[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Rules and Regulations]
[Pages 29610-29632]
[FR Doc No: 2011-11134]

Vol. 76

Friday,

No. 98

May 20, 2011

Part IV

Department of Commerce

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Bureau of Industry and Security

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15 CFR Parts 734, 740, 742 et al.

Wassenaar Arrangement 2010 Plenary Agreements Implementation: Commerce
Control List, Definitions, Reports; Final Rule

Federal Register / Vol. 76 , No. 98 / Friday, May 20, 2011 / Rules
and Regulations

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 734, 740, 742, 743, 772, 774

[Docket No. 110124056-1119-01]
RIN 0694-AF11

Wassenaar Arrangement 2010 Plenary Agreements Implementation:
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, as part
of the agency's Export Administration Regulations (EAR), the Commerce
Control List (CCL), which identifies items subject to Department of
Commerce export controls. This final rule revises the CCL 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) at the December 2010 WA Plenary Meeting (the
Plenary). 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 the CCL with the changes made to the Wassenaar List at the
Plenary, this rule amends entries on the CCL that are controlled for
national security reasons in Categories 1, 2, 3, 4, 5 Parts I & II, 6,
7, 8, and 9, revises reporting requirements, and adds and amends
definitions in the EAR.

DATES: Effective Date: This rule is effective: May 20, 2011.

FOR FURTHER INFORMATION CONTACT: For general questions contact Sharron
Cook, Office of Exporter Services, Bureau of Industry and Security,
U.S. Department of Commerce at<PHONE_NUMBER> or by e-mail:
<EMAIL_ADDRESS>    For technical questions contact:

Category 1: Michael Rithmireat<PHONE_NUMBER>
Category 2: George Loh at<PHONE_NUMBER>
Category 3: Brian Baker at<PHONE_NUMBER>
Category 4: Joseph Young at<PHONE_NUMBER>
Category 5 Part 1: Joseph Young at<PHONE_NUMBER>
Category 5 Part 2: C. Randall Pratt at<PHONE_NUMBER>
Category 6: Chris Costanzo at<PHONE_NUMBER> (optics), John Varesi 202-
482-1114 (sensors & cameras) and Mark Jaso at<PHONE_NUMBER> (lasers)
Category 7: Daniel Squire at<PHONE_NUMBER>
Category 8: Darrell Spires at<PHONE_NUMBER>
Category 9: Gene Christensen at<PHONE_NUMBER>

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. For more information on the Wassenaar Arrangement go to
http://www.wassenaar.org/.

Revisions to the Commerce Control List

    This rule revises the following 53 ECCNs on the Commerce Control
List (CCL) to implement the changes to the Wassenaar List of Dual-Use
Goods and Technologies agreed to at the December 2010 WA Plenary
meeting: 1A002, 1A004, 1B001, 1C003, 1C006, 1C008, 1C010, 1C011, 1C111,
2A001, 2B001, 2B005, 2B006, 3A001, 3A002, 3A991, 3B001, 3C001, 3E001,
4A001, 5A001, 5D001, 5E001, 5A002, 5D002, 5E002, 6A001, 6A002, 6A003,
6A005, 6A006, 6A008, 6D001, 6D003, 6E001, 6E002, 6E003, 7A001, 7A002,
7A003, 7E004, 8A001, 8A002, 9A001, 9A003, 9A991, 9B001, 9B002, 9B008,
9D003, 9D004, 9E001 and 9E003. These changes are described in more
detail below.

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

    ECCN 1A002 is amended by:
    Removing the phrase ``finished or'' from Notes 2 and 3, because
finished products are not generally specified based on the materials
they contain.
    Adding a new Note 4 to convey that ECCN ``1A002 does not apply to
finished items specially designed for a specific application.''
    ECCN 1A004 is amended by:
    Deleting the phrase ``Nuclear, biological and chemical (NBC)'' from
1A004.c, because it conflicts with the list in 1A004.c, as it is
missing radioactive materials, and is redundant to the list.
    Changing the format of the civil industries from a narrative list
to an enumerated list formatin paragraph (b) of the Note to 1A004 that
is located after the Notes to paragraph 1A004.d, as well as replacing
the ``and'' to ``or'' between the phrases ``residential safety'' and
``civil industries'' in this same paragraph (b) of this same Note.
These changes are made to clarify the meaning of the note.
    ECCN 1B001 is amended by:
    Adding the phrase ``specially designed or modified,'' removing the
words ``to manufacture,'' and adding the word ``for'' to paragraph
1B001.c to clarify that common textile weaving and interlacing machines
are not intended to be controlled. In addition, the note is removed
because the new text makes the note unnecessary.
    ECCN 1C003 is amended by replacing, for the sake of clarity, the
phrase ``initial permeability'' with ``initial relative permeability''
in the technical note of paragraph 1C003.a.
    ECCN 1C006 is amended by:
    Revising the format of the parameters in 1C006.c from a narrative
to a cascaded list format to clarify the text.
    Removing 1C006.e to correct the text. This paragraph was the last
paragraph of a technical note that was moved in 2009 from 1C006.d to
the end of 1C006.a.2.e. This paragraph was inadvertently not removed
when the technical note was moved.
    ECCN 1C008 is amended by:
    Removing ``Non-fluorinated polymeric substances'' and adding in its
place ``Imides'' in 1C008.a, and adding the word ``compounds'' to
1C008.b.1, to better describe the scope of the paragraphs that follow.
    Adding ``(PAI) having a `glass transition temperature
(Tg)' exceeding 563 K (290[deg] C)'' to 1C008.a.2--Aromatic
polyamide-imides, which adds a temperature property as a parameter.
    Adding the word ``compounds'' to 1C008.b.1 to add a more complete
description of the scope of the paragraphs that follow.
    Removing the CAS numbers for all the compounds in 1C008.b.1.a,
because CAS numbers are used to describe specific substances, not
compounds.

    Adding the word ``acids'' to 1C008.b.2 to better describe the scope
of the paragraphs that follow.
    Adding a new sentence about the PAI test to the technical note at
the end of the items paragraph of 1C008.PAI varnishes are sometimes
sold and these contain PAI polymers that are only partially
polymerized. The added language therefore explains that the
Tg parameter should be determined using a PAI specimen that
is properly cured to reach a maximum capability.
    ECCN 1C010 is amended by:
    Revising the narrative format to a cascaded format in Note 2 to
1C010.e, in order to add a new paragraph (b) to this note to convey
that ``Fully or partially resin-impregnated or pitch-impregnated
mechanically chopped, milled or cut carbon ``fibrous or filamentary
materials'' 25.0 mm or less in length when using a resin or pitch other
than those specified by 1C008 or 1C009.b.'' are not controlled under
1C010.e.
    Amending the technical note at the end of ECCN 1C010 by splitting
it into two separate sentences (ending the first sentence after
``specimen''), for better readability and clarity. Also, this rule
removes the phrase ``with a minimum 90% degree of cure'' and adding in
its place ``In the case of thermoset materials, degree of cure of a dry
test specimen shall be a minimum of 90%'' to clarify the scope of
``degree of cure'' in the definition for `Dynamic Mechanical Analysis
glass transition temperature (DMA Tg)'.
    ECCN 1C011 is amended by:
    Revising the Missile Technology (MT) paragraph in the License
Requirements section because WA has now aligned with the Missile
Technology Control Regime in controls for boron and boron alloys;
therefore, the parenthetical phrase ``for boron'' is removed and the MT
control applies to both the boron and the boron alloy in 1C011.b.
    Adding a new sentence to number 2 of the Related Controls paragraph
to indicate that ``the following are subject to the export licensing
authority of the U.S. Department of State, Directorate of Defense Trade
Controls'' and adding ``metal powders mixed with other substances to
form a mixture formulated for military purposes'' to the end of the
existing list that includes materials controlled by 1C011.a.
    Replacing the word ``carbide'' with ``alloys'' in 1C011.b for
boron, and cascading the parameters in two new paragraphs 1C011.b.1 and
1C001.b.2 in order to align with controls under the Missile Technology
Control Regime, to make the text more clear, and to recognize the
foreign availability and decreased use of boron carbide for military
uses.
    ECCN 1C111 is amended by adding a note 3 to the Related Controls
paragraph to reference ECCN 1C011 for boron and boron alloys, and by
removing paragraph 1C111.a.2.b ``Boron alloys with a purity of 85% by
weight or more'' because this control is now in 1C011.b.

Category 2--Materials Processing

    ECCN 2A001 is amended by:
    Removing reference to 2A001.b from the License Exceptions GBS and
CIV eligibility paragraphs in ECCN 2A001, because this paragraph is
removed and reserved by this rule.
    Removing one of the standards ``or ANSI/ABMA Std 20 Tolerance Class
ABEC-7 or RBEC-7'' from paragraph 2A001.a and leaving only ``or other
national equivalents'' because this language sufficiently describes the
applicable standard for the control.
    Removing and reserving paragraph 2A001.b, that controlled specified
ball bearings and solid roller bearings because of the wide foreign
availability of these commodities.
    ECCN 2B001 is amended by removing the phrase ``Having two or more
rotary axes and all of the following'' and adding in its place ``At
least two rotary axes having all of the following'' to clarify the
scope of the 2B001.e.2.
    ECCN 2B005 is amended by removing the phrase ``allowing for the''
and adding in its place ``capable of'' to clarify the control in the
introductory text of 2B005.g.
    ECCN 2B006 is amended by:
    Replacing the phrase ``indication (MPEE)'' with ``length
measurement (E0,MPE)'' to harmonize with the new ISO
standard and replacing the year of the ISO standard from ``2001'' to
``2009'' in 2B006.a.
    Replacing the acronym ``MPEE'' with ``E0,MPE'' in the
Technical Note following 2B006.a to harmonize with the new ISO
standard.
    Replacing the phrase ``Machine tools, which'' with ``2B006 includes
machine tools, other than those specified by 2B001, that'' to clarify
the Note following paragraph 2B006.c.
    Removing two superfluous phrases ``are controlled'' and ``the
machine tool function or'' from the Note following paragraph 2B006.c.

Category 3--Electronics

    ECCN 3A001 is amended by:
    Removing paragraph 3A001.a.4 from the License Exception CIV
eligibility paragraph in the License Exceptions section, because
3A001.a.4 is removed by this rule.
    Removing and reserving paragraph 3A001.a.4 ``Storage integrated
circuits manufactured from a compound semiconductor,'' because the
circuits of concern are covered by 3A001.a.2.
    Adding the word ``Converter'' to ``Analog-to-Digital,'' adding
capitalization, and adding the acronyms (ADC) and (DAC) to paragraph
3A001.a.5.
    Replacing ``Analog-to-digital converters'' with ``ADCs'' in
3A001.a.5.a and Note 2 of the technical note located after 3A001.a.5.b
for consistency.
    Revising the output rate for Analog-to-Digital Converters (ADCs) in
3A001.a.5.a.2, a.5.a.3, a.5.a.4, and a.5.a.5 from ``200 million words
per second'' to ``300 million words per second,'' ``105 million words
per second'' to ``200 million words per second,'' ``10 million words
per second'' to ``125 million words per second,'' and ``2.5 million
words per second'' to ``20 million words per second,'' respectively.
These revisions are made because the speeds and capabilities of digital
signal processing have advanced significantly since the last revision
to these control parameters.
    The Technical Notes that appeared after paragraph 3A001.a.5.b are
moved to after 3A001.a.5.a.5. In addition, this rule moves the last
half of Technical Note 3 to Note 6 and moves Note 4 to Note 7, and adds
new notes 4, 5, 8, and 9 to address aggregation of ADCs.
    Revising the parameters for Digital-to-Analog Converters (DAC) in
3A001.a.5.b to better describe the crucial benchmarks for evaluating
DAC devices, as well as adding four new technical notes that include
two new technical terms: ``adjusted update rate'' and ``Spurious Free
Dynamic Range'' (SFDR).
    Revising the upper threshold of the frequency parameter from 6 GHz
to 6.8 GHz for Microwave Monolithic Integrated Circuits (MMIC) power
amplifiers in paragraphs 3A001.b.2.a and b.2.b, for discrete microwave
transistors in paragraphs 3A001.b.3.a and b.3.b, for microwave solid
state amplifiers and microwave assemblies/modules containing microwave
solid state amplifiers in paragraphs 3A001.b.4.a and b.4.b, and for the
technology for the development or production of MMIC power amplifiers
in paragraphs 5E001.d.1 and d.2, because the prevalent bands for
commercial satellite communications are 5.7 GHz to 6.7 GHz.
    Adding a new parameter to paragraphs 3A001.b.2.d and b.2.f that
reads ``and with an average output power greater than 0.1 nW'' for
MMICs to narrow the scope of controls.
    Removing and reserving Note 1 to 3A001.b.2 relating to broadcast
satellite

