[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Rules and Regulations]
[Pages 37371-37395]
[FR Doc No: 2013-14644]

Vol. 78

Thursday,

No. 119

June 20, 2013

Part IV

Department of Commerce

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Bureau of Industry and Security

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15 CFR Parts 738, 740, 742 et al.

Wassenaar Arrangement 2012 Plenary Agreements Implementation: Commerce
Control List, Definitions, and Reports; Final Rule

Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules
and Regulations

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 738, 740, 742, 743, 746, 752, 770, 772, and 774

[Docket No. 121207691-3383-02]
RIN 0694-AF83

Wassenaar Arrangement 2012 Plenary Agreements Implementation:
Commerce Control List, Definitions, and 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 its Export Administration Regulations (EAR), the Commerce Control
List (CCL), which identifies certain of the items subject to Department
of Commerce jurisdiction. 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 2012 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. This rule
harmonizes the CCL with the changes made to the WA List at the Plenary
by revising ECCNs controlled for national security reasons in each
category of the CCL, except category 8, as well as amending the General
Software Note, WA reporting requirements, and definitions section in
the EAR. BIS is adding unilateral controls to the CCL for specific
software and technology for aviation control systems, which the WA
agreements removed from the WA List, i.e., EAR national security
controls.

DATES: This rule is effective: June 20, 2013.

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 email:
<EMAIL_ADDRESS>    For technical questions contact:

Categories 1 & 2: Michael Rithmire at<PHONE_NUMBER>.
Category 3: Brian Baker at<PHONE_NUMBER>.
Categories 4 & 5: ITCD staff<PHONE_NUMBER>.
Category 6 (optics): Chris Costanzo at<PHONE_NUMBER>.
Category 6 (lasers): Mark Jaso at<PHONE_NUMBER>.
Category 6 (sensors and cameras): John Varesi<PHONE_NUMBER>.
Category 7: Jaymi Love<PHONE_NUMBER>.
Category 9: Daniel Squire<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    The Wassenaar Arrangement (WA) on Export Controls for Conventional
Arms and Dual-Use Goods and Technologies is a group of 41 like-minded
states committed to promoting responsibility and transparency in the
global arms trade, and preventing destabilizing accumulations of arms.
As a Participating State, the United States has committed to
controlling for export all items on the WA control lists. The lists
were first established in 1996 and have been revised annually
thereafter. Proposals for changes to the WA control lists that achieve
consensus are approved by Participating States at annual December
Plenary meetings. Participating States are charged with implementing
the agreed list changes as soon as possible after approval.
Implementation of WA list changes ensures U.S. companies have a level
playing field with their competitors in other WA member states.

Revisions to the Commerce Control List

    Out of the 37 Export Control Classification Numbers (ECCNs)
included in this rule, the following 28 ECCNs on the Commerce Control
List (CCL) are revised to implement the changes to the Wassenaar List
of Dual-Use Goods and Technologies agreed to at the December 2012 WA
Plenary meeting: ECCNs 1A004, 1C001, 2B001, 2B006, 2D001, 2D002, 3A001,
3A002, 3B001, 3C002, 4D001, 5A001, 5B001, 5E001, 5A002, 5E002, 6A001,
6A002, 6A005, 6C004, 6C005, 7A001, 7D003, 7E001, 7E004, 9A001, 9A018
and 9E003; and the following two (2) ECCNs, 2D003 and 7D004, are added
to the CCL to implement the changes to the Wassenaar List of Dual-Use
Goods and Technologies agreed to at the December 2012 WA Plenary
meeting.
    Corresponding changes related to the movement of 5A001.i to
5A001.f.1 are made to ECCNs 5A980, 5D001, 5D980, 5E001and 5E980.
    This rule also makes additions to 0D521 and 0E521 for ``source
code'' for the ``development'' of fly-by-wire control systems and
``technology'' for fly-by-wire control systems, see 7D004 for
explanation.

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

1A004 (Protective and Detection Equipment and Components)

    In the introductory paragraph .a of the Items paragraph in the List
of Items Controlled section, ``Gas masks'' is replaced by ``Full face
masks'' and a Technical Note is added to explain that ``for the purpose
of 1A004.a, full face masks are also known as gas masks.'' The masks
controlled in 1A004.a protect against more than just gases and the term
gas masks has been replaced by full face masks in manufacture data
sheets. This change in terminology does not change the scope of the
control.
    In the Note at the end of the Items paragraph in the List of Items
Controlled section, paragraph .b is amended by replacing ``Equipment''
with ``Occupational health or safety equipment'' to clarify the scope
of the exclusion Note.

1C001 (Materials Specially Designed for Use as Absorbers of
Electromagnetic Waves, or Intrinsically Conductive Polymers)

    Paragraph 1C001.b (Piezoelectric polymers and copolymers) of the
Items paragraph in the List of Items Controlled section is amended by
adding an exclusion Note for materials, specially designed or
formulated for laser marking of polymers; or laser welding of polymers,
because these materials are not used in military applications.
    Paragraph 1C001.c (Seals, gaskets, valve seats, bladders or
diaphragms) of the Items paragraph in the List of Items Controlled
section is amended by adding an exclusion Note for 1C001.c materials in
liquid form, because the liquid form is not used in military
applications but is used in commercial applications to make a
transparent conductive layer. It is also used, for example, in the
liquid crystal panel of televisions, personal computers, and other such
commercial commodities.

Category 2--Materials Processing

2B001 (Machine Tools)

    The Header is amended to remove the phrase ``and specially designed
components'' to harmonize with the changes to 2B001.f.
    The Unit paragraph of the List of Items Controlled section is
amended by removing the phrase ``components in $ value'' to harmonize
with the changes in 2B001.f. Amendments to the Items

paragraph of the List of Items controlled section in 2B001 are as
follows.
    The exclusion Note 2 to 2B001 is amended by correcting the spelling
of jewelry in paragraph .d and adding paragraph .e for dental
prostheses.
    2B001.a (Machine tools for turning) is amended by revising the
positioning accuracy in 2B001.a.1 from 4.5 [micro]m to 3.0 [micro]m and
moving the phrase ``according to ISO 230/2 (2006)'' within that
paragraph, and adding the phrase ``or national equivalents'' to
harmonize with WA agreed text.
    2B001.b (Machine tools for milling) is amended by revising the
positioning accuracy in 2B001.b.1.a from 4.5 [micro]m to 3.0 [micro]m
and moving the phrase ``according to ISO 230/2 (2006)'' within that
paragraph, and adding the phrase ``or national equivalents'' to
harmonize with WA agreed text.
    2B001.b.2 (Five or more axes machine tools for milling) is amended
by adding three paragraphs b.2.a, b.2.b and b.2.c with combinations of
positioning accuracy and travel length parameters: equal to or less
than 3.0 [micro]m/less than 1m, equal to or less than 4.5 [micro]m/
greater than 1m and less than 2 m, and equal to or less than 4.5 +
7x(L-2) [micro]m (L is the travel length in meters)/equal to or greater
than 2m, respectively. In addition, this rule moves the phrase
``according to ISO 230/2 (2006)'' within b.2.b and b.2.c, and adds the
phrase ``or national equivalents'' to harmonize with WA agreed text. A
Note is added after b.2 to point people to 2B001.b.2.d for parallel
mechanism machine tools.
    2B001.b.2.d is added to clarify that 2B001 controls five or more
axes machine tools for milling that are also `parallel mechanism
machine tools.' A Technical Note accompanying this paragraph explains
that a `parallel mechanism machine tool' is a machine tool having
multiple rods, which are linked with a platform and actuators; each of
the actuators operates the respective rod simultaneously and
independently.
    2B001.b.3 is amended by moving the phrase ``according to ISO 230/
2(2006)'' in this paragraph and replacing ``along any linear axis''
with ``along one or more linear axis'' to clarify the control text.
This rule also adds the phrase ``or national equivalents'' to harmonize
with WA agreed text.
    2B001.b.4.b is amended by replacing the period with a semi-colon to
correct the punctuation.
    2B001.f (Deep-hole-drilling machines and turning machines) is
amended by removing the phrase ``and specially designed components
therefor,'' because components for these machines are general and not
specially designed.

2B006 (Dimensional Inspection or Measuring Systems, Equipment, and
``Electronic Assemblies'')

    2B006.b.1 (`Linear displacement' measuring instruments) is amended
by adding a Note to reference 2B006.b.1.c for controls on displacement
measuring ``laser'' interferometers.
    2B006.c (Equipment for measuring surface roughness (including
surface defects)) is amended by replacing ``irregularities'' with
``roughness (including surface defects)'' and removing the phrase ``as
a function of angle.'' This change will clarify the scope of controls
to integrate some of the expanded abilities of measuring equipment.

2D001 (``Software'' for ``Development'' and ``Production'' for Listed
Category 2 Equipment)

    The Header is simplified, because a more detailed description of
controlled software is now in the Items paragraph of the List of Items
Controlled section.
    The Items paragraph is amended by adding two paragraphs that split
the controls that were previously in the Header, which separates
``use'' from ``development'' or ``production'' software in order to
move 2B002 ``use'' software from 2D001 to the new 2D003. Paragraph .a
controls ``development'' or ``production'' of equipment controlled by
2A001 or 2B001 to 2B009. Paragraph .b narrows the scope for ``use'' to
equipment specified by 2A001.c, 2B001, or 2B003 to 2B009, which
excludes most of 2A001 and all of 2B002 (Numerically controlled optical
finishing machine tools equipped for selective material removal * *
*.).
    A Note is added to exclude ``part programming ``software'' that
generates ``numerical control'' codes for machining various parts''
from 2D001 controls, because this software cannot directly operate the
Computer Numeric Controller (CNC) equipment.

2D002 (``Software'' for Electronic Devices, Even When Residing in an
Electronic Device or System, Enabling Such Devices or Systems To
Function as a ``Numerical Control'' Unit, Capable of Coordinating
Simultaneously More Than 4 Axes for ``Contouring Control'')

    Note 1 is amended by replacing the word ``controlled'' with
``specified'' to harmonize with the WA list and clarify the meaning of
the Note.
    Note 2 is amended by replacing the word ``controlled'' with
``specified'' in two places to harmonize with the WA list and clarify
the meaning of the Note. Also, a reference to 2D003 is added.
    Note 3 is added to exclude ``software'' for the minimum necessary
operation of machine tools not specified by Category 2 when such
``software'' is exported with the machine tools.

2D003 (``Software'', Designed or Modified for the Operation Of
Equipment Specified by 2B002, That Converts Optical Design, Workpiece
Measurements and Material Removal Functions Into ``Numerical Control''
Commands To Achieve the Desired Workpiece Form)

    ECCN 2D003 is added to control the ``use'' software for 2B002
optical finishing machines, which is critical to the function of 2B002
machines. This ECCN is controlled for national security (NS2) and for
anti-terrorism (AT1--Cuba, Iran, N. Korea, Syria and Sudan) reasons;
see Supplement No. 1 to part 738 of the EAR. License Exception TSR is
available to countries in Country Group B (see Supp. No. 1 to Part
740), see Sec.  740.6 of the EAR.

Category 3--Electronics

3A001 (Electronic Components and Specially Designed Components
Therefor) and 3A002 (General Purpose Electronic Equipment and
Accessories Therefor)

    3A001.a.7 (Field programmable logic devices) is amended by this
rule. Paragraph a.7.a is revised by replacing ``digital input/outputs''
with ``single-ended digital input/outputs,'' which narrows the scope of
control. The level of control is amended by revising the maximum number
of single-ended digital input/outputs from ``greater than 200'' to
``500 or greater'' to reflect the advances made in recent years to
Field Programmable Gate Array (FPGA) devices and to remove controls on
older devices.
    Paragraph a.7.b parameter ``system gate count'' is changed to ``an
`aggregate one-way peak serial transceiver data rate' or 200 Gb/s or
greater'' to remove the arbitrary and problematic metric of system
gates as a control parameter and replace it with a more modern and
meaningful metric for FPGAs with embedded transceiver circuitry.
    A Technical Note is added to define `Aggregate one-way peak serial
transceiver data rate,' which is the product of the peak serial one-way
transceiver data rate times the number of transceivers on the FPGA.
    3A001.b.2 (Microwave ``Monolithic Integrated Circuits'' (MMIC)
power amplifiers) is amended by adding -70 dBm as an equivalent output
power parameter to 0.1 nW in paragraph b.2.d, for consistency.
    The frequency of 37.5 is changed to 37 GHz in paragraphs b.2.d and
b.2.e.

