
the following:
    j.2.a. Chemical scrubber or absorber systems, specially designed 
to remove carbon dioxide, carbon monoxide and particulates from 
recirculated engine exhaust;
    j.2.b. Systems specially designed to use a monoatomic gas;
    j.2.c. Devices or enclosures, specially designed for underwater 
noise reduction in frequencies below 10 kHz, or special mounting 
devices for shock mitigation; and
    j.2.d. Specially designed exhaust systems that do not exhaust 
continuously the products of combustion;
    j.3. Fuel cell air independent power systems with an output 
exceeding 2 kW and having any of the following:
    j.3.a. Devices or enclosures, specially designed for underwater 
noise reduction in frequencies below 10 kHz, or special mounting 
devices for shock mitigation; or
    j.3.b. Systems having all of the following:
    j.3.b.1. Specially designed to pressurize the products of 
reaction or for fuel reformation;
    j.3.b.2. Specailly designed to store the products of the 
reaction; and
    j.3.b.3. Specially designed to discharge the products of the 
reaction against a pressure of 100 kPa or more;
    j.4. Stirling cycle engine air independent power systems having 
all of the following:
    j.4.a. Devices or enclosures, specially designed for underwater 
noise reduction in frequencies below 10 kHz, or special mounting 
devices for shock mitigation; and
    j.4.b. Specially designed exhaust systems which discharge the 
products of combustion against a pressure of 100 kPa or more;
    k. Skirts, seals and fingers, having any of the following:
    k.1. Designed for cushion pressures of 3,830 Pa or more, 
operating in a significant wave height of 1.25 m (Sea State 3) or 
more and specially designed for surface effect vehicles (fully 
skirted variety) controlled by 8A001.f; or
    k.2. Designed for cushion pressures of 6,224 Pa or more, 
operating in a significant wave height of 3.25 m (Sea State 5) or 
more and specially designed for surface effect vehicles (rigid 
sidewalls) controlled by 8A001.g;
    l. Lift fans rated at more than 400 kW and specially designed 
for surface effect vehicles controlled by 8A001.f or 8A001.g;
    m. Fully submerged subcavitating or supercavitating hydrofoils, 
specially designed for vessels controlled by 8A001.h;
    n. Active systems specially designed or modified to control 
automatically the sea-induced motion of vehicles or vessels, 
controlled by 8A001.f, 8A001.g, 8A001.h or 8A001.i;
    o. Propellers, power transmission systems, power generation 
systems and noise reduction systems, as follows:
    o.1. Water-screw propeller or power transmission systems, 
specially designed for surface effect vehicles (fully skirted or 
rigid sidewall variety), hydrofoils or `small waterplane area 
vessels' controlled by 8A001.f, 8A001.g, .8A001.h or 8A001.i, as 
follows:
    o.1.a. Supercavitating, super-ventilated, partially-submerged or 
surface piercing propellers, rated at more than 7.5 MW;
    o.1.b. Contrarotating propeller systems rated at more than 15 
MW;
    o.1.c. Systems employing pre-swirl or post-swirl techniques, for 
smoothing the flow into a propeller;
    o.1.d. Light-weight, high capacity (K factor exceeding 300) 
reduction gearing;
    o.1.e. Power transmission shaft systems incorporating 
``composite'' material components and capable of transmitting more 
than 1 MW;

[[Page 66027]]

    o.2. Water-screw propeller, power generation systems or 
transmission systems, designed for use on vessels, as follows:
    o.2.a. Controllable-pitch propellers and hub assemblies, rated 
at more than 30 MW;
    o.2.b. Internally liquid-cooled electric propulsion engines with 
a power output exceeding 2.5 MW;
    o.2.c. ``Superconductive'' propulsion engines or permanent 
magnet electric propulsion engines, with a power output exceeding 
0.1 MW;
    o.2.d. Power transmission shaft systems incorporating 
``composite'' material components and capable of transmitting more 
than 2 MW;
    o.2.e. Ventilated or base-ventilated propeller systems, rated at 
more than 2.5 MW;
    o.3. Noise reduction systems designed for use on vessels of 
1,000 tonnes displacement or more, as follows:
    o.3.a. Systems that attenuate underwater noise at frequencies 
below 500 Hz and consist of compound acoustic mounts for the 
acoustic isolation of diesel engines, diesel generator sets, gas 
turbines, gas turbine generator sets, propulsion motors or 
propulsion reduction gears, specially designed for sound or 
vibration isolation and having an intermediate mass exceeding 30% of 
the equipment to be mounted;
    o.3.b. Active noise reduction or cancellation systems, or 
magnetic bearings, specially designed for power transmission 
systems, and incorporating electronic control systems capable of 
actively reducing equipment vibration by the generation of anti-
noise or anti-vibration signals directly to the source;
    p. Pumpjet propulsion systems having a power output exceeding 
2.5 MW using divergent nozzle and flow conditioning vane techniques 
to improve propulsive efficiency or reduce propulsion-generated 
underwater-radiated noise;
    q. Self-contained, closed or semi-closed circuit (rebreathing) 
diving and underwater swimming apparatus.

    Note: 8A002.q does not control an individual apparatus for 
personal use when accompanying its user.

* * * * *

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

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

* * * * *

List of Items Controlled

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

    Note: 9A012 does not control model aircraft.

* * * * *

    Dated: November 25, 2009.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. E9-28806 Filed 12-4-09; 4:15 pm]

BILLING CODE 3510-33-P