equipment, because this entry controls components, not equipment.
    Adding the words ``product group'' to Note 3 to 3A001.b.2 to
clarify the text.
    Adding a new parameter to paragraphs 3A001.b.3.e that reads ``and
with an average output power greater than 0.1 nW'' for discrete
microwave transistors to narrow the scope of this control.
    Adding a new parameter to paragraphs 3A001.b.4.c and b.4.e that
reads ``and with an average output power greater than 0.1 nW'' for
microwave solid state amplifiers and microwave assemblies/modules
containing microwave solid state amplifiers to narrow the scope of
controls for these items.
    Removing and reserving Note 1 after 3A001.b.4.f.3 concerning
broadcast satellite equipment, because 3A001 does not control equipment
but components, in this case Microwave or Millimeter Wave Components.
In addition, Note 1 is not necessary, because MMICs specially designed
for satellite broadcast equipment are not controlled by Category 3
pursuant to Note 1 at the beginning of Category 3.
    Removing the phrase ``from one selected frequency to another'' from
3A001.b.11 because it is redundant with the term ``frequency
switching.''
    ECCN 3A002 is amended by:
    Revising the parameters for radio-frequency signal analyzers in
paragraphs 3A002.c to revise control thresholds to more accurately
differentiate between commercial/civilian applications and applications
of strategic concern by changing the controls from frequency only to a
combination of frequency and other parameters. This change includes the
redesignation of 3A002.c.3 to c.4 and the addition of a new paragraph
3A002.c.3.
    Revising and rearranging the narrative in 3A002.c.1 to more clearly
describe the radio-frequency signal analyzers.
    This rule introduces a new parameter, ``Displayed Average Noise
Level,'' in 3A002.c.2. This control protects the applications
(principally advanced radar) that are of national security concern.
Specifically, this revision relaxes the controls in 3A002.c.2 by adding
the additional control parameter, ``Displayed Average Noise Level,''
that applies to the current frequency parameter of between 43.5 and 70
GHz.
    Adding a new control in 3A002.c.3 for signal analyzers having a
frequency exceeding 70 GHz.
    Revising the ``real-time bandwidth'' for ``dynamic signal
analyzers'' from ``500 kHz'' to ``40 MHz'' in the newly designated
paragraph 3A002.c.4 to respond to emerging communications standards and
available test equipment as ``dynamic signal analyzers'' approach 40
MHz in bandwidth.There is growing application of ``dynamic signal
analyzers'' with ``real-time bandwidth'' above 40 MHz bandwidth in
military applications.
    Replacing the reference in the Note following 3A002.c.4 from
``3A002.c.3'' to ``3A002.c.4'' to harmonize it with the addition of
paragraph 3A002.c.3.
    Revising paragraphs 3A002.d.1, d.2 and the introductory text to d.4
relating to frequency synthesized signal generators to revise control
thresholds to more accurately differentiate between purely civilian
applications and those of strategic concern. These revisions are being
implemented by changing the entry from one solely based on frequency to
a combination of frequency and other parameters, such as output power.
    Revising 3A002.d.3.e and adding d.3.f to clarify the frequency
switching controls by defining switching times and windows within the
range 43.5-70 GHz.
    Revising the introductory text for 3A002.d.4 to add an upper limit
to the frequency switching control of 70 GHz.
    Removing an ``or'' at the end of paragraph 3A002.d.3.d and adding
it to the end of paragraph 3A002.d.3.e, because of the addition of new
paragraph d.3.f. An ``or'' is added at the end of paragraph
3A002.d.4.b, because of the addition of new paragraph 3A002.d.5. These
controls protect the applications (principally advanced radar) that are
of national security concern. Finally, the umbrella control on signal
generators ``> 70 GHz'' is moved to new paragraph 3A002.d.5.
Specifically, this revision relaxes the frequency threshold from the
current value of 43.5 GHz to 70 GHz by clarifying that other control
parameters apply between 43.5 and 70 GHz. This approach addresses
emerging civilian telecommunications standards in the 56-67 GHz band by
defining performance parameters.
    ECCN 3A991 is amended by replacing the control level for Analog-to-
Digital Converters (ADCs) in paragraph 3A991.c with the former control
levels for ADCs in ECCN 3A001.a.5.a. Therefore, ADCs in 3A991.c.1
having a resolution of 8 bit or more, but less than 12 bit are amended
by revising the output rate from ``greater than 100 million words per
second'' to ``greater than 200 million words per second.'' ADCs in
3A991.c.2 having a resolution of 12 bit are amended by revising the
output rate from ``greater than 5 million words per second'' to
``greater than 105 million words per second.'' ADCs in 3A991.c.3 having
a resolution of more than 12 bit but equal to or less than 14 bit are
amended by revising the output rate from ``greater than 500 thousand
words per second'' to ``greater than 10 million words per second.''
ADCs in 3A991.c.4 having a resolution of more than 14 bit are amended
by revising the output rate from ``greater than 500 thousand words per
second'' to ``greater than 2.5 million words per second.'' These
changes are made because of the technological advances in the field of
ADCs and because raising the control level for ADCs destined to anti-
terrorism countries will not pose a national security threat to the
United States.
    Pursuant to the EAR, those ADCs that are now classified as EAR99
still require a license for export to Cuba, North Korea, and Syria,
because a license is required for export of all items subject to the
EAR to these countries. EAR99 ADCs destined to Iran and Sudan may
require a license pursuant to the EAR if destined to a restricted end-
user or end-use. (See General Prohibitions 4 through 10 in Part 736 of
the EAR.) Also note that the Treasury Department's Office of Foreign
Assets Control (OFAC) administers comprehensive trade embargoes against
Iran and Sudan, and exports or reexports of EAR99 ADCs to those
countries are subject to OFAC's regulations. See 31 CFR part 538--the
Sudanese Sanctions Regulations and 31 CFR part 560--the Iranian
Transactions Regulations.
    ECCN 3B001 is amended by:
    Revising the critical dimension of semiconductor devices by plasma
enhanced Chemical Vapor Deposition (CVD) equipment from ``180 nm or
less'' to ``65 nm or less'' in paragraph 3B001.d.1 and d.2 to account
for technical advances in the industry of semiconductor manufacturing.
    Capitalizing ``Minimum Resolvable Feature'' size and adding the
acronym (MRF) in paragraph 3B001.f.1.b and in the technical note that
follows.
    Revising the feature size from ``180 nm'' to ``95 nm'' for align
and expose step and repeat (direct step on wafer) or step and scan
(scanner) equipment in 3A001.f.1.b and for imprint lithography
equipment in paragraph 3B001.f.2.
    Revising the K factor from ``0.45'' to ``0.35'' in the Technical
Note following 3B001.f.1.b to align with advancing technology.
    ECCN 3C001 is amended by removing the text in the Related
Definitions paragraph of the List of Items Controlled section and
adding in its place ``N/A'' to correct the Related Definitions
paragraph.

    ECCN 3E001 is amended by revising the parameter in paragraph (a) of
Note 2 from ``of 0.5 [micro]m or more; and'' to ``at or above 0.130
[micro]m,'' to accommodate advances in technology and increasing civil
application of that technology.
    Replacing the current text in paragraph (b) of Note 2 ``Not
incorporating multi-layer structures'' with ``Incorporating multi-layer
structures with three or fewer metal layers'' to expand the exclusion
note.
    In addition, this rule removes the technical note in Note 2 of
3E001 because the note is no longer necessary due to the revision to
paragraph (b) of Note 2.

Category 4--Computers

    ECCN 4A001 is amended by:
    Adding the phrase ``or ``civil aircraft'''' to the Note to
4A001.a.1, because some civil aircraft computers often reach the
thresholds in 4A001.
    Revising the single event upset rate in 4A002.a.2.c from ``1 x
10-7'' to ``1 x 10-8'' because of advances in
this technology. A Note is added to 4A001.a.2 to clarify that this
provision does not apply to computers specially designed for ``civil
aircraft'' applications to prevent this control from inadvertently
capturing onboard civil aircraft computers.

Category 5 Part I-- Telecommunications

    Category 5 Part 1 is amended by adding a second Nota Bene (N.B.2.)
after Note 1 at the beginning of the category to close a potential
loophole in relation to items incorporating or using cryptography or
other ``information security'' functionality, including encryption,
``cryptanalysis'' and ``cryptographic activation.'' Note 1 could be
read to require that all telecommunications items should only be
classified using Category 5 Part 1 even if they incorporate or use
cryptography or other ``information security'' functionality, when, in
fact, the control status of ``information security'' items is
determined using Category 5 Part 2 . The second Nota Bene clarifies
that any item that is designed for telecommunications and incorporates
or uses cryptography should also be classified using Category 5 Part 2.
    ECCN 5A001 is amended by:
    Replacing the text in paragraph 5A001.c with the text in paragraph
5A001.c.1 ``Optical fiber communication cables, optical fibers and
accessories, as follows:''. Also, adding an ``and'' between ``length''
and ``specified'' in the new 5A001.c (former 5A001.c.1). The Nota Bene
(N.B. 1) that reads ``For underwater umbilical cables, and connectors
thereof, see 8A002.a.3.'' is moved from 5A001.c.2 to after 5A001.c,
revised by removing the phrase ``, and connectors thereof'' and
relabeled from ``N.B. 1'' to ``N.B.''
    5A001.c.2, the exclusion Note and Nota Bene 2 that follows it are
deleted, because they no longer serve a purpose.
    Replacing ``electronic'' with ``radio frequency (RF) transmitting''
and replacing ``Radio Controlled Improvised Explosive Devices (RCIED)''
with ``Improvised Explosive Devices (IEDs)'' in paragraph 5A001.h to
clarify the text. Also, adding a new reference to ECCN 5A001.f in the
Nota Bene of 5A001.h to reference 5A001.f and Category XI of the ITAR
where radio transmission equipment is controlled. In addition, 5A001.h
is moved from NS Column 2 controls to NS Column 1 controls because
Radio Frequency (RF) transmitting equipment designed or modified for
prematurely activating or preventing the initiation of Improvised
Explosive Devices (IEDs) are now listed on the Wassenaar Arrangement's
Very Sensitive List. License Exceptions LVS, GBS, and CIV are no longer
available, for 5A001.h items because they have been added to the
Wassenaar Arrangement's Very Sensitive List.
    ECCN 5D001 is amended by:
    Revising the License Exceptions section by removing License
Exception CIV eligibility for ``software'' controlled by 5D001.a and
specially designed for the ``development'' or ``production'' of items
controlled by 5A001.h; and removing License Exception TSR eligibility
for exports and reexports to destinations outside of Austria, Belgium,
Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy,
Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or the
United Kingdom of ``software'' controlled by 5D001.a and specially
designed for the ``development'' or ``production'' of items controlled
by 5A001.h. ``Software'' controlled by 5D001.a and specially designed
for the ``development'' or ``production'' of items controlled by
5A001.h are on the Wassenaar Arrangement's Very Sensitive List.
    ECCN 5E001 is amended by:
    Removing License Exception TSR eligibility for exports or reexports
to destinations outside of Austria, Belgium, Canada, Denmark, Finland,
France, Germany, Greece, Ireland, Italy, Japan, Luxembourg, the
Netherlands, Portugal, Spain, Sweden, or the United Kingdom of
``technology'' controlled by 5E001.a for the ``development'' or
``production'' of items controlled by 5A001.h; or``software''
controlled by 5D001.a that is specially designed for the
``development'' or ``production'' of equipment, functions or features
controlled by 5A001.h.
    Adding a new Note for 5E001.b.4 to exclude ``technology'' for the
``development'' of civil cellular radio-communications systems from
control under 5E001, because this technology is commercial and does not
warrant national security controls.
    Raising the frequency parameter from 6.0 GHz to 6.8 GHz for
technology for the ``development'' and ``production'' of Microwave
Monolithic Integrated Circuit (MMIC) power amplifiers specially
designed for telecommunications in 5E001.d.1 and d.2, because a primary
segment of the high power amplifier market is for commercial satellite
communications (TV and Internet traffic) and meteorological radar
within the standard ITU bands. The prevalent bands for commercial
satellite communications are 5.7GHz to 6.7 GHz and 13.75GHz to 14.5GHz.