For many years, controls on microwave components have used 37.5 GHz as
the frequency breakpoint between military and civilian applications. In
fact, the proper breakpoint is 37 GHz, as per the ETSI EN 300 197
standard.
    Paragraph b.2.e is amended by removing the fractional bandwidth
parameter, because a fractional bandwidth as large as 10%, within a
band that is only 16% wide, is illogical. To compensate, this rule
increases the output power parameter from 0.25 W (24 dBm) to 1.0 W (30
dBm) to align with state-of-the-art output power in this frequency
range.
    Paragraph b.2.f is amended by adding a ceiling to the operation
frequency of 75 GHz, which is the top of the V band to align with
waveguide bands. The average output power parameter is raised from 0.1
nW to 31.62 mW (15 dBm) with a ``fractional bandwidth'' greater than
10%, which aligns with the 15 dBm output power control threshold for
network analyzers in 3A002.e.1.
    Two new parameter paragraphs are added for MMIC power amplifiers
controlled under b.2.g and b.2.h to add two new frequency ranges to
align with the 90 GHz top of the E band-WR-12 waveguide upper limit.
Paragraph b.2.g controls MMIC power amplifiers rated for operation at
frequencies exceeding 75 GHz up to and including 90 GHz with an average
output power greater than 10 mW (10 dBm) with a ``fractional
bandwidth'' greater than 5%. Paragraph b.2.h controls MMIC power
amplifiers rated for operation at frequencies exceeding 90 GHz and with
an average output power greater than 0.1 nW (-70 dBm).
    3A001.b.4 (Microwave solid state amplifiers and microwave
assemblies/modules containing microwave solid state amplifiers) is
amended by adding ``either'' to paragraph b.4.f.3 to eliminate an
ambiguity in the current text. The Technical Note below this paragraph
is corrected to harmonize with the WA list. Note 3 is added to clarify
that 3A001.b.4 includes transmit/receive modules and transmit modules.
    3A001.b.10 (Oscillators or oscillator assemblies) and 3A002.d.4
(signal generators) are amended by replacing the word ``for'' with
``anywhere within the range of'' in b.10.a, b.10.b, 3A002.d.4.a and
d.4.b to clarify that oscillators or oscillator assemblies and signal
generators, respectively, are controlled if it meets the parameters at
any point within the selected ranges.
    3A001.b.11 (``Frequency synthesizer'' ``electronic assemblies'') is
amended by revising the ``frequency switching time'' in paragraph
b.11.a from 312 ps to 156 ps. The frequency switching time threshold of
3A001.b.11.a is the inverse of the lower frequency control threshold
(current, 312 ps = 1/3.2 GHz). The new threshold is 156 ps = 1/6.4 GHz.
This would retain control on Digital to Analog Converter (DAC)-based
synthesizer assemblies having sample rate exceeding 16 GSa/s (frequency
is calculated by dividing sample rate by 2.5).
    Paragraphs 3A001.b.11.b and 3A002.d.3.b are amended by revising the
low-frequency threshold from 3.2 GHz to 4.8 GHz to accommodate the
802.11ac (Very High Throughput--VHT) amendment. The 802.11ac standard
uses wider bandwidths for higher throughputs and data rates to address
several uses, including wireless displays for in-home distribution of
High Definition Television (HDTV).
    Paragraphs 3A001.b.11.f, b.11.g, 3A002.c.2, c.3, d.1, d.2, d.3.f,
d.4.a, d.4.b, d.5, e.1, and e.2, are amended by raising the high-
frequency limit from 70 GHz to 75 GHz, which corresponds to the top of
the V-band (waveguide). Aligning the specified frequency to standard
waveguide frequency breakpoints makes this parameter more relevant to
national security concerns.
    3A002.c.4 is amended by revising the Heading from ``Dynamic signal
analyzers'' to ``Signal analyzers'' and cascading the control
parameters to clarify the controls.
    Paragraph c.4.a is amended by removing ``a'' and revising the
``real-time bandwidth'' from ``40 MHz'' to ``85 MHz'' to update the
control level. The definition for ``real-time bandwidth'' is also
updated in Part 772 of the EAR to better define the concept of gap-free
analysis of the input data, and to assure that the scope of control
remains specific and focused, which is also the reason for adding
paragraph c.4.b that adds a gap and windowing effect aspect to the
control.
    The Note to 3A002.c.4 is amended by changing ``dynamic signal
analyzers'' to ``signal analyzers'' for clarity.
    Technical Notes are added for 3A002.c.4.b to explain probability of
discovery, also known as probability of intercept or probability of
capture.
    3A002.c.5 is added to add a new control parameter for ``frequency
mask trigger,'' which provides the capability to capture sporadic
transient RF signals within other closely spaced RF signals. A
definition for ``frequency mask trigger'' is added to Part 772 in
relation to this new paragraph.
    3A002.d.3.a (``frequency switching time'' less than 312 ps) is
removed as a parameter for frequency synthesized signal generators,
because extension of the 802.11 standard for consumer wireless products
in the frequency range 5-6 GHz has rendered the existing control
threshold obsolete.
    3A002.e (Network analyzers) is amended by adding ``An'' to the
beginning of paragraph e.1 for consistency and correct grammar. This
rule also removes the ``or'' at the end of the paragraph, because two
additional paragraphs are added to cover frequency ranges up to 110
GHz. This change makes it clear that 110 GHz is the normal max
frequency for 1.00 mm coaxial microwave connectors. A Technical Note is
also added to define `Nonlinear vector measurement functionality,'
which is a term used in paragraph e.3. Paragraph e.4 (former paragraph
e.2) is amended by revising the maximum operating frequency from 70 GHz
to 110 GHz.
    3A002.f (Microwave test receivers) is amended by revising the
maximum frequency control threshold of 3A002.f .1 from 70 GHz to 110
GHz, to align with 3A002.e, because of the similarity between 3A002.e
network analyzers and 3A002.f microwave test receivers.

3B001 (Equipment for the Manufacturing of Semiconductor Devices or
Materials)

    3B001.a.2 (Metal Organic Chemical Vapor Deposition (MOCVD)
reactors) is amended by simplifying the control text to clarify that
MOCVD systems used to produce nitride based devices are within the
scope of control.
    3B001.b (Equipment designed for ion implantation) is amended by
removing and reserving paragraph b.1 (beam energy (accelerating votage)
exceeding 1 MeV), which controlled ion implant systems used for the
manufacture of memory integrated circuits (Example: FLASH NAND). This
technology is ubiquitous and equivalent tools are readily obtained
globally.
    Paragraph b.2 is amended by raising the beam energy parameter and
specification of the implant materials, which assures only equipment
used in the production of radiation hardened ICs is captured.
    Paragraphs b.3 and b.4 are amended by moving the ``or'' from the
end of b.3 to the end of b.4, because a new paragraph b.5 is added.
    Paragraph b.5 is added to control equipment using channeled silicon
ion beams in heated equipment.
    3A001.h (Multi-layer masks with phase shift layer not specified by
3B001.g) is amended by adding two new parameters. Paragraph h.1
specifies glass birefringence of the mask (less than 7 nm/cm), which
delineates phase shift masks that are used for defining geometries
consistent with the

lithography control. Paragraph h.2 specifies the light source
wavelength of the lithography equipment (less than 245 nm), to control
only phase shift masks that are consistent with the lithography control
of 245nm wavelength source. This revision will control phase shift
masks that are used for emerging Extreme Ultra-Violet (EUV)
lithography. The addition of the phrase ``not specified by 3B001.g'' to
the introductory text in 3A001.h resolves the possible ``double
coverage'' between 3B001.g and 3B001.h.

3C002 (Resist Materials and ``Substrates'' Coated With Specified
Resists)

    License Exceptions GBS and CIV paragraphs are revised to read,
``Yes for 3C002.a provided they are not also controlled by 3C002.b
through .e'', to be more accurate and concise.
    Paragraph 3C002.a (Resists designed for semiconductor lithography)
is amended by cascading the parameter paragraphs and adding a new
paragraph a.2. Paragraph a.1 now controls positive resists adjusted
(optimized) for use at wavelengths equal to or greater than 15 nm, but
less than 245 nm. Paragraph a.2 controls resists adjusted (optimized)
for use at wavelengths greater than 1 nm, but less than 15 nm. These
revisions are made to be more specific about the controls.
    Paragraph 3C002.c (All resists designed for use with X-rays, with a
sensitivity of 2.5 J/mm\2\ or better) is removed and reserved, because
these resists are not used for the fabrication of semiconductor
devices.
    Paragraph 3C002.d (All resists optimized for surface imaging
technologies) is amended by removing the reference to silylated
resists, as well as the definition for silylation techniques in the
Related Definition paragraph of the List of Items Controlled section,
because it was determined that it is not necessary to specifically call
out silylated resists.

Category 4--Computers

4D001 ``Software''

    4D001.a is amended by deleting the term ``use,'' because no ``use''
software of concern could be identified for this entry, and by removing
4A002 from the scope of control, because it was removed in 2004.

Category 5 Part 1--``Telecommunications''

5A001 (Telecommunications Systems, Equipment, Components and
Accessories)

    The License Requirement section is amended by removing 5A001.i from
NS2 and SL controls, because items previously controlled under
paragraph .i are moved to paragraph .f.1 Paragraph .f.1 is already
controlled under NS2. Paragraph f.1 is added to the SL control
paragraph.
    The License Requirement Notes paragraph is amended by replacing the
reference to 5A001.i with 5A001.f.1.
    License Exception LVS eligibility paragraph is amended by revising
reference to paragraph .f to read f.2, f.3, f.4 in order to narrow the
scope, because the interception equipment in 5A001.f.1 is too sensitive
to receive License Exception LVS eligibility.
    5A001.f (Mobile telecommunications jamming equipment) is amended by
adding ``interception or'' in order to expand the scope of control to
all mobile telecommunications jamming and interception equipment that
is of national security concern, as well as equipment that monitors the
network to detect jamming and interception that is of national security
concern. 5A001.i was combined with the former 5A001.f as a
clarification because interception and jamming are often interrelated
functions. 5A001.f.1 (Interception equipment designed for the
extraction of voice or data, transmitted over the air interface) is
moved from 5A001.i and license requirements are not changed.
    5A001.f.2 (interception equipment not specified in 5A001.f.1) is
designed to control equipment that captures and processes the air
interface (e.g., the air link between a handset and a base station,
over which voice/data and metadata are transmitted) in order to extract
client device or subscriber indicators (such as IMSI, TIMSI, IMEI),
signalling or other metadata contained therein, but not without also
processing the voice or data channels contained therein. Licenses are
required for countries listed in NS2 and AT1 of the Commerce Country
Chart in Supplement No. 1 to part 738 of the EAR.
    5A001.f.3 (Jamming equipment) was the former 5A001.f and license
requirements are not changed.
    5A001.f.4 (Radio Frequency (RF) monitoring equipment designed or
modified to identify the operation of items specified in 5A001.f.1,
f.2, or f.3) is added to control passive counter surveillance tools.
Licenses are required for countries listed in NS2 and AT1 of the
Commerce Country Chart in Supplement No. 1 to part 738 of the EAR.
    Regarding certain types of equipment that are not controlled by
5A001.f, the term `interception equipment' excludes equipment used to
operate or test the network (e.g., devices which measure signal
strength, and do not require the signal's contents to be decoded,
demodulated, or recorded, are not considered `interception equipment'),
and also readily available radio monitoring equipment for analog
communications found in, for example, taxi-cab radios and home police
scanners. The Note is amended to also generally exclude equipment
designed for mobile telecommunications network operators, designed for
the ``development'' or ``production of mobile telecommunications
equipment or systems, or specially designed for the interception of
analog Private Mobile Radio (PMR), IEEE 802.11 WLAN.
    Nota Bene (NB) 1 is amended by removing the text ``For GNSS jamming
equipment,'' and adding the text ``For items specified by 5A001.f.1
(including as previously specified by 5A001.i), see also 5A980 and U.S.
Munitions List (22 CFR 121)'', because 5A001.f is expanded and there
may be some related equipment in the International Traffic in Arms
Regulations (ITAR) (22 CFR Parts 120-130) that should be considered
when classifying this type of equipment.
    A Nota Bene (NB) 2 is added to reference 5A001.b.5 for radio
receivers in order to clarify that 5A001.f does not apply to radio
receivers.
    5A001.h (Counter Improvised Explosive Device (IED) equipment and
related equipment) is amended by adding a new paragraph h.2 to control
equipment using techniques designed to enable radio communications in
the same frequency channels on which co-located equipment specified by
5A001.h.1 is transmitting.
    The Nota Bene (NB) is amended by removing the phrase ``ECCN 5A001.f
and,'' because that reference now appears in 5A001.h.1.
    5A001.i is reserved and the items are moved to 5A001.f.1, as
explained above. To harmonize with this move, seventeen (17) references
to 5A001.i are changed to 5A001.f.1 in Sec.  738.3(a)(1) (Commerce
Country Chart structure--ECCNs that require a license to all
destinations), six (6) references are changed in Sec.  740.2(a)(3)
(Restrictions on all license exceptions), five (5) references are
changed in Sec.  742.13 (a)(1) (License requirements for communications
intercepting devices * * *), six (6) references are changed in Sec.
746.7(a)(1) (Iran license requirements), and six (6)

references are changed in Sec.  752.3(a)(7) (Special Comprehensive
License ineligible items).
    The Nota Bene (NB) of 5A001.i is amended to reference 5A001.f.1 for
items previously specified by 5A001.i.
    5A980 (Devices primarily useful for the surreptitious interception
of wire, oral, or electronic communications) is amended to replace the
reference to 5A001.i with 5A001.f.1 in the Heading and the Related
Controls paragraph of the List of Items Controlled section. The
structure of the List of Items Controlled section is corrected by
adding the Unit paragraph, adding the Related Controls Header to the
Related Controls paragraph, and adding the Related Definitions
paragraph.

5B001 (Telecommunication Test, Inspection and Production Equipment,
Components and Accessories)

    The License Exception STA eligibility paragraph is amended by
removing ``use,'' because ``use'' was removed from control in 5B001.a.
    5B001.a. is amended to delete ``or use'' as no ``use'' software of
concern could be identified for this entry.
    The Note to 5B001.a was amended to replace ``control'' with ``apply
to'' to conform with Wassenaar.

5D001 (``Software'')

    The SL control paragraph in the License Requirements section is
amended by replacing the reference to 5A001.i with 5A001.f.1, because
that equipment was moved in 5A001.
    The License Requirements Notes paragraph in the License
Requirements section is amended by replacing three references to
5A001.i with 5A001.f.1, because that equipment was moved in 5A001.

5D980 (Other ``Software'', Other Than That Controlled by 5D001* * *)

    The Header is amended by replacing the reference to 5A001.i with
5A001.f.1, because that equipment was moved in 5A001.
    The Related Control paragraph in the List of Items Controlled
section is amended by replacing three references to 5A001.i with
5A001.f.1, because that equipment was moved in 5A001.

5E001 (``Technology'')

    The SL control paragraph in the License Requirements section is
amended by replacing the reference to 5A001.i with 5A001.f.1, because
that equipment was moved in 5A001.
    The License Requirements Notes paragraph in the License
Requirements section is amended by replacing two references to 5A001.i
with 5A001.f.1, because that equipment was moved in 5A001.
    5E001.d (``Technology'' * * * for the ``development'' or
``production'' of Microwave Monolithic Integrated Circuit (MMIC) power
amplifiers specially designed for telecommunications) is amended by
revising paragraphs 5E001.d.4, d.5, and d.6, as well as adding new
paragraphs 5E001.d.7 and d.8, to mirror the revision made to 3A001.b.2
(explained above).

5E980 (``Technology'', other than that controlled by 5E001.a * * *)

    The Header is amended by replacing two references to 5A001.i with
5A001.f.1, because that equipment was moved in 5A001.
    The Related Control paragraph in the List of Items Controlled
section is amended by replacing five references to 5A001.i with
5A001.f.1, because that equipment was moved in 5A001.

Category 5 Part 2--``Information Security''

    The Cryptography Note (Note 3 to Category 5 Part 2 (Cat 5P2)) is
changed in two ways. It is reformatted in order to add a new paragraph
.b, and a new Note to the Cryptography Note is added to help industry
better understand how the existing `mass market' provisions and
requirements of the Cryptography Note (i.e., new paragraph a.) are
applied.
    Regarding the new paragraph b., this new paragraph provides that
ECCN 5A002 and 5D002 do not control certain hardware components of
existing items described in paragraph a. of the Note. While certain
components of ``mass market'' products described in paragraph a. to
Note 3 are themselves sold or distributed through ``mass market''
channels and are therefore decontrolled under paragraph a., other
comparable components for ``mass market'' items are not separately sold
to the public via retail channels. New paragraph b. removes ECCN 5A002
and 5D002 controls from hardware components that are factory-installed
into a mass marketed product, and from functionally equivalent
aftermarket replacements of Original Equipment Manufacturer (OEM)
components--components that are identical in form, fit and function to
the OEM components, with certain restrictions as follows.
    First, paragraph b. is limited to hardware components for existing
items described in paragraph a. of Note 3 and to hardware components
that have been designed for those existing items. Paragraph b. does not
apply to a component that is designed for a brand new type of item that
has never been sold before, or that has not previously had
cryptographic functionality. Instead, the end-product must first be
established as a `mass market' product before its components may
qualify for paragraph b.
    Second, paragraph b.1. excludes components whose primary function
or set of functions is ``information security.'' Therefore,
cryptographic co-processors, cryptographic libraries/modules, Trusted
Platform Modules (TPMs), and components that provide an open
cryptographic interface are not eligible for decontrol under paragraph
b.
    Third, paragraph b.2. excludes components that could introduce new
cryptographic functionality or enhance existing cryptographic
functionality into an array of products, if such functionality does not
already exist in the `mass market.' Components that provide enhanced or
additional cryptographic functionality to an existing `mass market'
product are not decontrolled under paragraph b. This exclusion applies
to both `standard add-on accessories'--additions to `mass market'
products that impart new features--and to `tailored add-on
accessories'--additions to `mass market' products that transform the
product into a non-consumer type item (e.g., tailored for network
operators, security operators, police/military/intelligence, etc.)
    Paragraph b.3 excludes components that provide custom/substitute
cryptography or made-to-order customizations (e.g., tailored form/fit/
function) but no algorithm changes. The requirements set forth in
Section 742.15(b) for mass market components also apply to the hardware
components eligible for decontrol under new paragraph b. to Note 3.
    Paragraph b.4. states that details of the component and end-item
must be available to BIS when necessary. BIS does not intend to change
the scope of any of the reporting requirements under License Exception
ENC. In particular, BIS does not intend to require exporters to collect
any more information on the products that a component is going into
than is currently required under the EAR.
    In adding this new paragraph b. to the Cryptography Note (Cat 5P2
Note 3) in the existing provisions of Cat 5P2, Note 3 become new
paragraph a.
    In terms of how these existing `mass market' provisions are
applied, paragraph 1 of the new Note to the Cryptography Note provides
guidance on what it means for an item to be considered `mass market'
and `generally available to the public'. This Note paragraph 1 makes it
clear that in order

to meet the `mass market' provisions of Cat 5P2 Note 3 paragraph a.,
the item must be of potential interest to a wide range of individuals
and businesses, and potential customers do not need to specifically
consult with a vendor or supplier to learn how much the item costs or
what its main functional specifications are.
    Paragraph 2. of the Note to the Cryptography Note also makes clear
that in determining whether an item meets the `mass market'
qualifications of Note 3 paragraph a., relevant factors such as
quantity, price, required technical skill, existing sales channels,
typical customers, typical use, or any exclusionary practices of the
supplier may be taken into account, in addition to other possible
considerations.
    The purpose of this new Note to the Cryptography Note is not to
change the existing scope of control of the Cryptography Note, but to
make current practices of interpretation more clear to the public.
    Although the control text only mentions hardware components, the
decontrol also applies to software components that are specially
designed for a particular hardware component that has already been
released from control.
    For a component that meets new paragraph b. of the Cryptography
Note 3 in Category 5 Part 2 of the Commerce Control List (Supplement
No. 1 to part 774) that has previously been classified under ECCN 5A002
pursuant to Sec.  740.17(b)(3), a new classification by BIS (i.e., a
request for a CCATS) is not required to make the component eligible for
mass market treatment under Sec.  742.15(b)(3) and reclassified under
ECCN 5A992. However, a reclassified component must be included in a
self-classification report submitted to BIS and the ENC Encryption
Request Coordinator no later than February 1 following the calendar
year in which it is first exported or reexported as a mass market item
(see Sec.  742.15(c) for complete instructions on submitting encryption
self-classification reports).

5A002 (``Information Security'' Systems, Equipment and Components
Therefor)

    The Related Controls paragraph in the List of Items Controlled
Section is amended by redesignating paragraphs (1) and (2) as (2) and
(3), and adding a new paragraph (1) to specify that 5A002.a controls
``components'' providing the means or functions necessary for
``information security.'' All such ``components'' are presumptively
``specially designed'' and controlled within 5A002.a. Therefore, no
analysis of the definition of ``specially designed'' is needed. BIS is
making this change to clarify that no changes are made to how the U.S.
Government currently interprets the scope of 5A002.a as a result of the
implementation of the newly revised definition of ``specially
designed.''
    On June 19, 2012 (77 FR 36419), BIS published the advanced notice
of proposed rulemaking (ANPRM) entitled ``Feasibility of Enumerating
``Specially Designed'' Components.'' In that ANPRM, BIS requested
public comments to identify where on the CCL it was possible to replace
the term ``specially designed'' with other control criteria. Category
5, Part 2 was identified by one commenter as a good candidate for
enumerating ``components'' that warrant control. This commenter
supported making 5A002.a into a positive list of ``components''
controlled for ``information security.'' The commenter indicated 5A002
is already more of an enumerated control versus a catch-all control and
therefore the term ``specially designed'' was not needed. This new Note
to paragraph a. is responsive to that comment and also consistent with
the larger Export Control Reform (ECR) Initiative objective of making
the CCL more ``positive.''
    The addition of Note 1 to the Related Controls paragraph of 5A002
does not change the scope of the ECCN, but rather is limited to adding
an explanatory note regarding the scope of ``components'' controlled
under 5A002.a. Currently, the U.S. Government is working on a regime
proposal to the Wassenaar Arrangement that would replace the term
``specially designed'' in 5A002.a with ``providing the means or
functions necessary.'' This work is being undertaken by the U.S.
Government to better reflect the intent of this control on
``components'' under 5A002.a and to better reflect how the U.S.
Government currently interprets the scope of this control on
``components'' under 5A002.a.
    The Note g. to the Items paragraph is also amended by replacing the
reference to paragraphs .b to e. of the Cryptography Note (Note 3 in
Category 5--Part 2) with paragraphs a.2. to a.5. of the Cryptography
Note in order to harmonize with the changes made to the Cryptography
Note.
    The Note to the Items paragraph is amended by adding the phrase
``or not exceeding 100 meters according to the manufacturer's
specifications for equipment that cannot interconnect with more than
seven devices'' to the end of paragraph i. to raise the range, because
there are many products on the market today that exceed this
limitation. This revision will only decontrol such equipment that
cannot interconnect with more than seven (7) devices (e.g., Bluetooth).
If a type of Wireless Personal Area Network (WPAN) equipment can
interconnect with more than seven devices, it continues to only be
released by 5A002 Note i. if its nominal operating range does not
exceed 30 meters.
    In addition, the definition of ``personal area network,'' found in
Part 772 of the EAR, is updated to account for this range increase in
paragraph i. of the Note.
    5A002.a.1 is amended by adding the phrase ``or execution of copy-
protected ``software'' to the exclusion list in paragraph a.1, as well
as Technical Note 1, to clarify that such items are still excluded from
control. Prior to June 25, 2010, products with cryptographic
functionality limited to copy protection (and other digital rights
management (DRM) functionality) were originally decontrolled by
decontrol Note c. to 5A002. When Note 4 to Category 5, Part 2 (Cat 5P2)
was implemented on June 25, 2010, paragraph c. of the decontrol note to
5A002 was removed and a pointer (Nota Bene) to Cat 5P2 Note 4 was added
to make clear that this decontrol was subsumed into Cat 5P2 Note 4.
However, since then, exporters have been confused about how copy
protection falls under Note 4. To make it clear that copy protection is
not controlled in 5A002, this rule adds the phrase ``or execution of
copy-protected software'' into the exclusion note. This does not change
the scope of what is decontrolled, as Note 4 in Cat 5P2 remains
unchanged and in full effect. By application of Note 4 in Cat 5P2
(especially paragraph a.3, regarding digital rights management (DRM)),
copy protection and other DRM functionality is excluded from
classification under Cat 5P2, even if the copy protection scheme (or
other DRM) uses ``cryptography.'' Moreover, copy protection
functionality is not specified for control in any CCL Category.
Accordingly, EAR99 software with addition of cryptographic
functionality limited to copy protection remains classified as EAR99.
    A Note to 5A002.a.2 is added to clarify that 5A002.a.2 includes
systems or equipment, designed or modified to perform cryptanalysis by
means of reverse engineering.
    5A002.a.7 (Non-cryptographic information and communications
technology (ICT) security systems and devices) is amended by replacing
the phrase ``evaluated to an assurance level exceeding'' with ``that
have been