Category 5 Part II--``Information Security''

    ECCN 5A002 is amended by:
    Revising the EI paragraph in the License Requirements section to
add paragraph 5A002.b.
    Revising Note 1 in the Related Controls paragraph of the List of
Items Controlled section to add paragraph (j) to the first sentence, as
paragraph (j) has been added to the decontrol Note of ECCN 5A002.
    Replacing a period with a semicolon in paragraph (a)(2) of the Note
at the beginning of the Items paragraph of the List of Items Controlled
section to correct the punctuation.
    Removing ``or'' from paragraph .g and removing the period at the
end of paragraph .i and adding in its place ``; or'' in the Note at the
beginning of the Items paragraph of the List of Items Controlled
section.
    Adding a new paragraph .j to the decontrol notes in ECCN 5A002 for
equipment where the encryption cannot be used or can only be made
useable by means of ``cryptographic activation,'' as specified, as well
as adding a new Nota Bene (N.B.) to reference 5A002.a for equipment
that has undergone ``cryptographic activation.'' This new note is added
to clarify the treatment of equipment with dormant cryptography.
    Adding a new control paragraph 5A002.b to control systems,
equipment, application specific electronic assemblies, modules and
integrated circuits, designed or modified to enable an item to achieve
or exceed the controlled performance levels for functionality specified
by 5A002.a that

would not otherwise be enabled. This addition is made to address the
issue of mechanisms that are used to upgrade the cryptographic
functionality of equipment to performance levels specified by 5A002.a,
when the equipment would not be controlled under 5A002.a (i.e., would
not perform controlled cryptographic functions) without these upgrades.
    These changes are intended to clarify existing policy regarding the
treatment of products with dormant cryptography. They are not a new
control on these products.
    ECCN 5D002 is amended by:
    Revising the EI control paragraph by removing the phrase ``5D002.a
or c.1'' and adding in its place ``5D002.a,.c.1, or .d'' in the License
Requirements section.
    Adding a new paragraph 5D002.d to control ``software'' designed or
modified to enable an item to achieve or exceed the controlled
performance levels for functionality specified by 5A002.a that would
not otherwise be enabled. This addition is made to address the issue of
mechanisms that are used to upgrade the cryptographic functionality of
equipment or ``software'' to performance levels specified by 5A002.a
(note: 5D002 ``software'' is classified according to performance levels
specified by 5A002), when the equipment or ``software'' would not be
controlled under 5A002.a or 5D002 (i.e., would not perform controlled
cryptographic functions) without these upgrades.
    ECCN 5E002 is amended by:
    Moving the text of the Heading to 5E002.a and adding in its place
``Technology'' as follows:''
    Revising the EI control paragraph in the License Requirement
section by removing the phrase ``ECCNs 5A002 or 5D002.a or 5D002.c''
and adding in its place ``ECCNs 5A002 or 5D002'' to succinctly indicate
what is EI controlled under ECCN 5E002.
    Removing the text following the Items paragraph, which states ``The
list of items controlled is contained in the ECCN heading'' and adding
in its place a control paragraph 5E002.a to control ``technology''
according to the General Technology Note for the ``development,''
``production'' or ``use'' of equipment specified by 5A002 or 5B002 or
``software'' specified by 5D002.a or 5D002.c. Prior to the addition of
a new ``technology'' control paragraph to address the issue of
``cryptographic activation,'' ECCN 5E002 did not have any specified
control paragraphs. The 5E002 Heading text in place prior to this rule
is now the text of the new paragraph 5E002.a.
    Adding a control paragraph 5E002.b to control ``technology'' to
enable an item to achieve or exceed the controlled performance levels
for functionality specified by 5A002.a that would not otherwise be
enabled. This addition is made to address the issue of mechanisms that
are used to upgrade the cryptographic functionality of equipment or
``software'' to performance levels specified by 5A002.a, when the
equipment or ``software'' would not be controlled under 5A002.a or
5D002 (i.e., would not perform controlled cryptographic functions)
without these upgrades.

Category 6--Sensors and Lasers

    ECCN 6A001 is amended by:
    Removing 6A001.c from License Exceptions LVS, GBS and CIV
eligibility in the License Exceptions section, because this paragraph
is moved to ECCN 8A002.r.
    Adding a new control for acoustic seabed survey equipment in
6A001.a.1.a because of the usefulness of this equipment in military
reconnaissance, including subparagraphs 6A001.a.1.a.1 (surface vessel
survey equipment), a.1.a.2 (underwater survey equipment designed for
seabed topographic mapping), and a.1.a.3 (Side Scan Sonar (SSS) or
Synthetic Aperture Sonar (SAS), designed for seabed imaging).
    Removing the parenthetical phrase in 6A001.a.2 that read
``receiving, whether or not related in normal application to separate
active equipment'' because it is guidance about the control that
belongs in a Note. A new Note is added to 6A001.a.2 to provide this
guidance about the control.
    Moving ECCN 6A001.c (diver deterrent acoustic systems) to ECCN
8A002.r, because the specified diver deterrent systems have no
capability to detect divers and are only used to deter divers. This
rule designates 6A001.c as reserved.
    New Nota Bene (N.B.) is added to reference 8A002.r for controls on
diver deterrent acoustic systems.
    ECCN 6A002 is amended by adding a Note to 6A002.d.3 to exclude
encapsulated optical sensing fibers specially designed for bore hole
sensing applications, because these fibers have limited use outside of
the intended application.
    ECCN 6A003 is amended by correcting the abbreviation for
Instantaneous Field of View (IFOV) in two places where it is listed as
FOV in the technical note following paragraph (b)(4)(b) of Note 3 to
6A003.b.4.b.
    ECCN 6A005 is revised by:
    Adding a new Note to 6A005.c.1 to exclude dye lasers or other
liquid lasers with specified parameters to correct the roll-back on
controls resulting from the WA 2005 agreements.
    Replacing a period with a semicolon in 6A005.f.4, because a new
paragraph follows.
    Adding a new paragraph 6A005.g to control laser acoustic detection
equipment, and includes a technical note that reads ``laser acoustic
detection equipment is sometimes referred to as a laser microphone or
particle flow detection microphone.'' This equipment can be used as a
surreptitious listening device over very long distances.
    ECCN 6A006 is amended by:
    Adding 6A006.e to the list of items excluded from License Exception
LVS eligibility, because it has been added to the Wassenaar
Arrangement's Sensitive List.
    Removing ``and'' from 6A006.c.3 and replacing a period with a
semicolon in 6A006.d, because this rule adds a new paragraph.
    Adding a new paragraph 6A006.e to control specified Underwater
ElectroMagnetic Receivers (UEMR). The UEMR can be used in civil
applications, such as oil and gas exploration, as well as for military
purposes such as mine/vessel detection and alerting.
    ECCN 6A008 is amended by:
    Removing 6A008.l.3 from the License Exception LVS eligibility
paragraph, because this rule removes and reserves this paragraph.
    Adding an ``or'' to the end of 6A008.l.1 to harmonize it with
changes in this ECCN;
    Removing and reserving 6A008.l.2 and l.3, because these parameters
for radar data processing sub-systems are no longer key or major
criteria to determining whether these commodities are usable for
military applications;
    Revising 6A008.l.4 by adding the phrase ``Configured to provide''
at the beginning, replacing the phrase ``in real time'' with ``within
six seconds,'' and adding the phrase ``specified by 6A008.f, or
6A008.i.'' to clarify the control parameter; and
    Adding a Nota Bene to reference a related control in the U.S.
Munitions List (22 CFR part 121).
    ECCN 6D001 is amended by adding 6A004.c and d, and 6A008.d, h, and
k to paragraph 3 of the License Exception TSR paragraph, because these
ECCN subparagraphs are listed on the Wassenaar Arrangement's Sensitive
List.
    ECCN 6D003 is amended by:
    Adding two new paragraphs 6D003.f.3 and f.4 to control ``software''
and ``source code,'' specially designed for ``real time processing'' of
electromagnetic data using underwater electromagnetic receivers
specified by 6A006.e, because this source code and software is

essential for the use of Underwater ElectroMagnetic Receivers (UEMR).
    Adding the phrase ``designed to be'' between ``programs'' and
``hosted'' in paragraph 6D003.h.1 to clarify that software to be
exported is controlled not only when it has been loaded onto a general
purpose computer, but also prior to loading onto such a computer.
    ECCN 6E001 is amended by:
    Revising the Heading by removing the reference to 6A018 (because
ECCN 6A018 was removed from the CCL on July 30, 2004 (69 FR 46086)) and
adding a missing closing parenthetical to the end of the Heading; and
    Revising paragraph 4 of License Exception TSR by replacing
6A001.a.1.b.1 with 6A001.a.1.b, and adding 6A001.a.1.e, a.2.d;
6A002.a.1.a, a.1.b, a.2.a, a.2.b, a.3, b, and c; 6A003.b.3, b.4;
6A004.c and d; 6A005.a.1; 6A006.a.2, c.1, d, e, g, and h; 6A008.d, h,
and k. These revisions are made to conform to the Wassenaar
Arrangement's Sensitive List.
    ECCN 6E002 is amended by:
    Revising the Heading by removing the reference to 6A018 (because
ECCN 6A018 was removed from the CCL on July 30, 2004 (69 FR 46086)).
    Revising paragraph 3 of License Exception TSR by replacing the word
``development'' with ``production'' to correct this paragraph, replace
6A001.a.1.b.1 with 6A001.a.1.b, moving 6A001.a.2.c to paragraph (b) of
this paragraph, adding 6A002.a.3, 6A002.b, 6A002.c, 6A003.b.3,
6A003.b.4, 6A004.c, 6A004.d, 6A005.a.1, 6A006.a.2, 6A006.c.1, 6A006.d,
6A006.e, 6A006.g, 6A006.h, 6A008.d, 6A008.h, 6A008.k, 6A008.l.3, 6B008,
replacing 6A001.a.2.e with 6A001.a.2.c in paragraph (b) of this
paragraph, and removing paragraph (c) of this paragraph 3. These
revisions are made to conform to the Wassenaar Arrangement's Sensitive
List.
    ECCN 6E003 is amended by adding the phrase ``an `optical
thickness''' between ``achieve'' and ``uniformity'' in paragraph
6E003.d.1 to add clarity to the parameter, as well as adding a
technical note to this paragraph to define `optical thickness.'

Category 7--Navigation and Avionics

    ECCN 7A001 is amended by:
    Adding the phrase ``but less than or equal to 100 g'' after ``15g''
in 7A001.a.2 for linear accelerometers, to prevent an overlap of
control between 7A001 and 7A002.
    Adding a note for 7A001.a.1 and a.2 to exclude accelerometers
limited to measuring only vibration or shock.
    ECCN 7A002 is amended by:
    Adding new parameters to control gyros or angular rate sensors in
7A002.a and .b to address an overlap of controls between 7A001 and
7A002.
    Adding a new Note for 7A002.a.2.b to exclude `spinning mass gyros'
from 7A002 controls.
    ECCN 7A003 is amended by removing the phrase ``and specially
designed components therefor'' from 7A003.d, because this phrase is
redundant. The specially designed components of concern are the
accelerometers and gyros that are already controlled in the text of
7A003.d.
    ECCN 7E004 is amended by:
    Removing the phrase ``Raster-type head-up displays or'' from
7E004.a.3, because cathode ray tube and related raster scanning
technology is outdated and no longer represents the standard for
display technology.
    Removing and reserving specified inertial navigation systems or
gyro-astro compasses in 7E004.a.4, because this technology is covered
by ECCNs 7E001 and 7E002.

Category 8--Marine

    ECCN 8A001 is amended by:
    Removing the word ``Fiber'' from paragraph 8A001.d.3 and replacing
``optic'' with ``optical,'' because this paragraph addresses parameters
for untethered submersible vehicles, which, by definition, are not
tethered by fiber.
    ECCN 8A002 is amended by:
    Adding paragraph 8A002.r to License Exceptions GBS and CIV, because
this paragraph was moved from 6A001.c, which was eligible for these
license exceptions.
    Cascading the parameters in paragraph 8A002.i.l to make clear that
remotely controlled articulated manipulators specially designed for use
with submersibles vehicles are controlled when the system that controls
the manipulators uses either measured or detected information from
tactile sensors.
    Adding single quotes around the term `active noise reduction or
cancellation systems' in paragraph 8A002.o.3.b and moving some of the
text of 8A002.o.3.b into a new technical note that defines `active
noise reduction or cancellation systems' to move definitional text out
of the parameter paragraph.
    Cascading the text in 8A002.p to make it clear that both the
``power output'' and ``using divergent nozzle and flow conditioning
vane techniques'' parameters apply to pumpjet propulsion systems.
    Cascading the parameters in 8A002.q to make it clear that closed
circuit rebreathers and semi-closed circuit rebreathers are types of
underwater swimming and diving equipment that are controlled by this
paragraph.
    Replacing the word ``apparatus'' with ``rebreathers,'' in 8A002.q.1
and q.2, and replacing the phrase ``its user'' with ``their users'' to
clarify the Note to 8A002.q.
    Adding a new paragraph 8A002.r, which has been moved from 6A001.c,
because the specified diver deterrent systems have no capability to
detect divers and are only used to deter divers. This rule also adds
related notes describing the scope of 8A002.r to help readers
understand the scope of the control better.