evaluated and certified by a national authority to exceed'' in order to
clarify that the intent is to control only those items which have been
evaluated against the applicable criteria and have subsequently
received a certification from a national security authority attesting
that the items exceed class EAL-6 (evaluation assurance level) of the
Common Criteria (CC) or equivalent.
    5A992 (Equipment not controlled by 5A002) is amended by adding a
Note to paragraph .b of the Items paragraph in the List of Items
Controlled section. The Note is added to clarify that 5A992 does not
control products with cryptographic functionality limited to copy
protection.
    5E002 (``Technology'') is amended by adding a Note to clarify that
``5E002 includes ``information security'' technical data resulting from
procedures carried out to evaluate or determine the implementation of
functions, features or techniques specified in Category 5, Part 2''.
The purpose of this Note is to clarify two things. First, that existing
5E002 controls on ``technology'' includes ``information security''
technical data that may be revealed or conveyed by the security
evaluation of a product (e.g., for government or commercial
certification purposes). Second, this Note is added to clarify that
reverse engineering can be viewed as a form of product evaluation;
consequently, 5E002 includes reverse engineering data and reports that
detail the implementation of controlled ``information security''
functions, features or techniques by an item.

Category 6--Sensors and Lasers

6A001 (Acoustic Systems, Equipment and Components)

    6A001.a.1.a.2 (Underwater survey equipment designed for seabed
topographic mapping) is amended by replacing ``all'' with ``any'' and
cascading the parameters in order to add a new control for additional
survey equipment identified in 6A001.a.1.a.2.b. Note that the
parameters for the previously controlled survey equipment, now in
6A001.a.1.a.2.a, remain unchanged.
    6A001.a.1.a.2.b is added to control underwater survey equipment not
specified by 6A001.a.1.a.2.a. A new Technical Note is added that states
acoustic sensor pressure rating determines the depth rating in
6A001.a.1.a.2. Additionally, the existing Technical Note defining
`sounding rate' is modified to specify 100% coverage.
    6A001.a.1.a.3 (Side Scan Sonar (SSS) or Synthetic Aperture Sonar
(SAS), designed for seabed imaging) is amended by adding an `along
track resolution' parameter to a revised a.1.a.3.b and moving the
`across track resolution' parameter in paragraph a.1.a.3.b to new
paragraph a.1.a.3.c. Editorial revisions are made to the Technical
Notes as well.
    6A002 (Optical Sensors or Equipment And Components Therefor) is
amended by replacing the periods with semi-colons at the end of
paragraphs a.3.a.2.b, a.3.b.2.b, a.3.g.3 and c.3 in the Items paragraph
of the List of Items Controlled section to correct the punctuation. In
addition, 6A002.a.3.d.2.b is amended by removing ``(SPRITE),'' because
the SPRITE is no longer in production and the performance of the
detector and the sensors it was integrated into has been surpassed by
more modern Focal Plane Array (FPA) developments. The word ``detector''
is added before element. ``Element'' is made plural. Capital letters
PR, I, T and E, are all replaced by lower case letters.

6A005 (``Lasers'' (Other Than Those Described in 0B001.g.5 or .h.6),
Components and Optical Equipment)

    Paragraphs a.2, a.3, b.2, and b.3 in the Items paragraph of the
List of Items Controlled are amended by replacing ``520'' with ``510.''
Frequency-doubled Yb:YAG lasers using second harmonic generation (SHG)
emit green light at 515 nm. These lasers are increasingly being used in
commercial laser materials processing, replacing Nd:YAG lasers. Given
the development of this application, it was determined appropriate to
change the wavelength from ``520'' to ``510'' in 6A005.a.3 and
6A005.b.3, to control Yb:YAG SHG lasers at the same power level as
Nd:YAG SHG lasers. The change to a.2 and b.2 accounts for the shift in
wavelength in a.3 and b.3 so a gap in control was not created. As a
result of this change the NP controls are expanded to include 6A005.a.3
and all of b.3, instead of just b.3.a. 6A005.a.3 is added to paragraph
(d) of the License Requirements Note, which outlines NP controls.
    6A005.a.6.a (Non-``tunable'' continuous wave ``(CW) lasers'') is
amended by removing paragraphs a.6.a.1 and a.6.a.2 to simplify the
control text. The output power control level of 150 W is replaced with
200 W to adjust for technical advancements.

6C004 (Optical Materials)

    6C004.b (Electro-optic materials and non-linear optical materials)
and .c (Non-linear optical materials, other than those specified by
6C004.b) are amended in order to control new materials that can be used
in military applications. Advances in crystal growth have facilitated
the manufacturing of additional non-linear optical materials. The new
citations identify specific materials by name or using the updated
parameters under 6C004.c.3 and c.4 that can be fabricated into non-
linear optical components. These non-linear crystals have recently
become useful due to advances in manufacturing. They can now be grown
large enough and with low defects so that they can be cut and polished
into optical components. The newly listed materials are of interest
because they can operate at high optical powers that cause other non-
linear materials to degrade.
    6C005 (Synthetic crystalline ``laser'' host material in unfinished
form) is amended by removing 6C005.b (Alexandrite) and reserving the
paragraph, because Alexandrite lasers are tuneable from 700 to 800 nm
and the majority of applications for alexandrite lasers are for
dermatology and hair removal.

Category 7--Navigation and Avionics

    7A001 (Accelerometers) is amended by replacing the ``bias''
``repeatability'' of less (better) than 5,000 micro g with 1,250 micro
g in paragraph a.2.a and replacing the ``scale factor''
``repeatability'' of less (better) than 2,500 ppm with 1,250 ppm in
paragraph a.2.b, because improvements in Microelectromechanical Systems
(MEMS) technology have led to availability of equivalent performance
accelerometers in commercial products, as well as widespread foreign
availability.

7D003 (``Software'')

    The License Exception STA ineligibility paragraph is amended by
removing the phrase ``d.1 to d.4 or d.7'' because these controls have
been moved to a new ECCN 7D004, and paragraph 7D003.d is removed and
reserved by this rule. Specifically, these controls are moved to7D004.a
to .g, with the exception of 7D003.d.5 (Airborne automatic direction
finding equipment). 7D003.d.5 is removed and reserved as reflected in
the new paragraph 7D004.e, because there was no reason for this
relatively rudimentary item to be identified separately from other
navigation entries. Because the ``source code'' in 7D003.d is already
addressed elsewhere more specifically, this entry created a redundancy
in controls and is removed. For more details about the redundancy see
the preamble text for 7D004 below.
    A Nota Bene (N.B.) is added to reference the new location (7D004)
for the control of 7D003.d source code.

    7D004 (``Source code'' incorporating ``development'' ``technology''
specified by 7E004.a or 7E004.b) is added to the CCL to control
``source code'' moved from 7D003.d. Previously, two sets of technology
controls addressed the flight controls topic. The first was 7E001, the
GTN-based ``development'' technology controls relating to the 7D003
``source code'' entry. The second set of technology controls are under
7E004.a and 7E004.b, which enumerate specific flight control
technologies of concern. The existence of both sets of controls created
an obviously undesirable redundancy. However, it was discovered that
pertinent ``source code'' ``software'' and ``technology'' was removed
from control by the WA agreement, which the U.S. will address with WA
in future meetings to establish appropriate multi-lateral national
security level controls. In the meantime, ``source code'' for the
``development'' of fly-by-wire control systems is added to 0D521 No. 2.
The following technology is added to 0E521 No. 6: ``Technology'' for
fly-by-wire control systems, as follows: a. ``Technology'' according to
the General Technology Note for the ``development'' of ``software''
controlled by 0D521 No. 2; or b. ``Development'' ``technology'' for
``active flight control systems'' for control law compensation for
sensor location or dynamic airframe loads, i.e., compensation for
sensor vibration environment or for variation of sensor location from
the center of gravity. (See Supplement No. 5 to part 774.) There is a
pending rule that adds technology to 0E521 Nos. 2-5, therefore this
rule reserves those paragraphs in the table.
    As described in the final rule that established the 0Y521 series
and that was published in the Federal Register on April 13, 2012 (77 FR
22191), items are added to the 0Y521 series upon a determination by the
Department of Commerce, with the concurrence of the Departments of
Defense and State, that the items should be controlled for export
because the items provide at least a significant military or
intelligence advantage to the United States or foreign policy reasons
justify control. The ``source code'' for the ``development'' of fly-by-
wire control systems in 0D521 No. 2 and the fly-by-wire technology in
0E521 No. 6 is controlled for regional stability (RS) Column 1 reasons.
ECCN 0D521 and 0E521 items are subject to a nearly worldwide license
requirement (i.e., for every country except Canada) with a case-by-case
license review policy, through regional stability (RS Column 1)
controls. Only License Exception GOV is available for this technology
for official use by personnel and agencies of the U.S. Government.
    If your fly-by-wire software or technology was controlled by 7D003
or 7E001 and is now classified as 0D521 No. 2 or 0E521 No. 6, then you
do not need to replace your existing licenses or classifications
(CCATS), because it is considered a ``non-material'' change pursuant to
Section 750.7(c)(1)(viii) of the EAR. If you were going to request an
extension for licenses with these ECCNs, you may still request
extensions of these licenses instead of replacing them because of this
ECCN change.
    In order to maintain the more detailed descriptions of the specific
flight control topics covered by 7E004.a and 7E004.b, WA agreed to
remove the 7E001 reference to flight control ``source code''. This
modification is accomplished by moving 7D003.d to 7D004, and removing
7D004 from 7E001 coverage. Reference language is added to the new 7D004
that points to the technology controls in 7E004.a and 7E004.b, as well
as 0D521 No. 2 and 0E521 No. 6 for fly-by-wire source code and
technology.
    A new exclusion Note is added to 7D004 that states that ``7D004
does not apply to ``source code'' associated with common computer
elements and utilities (e.g., input signal acquisition, output signal
transmission, computer program and data loading, built-in test, task
scheduling mechanisms) not providing a specific flight control system
function,'' to clarify that the scope of these entries is limited to
flight control system function.

7E001 (``Technology'' According to the GTN for the ``Development'' of
7A, 7B or 7D)

    The Header is amended to specify the three software ECCNs 7D001,
7D002, and 7D003, in order to remove the new 7D004 from the scope of
7E001, which was created to control flight control ``source code'' in
one place instead of in 7D003 and 7E001. The Related Controls paragraph
is amended by adding a reference to 0D521 No. 2 for ``source code'' for
the ``development'' of fly-by-wire control systems and 0E521 No. 6 for
``technology'' for the ``development'' of fly-by-wire control systems.
See explanation for the creation of 0D521 No. 2 and 0E521 No. 6 under
7D004 in the preamble of this rule.