Category 9--Aerospace and Propulsion

    ECCN 9A001 is amended by adding a reference to 9E003.i in 9A001.a
as a new parameter for control of aero gas turbine engines.
    ECCN 9A003 is amended by replacing the phrase ``having any of the
following'' with ``any of the following'' in the Header because the
Items paragraphs do not list characteristics of engine propulsion
systems. In addition, this rule adds 9E003.i (``technology'' for
adjustable flow path systems designed to maintain engine stability for
gas generator turbines, fan or power turbines, or propelling nozzles)
to the heading of 9A003.
    ECCN 9A991 is amended by adding double quotes around the term
``civil aircraft'' in paragraph 9A991.b in the Items paragraph of the
List of Items Controlled, because this is a defined term in Part 772.
    ECCN 9B001 is amended by adding double quotes around the term ``tip
shroud'', because this rule adds a definition to Part 772 of the EAR.
    ECCN 9B002 is amended by moving and cascading the text that
appeared in the Heading to the Items paragraph of the List of Items
Controlled section to improve clarity of the control. In addition, this
rule replaces the reference to ``9E003.a. or 9E003.h'' with ``9E003.h
and 9E003.i'' in the new paragraph 9B002.b, to harmonize it with the
movement of ``technology'' for adjustable flow path systems designed to
maintain engine stability for gas generator turbines, fan or power
turbines, or propelling nozzles from 9E003.a.10 to 9E003.i.
    ECCN 9B008 is amended by revising the Heading for clarity of the
control scope of the entry.
    ECCN 9D003 is amended by:
    Replacing the phrase ``specially designed or modified for the
``use'' of ``Full Authority Digital Electronic Engine Controls
Systems'''' with ``incorporating ``technology'' specified by

9E003.h and used in'' to use less words to refer to the same
parameters.
    Removing the phrase ``as follows (see List of Items Controlled)''
to harmonize with the revisions described in this entry.
    Removing paragraphs 9D003.a and .b, and adding in their place the
sentence, ``The list of items controlled is contained in the ECCN
heading.''
    ECCN 9D004 is amended by adding double quotes around the newly
defined term ``tip shrouds'' in paragraph 9D004.f.
    ECCN 9E001 is corrected by adding back the MT and AT paragraphs of
the License Requirement section that was inadvertently removed on
January 2, 2008 (73 FR 32, 38).
    ECCN 9E003 is amended by:
    Revising the SI control paragraph in the License Requirements
section to add paragraph .j, which was previously listed as .i but is
redesignated as .j by this rule to the existing list. The SI control
paragraph now includes a.8, .h, .i, and .j.
    Adding double quotes around the newly defined term ``tip shrouds''
in paragraph 9E003.a.1, a.4, and a.5.
    Replacing the word ``rotating'' with ``rotor'' in 9E003.a.8,
because this is a more precise description of the component to be
controlled.
    Adding a Technical Note to define ``damage tolerant'' after
9E003.a.8 to add clarity to the control and adding single quotes around
`damage tolerant' to identify that this term is defined in 9E003.
Adding ``or'' to the end of the text for a.8, because a.8 is the last
paragraph of substance before a.11, which is the last paragraph of
9E003.a.
    Removing and reserving paragraph .a.10 and the related notes and
adding a new Note Bene stating ``For adjustable flow path geometry, see
9E003.i.'' Redesignating paragraph .i as paragraph .j in the Items
paragraph of the List of Items Controlled section, in order to move
technology for ``adjustable flow path geometry and associated control
systems'' from 9E003.a.10 to the new 9E003.i. This paragraph was moved
to move it out from under the stipulation in 9E003.a that this
particular technology must be ``required'' for the ``development'' or
``production'' of any of the following gas turbine engine components or
systems. Instead the new more precise control is for specifically
listed ``technology'' for adjustable flow path systems designed to
maintain engine stability for gas generator turbines, fan or power
turbines, or propelling nozzles.

Sec.  734.4 De minimis U.S. Content

    Section 734.4 is amended by removing the phrase ``9E003.a.1 through
a.8, a.10, h and i.'' and adding in its place ``9E003.a.1 through a.8,
.h,.i and .j.'' in paragraph (a)(4) ``Items for which there is no de
minimis level.'' This change is made to harmonize with revisions to
paragraphs ECCN 9E003.i and .jin this rule.
    Section 734.4 is amended by removing the phrase ``5A002.a.1, .a.2,
.a.5, or .a.6, .a.9, or 5D002,'' and adding in its place ``5A002.a.1,
.a.2, .a.5, .a.6, .a.9, .b, or 5D002,'' in the introductory text of
paragraph (b)(1), because 5A002.b is a newly added EI controlled
paragraph.

License Exception GOV 740.11--Supplement No. 1 to section 740.11

    As a matter of policy BIS does not allow the use of License
Exception GOV for the export of items listed on the WA Very Sensitive
List. As a result of WA agreements adding ECCN 5A001.h (and
corresponding technology and software) to its Very Sensitive List, this
rule makes corresponding changes to Supplement No. 1 to section 740.11.

Sec.  740.17 License Exception ENC

    Section 740.17 is amended by removing the phrase ``5A002.a.1, .a.2,
.a.5, .a.6, or .a.9'' and adding in its place ``5A002.a.1, .a.2, .a.5,
.a.6, .a.9, or .b'' in the introductory paragraph and paragraphs
(a)(1)(i), (a)(2), and (b)(1). This is a consequential change because
of the newly added paragraph 5A002.b, which is EI controlled. (The
newly added paragraph 5D002.d, which is EI controlled, is already
covered by the existing reference to ECCN 5D002 in these section 740.17
paragraphs. So, while 5D002.d is a new CCL entry, its addition does not
require any conforming edits in these particular paragraphs.)

Sec.  742.14 Significant Items: Hot Section Technology for the
Development, Production or Overhaul of Commercial Aircraft Engines,
Components, and Systems

    This rule harmonizes the list of paragraphs under ECCN 9E003 that
are controlled for SI reasons with the list in section 742.14. The
paragraphs of ECCN 9E003 that are controlled for SI reasons are
9E003.a.1 through a.8, .h, .i, and .j.

Sec.  742.15 Encryption Items

    Section 742.15 is amended by removing the phrase ``5A002.a.1, a.2,
a.5, a.6 and a.9; 5D002.a or c.1 for equipment controlled for EI
reasons in ECCN 5A002;'' and adding in its place ``5A002.a.1, .a.2,
.a.5, .a.6, .a.9, and .b; 5D002.a, .c.1 or .d for equipment and
``software'' controlled for EI reasons in ECCNs 5A002 or 5D002;'' in
paragraph (a)(1). This is a consequential change because of the newly
added paragraphs 5A002.b and 5D002.d, which are EI controlled. This
change also clarifies that ``EI'' controls apply to ``software'' items
as specified by the designated ECCN 5D002 paragraphs, regardless of
whether the ``software'' is bundled, commingled or otherwise used with
ECCN 5A002 equipment.

Sec.  743.1 Wassenaar Arrangement

    WA has three levels of control of goods: Basic List (BL), Sensitive
List (SL), and Very Sensitive List (VSL). As a matter of policy, BIS
makes certain items on the WA BL and SL eligible for license
exceptions. Because of the U.S. obligations under its agreements to the
WA, the U.S. must report on SL items exported outside of the WA
membership countries. BIS does this by gathering data from its
licensing database. To collect data on exports made under license
exceptions, BIS requires WA reporting on SL items exported (excluding
deemed exports) under License Exceptions GBS, CIV, TSR, LVS, APP and
portions of GOV. As a result of WA making changes to its SL, this rule
makes corresponding changes to the reporting requirements of section
743.1 of the EAR.
    This rule revises the Note to paragraph (c)(1)(ii) of Section 743.1
by adding WA reporting requirements for 2D001 software other than that
controlled by 2D002, specially designed for the development or
production of deep-hole-drilling machines controlled by 2B001.f, or
``numerically controlled'' or manual machine tools controlled by 2B003.
In addition, this rule revises the Note to paragraph (c)(1)(ii) of
Section 743.1 by adding WA reporting requirements for 2E001 and 2E002
technology consistent with the General Technology Note for development
and production of deep-hole-drilling machines controlled by 2B001.f, or
``numerically controlled'' or manual machine tools controlled by 2B003.
This rule also changes the formatting of the information in this Note
by putting it in outline format for easier readability.
    This rule also revises reporting requirements in Section
743.1(c)(1)(v) to add 5A001.h in three places and to add 5A001.b.5 in
two places for consistency.
    This rule also revises reporting requirements in Section
743.1(c)(1)(vi) to remove 6A002.a.1.a, a.1.b, a.2.a, a.3, c, and e;
6A003.b.3 and b.4, ; and 6A006.a.1, a.2, and d, because the
subparagraphs of these ECCNs are not eligible for list based license
exceptions and are therefore not subject to WA reporting requirements
under the EAR. In addition, this rule removes 6D001,

6D003.a, 6E001 and 6E002, because the only list based license exception
this software and technology are eligible for is License Exception TSR,
and only within countries that are WA member countries.
    This rule also revises reporting requirements in Section
743.1(c)(1)(viii) to add the phrase ``as well as 8A001.b, c, and d'' to
ECCNs 8D001 and 8E001, to indicate that the reporting requirements of
743.1(c)(1) apply to exports of 8D001 software for the development,
production or use of commodities controlled by 8A001.b, c, and d and
8E001 technology for the development or production of commodities
controlled by 8A001.b, c, and d.

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

    As a result of the decisions reached at the 2010 WA Plenary, this
rule amends section 772.1 to add categories 4 and 9 as references in
the definition of ``civil aircraft'' to identify other categories that
use this definition. This rule also adds definitions for
``cryptographic activation,'' ``radiant sensitivity,'' and ``tip
shroud,'' and amends the existing definition for ``information
security'' to include ``cryptographic activation.'' This rule also
amends the definition of ``frequency switching time'' to add a more
practical and meaningful definition for the term. The change from an
absolute frequency to a percentage of the final maximum specified
frequency will make actual frequency measurements possible and
reasonable, thus removing ambiguity of interpretation. Additionally,
this rule corrects the structure of the definition of ``frequency
switching time'' by replacing an absolute value with a relative value.
Also, the phrase ``or signal generator'' is removed from the definition
of ``frequency synthesizer,'' because a signal generator is a subset of
a frequency source. Finally, the definition of ``object code'' is
amended by replacing the term ``converted'' with ``compiled'' to use a
more precise and commonly used word to describe what it is that is done
to source code in order to obtain object code.

Supplement No. 3 to Part 774

    This rule adds a Statement of Understanding related to Used Goods
at the end of Supplement No. 3 to Part 774, which states, ``The
specifications in the Commerce Control List apply equally to new or
used goods. In the case of used goods, an evaluation by the Bureau of
Industry and Security may be carried out in order to assess whether the
goods are capable of meeting the relevant specifications.'' This
statement was added because the regulated public often asks the
question as to whether the controls apply to used or older equipment.
The statement clearly states that the controls apply to new and used
equipment equally, but that if you believe the equipment cannot perform
to the stated control parameters because of its current age and
condition that you may submit a classification request to BIS and BIS
will evaluate the current state of the equipment against the control
parameters and make a classification determination.

Export Administration Act

    Since August 21, 2001, the Export Administration Act of 1979, as
amended, 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 12, 2010, 75 FR 50681 (August 16, 2010) has
continued the EAR in effect under the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.).

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
May 20, 2011, 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 July 19, 2011. Any such items
not actually exported before midnight, on July 19, 2011, require a
license in accordance with this regulation.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget.
    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 JasmeetSeehra,
OMB Desk Officer, by e-mail at<EMAIL_ADDRESS>or by
fax to<PHONE_NUMBER>; 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)). Immediate
implementation of these amendments fulfills the United States'
international obligation to the Wassenaar Arrangement on Export
Controls for Conventional Arms and Dual-Use Goods and Technologies. The
Wassenaar Arrangement contributes to international security and
regional stability by promoting greater responsibility in transfers of
conventional arms and dual use goods and technologies, thus preventing

destabilizing accumulations of such items. The Wassenaar Arrangement
consists of 40 member countries that act on a consensus basis and the
changes set forth in this rule implement agreements reached at the
December 2010 plenary session of the WA. Since the United States is a
significant exporter of the items in this rule, implementation of this
provision is necessary for the WA to achieve its purpose. Any delay in
implementation will create a disruption in the movement of affected
items globally because of disharmony between export control measures
implemented by WA members, resulting in tension between member
countries. Export controls work best when all countries implement the
same export controls in a timely manner. If this rulemaking was delayed
to allow for notice and comment, it would prevent the United States
from fulfilling its commitment to the WA in a timely manner and would
injure the credibility of the United States in this and other
multilateral regimes.
    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 2099, Washington, DC 20230.

List of Subjects

15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and
patents, Research Science and technology.

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.

    Accordingly, parts 734, 740, 742, 743, 772 and 774 of the Export
Administration Regulations (15 CFR parts 730-774) are amended as
follows:

PART 734--[AMENDED]

0
1. The authority citation for Part 734 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61
FR 54079, 3 CFR, 1996 Comp., p. 219; 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 12, 2010, 75 FR 50681 (August 16, 2010);
Notice of November 4, 2010, 75 FR 68673 (November 8, 2010).

Sec.  734.4  [Amended]

0
2. Section 734.4 is amended by:
0
a. Removing the phrase ``9E003.a.1 through a.8, a.10, h and i.''and
adding in its place ``9E003.a.1 through a.8,.h, .i., and .j.'' in
paragraph (a)(4); and
0
b. Removing the phrase ``5A002.a.1, .a.2, .a.5, or .a.6, .a.9, or
5D002,'' and adding in its place ``5A002.a.1, .a.2, .a.5, .a.6, .a.9,
.b, or 5D002,'' in the introductory text of paragraph (b)(1).

PART 740--[AMENDED]

0
3. The authority citation for Part 740 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 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 12, 2010, 75 FR 50681 (August 16, 2010).

0
4. Supplement No. 1 to section 740.11 is amended by:
0
a. Revising the introductory text to paragraph (a)(1);
0
b. Revising paragraphs (a)(1)(vi)(B) and (a)(1)(vii)(C);
0
c. Revising the introductory text to paragraph (b)(1); and
0
d. Revising paragraphs (b)(1)(vi)(B) and (b)(1)(vii)(C), to read as
follows:

Sec.  740.11  Governments, international organizations, international
inspections under the Chemical Weapons Convention, and International
Space Station (GOV).

* * * * *

SUPPLEMENT NO. 1 TO Sec.  740.11--ADDITIONAL RESTRICTIONS ON USE OF
LICENSE EXCEPTION GOV.

    (a) * * *
    (1) Items identified on the Commerce Control List as controlled for
national security (NS) reasons under Export Control Classification
Numbers (ECCNs) as follows for export or reexport to destinations other
than Austria, Belgium, Canada, Denmark, Finland, France, Germany,
Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain,
Sweden, or the United Kingdom: 1C001, 5A001.b.5, 5A001.h, 6A001.a.1.b.1
object detection and location systems, having a sound pressure level
exceeding 210 dB (reference 1 [micro]Pa at 1 m) and an operating
frequency in the band from 30 Hz to 2 kHz inclusive, 6A001.a.2.a.1,
6A001.a.2.a.2, 6A001.a.2.a.3, 6A001.a.2.a.5, 6A001.a.2.a.6,
6A001.a.2.b, 6A001.a.2.e, 6A002.a.1.c, 6A008.l.3, 6B008, 8A001.b,
8A001.d, 8A002.o.3.b; and
* * * * *
    (vi) * * *
    (B) Controlled by 5D001.a, specially designed for the
``development'' or ``production'' of equipment, functions or features
controlled by 5A001.b.5 and 5A001.h; and
* * * * *
    (vii) * * *
    (C) Controlled by 5E001.a for the ``development'' or ``production''
of digitally controlled radio receivers controlled by 5A001.b.5 and
radio frequency (RF) transmitting equipment controlled by 5A001.h; or
5D001.a for ``software'' specially designed for the ``development'' or
``production'' of digitally controlled radio receivers controlled by
5A001.b.5 and radio frequency (RF) transmitting equipment controlled by
5A001.h; and
* * * * *
    (b) * * *
    (1) Items identified on the Commerce Control List as controlled for
national security (NS) reasons under Export Control Classification
Numbers (ECCNs) as follows for export or reexport to destinations other
than Austria, Belgium, Canada, Denmark, Finland, France, Germany,
Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain,
Sweden, or the United Kingdom: 1C001, 5A001.b.5, 5A001.h, 6A001.a.1.b.1
object detection and location systems having 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 Hz to 2 kHz inclusive,
6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.3, 6A001.a.2.a.5,
6A001.a.2.a.6, 6A001.a.2.b, 6A001.a.2.e, 6A002.a.1.c, 6A008.l.3, 6B008,
8A001.b, 8A001.d, 8A002.o.3.b; and
* * * * *
    (vi) * * *

    (B) Controlled by 5D001.a, specially designed for the
``development'' or ``production'' of equipment, functions or features
controlled by 5A001.b.5 and 5A001.h; and
* * * * *
    (vii) * * *
    (C) Controlled by 5E001.a for the ``development'' or ``production''
of digitally controlled radio receivers controlled by 5A001.b.5 and
radio frequency (RF) transmitting equipment controlled by 5A001.h; or
5D001.a for ``software'' specially designed for the ``development'' or
``production'' of digitally controlled radio receivers controlled by
5A001.b.5 and radio frequency (RF) transmitting equipment controlled by
5A001.h; and
* * * * *

Sec.  740.17  [Amended]

0
5. Section 740.17 is amended by removing the phrase ``5A002.a.1, .a.2,
.a.5, .a.6, or .a.9'' and adding in its place ``5A002.a.1, .a.2, .a.5,
.a.6, .a.9, or .b'' in the introductory paragraph and paragraphs
(a)(1)(i), (a)(2), and (b)(1).

PART 742--[AMENDED]

0
6. The authority citation for Part 742 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; Sec 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 43
FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR,
1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination
2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August
12, 2010, 75 FR 50681 (August 16, 2010); Notice of November 4, 2010,
75 FR 68673 (November 8, 2010).

0
7. Section 742.14 is amended by revising paragraph (a) and the
introductory text to paragraph (b) to read as follows:

Sec.  742.14  Significant Items: Hot Section Technology for the
Development, Production or Overhaul of Commercial Aircraft Engines,
Components, and Systems.

    (a) License requirement. Licenses are required for all
destinations, except Canada, for ECCNs having an ``SI'' under the
``Reason for Control'' paragraph. These items include hot section
technology for the development, production or overhaul of commercial
aircraft engines controlled under ECCN 9E003.a.1 through a.8, .h,.i and
.j, and related controls.
    (b) Licensing policy. Pursuant to section 6 of the Export
Administration Act of 1979, as amended, foreign policy controls apply
to technology required for the development, production or overhaul of
commercial aircraft engines controlled by ECCN 9E003a.1 through a.8,
.h,.i, and .j, and related controls. These controls supplement the
national security controls that apply to these items. Applications for
export and reexport to all destinations will be reviewed on a case-by-
case basis to determine whether the export or reexport is consistent
with U.S. national security and foreign policy interests. The following
factors are among those that will be considered to determine what
action will be taken on license applications:
* * * * *

Sec.  742.15  [Amended]

0
8. Section 742.15 is amended by removing the phrase ``5A002.a.1, a.2,
a.5, a.6 and a.9; 5D002.a or c.1 for equipment controlled for EI
reasons in ECCN 5A002;'' and adding in its place ``5A002.a.1, .a.2,
.a.5, .a.6, .a.9, and .b; 5D002.a, .c.1 or .d for equipment and
``software'' controlled for EI reasons in ECCNs 5A002 or 5D002;'' in
paragraph (a)(1).

PART 743--[AMENDED]

0
9. The authority citations for Part 743 are revised 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
12, 2010, 75 FR 50681 (August 16, 2010).

0
10. Section 743.1 is amended by:
0
a. Revising the note to paragraph (c)(1)(ii) and paragraph (c)(1)(v),
the introductory text of paragraph (c)(1)(vi) and paragraph
(c)(1)(viii) as set forth below;
0
b. Removing and reserving paragraph (c)(1)(vii).

Sec.  743.1  Wassenaar Arrangement.

* * * * *
    (c) * * *
    (1) * * *
    (ii) * * *

    Note to paragraph (c)(1)(ii): Reports for 2D001, are for
``software'', other than that controlled by 2D002, specially
designed for the ``development'' or ``production'' of equipment as
follows:

    a. Equipment controlled by 2B001.a or .b (changing 6[mu]m to
5.1[mu]m in 2B001.a.1 and 2B001.b.1.a; and adding ``a positioning
accuracy with ``all compensations available'' equal to or less
(better) than 5.1[mu]m along any linear axis'' to the existing text
for 2B001.b.2)(See Technical Notes 5 and 6 to Product Group B in
Category 2 of the Commerce Control List for acceptable positioning
accuracy measurements.);
    b. Deep-hole-drilling machines controlled by 2B001.f.; or
    c. ``Numerically controlled'' or manual machine tools controlled
by 2B003.

    Reports for 2E001, are for ``technology'' according to the General
Technology Note for the ``development'' of ``software'' as described in
this paragraph for 2D001, or for equipment as follows:
    a. Equipment controlled by 2B001.a, .b (changing 6[mu]m to 5.1[mu]m
in 2B001.a.1 and 2B001.b.1.a; and adding ``a positioning accuracy with
``all compensations available'' equal to or less (better) than 5.1[mu]m
along any linear axis'' to the existing text for 2B001.b.2) (See
Technical Notes 5 and 6 to Product Group B in Category 2 of the
Commerce Control List for acceptable positioning accuracy
measurements.);
    b. Deep-hole-drilling machines controlled by 2B001.f.; or
    c. ``Numerically controlled'' or manual machine tools controlled by
2B003.
    Reports for 2E002, are for ``technology'' according to the General
Technology Note for the ``production'' of equipment as follows:
    a. Equipment controlled by 2B001.a or .b (changing 6[mu]m to
5.1[mu]m in 2B001.a.1 and 2B001.b.1.a; and adding ``a positioning
accuracy with ``all compensations available'' equal to or less (better)
than 5.1[mu]m along any linear axis'' to the existing text for
2B001.b.2)(See Technical Notes 5 and 6 to Product Group B in Category 2
of the Commerce Control List for acceptable positioning accuracy
measurements.);
    b. Deep-hole-drilling machines controlled by 2B001.f.; or
    c. ``Numerically controlled'' or manual machine tools controlled by
2B003.
* * * * *
    (v) Category 5: 5A001.b.3; 5B001.a (items specially designed for
5A001.b.3, b.5 or .h); 5D001.a (specially designed for the
``development'' or ``production'' of equipment, function, or features
in 5A001.b.3, b.5 or .h) 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, b.5 or .h 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
[micro]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.b; 6A004.c and d; 6A006.c.1; 6A008.d, .h, and
.k;
* * * * *

    (viii) Category 8: 8A001.c; 8A002.b (for 8A001.b, .c, .d), .h, .j,
.o.3, and .p; 8D001 (for commodities listed in this paragraph, as well
as 8A001.b, c, and d); 8D002; 8E001 (for commodities listed in this
paragraph, as well as 8A001.b, c and d); and 8E002.a; and
* * * * *

PART 772--[AMENDED]

0
11. The authority citation for Part 772 continues 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
12, 2010, 75 FR 50681 (August 16, 2010).

0
12. Section 772.1 is amended by:
0
a. Amend the definition for ``Civil aircraft'', by removing the
reference ``(Cat 1, 3, and 7)'' and by adding the reference ``(Cat 1,
3, 4, 7, and 9)'', in its place. ;
0
b. Adding in alphabetical order new definitions for ``cryptographic
activation'' and ``Radiant sensitivity'', and ``Tip shroud'' ; and
0
c. Revising the definition for the term ``frequency switching time'',
``frequency synthesizer'', ``information security'', and ``object
code'', to read as follows:

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

* * * * *
    ``Cryptographic activation'' (Cat 5P2) Any technique that activates
or enables cryptographic capability, via a secure mechanism that is
implemented by the manufacturer of the item and is uniquely bound to
the item or customer for which the cryptographic capability is being
activated or enabled (e.g., a serial number-based license key or an
authentication instrument such as a digitally signed certificate).
    Technical Note to definition of ``Cryptographic activation'':
``Cryptographic activation'' techniques and mechanisms may be
implemented as hardware, ``software'' or ``technology''.
* * * * *
    ``Frequency switching time''. (Cat 3 and 5)--The time (i.e.,
delay), taken by a signal, when switched from an initial specified
output frequency, to arrive at or within  0.05% of a final
specified output frequency. Items having a specified frequency range of
less than  0.05% around their centre frequency are defined
to be incapable of frequency switching.
    ``Frequency synthesizer''. (Cat 3)-- Any kind of frequency source,
regardless of the actual technique used, providing a multiplicity of
simultaneous or alternative output frequencies, from one or more
outputs, controlled by, derived from or disciplined by a lesser number
of standard (or master) frequencies.
* * * * *
    ``Information security''. (Cat 5)--All the means and functions
ensuring the accessibility, confidentiality or integrity of information
or communications, excluding the means and functions intended to
safeguard against malfunctions. This includes ``cryptography'',
``cryptographic activation'', ``cryptanalysis'', protection against
compromising emanations and computer security.
    Technical Note to definition of ``Information security'':
``Cryptanalysis'': the analysis of a cryptographic system or its inputs
and outputs to derive confidential variables or sensitive data,
including clear text. (ISO 7498-2-1988 (E), paragraph 3.3.18)
* * * * *
    ``Object code''. (or object language) (Cat 9)--An equipment
executable form of a convenient expression of one or more processes
(``source code'' (or source language)) that has been compiled by a
programming system. (See also ``source code'')
* * * * *
    ``Radiant sensitivity'' (Cat 6)--Radiant sensitivity (mA/W) = 0.807
x (wavelength in nm) x `Quantum Efficiency (QE)'

    Technical Note: `QE' is usually expressed as a percentage;
however, for the purposes of this formula `QE' is expressed as a
decimal number less than one, e.g., 78% is 0.78.