7E004 (Other ``technology'')

    The Related Controls paragraph in the List of Items Controlled
section is amended to add references to 0D521 No. 2 (``source code''
for the ``development'' of fly-by-wire control systems), and 0E521 No.
6 (for ``technology'' for the ``development'' of ``software''
controlled by 0D521 No. 2).
    7E004.b (``Development'' ``technology'', as specified, for ``active
flight control systems'' (including fly-by-wire or fly-by-light)) is
amended to more specifically list photonic technology of concern by
providing descriptions to positively identify the critical photonic
functions in a fly-by-light system.
    7E004.b.1 is replaced, because the technology for interconnecting
multiple microelectronic processing elements, such as microprocessors,
in order to speed up processing is now widely available. In addition,
active flight control solutions today can easily run in real-time on a
single processor. 7E004.b.1 now controls fly-by-light technology.
Photonics-based flight control systems, or ``fly-by-light'', are in
development to provide a number of system-level benefits, including
tolerance of elevated Electro-Magnetic Interference (EMI) and reduced
systems volume and weight.
    7E004.b.2 is removed and reserved, because control law compensation
technology as described at the general level is now widely available.
    7E004.b.3 is revised, because the former text for 7E004.b.3 dealt
with fault detection, isolation, tolerance, and resolution (i.e.,
``reconfiguration''). The only technique implied by the text is
``redundancy'', which was too broad and could encompass technology that
is widely understood and employed. The revised 7E004.b.3 text updates
the fault detection and isolation aspects to a more appropriate
characterization of the emerging technology for protection- predictive
diagnosis. This technology can determine the onset of a future failure
for more preemptive mitigation actions.
    7E004.b.4 (``active flight control system'' technology) is revised,
because it was outdated. The revised text links the real-time
identification of component failures, and allows for mitigation during
degradations prior to full failure. These linked 7E004.b.3 and
7E004.b.4 updates better represent the emerging state-of-the-art
technologies with emphasis on preemption and mitigation capabilities.
    Note to 7E004.b.4 and Note to 7E004.b are added and the Note to
7E004.b.3 is revised to clarify that the scope of these entries is
limited to flight control system function. The Note to 7E004.b.5 is
changed to conform to the WA text.

Category 9--Aerospace and Propulsion

    9A001 (Aero gas turbine engines) is amended by replacing the phrase
``Participating State'' with ``Wassenaar

Arrangement Participating State'' in the introductory text of paragraph
.a and .b in Note 9A001.a of the Items paragraph in the List of Items
Controlled section, because there is currently no definition for this
term in the EAR. However, it is understood that it refers to members of
the Wassenaar Arrangement.

9A018 (Equipment on the Wassenaar Arrangement Munitions List)

    ECCN 9A018 is amended by revising the List of Items Controlled
section. 9A018.b is amended to implement the WA agreements for 2012 to
ML6 on the WA Munitions List. Paragraph 9A018.b is separated into two
parts. 9A018.b.1 covers ground transport vehicles (including trailers)
and parts and components therefor designed and modified for non-combat
military use. 9A018.b.2 is the modified portion of the former 9A018.b,
which covers other ground vehicles. Also, a Note is added to exclude
vehicles for transporting money or valuables. The revision clarifies
that ``all-wheel drive'' vehicles have transmissions that supply drive
to the front and rear wheels simultaneously even if the vehicle has
other wheels that provide no driving force. The second change limits
the scope of the paragraph to vehicles with a gross vehicle weight
rating greater than 4,500 kilograms. The third change replaces the term
``capable of off road use'' with the term ``designed or modified for
off road use.'' The fourth change is that ``components'' are separated
out from the vehicles and placed in 9A018.b.2 with parameters.

9E003 (Other ``Technology'')

    9E003.a.5 (Cooled turbine blades, vanes or ``tip-shrouds'') is
amended by increasing the gas path temperature from 1643K (1370 [deg]C)
to 1693 K (1420 [deg]C), because as the material development for
airfoils has reached a steady state, increases in higher ``combustor
exit temperature'' can only come from advanced airfoil cooling. Taking
note of the higher combustor exit temperature for 9E003.a.2 that was
implemented in 2012, it then follows to increase the limiting
temperatures for cooled turbine blades, vanes and ``tip-shrouds'' in
9E003.a.5.
    A Technical Note is added to define `gas path temperature' as this
term is used in the newly revised 9E003.a.5 parameter.
    9E003.h.3 is amended by replacing the period with a semi-colon.

Supplement No. 1 to Part 774 (the Commerce Control List), Supplement
No. 2 ``General Technology and Software Notes''

    The ``General Software Note'' (GSN) is amended by adding some
provisions that align with what WA Participating States have already
been doing. While WA implements the GSN as a decontrol note, the U.S.
implements it as criteria for License Exception TSU and a cross
reference to Sec.  740.13 is included. Additionally, paragraph 2 of the
GSN that refers to ``in the public domain,'' is replaced with a
reference to Section 734.3(b)(3) for regulations that set forth
provisions for ``publicly available technology and software.''
    Paragraph 3 of the GSN sets forth the provision to cover minimum
necessary ``software'' for the installation, operation, maintenance
(checking) or repair of authorized equipment. It was decided to add
``object code'' to make sure that ``source code'' is not released by
the GSN. Also a Note was included to clarify that the minimum necessary
``object code'' is not software that can enhance or improve the
performance of an item or provide new features or functionality. The
GSN does not apply to ``software'' controlled by Category 5 Part 2
``Information Security,'' instead a similar note addresses such
``software'' in Note 3 to Category 5 Part 2 ``Cryptography Note.''

Supplement No. 5 to Part 774 (Items Classified Under ECCNS 0A521,
0B521, 0C521, 0D521 AND 0E521)

    This rule revises section 0D521 and 0E521 of Supplement No. 5 to
part 774 to add two new entries 0D521 No. 2 and 0E521 No. 6. The
explanation for these additions is found under 7D004 in the preamble of
this rule.
    Supplement No. 1 to Sec.  740.11 (Additional restrictions on use of
license Exception GOV) is amended by removing the phrase ``radio
frequency (RF) transmitting equipment'' and adding in its place
``Counter Improvised Explosive Device (IED) equipment and related
equipment'' in two places in paragraph (a)(1)(vii)(C) and in two places
in paragraph (b)(1)(vii)(C), because the scope of 5A001.h is expanded
to control more equipment.

Part 742 (Control Policy--CCL Based Controls)

    Section 742.15 (Encryption Items) is amended by revising paragraph
(d). This rule adds paragraph (d)(2) to grandfather classification
requests and encryption registrations submitted after June 15, 2010 for
components that received a classification of 5X002 Sec.  742.17(b)(3)
and that meet the newly added paragraph (b) of the Cryptography Note 3
in Category 5 Part 2 of the Commerce Control List in Supplement No. 1
to part 774, if you include these components in your self-
classification report.

Part 743 Special Reporting

    WA has three levels of controls as reflected in its Basic List
(BL), Sensitive List (SL), and Very Sensitive List (VSL). 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
United States 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, STA,
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.
    The Note to Section 743.1(c)(1)(ii) is simplified by combining the
list of software and technology that require WA reporting under ECCNs
2D001, 2E001 and 2E002, as well as harmonizing these requirements with
the changes made to the WA Sensitive List.

Part 770 Interpretations

    Section 770.2 is amended by revising paragraph (h) ``Ground
Vehicles'' to harmonize with changes WA made to ML 6. WA changed ML 6
to clarify the scope of ML 6 by adding three specific parameter
paragraphs to distinguish military vehicles from commercial vehicles
used for security.

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

    The definition for ``diffusion bonding'' is amended by removing the
word ``molecular'', replacing the phrase ``two separate metals'' with
``two separate pieces of metals'', and adding a phrase ``wherein the
principal mechanism is interdiffusion of atoms across the interface''
to the end of the definition. It was inappropriate to use the term
``molecular'' in describing metallic bonds, because molecules do not
exist in solid-state metals. In addition, to achieve diffusion bonding,
interdiffusion of at least two separate atoms of metals across the
interface must occur. Then, through the diffusion bonding, the atoms
are joined into

diffusion bonded metals (metallic bonds).
    The definition for ``dynamic signal analyzers'' is removed from
Sec.  772.1. The existing controls on Dynamic Signal Analyzers are
commonly interpreted to require both phase and amplitude at the output.
By deleting the concept of ``Dynamic Signal Analyzer'' and replacing it
with ``Signal Analyzer'' the requirement that both phase and amplitude
be in the output is removed.
    The definition for ``frequency mask trigger'' is added to define
pulse equipment (3A002.c.5) that allows the detection and processing of
unknown short duration, transient, sporadic, and burst RF signals.
    The definition for ``object code'' is amended by replacing ``(Cat
9)'' with ``(GSN)'' because this term is not used in Cat 9 and it is
now used in the General Software Note to make sure that the GSN only
covers object code and not source code.
    The definition for ``personal area network'' is amended by adding
the phrase ``and their nearby surrounding spaces'' to harmonize with
the range increase included in the 5A002 exclusion Note .i limits (not
exceeding 100 meters).
    The definition for ``real-time bandwidth'' is revised to better
define the concept of gap-free analysis of the input data, and to
assure that the scope of control remains focused on what ``signal
analyzers'' was intended to control.
    The definition for ``space-qualified'' is amended by removing the
reference to Cat 8, because Cat 8 no longer has ``space-qualified''
equipment. The revision of the text was to clarify the definition and
close a loophole.
    The definition for ``substrate blanks'' is amended by replacing
``Cat 6'' with ``Cat 3 and 6,'' because this term is now used in
3B001.h.1 to control multi-layer masks with a phase shift layer.

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., p. 783 (2002), as
amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March
13, 2013), and as extended by the Notice of August 15, 2012, 77 FR
49699 (August 16, 2012) has continued the EAR in effect under the
International Emergency Economic Powers Act (50 U.S.C. Sec. Sec.  1701
et seq.). BIS continues to carry out the provisions of the Export
Administration Act, as appropriate and to the extent permitted by law,
pursuant to Executive Order 13222 as amended by Executive Order 13637.

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
June 20, 2013, 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 August 19, 2013. Any such items
not actually exported before midnight, on August 19, 2013, 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 to be a ``significant
regulatory action'' although not economically significant, under
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 Jasmeet Seehra,
OMB Desk Officer, by email 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 30-day 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 41 member countries that act on a consensus basis and the
changes set forth in this rule implement agreements reached at the
December 2012 plenary session of the WA. Because 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 were
delayed to allow for notice and comment and a 30-day delay in
effectiveness, 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 738

    Exports.

15 CFR Parts 740 and 752

    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 Parts 746 and 774

    Exports, Reporting and recordkeeping requirements.

15 CFR Parts 770 and 772

    Exports.

    Accordingly, Parts 738, 740, 742, 743, 746, 752, 770, 772, and 774
of the Export Administration Regulations (15 CFR parts 730-774) are
amended as follows:

PART 738 [AMENDED]

0
1. The authority citation for Part 738 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 15, 2012, 77 FR 49699 (August 16, 2012).

0
2. Section 738.3 is amended by revising paragraph (a)(1) to read as
follows:

Sec.  738.3  Commerce Country Chart structure.

    (a) * * *
    (1) ECCNs 0A983, 5A001.f.1, 5A980, 5D001 (for 5A001.f.1, or for
5E001.a (for 5A001.f.1 or for 5D001.a (for 5A001.f.1))), 5D980, 5E001.a
(for 5A001.f.1, or for 5D001.a (for 5A001.f.1)) and 5E980. A license is
required for all destinations for items controlled under these entries.
For items controlled by 0A983, 5E001.a (for 5A001.f.1, or for 5D001.a
(for 5A001.f.1)) and 5E980, no license exceptions apply. For items
controlled by 5A001.f.1, 5A980, 5D001 (for 5A001.f.1 or for 5E001.a
(for 5A001.f.1, or for 5D001.a (for 5A001.f.1))) and 5D980, License
Exception GOV may apply if your item is consigned to and for the
official use of an agency of the U.S. Government (see Sec.
740.2(a)(3)). If your item is controlled by 0A983, 5A001.f.1, 5A980,
5D001 (for 5A001.f.1 or for 5E001.a (for 5A001.f.1, or for 5D001.a (for
5A001.f.1))), 5D980, 5E001.a (for 5A001.f.1, or for 5D001.a (for
5A001.f.1)) or 5E980 you should proceed directly to Part 748 of the EAR
for license application instructions and Sec. Sec.  742.11 or 742.13 of
the EAR for information on the licensing policy relevant to these types
of applications.
* * * * *

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 15, 2012, 77 FR 49699 (August 16, 2012).

0
4. Section 740.2 is amended by revising paragraph (a)(3) to read as
follows:

Sec.  740.2  Restrictions on all License Exceptions.

    (a) * * *
    (3) The item is primarily useful for surreptitious interception of
wire, oral, or electronic communications, or related software,
controlled under ECCNs 5A001.,f.1 5A980, 5D001 (for 5A001.f.1 or for
5E001.a (for 5A001.f.1, or for 5D001.a (for 5A001.f.1))), or 5D980,
unless the item is consigned to and for the official use of an agency
of the U.S. Government (see Sec.  740.11(b)(2)(ii) of this part,
Governments (GOV)). No license exceptions apply for 5E001.a (for
5A001.f.1, or for 5D001.a (for 5A001.f.1)) or for 5E980.
* * * * *

Sec.  740.11  [Amended]

0
5. Supplement No. 1 to Sec.  740.11 is amended by removing the phrase
``radio frequency (RF) transmitting equipment'' and adding in its place
``Counter Improvised Explosive Device (IED) equipment and related
equipment'' in two places in paragraph (a)(1)(vii)(C) and in two places
in paragraph (b)(1)(vii)(C).

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 15, 2012, 77 FR 49699 (August 16, 2012); Notice of
November 1, 2012, 77 FR 66513 (November 5, 2012).

0
7. Section 742.13 is amended by revising paragraph (a)(1) to read as
follows:

Sec.  742.13  Communications intercepting devices; software and
technology for communications intercepting devices.

    (a) License requirement. (1) In support of U.S. foreign policy to
prohibit the export of items that may be used for the surreptitious
interception of wire, oral, or electronic communications, a license is
required for all destinations, including Canada, for ECCNs having an
``SL'' under the ``Reason for Control'' paragraph. These items include
any electronic, mechanical, or other device primarily useful for the
surreptitious interception of wire, oral, or electronic communications
(ECCNs 5A001.f.1 and 5A980); and for related ``software'' primarily
useful for the surreptitious interception of wire, oral, or electronic
communications (ECCN 5D001.c and 5D980.a); and ``software'' primarily
useful for the ``development'', ``production'', or ``use'' of devices
controlled under ECCNs 5A001.f.1 and 5A980 (ECCNs 5D001.a and 5D980.b);
and for ``technology'' primarily useful for the ``development'',
``production'', or ``use'' of items controlled by ECCNs 5A001.f.1,
5D001.a (for 5A001.f.1), 5A980 and 5D980 (ECCNs 5E001.a and 5E980); and
for ``software'' primarily useful to support such ECCN 5E001.a
``development'', ``production'', or ``use'' ``technology'' for
5A001.f.1 equipment and certain 5D001.a ``software'' (ECCN 5D001.b).
These licensing requirements

do not supersede the requirements contained in the Omnibus Crime
Control and Safe Streets Act of 1968, as amended (18 U.S.C. 2512). This
license requirement is not reflected on the Commerce Country Chart
(Supplement No. 1 to Part 738 of the EAR).
* * * * *

0
8. Section 742.15 is amended by revising paragraph (d) to read as
follows:

Sec.  742.15  Encryption items.

* * * * *
    (d) Grandfathering. (1) For mass market encryption commodities,
software and components described in (or otherwise meeting the
specifications of) paragraph (b) of this section effective June 25,
2010, such items reviewed and classified by BIS as mass market products
prior to June 25, 2010 are authorized for export and reexport under
paragraph (b) of this section using the CCATS previously issued by BIS,
without any encryption registration (i.e., the information described in
Supplement No. 5 to this part), new classification by BIS, or self-
classification reporting (i.e., the information described in Supplement
No. 8 to this part), provided the cryptographic functionality of the
item has not changed. See paragraph (b)(7)(i)(C) of this section
regarding changes in encryption functionality following a previous
classification.
    (2) If you have components that meet paragraph (b) of the
Cryptography Note 3 in Category 5 Part 2 of the Commerce Control List
in Supplement No. 1 to part 774 and the components have previously been
classified under ECCN 5X002 pursuant to Sec.  740.17(b)(3) or self-
classified under Sec.  740.17(b)(1) after June 25, 2010, a new
classification request is not required to make it eligible for
paragraph (b) to Note 3 under Sec.  742.15(b)(3), i.e., 5X992, if you
include these components in your self-classification report submitted
to BIS and the ENC Encryption Request Coordinator no later than
February 1 following the calendar year in which you first export or
reexport the reclassified components.

PART 743 [AMENDED]

0
9. The authority citation for part 743 is 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; E.O. 13637 of
March 8, 2013, 78 FR 16129 (March 13, 2013); Notice of August 15,
2012, 77 FR 49699 (August 16, 2012).

0
10. Section 743.1 is amended by revising the Note to paragraph
(c)(1)(ii) to read as follows:

Sec.  743.1  Wassenaar Arrangement.

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

     Note to Paragraph (c)(1)(ii):  Reports for 2D001, 2E001 and
2E002 are for equipment as follows:
    a. Machine tools for turning having all of the following:
    1. Positioning accuracy with ``all compensations available''
equal to or less (better) than 3 [micro]m according to ISO 230/2
(2006) or national equivalents along one or more linear axis; and
    2. Two or more axes which can be coordinated simultaneously for
``contouring control''.
    b. Machine tools for milling having any of the following:
    1. Having all of the following:
    i. Positioning accuracy with ``all compensations available''
equal to or less (better) than 3 [micro]m according to ISO 230/2
(2006) or national equivalents along one or more linear axis; and
    ii. Three linear axes plus one rotary axis which can be
coordinated simultaneously for ``contouring control'';
    2. Specified by 2B001.b.2.a, 2B001.b.2.b or 2B001.b.2.c and
having a positioning accuracy with ``all compensations available''
equal to or less (better) than 3 [micro]m according to ISO 230/2
(2006) or national equivalents along one or more linear axis; or
    3. A positioning accuracy for jig boring machines, with ``all
compensations available'', equal to or less (better) than 3 [micro]m
according to ISO 230/2 (2006) or national equivalents along one or
more linear axis;
    c. Electrical discharge machines (EDM) as specified in 2B001.d.
    d. Deep-hole-drilling machines as specified in 2B001.f.
    e. ``Numerically controlled'' or manual machine tools as
specified in 2B003.

* * * * *

PART 746 [AMENDED]

0
11. The authority citation for Part 746 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. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C.
6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR
36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR,
1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 783; E.O.
13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003;
Presidential Determination 2007-7 of December 7, 2006, 72 FR 1899
(January 16, 2007); Notice of May 9, 2012, 77 FR 27559 (May 10,
2012); Notice of August 15, 2012, 77 FR 49699 (August 16, 2012).

0
12. Section 746.7 is amended by revising paragraph (a)(1) to read as
follows:

Sec.  746.7  Iran.

* * * * *
    (a) License Requirements--(1) EAR license requirements. A license
is required under the EAR to export or reexport to Iran any item on the
CCL containing a CB Column 1, CB Column 2, CB Column 3, NP Column 1, NP
Column 2, NS Column 1, NS Column 2, MT Column 1, RS Column 1, RS Column
2, CC Column 1, CC Column 2, CC Column 3, AT Column 1 or AT Column 2 in
the Country Chart Column of the License Requirements section of an ECCN
or classified under ECCNs 0A980, 0A982, 0A983, 0A985, 0E982, 1C355,
1C395, 1C980, 1C981, 1C982, 1C983, 1C984, 2A994, 2D994, 2E994,
5A001.f.1, 5A980, 5D001 (for 5A001.f.1or for 5E001.a (for 5A001.f.1, or
for 5D001.a (for 5A001.f.1))), 5D980, 5E001.a (for 5A001.f.1, or for
5D001.a (for 5A001.f.1)) or 5E980.
* * * * *

PART 752 [AMENDED]

0
13. The authority citation for Part 752 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 15, 2012, 77
FR 49699 (August 16, 2012).

0
14. Section 752.3 is amended by revising paragraph (a)(7) to read as
follows:

Sec.  752.3  Eligible items.

    (a) * * *
    (7) Communications intercepting devices and related software and
technology controlled by ECCNs 5A001.f.1, 5A980, 5D001 (for 5A001.f.1
or for 5E001.a (for 5A001.f.1, or for 5D001.a (for 5A001.f.1))), 5D980,
5E001.a (for 5A001.f.1, or for 5D001.a (for 5A001.f.1)) or 5E980 on the
CCL;
* * * * *

PART 770 [AMENDED]

0
15. The authority citation for Part 770 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
15, 2012, 77 FR 49699 (August 16, 2012).

0
16. Section 770.2 is amended by revising paragraph (h) to read as
follows:

Sec.  770.2  Item Interpretations.

* * * * *

    (h) Interpretation 8: Ground vehicles. (1) The U.S. Department of
Commerce, Bureau of Industry and Security has export licensing
jurisdiction over ground transport vehicles (including trailers),
parts, and components therefor specially designed or modified for non-
combat military use. Vehicles in this category are primarily transport
vehicles designed or modified for transporting cargo, personnel and/or
equipment, or to move other vehicles and equipment over land and roads
in close support of fighting vehicles and troops. The U.S. Department
of Commerce, Bureau of Industry and Security also has export licensing
jurisdiction over vehicles specified in 9A018.b.2, if they do not have
armor described in 22 CFR 121, Category XIII. In this section, and in
ECCN 9A018, the word ``unarmed'' means not having weapons installed,
not having mountings for weapons installed, and not having special
reinforcements for mountings for weapons.
    (2) Modification of a ground vehicle for military use entails a
structural, electrical or mechanical change involving one or more
specially designed military components. Such components include, but
are not limited to:
    (i) Pneumatic tire casings of a kind designed to be bullet-proof or
to run when deflated;
    (ii) Tire inflation pressure control systems, operated from inside
a moving vehicle;
    (iii) Armored protection of vital parts, (e.g., fuel tanks or
vehicle cabs); and
    (iv) Special reinforcements for mountings for weapons.
    (3) Scope of ECCN 9A018.b: Ground transport vehicles (including
trailers) and parts and components therefor specially designed or
modified for non-combat military use are controlled by ECCN 9A018.b.1.
Unarmed vehicles specified in 9A018.b.2 that are not described in
paragraph (h)(4) of this section. ECCN 9A018.b does not cover civil
vehicles designed or modified for transporting money or valuables even
if such vehicles incorporate items described in paragraphs (h)(2)(i),
(ii), or (iii) of this section. Ground vehicles that are not described
in paragraph (h)(4) of this section and that are not covered by either
ECCN 9A018.b or 9A990 are EAR99, meaning that they are subject to the
EAR, but not listed in any specific ECCN.
    (4) Related control: The Department of State, Directorate of
Defense Trade Controls has export licensing jurisdiction for all
military ground armed or armored vehicles and parts and components
specific thereto as described in 22 CFR part 121, Category VII. The
Department of State, Directorate of Defense Trade Controls also has
export licensing jurisdiction for all-wheel drive vehicles capable of
off-road use that have been armed or armored with articles described in
22 CFR part 121 or that have been manufactured or fitted with special
reinforcements for mounting arms or other specialized military
equipment described in 22 CFR part 121.
* * * * *

PART 772 [AMENDED]

0
17. 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
15, 2012, 77 FR 49699 (August 16, 2012).

0
18. Section 772.1 is amended by:
0
a. Revising the definitions for ``diffusion bonding,'' ``personal area
network,'' ``real-time bandwidth,'' ``space-qualified'';
0
b. Removing the definition ``dynamic signal analyzers;''
0
c. Adding a definition for ``frequency mask trigger'';
0
d. Removing ``(Cat 9)'' and adding in its place ``(GSN)'' in the
definition of ``object code;'' and
0
e. Removing ``(Cat 6)'' and adding in its place ``(Cat 3 and 6)'' in
the definition of ``substrate blanks''.
    The revisions and addition read as follows:

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

* * * * *
    Diffusion bonding. (Cat 1, 2, and 9)--A solid state joining of at
least two separate pieces of metals into a single piece with a joint
strength equivalent to that of the weakest material, wherein the
principal mechanism is interdiffusion of atoms across the interface.
* * * * *
    Frequency mask trigger. (Cat 3)--For ``signal analyzers'' a
mechanism where the trigger function is able to select a frequency
range to be triggered on as a subset of the acquisition bandwidth while
ignoring other signals that may also be present within the same
acquisition bandwidth. A ``frequency mask trigger'' may contain more
than one independent set of limits.
* * * * *
    Personal area network. (Cat 5 Part 2)--A data communication system
having all of the following characteristics:
    (a) Allows an arbitrary number of independent or interconnected
`data devices' to communicate directly with each other; and
    (b) Is confined to the communication between devices within the
immediate vicinity of an individual person or device controller (e.g.,
single room, office, or automobile, and their nearby surrounding
spaces).