* * * * *
    ``Tip shroud'' (Cat 9)--A stationary ring component (solid or
segmented) attached to the inner surface of the engine turbine casing
or a feature at the outer tip of the turbine blade, which primarily
provides a gas seal between the stationary and rotating components.
* * * * *

PART 774--[AMENDED]

0
13. The authority citation for Part 774 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 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 12, 2010, 75 FR 50681 (August 16, 2010).

0
14. Supplement No. 1 to Part 774 (the Commerce Control List), Category
1 ``Special Materials and Related Equipment, Chemicals,
``Microorganisms,'' and ``Toxins'' '', ECCN 1A002, List of Items
Controlled section, Items paragraph is amended by:
0
a. Revising the introductory text to Notes 2 and 3 after paragraph b.2;
0
b. Adding a new Note 4;

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

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *

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

* * * * *

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

* * * * *

    Note 4:  1A002 does not apply to finished items specially
designed for a specific application.

0
15. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 ``Special Materials and Related Equipment, Chemicals,
``Microorganisms,'' and ``Toxins'' '', ECCN 1A004, List of Items
Controlled section the Items paragraph is amended by:
0
a. Revising the introductory text to paragraph .c;
0
b. Revising the Note that appears after Note 2 to paragraph 1A004.d, to
read as follows:

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

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    c. Detection systems, specially designed or modified for detection
or identification of any of the following, and specially designed
components therefor:
* * * * *
    d. * * *

    Note 2:  * * *

    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 or civil industries,
including:

    1. Mining;
    2. Quarrying;
    3. Agriculture;
    4. Pharmaceutical;
    5. Medical;
    6. Veterinary;
    7. Environmental;
    8. Waste management;
    9. Food industry.

* * * * *

0
16. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 ``Special Materials and Related Equipment, Chemicals,
``Microorganisms,'' and ``Toxins'' '', Export Control Classification
Number (ECCN) 1B001, List of Items Controlled section the Items
paragraph is amended by revising paragraph .c, including removing the
Note to paragraph .c, to read as follows:

1B001 Equipment for the production or inspection of ``composite''
structures or laminates controlled by 1A002 or ``fibrous or filamentary
materials'' controlled by 1C010, as follows (see List of Items
Controlled), and specially designed components and accessories
therefor.

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    c. Multidirectional, multidimensional weaving machines or
interlacing machines, including adapters and modification kits,
specially designed or modified for weaving, interlacing or braiding
fibers for ``composite'' structures;

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

* * * * *

0
17. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 ``Special Materials and Related Equipment, Chemicals,
``Microorganisms,'' and ``Toxins'' '', Export Control Classification
Number (ECCN) 1C003 is amended by removing the phrase ``initial
permeability'' and adding in its place ``initial relative
permeability'' in the Technical Note of paragraph .a in the Items
paragraph of the List of Items Controlled section.

0
18. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 ``Special Materials and Related Equipment, Chemicals,
``Microorganisms,'' and ``Toxins'' '', Export Control Classification
Number (ECCN) 1C006, List of Items Controlled section the Items
paragraph is amended by:
0
a. Revising paragraph .c, to read as follows; and
0
b. Removing paragraph .e;

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

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    c. Damping or flotation fluids having all of the following:
    c.1. Purity exceeding 99.8%;
    c.2. Containing less than 25 particles of 200 [mu]m or larger in
size per 100 ml; and
    c.3. Made from at least 85% of any of the following:
    c.3.a. Dibromotetrafluoroethane (CAS 25497 30-7, 124-73-2, 27336-
23- 8);
    c.3.b. Polychlorotrifluoroethylene (oily and waxy modifications
only); or
    c.3.c. Polybromotrifluoroethylene;
* * * * *

0
19. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 ``Special Materials and Related Equipment, Chemicals,
``Microorganisms,'' and ``Toxins'' '', ECCN 1C008, List of Items
Controlled section the Items paragraph is amended by:
0
a. Revising paragraphs .a and .b; and
0
b. Revising the Technical Note that appears after paragraph .f, to read
as follows:

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

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Imides as follows:
    a.1. Bismaleimides;
    a.2. Aromatic polyamide-imides (PAI) having a `glass transition
temperature (Tg)' exceeding 563 K (290[deg] C);
    a.3. Aromatic polyimides;
    a.4. Aromaticpolyetherimides 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 compounds:
    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 acids:
    b.2.a. Terephthalic acid (CAS 100-21-0);
    b.2.b. 6-hydroxy-2 naphthoic acid (CAS 16712-64-4); or
    b.2.c. 4-hydroxybenzoic acid (CAS 99-96-7);
* * * * *
    f. * * *

    Technical Note:  The `glass transition temperature
(Tg)' for 1C008 materials is determined using the method
described in ISO 11357-2 (1999) or national equivalents. In
addition, for 1C008.a.2 materials,`glass transition temperature
(Tg)' is determined on a PAI test specimen having
initially been cured at a minimum temperature of 310[deg] C for a
minimum of 15 minutes.

0
20. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 ``Special Materials and Related Equipment, Chemicals,
``Microorganisms,'' and ``Toxins'' '', ECCN 1C010, List of Items
Controlled section the Items paragraph is amended by revising Note 2
and the Technical Note of paragraph .e to read as follows:

1C010 ``Fibrous or filamentary materials'' as follows (see List of
Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    e. * * *

    Note 2:  1C010.e does not apply to:
    a. Epoxy resin ``matrix'' impregnated carbon ``fibrous or
filamentary materials'' (prepregs) for the repair of ``civil
aircraft'' structures or laminates, having all of the following:
    1. An area not exceeding 1 m\2\;
    2. A length not exceeding 2.5 m; and
    3. A width exceeding 15 mm;
    b. Fully or partially resin-impregnated or pitch-impregnated
mechanically chopped, milled or cut carbon ``fibrous or filamentary
materials'' 25.0 mm or less in length when using a resin or pitch
other than those specified by 1C008 or 1C009.b.

    Technical Note:  The `Dynamic Mechanical Analysis glass
transition temperature (DMA Tg)' for materials controlled
by 1C010.e is determined using the method described in ASTM D 7028-
07, or equivalent national standard, on a dry test specimen. In the
case of thermoset materials, degree of cure of a dry test specimen
shall be a minimum of 90% as defined by ASTM E 2160 04 or equivalent
national standard.

0
21. Supplement No. 1 to Part 774 (the Commerce Control List), Category
1 ``Special Materials and Related Equipment, Chemicals,
``Microorganisms,'' and ``Toxins'' '', ECCN 1C011, List of Items
Controlled section is amended by:
0
a. Revising the MT paragraph of the License Requirements section;
0
b. Adding paragraphs b and c to the Related Controls paragraph; and
0
c. Revising paragraph .b in the Items paragraph, to read as follows:

1C011 Metals and compounds, as follows (see List of Items Controlled).

License Requirements

* * * * *
    MT applies to 1C011.a and MT Column 1.b
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: (1.) See also 1C018 and 1C111. (2.) The following
are subject to the export licensing authority of the U.S. Department of
State, Directorate of Defense Trade Controls (see 22 CFR 121.1 Category
V): a) Materials controlled by 1C011.a, and metal fuels in particle
form, whether spherical, atomized, spheroidal, flaked or ground,
manufactured from material consisting of 99 percent or more of items
controlled by 1C011.b; and b) Metal powders mixed with other substances
to form a mixture formulated for military purposes.
    Related Definitions: * * *
    Items:
* * * * *
    b. Boron or boron alloys, with a particle size of 60 [mu]m or less,
as follows:
    b.1. Boron with a purity of 85% by weight or more;
    b.2. Boron alloys with a boron content of 85% by weight or more;

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

* * * * *

0
22. Supplement No. 1 to Part 774 (the Commerce Control List), Category
1 ``Special Materials and Related Equipment, Chemicals,
``Microorganisms,'' and ``Toxins'' '', ECCN 1C111, List of Items
Controlled section is amended by:
0
a. Adding a new note (3) in the Related Controls paragraph in the List
of Items Controlled section as set forth below; and
0
b. Removing paragraph .a.2.b in the Items paragraph of the List of
Items Controlled section.

1C111 Propellants and constituent chemicals for propellants, other than
those specified in 1C011, as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Related Controls: * * *
    (3) See 1C011.b for controls on boron and boron alloys.
* * * * *

0
23. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2 Materials Processing, ECCN 2A001 is amended by:
0
a. Revising the GBS and CIV paragraphs in the License Exceptions
section, to read as set forth below;
0
b. Revising paragraph .a in the Items Paragraph of the List of Items
Controlled, to read as set forth below; and
0
c. Removing and reserving paragraph .b in the Items Paragraph of the
List of Items Controlled.

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

* * * * *

License Exceptions

* * * * *
GBS: Yes, for 2A001.a,
    N/A for MT
CIV: Yes, for 2A001.a,
    N/A for MT

List of Items Controlled

* * * * *
    Items:
* * * * *
    a. Ball bearings and solid roller bearings, having all tolerances
specified by the manufacturer in accordance with ISO 492 Tolerance
Class 4 (or national equivalents), or better, and having both rings and
rolling elements (ISO 5593), made from monel or beryllium;

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

* * * * *

0
24. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2 Materials Processing, ECCN 2B001, List of Items Controlled
section the Items paragraph is amended by revising the introductory
text to paragraph .e.2 to read as follows:

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

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    e. * * *
    e.2. At least two rotary axes having all of the following:
* * * * *

0
25. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2 Materials Processing, ECCN 2B005, List of Items Controlled
section the Items paragraph is amended by revising the introductory
text to paragraph .g to read as follows:

2B005 Equipment specially designed for the deposition, processing and
in-process control of inorganic overlays, coatings and surface
modifications, as follows, for non-electronic substrates, by processes
shown in the Table and associated Notes following 2E003.f, and
specially designed automated handling, positioning, manipulation and
control components therefor.

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    g. Ion plating production equipment capable of in situ measurement
of any of the following:
* * * * *
0
26. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2 Materials Processing, ECCN 2B006, List of Items Controlled
section the Items paragraph is amended by:
0
a. Revising paragraph .a; and
0
b. Revising the Note that appears after .c, to read as follows:

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

License Requirements

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Computer controlled or ``numerically controlled'' Coordinate

Measuring Machines (CMM), having a three dimensional length
(volumetric) maximum permissible error of length measurement
(E0,MPE) at any point within the operating range of the
machine (i.e., within the length of axes) equal to or less (better)
than (1.7 + L/1,000) [mu]m (L is the measured length in mm) according
to ISO 10360-2 (2009);

    Technical Note:  The E0,MPE of the most accurate
configuration of the CMM specified by the manufacturer (e.g., best
of the following: Probe, stylus length, motion parameters,
environment) and with ``all compensations available'' shall be
compared to the 1.7 + L/1,000 [mu]m threshold.

* * * * *
    c. * * *

    Note:  2B006 includes machine tools, other than those specified
by 2B001, that can be used as measuring machines, if they meet or
exceed the criteria specified for the measuring machine function.

0
27. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3 Electronics, ECCN 3A001 is amended by:
0
a. Revising paragraph CIV in the License Exceptions section, as set
forth below;
0
b. Removing and reserving paragraph a.4 in the Items paragraph of the
List of Items Controlled section; and
0
c. Revising paragraphs a.5, .b.2, .b.3, b.4, and the introductory text
of b.11 in the Items paragraph of the List of Items Controlled section,
to read as follows:

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

* * * * *

License Exceptions

* * * * *
    CIV: Yes for 3A001.a.3, a.7, and a.11.

List of Items Controlled

* * * * *
    Items:
    a. * * *
    a.5. Analog-to-Digital Converter (ADC) and Digital-to-Analog
Converter (DAC) integrated circuits, as follows:
    a.5.a. ADCs having any of the following:
    a.5.a.1. A resolution of 8 bit or more, but less than 10 bit, with
an output rate greater than 500 million words per second;
    a.5.a.2 A resolution of 10 bit or more, but less than 12 bit, with
an output rate greater than 300 million words per second;
    a.5.a.3. A resolution of 12 bit with an output rate greater than
200 million words per second;
    a.5.a.4. A resolution of more than 12 bit but equal to or less than
14 bit with an output rate greater than 125 million words per second;
or
    a.5.a.5. A resolution of more than 14 bit with an output rate
greater than 20 million words per second;

    Technical Notes:
    1. A resolution of n bit corresponds to a quantization of 2\n\
levels.
    2. The number of bits in the output word is equal to the
resolution of the ADC.
    3. The output rate is the maximum output rate of the converter,
regardless of architecture or oversampling.
    4. For the `multiple channel ADCs', the outputs are not
aggregated and the output rate is the maximum output rate of any
single channel.
    5. For `interleaved ADCs' or for `multiple channel ADCs' that
are specified to have an interleaved mode of operation, the outputs
are aggregated and the output rate is the maximum combined total
output rate of all of the outputs.
    6. Vendors may also refer to the output rate as sampling rate,
conversion rate or throughput rate. It is often specified in
megahertz (MHz) or mega samples per second (MSPS).
    7. For the purpose of measuring output rate, one output word per
second is equivalent to one Hertz or one sample per second.
    8. `Multiple channel ADCs' are defined as devices which
integrate more than one ADC, designed so that each ADC has a
separate analog input.
    9. `Interleaved ADCs' are defined as devices which have multiple
ADC converter units that sample the same analog input at different
times such that when the outputs are aggregated, the analog input
has been effectively sampled and converted at a higher sampling
rate.

    a.5.b. Digital-to-Analog Converters (DAC) having any of the
following:
    a.5.b.1. A resolution of 10 bit or more with an `adjusted update
rate' of 3,500 MSPS or greater; or
    a.5.b.2. A resolution of 12-bit or more with an `adjusted update
rate' of equal to or greater than 1,250 MSPS and having any of the
following:
    a.5.b.2.a. A settling time less than 9 ns to 0.024% of full scale
from a full scale step; or
    a.5.b.2.b. A `Spurious Free Dynamic Range' (SFDR) greater than 68
dBc (carrier) when synthesizing a full scale analog signal of 100 MHz
or the highest full scale analog signal frequency specified below 100
MHz.