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

* * * * *
    Real time bandwidth. (Cat 3)--For ``signal analyzers'', the widest
frequency range for which the analyzer can continuously transform time
domain data entirely into frequency-domain results, using Fourier or
other discrete time transform that processes every incoming time point
without gaps or windowing effects that causes a reduction of measured
amplitude of more than 3 dB below the actual signal amplitude, while
outputting or displaying the transformed data.
* * * * *
    Space-qualified. (Cat 3 and 6)--Designed, manufactured, or
qualified through successful testing, for operation at altitudes
greater than 100 km above the surface of the Earth.

    Note: A determination that a specific item is ``space
qualified'' by virtue of testing does not mean that other items in
the same production run or model series are ``space qualified'' if
not individually tested.

* * * * *

PART 774 [AMENDED]

0
19. 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 15, 2012, 77 FR 49699 (August 16, 2012).

0
20. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1A004 is amended by:
0
a. Revising the introductory paragraph .a of the Items paragraph in the
List of Items Controlled section; and
0
b. Revising the Note at the end of the Items paragraph in the List of
Items Controlled section, to read as follows:

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

* * * * *
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:

    a. Full face masks, filter canisters and decontamination
equipment therefor, designed or modified for defense against any of
the following, and specially designed components therefor:
    Note: 1A004.a includes Powered Air Purifying Respirators (PAPR)
that are designed or modified for defense against agents or
materials, listed in 1A004.a.
    Technical Note: For the purpose of 1A004.a, full face masks are
also known as gas masks.
* * * * *
    Note: 1A004 does not control:
    a. Personal radiation monitoring dosimeters;
    b. Occupational health or safety 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
21. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1C001 is amended by revising paragraphs .b and .c in
the Items paragraph of the List of Items Controlled section to read as
follows:

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

List of Items Controlled

* * * * *
Items:
* * * * *
    b. Materials for absorbing frequencies exceeding 1.5 x 10\14\ Hz
but less than 3.7 x 10\14\ Hz and not transparent to visible light;
    Note: 1C001.b does not apply to materials, specially designed or
formulated for any of the following applications:
    a. Laser marking of polymers; or
    b. Laser welding of polymers.
    c. Intrinsically conductive polymeric materials with a `bulk
electrical conductivity' exceeding 10,000 S/m (Siemens per meter) or
a `sheet (surface) resistivity' of less than 100 ohms/square, based
on any of the following polymers:
    c.1. Polyaniline;
    c.2. Polypyrrole;
    c.3. Polythiophene;
    c.4. Poly phenylene-vinylene; or
    c.5. Poly thienylene-vinylene.
    Note: 1C001.c does not apply to materials in a liquid form.
    Technical Note: `Bulk electrical conductivity' and `sheet
(surface) resistivity' should be determined using ASTM D-257 or
national equivalents.

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

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

List of Items Controlled

Unit: Machine tools in number
Related Controls: * * *
Related Definitions: * * *
Items:
* * * * *
    Note 2: 2B001 does not control special purpose machine tools
limited to the manufacture of any of the following:
    a. Crank shafts or cam shafts;
    b. Tools or cutters;
    c. Extruder worms;
    d. Engraved or faceted jewelry parts; or
    e. Dental prostheses.
* * * * *
    a. * * *
    a.1. Positioning accuracy with ``all compensations available''
equal to or less (better) than 3.0 [micro]m according to ISO 230/2
(2006) or national equivalents along one or more linear axis; and
* * * * *
    b. Machine tools for milling having any of the following:
    b.1. Having all of the following:
    b.1.a. Positioning accuracy with ``all compensations available''
equal to or less (better) than 3 [micro]m according to ISO 230/2
(2006) or national equivalents along one or more linear axis; and
    b.1.b. Three linear axes plus one rotary axis which can be
coordinated simultaneously for ``contouring control'';
    b.2. Five or more axes which can be coordinated simultaneously
for ``contouring control'' having any of the following:
    Note: `Parallel mechanism machine tools' are specified by
2B001.b.2.d.
    b.2.a. Positioning accuracy with ``all compensations available''
equal to or less (better) than 3.0 [micro]m according to ISO 230/2
(2006) or national equivalents along one or more linear axis with a
travel length less than 1 m;
    b.2.b. Positioning accuracy with ``all compensations available''
equal to or less (better) than 4.5 [micro]m according to ISO 230/2
(2006) or national equivalents along one or more linear axis with a
travel length equal to or greater than 1 m and less than 2 m;
    b.2.c. Positioning accuracy with ``all compensations available''
equal to or less (better) than 4.5 + 7x(L-2) [micro]m (L is the
travel length in meters) according to ISO 230/2 (2006) or national
equivalents along one or more linear axis with a travel length equal
to or greater than 2 m; or
    b.2.d. Being a `parallel mechanism machine tool';
    Technical Note: A `parallel mechanism machine tool' is a machine
tool having multiple rods which are linked with a platform and
actuators; each of the actuators operates the respective rod
simultaneously and independently.
    b.3. A positioning accuracy for jig boring machines, with ``all
compensations available'', equal to or less (better) than 3.0
[micro]m according to ISO 230/2 (2006) or national equivalents along
one or more linear axis; or
    b.4. Fly cutting machines having all of the following:
    b.4.a. Spindle ``run-out'' and ``camming'' less (better) than
0.0004 mm TIR; and
    b.4.b. Angular deviation of slide movement (yaw, pitch and roll)
less (better) than 2 seconds of arc, TIR, over 300 mm of travel;
* * * * *
    f. Deep-hole-drilling machines and turning machines modified for
deep-hole-drilling, having a maximum depth-of-bore capability
exceeding 5 m.

0
23. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2, ECCN 2B006 is amended by revising paragraph .b and .c in
the Items paragraph of the List of Items Controlled section, to read as
follows:

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

List of Items Controlled

* * * * *
Items:
* * * * *
    b. Linear and angular displacement measuring instruments, as
follows:
    b.1. `Linear displacement' measuring instruments having any of
the following:
    Note: Displacement measuring ``laser'' interferometers are only
specified by 2B006.b.1.c.
    Technical Note: For the purpose of 2B006.b.1 `linear
displacement' means the change of distance between the measuring
probe and the measured object.
    b.1.a. Non-contact type measuring systems with a ``resolution''
equal to or less (better) than 0.2 [micro]m within a measuring range
up to 0.2 mm;
    b.1.b. Linear voltage differential transformer systems having
all of the following:
    b.1.b.1. ``Linearity'' equal to or less (better) than 0.1%
within a measuring range up to 5 mm; and

    b.1.b.2. Drift equal to or less (better) than 0.1% per day at a
standard ambient test room temperature  1 K;
    b.1.c. Measuring systems having all of the following:
    b.1.c.1. Containing a ``laser''; and
    b.1.c.2. Maintaining, for at least 12 hours, at a temperature of
20  1 [deg]C, all of the following:
    b.1.c.2.a. A ``resolution'' over their full scale of 0.1
[micro]m or less (better); and
    b.1.c.2.b. Capable of achieving a ``measurement uncertainty'',
when compensated for the refractive index of air, equal to or less
(better) than (0.2 + L/2,000) [micro]m (L is the measured length in
mm); or
    b.1.d. ``Electronic assemblies'' specially designed to provide
feedback capability in systems controlled by 2B006.b.1.c;
    Note: 2B006.b.1 does not control measuring interferometer
systems, with an automatic control system that is designed to use no
feedback techniques, containing a ``laser'' to measure slide
movement errors of machine-tools, dimensional inspection machines or
similar equipment.
    b.2. Angular displacement measuring instruments having an
``angular position deviation'' equal to or less (better) than
0.00025[deg];
    Note: 2B006.b.2 does not control optical instruments, such as
autocollimators, using collimated light (e.g., laser light) to
detect angular displacement of a mirror.
    c. Equipment for measuring surface roughness (including surface
defects), by measuring optical scatter with a sensitivity of 0.5 nm
or less (better).
    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
24. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2, ECCN 2D001 is amended by revising the Heading and the Items
paragraph of the List of Items Controlled section, to read as follows:

2D001 ``Software'', other than that controlled by 2D002, as follows
(See list of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
    a. ``Software'' specially designed or modified for the
``development'' or ``production'' of equipment controlled by 2A001
or 2B001 to 2B009;
    b. ``Software'' specially designed or modified for the ``use''
of equipment specified by 2A001.c., 2B001, or 2B003 to 2B009.
    Note: 2D001 does not apply to part programming ``software'' that
generates ``numerical control'' codes for machining various parts.

0
25. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2, ECCN 2D002 is amended by revising the Items paragraph of
the List of Items Controlled section to read as follows:

2D002 ``Software'' for electronic devices, even when residing in an
electronic device or system, enabling such devices or systems to
function as a ``numerical control'' unit, capable of coordinating
simultaneously more than 4 axes for ``contouring control''.
* * * * *

List of Items Controlled

* * * * *
Items:

    Note 1: 2D002 does not control ``software'' specially designed
or modified for the operation of machine tools not specified by
Category 2.
    Note 2: 2D002 does not control ``software'' for items specified
by 2B002. See 2D001 and 2D003 for ``software'' for items specified
by 2B002.
    Note 3: 2D002 does not apply to ``software'' that is exported
with, and the minimum necessary for the operation of, machine tools
not specified by Category 2.
    The list of items controlled is contained in the ECCN heading.

0
26. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2, ECCN 2D003 is added after 2D002 to read as follows:

2D003 ``Software'', designed or modified for the operation of
equipment specified by 2B002, that converts optical design,
workpiece measurements and material removal functions into
``numerical control'' commands to achieve the desired workpiece
form.

License Requirements

    Reason for Control: NS, AT

                Control(s)                          Country chart

NS applies to entire entry................  NS Column 2.
AT applies to entire entry................  AT Column 1.

License Exceptions

    CIV: N/A
    TSR: Yes

List of Items Controlled

    Unit: $ value
    Related Controls: See ECCN 2E001 (``development'') for
technology for ``software'' controlled under this entry.
    Related Definitions: N/A
    Items: The list of items controlled is contained in the ECCN
heading.

0
27. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3, ECCN 3A001 is amended by revising paragraphs a.7, b.2,
b.4.f.3, b.10, and 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).
* * * * *

List of Items Controlled

* * * * *
    Items:
    a. * * *
    a.7. `Field programmable logic devices' having any of the
following:
    a.7.a. A maximum number of single-ended digital input/outputs of
500 or greater; or
    a.7.b. An `aggregate one-way peak serial transceiver data rate'
or 200 Gb/s or greater;

    Note: 3A001.a.7 includes:

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

    Technical Notes:
    1. `Field programmable logic devices' are also known as field
programmable gate or field programmable logic arrays.
    2. Maximum number of digital input/outputs in 3A001.a.7.a is
also referred to as maximum user input/outputs or maximum available
input/outputs, whether the integrated circuit is packaged or bare
die.
    3. `Aggregate one-way peak serial transceiver data rate' is the
product of the peak serial one-way transceiver data rate times the
number of transceivers on the FPGA.

* * * * *
    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 GHz and with an average output power greater
than 0.1 nW (-70 dBm);
    b.2.e. Rated for operation at frequencies exceeding 37 GHz up to
and including 43.5 GHz and with an average output power greater than
1.0 W (30 dBm) ;
    b.2.f. Rated for operation at frequencies exceeding 43.5 GHz up
to and including 75 GHz and with an average output power greater
than 31.62 mW (15 dBm) with a ``fractional bandwidth'' greater than
10%;
    b.2.g. Rated for operation at frequencies exceeding 75 GHz up to
and including 90 GHz and with an average output power greater than
10 mW (10 dBm) with a ``fractional bandwidth'' greater than 5%; or
    b.2.h. Rated for operation at frequencies exceeding 90 GHz and
with an average output power greater than 0.1 nW (-70 dBm).
    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.4. * * *
    b.4.f. * * *
    b.4.f.3. Any two sides perpendicular to one another with either
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 GHz].
    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.
    Note 3: 3A001.b.4 includes transmit/receive modules and transmit
modules.
* * * * *
    b.10. Oscillators or oscillator assemblies, specified to operate
with all of the following:
    b.10.a. A single sideband (SSB) phase noise, in dBc/Hz, better
than -(126+20 log10F-20 log10f) anywhere
within the range of 10 Hz 10F-20 log10f) anywhere
within the range of 10 kHz < F < 500 kHz;
    Technical Note: In 3A001.b.10, F is the offset from the
operating frequency in Hz and f is the operating frequency in MHz.
    b.11. ``Frequency synthesizer'' ``electronic assemblies'' having
a ``frequency switching time'' as specified by any of the following:
    b.11.a. Less than 156 ps;
    b.11.b. Less than 100 [mu]s for any frequency change exceeding
1.6 GHz within the synthesized frequency range exceeding 4.8 GHz but
not exceeding 10.6 GHz;
    b.11.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;
    b.11.d. Less than 500 [micro]s for any frequency change
exceeding 550 MHz within the synthesized frequency range exceeding
31.8 GHz but not exceeding 43.5 GHz; or
    b.11.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;
    b.11.f. Less than 1 ms for any frequency change exceeding 2.2
GHz within the synthesized frequency range exceeding 56 GHz but not
exceeding 75 GHz; or
    b.11.g. Less than 1 ms within the synthesized frequency range
exceeding 75 GHz;
    N.B.: For general purpose ``signal analyzers'', signal
generators, network analyzers and microwave test receivers, see
3A002.c, 3A002.d, 3A002.e and 3A002.f, respectively.
* * * * *

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

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

List of Items Controlled

* * * * *
Items:
* * * * *
    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 75 GHz;
    c.3. ``Signal analyzers''having a frequency exceeding 75 GHz;
    c.4. ``Signal analyzers'' having all of the following:
    c.4.a. ``Real-time bandwidth'' exceeding 85 MHz; and
    c.4.b. 100% probability of discovery with less than a 3 dB
reduction from full amplitude due to gaps or windowing effects of
signals having a duration of 15 [micro]s or less;
    Note: 3A002.c.4 does not apply to those ``signal analyzers''
using only constant percentage bandwidth filters (also known as
octave or fractional octave filters).