    Technical Notes:
    1. `Spurious Free Dynamic Range' (SFDR) is defined as the ratio
of the RMS value of the carrier frequency (maximum signal component)
at the input of the DAC to the RMS value of the next largest noise
or harmonic distortion component at its output.
    2. SFDR is determined directly from the specification table or
from the characterization plots of SFDR versus frequency.
    3. A signal is defined to be full scale when its amplitude is
greater than -3 dBfs (full scale).
    4. `Adjusted update rate' for DACs is:
    a. For conventional (non-interpolating) DACs, the `adjusted
update rate' is the rate at which the digital signal is converted to
an analog signal and the output analog values are changed by the
DAC.For DACs where the interpolation mode may be bypassed
(interpolation factor of one), the DAC should be considered as a
conventional (non-interpolating) DAC.
    b. For interpolating DACs (oversampling DACs), the `adjusted
update rate' is defined as the DAC update rate divided by the
smallest interpolating factor. For interpolating DACs, the `adjusted
update rate' may be referred to by different terms including:
     Input data rate
     Input word rate
     Input sample rate
     Maximum total input bus rate
     Maximum DAC clock rate for DAC clock input.

* * * * *
    b. * * *
    b.2. Microwave ``Monolithic Integrated Circuits'' (MMIC) power
amplifiers having any of the following:
    b.2.a. Rated for operation at frequencies exceeding 3.2 GHz up to
and including 6.8 GHz and with an average output power greater than 4W
(36 dBm) with a ``fractional bandwidth'' greater than 15%;
    b.2.b. Rated for operation at frequencies exceeding 6.8 GHz up to
and including 16 GHz and with an average output power greater than 1W
(30 dBm) with a ``fractional bandwidth'' greater than 10%;
    b.2.c. Rated for operation at frequencies exceeding 16 GHz up to
and including 31.8 GHz and with an average output power greater than
0.8W (29 dBm) with a ``fractional bandwidth'' greater than 10%;
    b.2.d. Rated for operation at frequencies exceeding 31.8 GHz up to
and including 37.5 GHz and with an average output power greater than
0.1 nW;
    b.2.e. Rated for operation at frequencies exceeding 37.5 GHz up to
and including 43.5 GHz and with an average output power greater than
0.25W (24 dBm) with a ``fractional bandwidth'' greater than 10%; or
    b.2.f. Rated for operation at frequencies exceeding 43.5 GHzand
with an average output power greater than 0.1 nW.

    Note 1: [RESERVED]

    Note 2: The control status of the MMIC whose rated operating
frequency includes frequencies listed in more than one

frequency range, as defined by 3A001.b.2.a through 3A001.b.2.f, is
determined by the lowest average output power control threshold.

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

    b.3. Discrete microwave transistors having any of the following:
    b.3.a. Rated for operation at frequencies exceeding 3.2 GHz up to
and including 6.8 GHz and having an average output power greater than
60W (47.8 dBm);
    b.3.b. Rated for operation at frequencies exceeding 6.8 GHz up to
and including 31.8 GHz and having an average output power greater than
20W (43 dBm);
    b.3.c. Rated for operation at frequencies exceeding 31.8 GHz up to
and including 37.5 GHz and having an average output power greater than
0.5W (27 dBm);
    b.3.d. Rated for operation at frequencies exceeding 37.5 GHz up to
and including 43.5 GHz and having an average output power greater than
1W (30 dBm); or
    b.3.e. Rated for operation at frequencies exceeding 43.5 GHz and
with an average output power greater than 0.1 nW;

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

    b.4. Microwave solid state amplifiers and microwave assemblies/
modules containing microwave solid state amplifiers, having any of the
following:
    b.4.a. Rated for operation at frequencies exceeding 3.2 GHz up to
and including 6.8 GHz and with an average output power greater than 60W
(47.8 dBm) with a ``fractional bandwidth'' greater than 15%;
    b.4.b. Rated for operation at frequencies exceeding 6.8 GHz up to
and including 31.8 GHz and with an average output power greater than
15W (42 dBm) with a ``fractional bandwidth'' greater than 10%;
    b.4.c. Rated for operation at frequencies exceeding 31.8 GHz up to
and including 37.5 GHz and with an average output power greater than
0.1 nW;
    b.4.d. Rated for operation at frequencies exceeding 37.5 GHz up to
and including 43.5 GHz and with an average output power greater than 1W
(30 dBm) with a ``fractional bandwidth'' greater than 10%;
    b.4.e. Rated for operation at frequencies exceeding 43.5 GHz and
with an average output power greater than 0.1 nW; or
    b.4.f. Rated for operation at frequencies above 3.2 GHz and all of
the following:
    b.4.f.1. An average output power (in watts), P, greater than 150
divided by the maximum operating frequency (in GHz) squared [P > 150
W*GHz\2\/fGHz\2\];
    b.4.f.2. A ``fractional bandwidth'' of 5% or greater; and
    b.4.f.3. Any two sides perpendicular to one another with length d
(in cm) equal to or less than 15 divided by the lowest operating
frequency in GHz [d <= 15 cm*GHz/fGHz];

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

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

    Note 1: [RESERVED]

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

* * * * *
    b.11. ``Frequency synthesizer'' ``electronic assemblies'' having a
``frequency switching time'' as specified by any of the following:
* * * * *

0
28. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3 Electronics, ECCN 3A002, List of Items Controlled section
the Items paragraph is amended by revising paragraphs .c and .d to read
as follows:

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

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    c. Radio-frequency ``signal analyzers'' as follows:
    c.1. ``Signal analyzers'' having a 3 dB resolution bandwidth (RBW)
exceeding 10 MHz anywhere within the frequency range exceeding 31.8 GHz
but not exceeding 37.5 GHz;
    c.2. ``Signal analyzers'' having Displayed Average Noise Level
(DANL) less (better) than -150 dBm/Hz anywhere within the frequency
range exceeding 43.5 GHz but not exceeding 70 GHz;
    c.3. ``Signal analysers''having a frequency exceeding 70 GHz;
    c.4. ``Dynamic signal analyzers'' having a ``real-time bandwidth''
exceeding 40 MHz;

    Note: 3A002.c.4 does not control those ``dynamic signal
analyzers'' using only constant percentage bandwidth filters (also
known as octave or fractional octave filters).

    d. Frequency synthesized signal generators producing output
frequencies, the accuracy and short term and long term stability of
which are controlled, derived from or disciplined by the internal
master reference oscillator, and having any of the following:
    d.1. Specified to generate a `pulse duration' of less than 100 ns
anywhere within the synthesized frequency range exceeding 31.8 GHz but
not exceeding 70 GHz;
    d.2. An output power exceeding 100 mW (20 dBm) anywhere within the
synthesized frequency range exceeding 43.5 GHz but not exceeding 70
GHz;
    d.3. A ``frequency switching time'' as specified by any of the
following:
    d.3.a. Less than 312 ps;
    d.3.b. Less than 100 [mu]s for any frequency change exceeding 1.6
GHz within the synthesized frequency range exceeding 3.2 GHz but not
exceeding 10.6 GHz;
    d.3.c. Less than 250 [mu]s for any frequency change exceeding 550
MHz within the synthesized frequency range exceeding 10.6 GHz but not
exceeding 31.8 GHz;
    d.3.d. Less than 500 [mu]s for any frequency change exceeding 550
MHz within the synthesized frequency range exceeding 31.8 GHz but not
exceeding 43.5 GHz;
    d.3.e. Less than 1 ms for any frequency change exceeding 550 MHz
within the synthesized frequency range exceeding 43.5 GHz but not
exceeding 56 GHz; or
    d.3.f. Less than 1 ms for any frequency change exceeding 2.2 GHz
within the synthesized frequency range exceeding 56 GHz but not
exceeding 70 GHz;
    d.4. At synthesized frequencies exceeding 3.2 GHz but not exceeding
70 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
    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; or

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

    d.5. A maximum synthesized frequency exceeding 70 GHz;

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

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

    Technical Notes: 1. Arbitrary waveform and function generators
are normally specified by sample rate (e.g., GSample/s), which is
converted to the RF domain by the Nyquist factor of two. Thus, a 1
GSample/s arbitrary waveform has a direct output capability of 500
MHz. Or, when oversampling is used, the maximum direct output
capability is proportionately lower.

    2. For the purposes of 3A002.d.1, 'pulse duration' is defined as
the time interval between the leading edge of the pulse achieving
90% of the peak and the trailing edge of the pulse achieving 10% of
the peak.
* * * * *

0
29. Supplement No. 1 to Part 774 (the Commerce Control List), Category
3 Electronics, ECCN 3A991 is amended by revising paragraph .c in the
Items paragraph of the List of Items Controlled section to read as
follows:

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

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    c. Analog-to-digital converters having any of the following:
    c.1. A resolution of 8 bit or more, but less than 12 bit, with an
output rate greater than 200 million words per second;
    c.2. A resolution of 12 bit with an output rate greater than 105
million words per second;
    c.3. A resolution of more than 12 bit but equal to or less than 14
bit withan output rate greater than 10 million words per second; or
    c.4. A resolution of more than 14 bit with an output rate greater
than 2.5 million words per second.
* * * * *

0
30. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3 Electronics, ECCN 3B001, List of Items Controlled section
the Items paragraph is amended by revising paragraphs .d.1, .d.2,
.f.1.b, and .f.2, 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:
* * * * *
    d. * * *
    d.1. Equipment with cassette-to-cassette operation and load-locks,
and designed according to the manufacturer's specifications or
optimized for use in the production of semiconductor devices with
critical dimensions of 65 nm or less;
    d.2. Equipment specially designed for equipment controlled by
3B001.e. and designed according to the manufacturer's specifications or
optimized for use in the production of semiconductor devices with
critical dimensions of 65 nm or less;
* * * * *
    f. * * *
    f.1. * * *
    f.1.b. Capable of producing a pattern with a ``Minimum Resolvable
Feature size'' (MRF) of 95 nm or less;

    Technical Note: The `Minimum Resolvable Feature size' (MRF) is
calculated by the following formula:

[GRAPHIC] [TIFF OMITTED] TR20MY11.062

where the K factor = 0.35

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

    Note: 3B001.f.2 includes:

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

0
31. Supplement No. 1 to Part 774 (the Commerce Control List), Category
3Electronics, ECCN 3C001 is amended by removing the text in the Related
Definitions paragraph of the List of Items Controlled section and
adding in its place ``N/A''.

0
32. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3 Electronics, ECCN 3E001, List of Items Controlled section
the Items paragraph is amended by revising Note 2 to read as follows:

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

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *

    Note 2: 3E001 does not control ``technology'' for the
``development'' or ``production'' of integrated circuits controlled
by 3A001.a.3 to a.12, having all of the following:
    (a) Using ``technology'' at or above 0.130 [micro]m; and
    (b) Incorporating multi-layer structures with three or fewer
metal layers.

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

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

* * * * *

List of Items Controlled

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

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

    a.2. Radiation hardened to exceed any of the following
specifications:
    a.2.a. A total dose of 5 x 10\3\ Gy (Si);
    a.2.b. A dose rate upset of 5 x 10\6\ Gy (Si)/s; or
    a.2.c. Single Event Upset of 1 x 10\-8\ Error/bit/day;

    Note:  4A001.a.2 does not apply to computers specially designed
for ``civil aircraft'' applications.

    b. [RESERVED]

0
34. Supplement No. 1 to Part 774 (the Commerce Control List), Category
5 Telecommunications and ``Information Security'', Part I
Telecommunications is amended by:
0
a. Removing the reference ``N.B.'' and adding in its place ``N.B.1.''
at the beginning of Category 5--Part I; and
0
b. Adding a new Nota Bene (N.B.) to read as follows:

CATEGORY 5--TELECOMMUNICATIONS AND ``INFORMATION SECURITY''

PART I. TELECOMMUNICATIONS

    Notes:
    1. * * *
    N.B.1.: For ``lasers'' specially designed for telecommunications
equipment or systems, see ECCN 6A005.
    N.B.2.: See also Category 5, Part 2 for equipment, components,
and ``software'' performing or incorporating ``information
security'' functions.

* * * * *

0
35. Supplement No. 1 to Part 774 (the Commerce Control List), Category
5 Telecommunications and ``Information Security'', Part I
Telecommunications, ECCN 5A001 is amended by:
0
a. Revising the License Requirements section;
0
b. Revising the License Exceptions section;
0
c. Removing paragraphs c.1 and c.2, and adding in their place a new
paragraph .cin the Items paragraph of the List of Items Controlled
section, as set forth below; and
0
d. Revising paragraph.h in 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, .e, and .h........  NS Column 1.
NS applies to 5A001.b, .c, .d, .f, and .g  NS Column 2.
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, and h; $5000 for 5A001b.1, b.2, b.3,
b.6, d, f, and g; $3000 for 5A001.c.
    GBS: Yes, except 5A001.a, b.5, e, and h.
    CIV: Yes, except 5A001.a, b.3, b.5, e, and h.

List of Items Controlled

* * * * *
    Items:
* * * * *
    c. Optical fibers of more than 500 m in length and specified by the
manufacturer as being capable of withstanding a 'proof test' tensile
stress of 2 x 10\9\ N/m\2\ or more;
    N.B.: For underwater umbilical cables, see 8A002.a.3.

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

* * * * *
    h. Radio Frequency (RF) transmitting equipment designed or modified
for prematurely activating or preventing the initiation of Improvised
Explosive Devices (IEDs).
    N.B.: See also ECCN 5A001.f and 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 Telecommunications and ``Information Security'', Part I
Telecommunications, ECCN 5D001 is amended by revising the License
Exceptions section to read as follows:

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

* * * * *

License Exceptions

    CIV: Yes, except for ``software'' controlled by 5D001.a and
specially designed for the ``development'' or ``production'' of items
controlled by 5A001.b.5 and 5A001.h.
    TSR: Yes, except for exports and reexports to destinations outside
of Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece,
Ireland, Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain,
Sweden, or the United Kingdom of ``software'' controlled by 5D001.a and
specially designed for items controlled by 5A001.b.5 and 5A001.h.
* * * * *

0
37. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 5 Telecommunications and ``Information Security'', Part I
Telecommunications, ECCN 5E001 is amended by:
0
a. Revising the License Exceptions section;
0
b. Revising paragraphs .b.4, .d.1, and .d.2in the Items paragraph of
the List of Items Controlled section, to read as follows:

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

* * * * *

License Exceptions

    CIV: N/A.
    TSR: Yes, except for exports or reexports to destinations outside
of Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece,
Ireland, Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain,
Sweden, or the United Kingdom of ``technology'' controlled by 5E001.a
for the ``development'' or ``production'' of the following:
    (1) Items controlled by 5A001.b.5 or 5A001.h; or
    (2) ``Software'' controlled by 5D001.a that is specially designed
for the ``development'' or ``production'' of equipment, functions or
features controlled by 5A001.b.5 or 5A001.h.

List of Items Controlled

* * * * *
    Items:
* * * * *
    b.4. ``Technology'' for the ``development'' of ``spread spectrum''
techniques, including ``frequency hopping'' techniques.

    Note:  5E001.b.4 does not apply to ``technology'' for the
``development'' of civil cellular radio-communications systems.

* * * * *
    d. * * *
    d.1. Rated for operation at frequencies exceeding 3.2 GHz up to and
including 6.8 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 6.8 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%;
* * * * *

0
38. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 5 Part II--Telecommunications And ``Information Security'',
ECCN 5A002 is amended by:
0
c. Revising the EI paragraph in the License Requirements section, as
set forth below;
0
d. Revising Note 1 in the Related Controls paragraph of the List of
Items Controlled section as set forth below;
0
e. Replacing a period with a semicolon in paragraph (a)(2) of the Note
at the beginning of the Items paragraph of the List of Items Controlled
section;
0
f. Removing ``or'' from the end of paragraph .g in the Note at the
beginning of the Items paragraph of the List of Items Controlled
section;
0
e. Removing the period at the end of paragraph .i and adding in its
place ``; or'' in the Note at the beginning of the Items paragraph of
the List of Items Controlled section;
0
f. Adding a new paragraph .j in the Note at the beginning of the Items
paragraph of the List of Items Controlled section as set forth below;
0
g. Adding a new paragraph .b in the Items paragraph of the List of
Items Controlled section to read as follows:

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

* * * * *
    EI applies to 5A002.a.1, .a.2, .a.5, .a.6, .a.9 and .b. Refer to
Sec.  742.15 of the EAR.

 List of Items Controlled

* * * * *
    Related Controls: (1) 5A002 does not control the commodities listed
in paragraphs (a), (d), (e), (f), (g), (i) and (j) in the Note in the
items paragraph of this entry. These commodities are instead classified
under ECCN5A992, and related software and technology are classified
under ECCNs 5D992 and 5E992 respectively. * * *
* * * * *
    Items:

    Note:  * * *
    (j) Equipment, having no functionality specified by 5A002.a.2,
5A002.a.4, 5A002.a.7, or 5A002.a.8, where all cryptographic
capability specified by 5A002.a meets any of the following:
    1. It cannot be used; or
    2. It can only be made useable by means of ``cryptographic
activation''.
    N.B.: See 5A002.a for equipment that has undergone
``cryptographic activation''.

* * * * *
    b. Systems, equipment, application specific ``electronic
assemblies'', modules and integrated circuits, designed or modified to
enable an item to achieve or exceed the controlled performance levels
for functionality specified by 5A002.a that would not otherwise be
enabled.

0
39. Supplement No. 1 to Part 774 (the Commerce Control List), Category
5 Part II ``Information Security'', ECCN 5D002 is amended by:
0
a. Removing the phrase ``5D002.a or c.1'' and adding in its place
``5D002.a,.c.1, or .d'' in the EI paragraph of the License Requirements
section; and
0
b. Adding a new paragraph .d to 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:
* * * * *
    d. ``Software'' designed or modified to enable an item to achieve
or exceed the controlled performance levels for functionality specified
by 5A002.a that would not otherwise be enabled.

0
40. Supplement No. 1 to Part 774 (the Commerce Control List), Category
5 Part II ``Information Security'', ECCN 5E002 is amended by:
0
a. Revising the Heading and the Items paragraph, as set forth below;
and
0
b. Removing the phrase ``ECCNs 5A002 or 5D002.a or 5D002.c'' and adding
in its place ``ECCNs 5A002 or 5D002'' in the EI paragraph and in the
License Requirement Note of the License Requirements section.

5E002 ``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'' of equipment controlled by
5A002 or 5B002 or ``software'' controlled by 5D002.a or 5D002.c.
    b. ``Technology'' to enable an item to achieve or exceed the
controlled performance levels for functionality specified by 5A002.a
that would not otherwise be enabled.

0
41. Supplement No. 1 to Part 774 (the Commerce Control List), Category
6--Sensors and ``Lasers'', ECCN 6A001 is amended by:
0
a. Revising the License Exceptions section;
0
b. Revising paragraph .a.1.a and the introductory text to paragraph
.a.2 in the Items paragraph of the List of Items Controlled section;
0
c. Adding a new Note to paragraph .a.2 that appears after .a.2.fin the
Items paragraph of the List of Items Controlled section; and
0
d. Removing and reserving paragraph .c and adding a Nota Bene (N.B.) to
paragraph .cin the Items paragraph of the List of Items Controlled
section, to read as follows:

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

* * * * *

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 [mu]Pa at 1 m) for equipment with
an operating frequency in the band from 30 kHz to 2 kHz inclusive;
6A001.a.1.e, 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.
    GBS: Yes for 6A001.a.1.b.4.
    CIV: Yes for 6A001.a.1.b.4.

List of Items Controlled

* * * * *
    Items:
    a. * * *
    a.1. * * *
    a.1.a. Acoustic seabed survey equipment as follows:
    a.1.a.1. Surface vessel survey equipment designed for sea bed
topographic mapping and having all of the following:

    a.1.a.1.a. Designed to take measurements at an angle exceeding
20[ordm] from the vertical;
    a.1.a.1.b. Designed to measure seabed topography at seabed depths
exceeding 600 m;
    a.1.a.1.c.`Sounding resolution' less than 2; and
    a.1.a.1.d. `Enhancement' of the depth accuracy through compensation
for all the following:
    a.1.a.1.d.1. Motion of the acoustic sensor;
    a.1.a.1.d.2. In-water propagation from sensor to the seabed and
back; and
    a.1.a.1.d.3. Sound speed at the sensor;

    Technical Notes: 1. `Sounding resolution' is the swath width
(degrees) divided by the maximum number of soundings per swath.
    2. `Enhancement' includes the ability to compensate by external
means.

    a.1.a.2. Underwater survey equipment designed for seabed
topographic mapping and having all of the following:
    a.1.a.2.a. Designed or modified to operate at depths exceeding 300
m; and
    a.1.a.2.b. `Sounding rate' greater than 3,800;

    Technical Note:
    `Sounding rate' is the product of the maximum speed (m/s) at
which the sensor can operate and the maximum number of soundings per
swath.

    a.1.a.3. Side Scan Sonar (SSS) or Synthetic Aperture Sonar (SAS),
designed for seabed imaging and having all of the following:
    a.1.a.3.a. Designed or modified to operate at depths exceeding 500
m; and
    a.1.a.3.b. An `area coverage rate' of greater than 570 m\2\/s while
operating with both an `along track resolution' and `across track
resolution' of less than 15 cm.

    Technical Notes: 1. `Area coverage rate' (m\2\/s) is twice the
product of the maximum sonar range (m) and the maximum speed (m/s)
at which the sensor can operate.
    2. `Along track resolution' (cm), for SSS only, is the product
of azimuth (horizontal) beamwidth (degrees) and maximum sonar range
(m) and 0.873.
    3. `Across track resolution' (cm) is 75 divided by the signal
bandwidth (kHz).

* * * * *
    a.2. Passive systems, equipment and specially designed components
therefor, as follows:
* * * * *

    Note:  6A001.a.2 also applies to receiving equipment, whether or
not related in normal application to separate active equipment, and
specially designed components therefor.

* * * * *
    N.B.: For diver deterrent acoustic systems, see 8A002.r.

0
42. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 6--Sensors and ``Lasers'', ECCN 6A002, List of Items
Controlled section the Items paragraph is amended by adding a new Note
to paragraph .d.3, to read as follows:

6A002 Optical sensors.

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    d. * * *
    d.3. * * *

    Note: 6A002.d.3 does not apply to encapsulated optical sensing
fibers specially designed for bore hole sensing applications.

* * * * *

0
43. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 6 Sensors and ``Lasers'', ECCN 6A003, License of Items
Controlled section the Items paragraph is amended by revising the last
Technical Note in paragraph .b.4 to read as follows:

6A003 Cameras.

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    b.4. * * *

    Note 3:  * * *

    b. * * *
    4. * * *

    Technical Note:
    Instantaneous Field of View (IFOV) specified in Note 3.b is the
lesser figure of the Horizontal IFOV or the Vertical IFOV.
    Horizontal IFOV = horizontal Field of View (FOV)/number of
horizontal detector elements
    Vertical IFOV= vertical Field of View (FOV)/number of vertical
detector elements.

* * * * *

0
44. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 6 Sensors and ``Lasers'', ECCN 6A005, List of Items Controlled
section the Items paragraph is amended by:
0
a. Adding a new Note to paragraph .c.1;
0
b. Removing the period at the end of paragraph .f.4 and adding in its
place a semi-colon;
0
c. Adding a new paragraph .g, 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:
* * * * *
    c.1. * * *

    Note:  6A005.c.1 does not apply to dye lasers or other liquid
lasers, having a multimode output and a wavelength of 150 nm or more
but not exceeding 600 nm and all of the following:
    1. Output energy less than 1.5 J per pulse or a ``peak power''
less than 20 W; and
    2. Average or CW output power less than 20 W.

* * * * *
    f. * * *
    f.4. Projection telescopes specially designed for use with ``SHPL''
systems;
    g. ``Laser acoustic detection equipment'' having all of the
following:
    g.1. CW laser output power greater than or equal to 20 mW;
    g.2. Laser frequency stability equal to or better (less) than 10
MHz;
    g.3. Laser wavelengths equal to or exceeding 1,000 nm but not
exceeding 2,000 nm;
    g.4. Optical system resolution better (less) than 1 nm; and
    g.5. Optical Signal to Noise ratio equal or exceeding to 10\3\.

    Technical Note: ``Laser acoustic detection equipment'' is