    Technical Notes:
    1. Probability of discovery in 3A002.c.4.b is also referred to
as probability of intercept or probability of capture.
    2. For the purposes of 3A002.c.4.b, the duration for 100%
probability of discovery is equivalent to the minimum signal
duration necessary for the specified level measurement uncertainty.

    c.5. ``Signal analyzers'' having a ``frequency mask trigger''
function with 100% probability of trigger (capture) for signals
having a duration of 15 [mu]s or less;
    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 pulses having all of the following,
anywhere within the synthesized frequency range exceeding 31.8 GHz
but not exceeding 75 GHz:
    d.1.a. `Pulse duration' of less than 100 ns; and
    d.1.b. On/off ratio equal to or exceeding 65 dB;
    d.2. An output power exceeding 100 mW (20 dBm) anywhere within
the synthesized frequency range exceeding 43.5 GHz but not exceeding
75 GHz;
    d.3. A ``frequency switching time'' as specified by any of the
following:
    d.3.a. [RESERVED];
    d.3.b. Less than 100 [mu]s for any frequency change exceeding
1.6 GHz within the synthesized frequency range exceeding 4.8 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 75 GHz;
    d.4. Single sideband (SSB) phase noise, in dBc/Hz, specified as
being all of the following:
    d.4.a. Less (better) than--(126+20 log10 F-20
log10f) for anywhere within the range of 10 Hz F<10 kHz
anywhere within the synthesized frequency range exceeding 3.2 GHz
but not exceeding 75 GHz; and
    d.4.b. Less (better) than--(114+20 log10 F-20
log10f) for anywhere within the range of 10 kHz F< 500
kHz anywhere within the synthesized frequency range exceeding 3.2
GHz but not exceeding 75 GHz; 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 75 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. The maximum synthesized frequency of an arbitrary waveform or
function generator is calculated by dividing the sample rate, in
samples/second, by a factor of 2.5.
    2. For the purposes of 3A002.d.1.a, `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.
    e. Network analyzers having any of the following:
    e.1. An output power exceeding 31.62 mW (15 dBm) anywhere within
the operating frequency range exceeding 43.5 GHz but not exceeding
75 GHz;
    e.2. An output power exceeding 1 mW (0 dBm) anywhere within the
operating

frequency range exceeding 75 GHz but not exceeding 110 GHz;
    e.3. `Nonlinear vector measurement functionality' at frequencies
exceeding 50 GHz but not exceeding 110 GHz; or
    Technical Note: `Nonlinear vector measurement functionality' is
an instrument's ability to analyze the test results of devices
driven into the large-signal domain or the non-linear distortion
range.
    e.4. A maximum operating frequency exceeding 110 GHz;
    f. Microwave test receivers having all of the following:
    f.1. Maximum operating frequency exceeding 110 GHz; and
    f.2. Being capable of measuring amplitude and phase
simultaneously;
* * * * *

0
29. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3, ECCN 3B001 is amended by revising paragraphs .a, .b and .h
in the Items paragraphs of the List of Items Controlled section, to
read as follows:

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

List of Items Controlled

* * * * *
Items:

    a. Equipment designed for epitaxial growth as follows:
    a.1. Equipment capable of producing a layer of any material
other than silicon with a thickness uniform to less than  2.5% across a distance of 75 mm or more;
     Note: 3B001.a.1 includes atomic layer epitaxy (ALE) equipment.
    a.2. Metal Organic Chemical Vapor Deposition (MOCVD) reactors
designed for compound semiconductor epitaxial growth of material
having two or more of the following elements: aluminum, gallium,
indium, arsenic, phosphorus, antimony, or nitrogen;
    a.3. Molecular beam epitaxial growth equipment using gas or
solid sources;
    b. Equipment designed for ion implantation and having any of the
following:
    b.1. [RESERVED];
    b.2. Being designed and optimized to operate at a beam energy of
20 keV or more and a beam current of 10 mA or more for hydrogen,
deuterium, or helium implant;
    b.3. Direct write capability;
    b.4. A beam energy of 65 keV or more and a beam current of 45 mA
or more for high energy oxygen implant into a heated semiconductor
material ``substrate''; or
    b.5. Being designed and optimized to operate at beam energy of
20keV or more and a beam current of 10mA or more for silicon implant
into a semiconductor material ``substrate'' heated to 600 [deg]C or
greater;
* * * * *
    h. Multi-layer masks with a phase shift layer not specified by
3B001.g and having any of the following:
    h.1. Made on a mask ``substrate blank'' from glass specified as
having less than 7 nm/cm birefringence; or
    h.2. Designed to be used by lithography equipment having a light
source wavelength less than 245 nm;
    Note: 3B001.h. does not control multi-layer masks with a phase
shift layer designed for the fabrication of memory devices not
controlled by 3A001.
* * * * *

0
30. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3, ECCN 3C002 is amended by:
0
a. Revising the GBS and CIV paragraphs of the License Exceptions
section; and
0
b. Revising the Related Definitions and Items paragraphs in the List of
Items Controlled section, to read as follows:

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

License Exceptions

    LVS: * * *
    GBS: Yes for 3C002.a provided that they are not also controlled
by 3C002.b through .e.
    CIV: Yes for 3C002.a provided that they are not also controlled
by 3C002.b through .e.

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: N/A
    Items:
    a. Resists designed for semiconductor lithography as follows:
    a.1. Positive resists adjusted (optimized) for use at
wavelengths less than 245 nm but equal to or greater than 15 nm;
    a.2. Resists adjusted (optimized) for use at wavelengths less
than 15 nm but greater than 1 nm;
    b. All resists designed for use with electron beams or ion
beams, with a sensitivity of 0.01 [mu]coulomb/mm\2\ or better;
    c. [RESERVED]
    d. All resists optimized for surface imaging technologies;
    e. All resists designed or optimized for use with imprint
lithography equipment specified by 3B001.f.2 that use either a
thermal or photo-curable process.

0
31. Supplement No. 1 to Part 774 (the Commerce Control List), Category
4, ECCN 4D001 is amended by revising paragraph .a in the Items
paragraph of the List of Items Controlled section, to read as follows:

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

List of Items Controlled

* * * * *
Items:

    a. ``Software'' specially designed or modified for the
``development'' or ``production'', of equipment or ``software''
controlled by 4A001, 4A003, 4A004, or 4D (except 4D980, 4D993 or
4D994).
* * * * *

0
32. Supplement No. 1 to Part 774 (the Commerce Control List), Category
5, Part 1, ECCN 5A001 is amended by:
0
a. Revising the License Requirements section;
0
b. Revising the LVS paragraph in the License Exception section; and
0
c. Revising paragraphs .f, .h, and .i in the Items paragraph of the
List of Items Controlled, to read as follows:

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

License Requirements

Reason for Control: NS, SL, AT

                Control(s)                          Country Chart

NS applies to 5A001.a, .e, .b.5, f.3 and    NS Column 1
 .h..
NS applies to 5A001.b (except .b.5), .c,    NS Column 2
 .d, .f (except f.3), and .g..
SL applies to 5A001.f.1...................  A license is required for
                                             all destinations, as
                                             specified in Sec.   742.13
                                             of the EAR. Accordingly, a
                                             column specific to this
                                             control does not appear on
                                             the Commerce Country Chart
                                             (Supplement No. 1 to Part
                                             738 of the EAR).
                                            Note to SL paragraph: This
                                             licensing requirement does
                                             not supersede, nor does it
                                             implement, construe or
                                             limit the scope of any
                                             criminal statute,
                                             including, but not limited
                                             to the Omnibus Safe Streets
                                             Act of 1968, as amended.
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. See
Sec.  740.2(a)(3) of the EAR for restrictions on the use of License
Exceptions for 5A001.f.1.

License Exceptions

LVS: N/A for 5A001.a, b.5, .e, f.3 and .h;

    $5000 for 5A001.b.1, .b.2, .b.3, .b.6, .d, f.2, f.4, and .g;
    $3000 for 5A001.c.
* * * * *

List of Items Controlled

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

    f. Mobile telecommunications interception or jamming equipment,
and monitoring equipment therefor, as follows, and specially
designed components therefor:
    f.1. Interception equipment designed for the extraction of voice
or data, transmitted over the air interface;
    f.2. Interception equipment not specified in 5A001.f.1, designed
for the extraction of client device or subscriber identifiers (e.g.,
IMSI, TIMSI or IMEI), signaling, or other metadata transmitted over
the air interface;
    f.3. Jamming equipment specially designed or modified to
intentionally and selectively interfere with, deny, inhibit, degrade
or seduce mobile telecommunication services and performing any of
the following:
    f.3.a. Simulate the functions of Radio Access Network (RAN)
equipment;
    f.3.b. Detect and exploit specific characteristics of the mobile
telecommunications protocol employed (e.g., GSM); or
    f.3.c. Exploit specific characteristics of the mobile
telecommunications protocol employed (e.g., GSM);
    f.4. Radio Frequency (RF) monitoring equipment designed or
modified to identify the operation of items specified in 5A001.f.1,
5A001.f.2 or 5A001.f.3.
    Note: 5A001.f.1 and 5A001.f.2 do not apply to any of the
following:
    a. Equipment specially designed for the interception of analog
Private Mobile Radio (PMR), IEEE 802.11 WLAN;
    b. Equipment designed for mobile telecommunications network
operators; or
    c. Equipment designed for the ``development'' or ``production''
of mobile telecommunications equipment or systems.
    N.B. 1: See also the International Traffic in Arms Regulations
(ITAR) (22 CFR Parts 120-130). For items specified by 5A001.f.1
(including as previously specified by 5A001.i), see also5A980 and
the U.S. Munitions List (22 CFR part 121).
    N.B. 2: For radio receivers see 5A001.b.5.
* * * * *
    h. Counter Improvised Explosive Device (IED) equipment and
related equipment, as follows:
    h.1. Radio Frequency (RF) transmitting equipment, not specified
by 5A001.f, designed or modified for prematurely activating or
preventing the initiation of Improvised Explosive Devices (IEDs);
    h.2. Equipment using techniques designed to enable radio
communications in the same frequency channels on which co-located
equipment specified by 5A001.h.1 is transmitting.
    N.B.: See also Category XI of the International Traffic in Arms
Regulations (ITAR) (22 CFR Parts 120-130).
    i. [RESERVED]
    N.B.: See 5A001.f.1 for items previously specified by 5A001.i.

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33. Supplement No. 1 to Part 774 (the Commerce Control List), Category
5, Part 1, ECCN 5A980 is amended by revising the Heading and the List
of Items Controlled section, to read as follows:

5A980 Devices primarily useful for the surreptitious interception of
wire, oral, or electronic communications, other than those
controlled under 5A001.f.1; and parts and accessories therefor.
* * * * *

List of Items Controlled

Unit: $ value.
Related Controls: (1) See ECCN 5A001.f.1 for systems or equipment,
specially designed or modified to intercept and process the air
interface of 'mobile telecommunications', and specially designed