[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Proposed Rules]
[Pages 25797-25821]
[FR Doc No: 2015-10353]

Vol. 80

Tuesday,

No. 86

May 5, 2015

Part II

Department of Commerce

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Bureau of Industry and Security

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15 CFR Parts 734, 740, 742, et al.

Department of State

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22 CFR Part 121

Revisions to the Export Administration Regulations (EAR): Control of
Fire Control, Range Finder, Optical, and Guidance and Control Equipment
the President Determines No Longer Warrant Control Under the United
States Munitions List (USML); Amendment to the International Traffic in
Arms Regulations: Revision of U.S. Munitions List Category XII;
Proposed Rules

Federal Register / Vol. 80 , No. 86 / Tuesday, May 5, 2015 / Proposed
Rules

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 734, 740, 742, 744, 772, and 774

[Docket No. 140221170-4170-01]
RIN 0694-AF75

Revisions to the Export Administration Regulations (EAR): Control
of Fire Control, Range Finder, Optical, and Guidance and Control
Equipment the President Determines No Longer Warrant Control Under the
United States Munitions List (USML)

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Proposed rule.

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SUMMARY: This proposed rule describes how articles the President
determines no longer warrant control under Category XII (Fire Control,
Range Finder, Optical and Guidance and Control Equipment) of the United
States Munitions List (USML) of the International Traffic in Arms
Regulations (ITAR) would be controlled under the Commerce Control List
(CCL) by creating new ``600 series'' Export Control Classification
Numbers (ECCN)s 6A615, 6B615 and 6D615 for military fire control, range
finder, and optical items, by revising ECCN 7A611 and by creating new
ECCNs 7B611, 7C611 and 7E611 for military optical and guidance items.
In addition, for certain night vision items currently subject to the
Export Administration Regulations (EAR), this rule proposes to expand
the scope of control, eliminate the use of some license exceptions, and
create new ECCNs for certain software and technology related to night
vision items. This proposed rule would also expand the scope of end-use
restrictions on certain exports and reexports of certain cameras,
systems, or equipment and expand the scope of military commodities
described in ECCN 0A919.

DATES: Comments must be received by July 6, 2015.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Search for this rule using its regulations.gov docket number: BIS-2015-
0016.
     By email directly to<EMAIL_ADDRESS>Include
RIN 0694-AF75 in the subject line.
     By mail or delivery to Regulatory Policy Division, Bureau
of Industry and Security, U.S. Department of Commerce, Room 2099B, 14th
Street and Pennsylvania Avenue NW., Washington, DC 20230. Refer to RIN
0694-AF75.

FOR FURTHER INFORMATION CONTACT: Dennis Krepp, Office of National
Security and Technology Transfer Controls, Bureau of Industry and
Security, Telephone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    This proposed rule is part of the Administration's Export Control
Reform Initiative, the objective of which is to protect and enhance
U.S. national security interests. The Initiative began in August 2009
when President Obama directed the Administration to conduct a broad-
based review of the U.S. export control system to identify additional
ways to enhance national security. Once the Department of State's
International Traffic in Arms Regulations (ITAR) and its U.S. Munitions
List (USML) are amended to control only the items that provide the
United States with a critical military or intelligence advantage or
otherwise warrant such controls, and the Export Administration
Regulations (EAR) are amended to control military items that do not
warrant USML controls, the U.S. export control system will enhance
national security by (i) improving interoperability of U.S. military
forces with allied countries, (ii) strengthening the U.S. industrial
base by, among other things, reducing incentives for foreign
manufacturers to design out and avoid US-origin content and services,
and (iii) allowing export control officials to focus government
resources on transactions that pose greater concern.
    Pursuant to section 38(f) of the Arms Export Control Act (AECA),
the President is obligated to review the USML ``to determine what
items, if any, no longer warrant export controls under'' the AECA. The
President must report the results of the review to Congress and wait 30
days before removing any such items from the USML. The report must
``describe the nature of any controls to be imposed on that item under
any other provision of law.'' 22 U.S.C. 2778(f)(1).
    BIS has published and will continue to publish additional Federal
Register notices containing proposed amendments to the CCL that
describe proposed controls for additional categories of articles to the
extent the President determines such articles no longer warrant control
under the USML. The State Department will publish concurrently proposed
amendments to the USML that correspond to the BIS notices. BIS will
also publish proposed rules to further align the CCL with the Wassenaar
Arrangement on Export Controls for Conventional Arms and Dual-Use Goods
and Technologies' Munitions List (Wassenaar Arrangement Munitions List
or WAML) and the Missile Technology Control Regime's Equipment,
Software and Technology Annex (MTCR Annex).
    Following the structure set forth in the final rule entitled
``Revisions to the Export Administration Regulations: Initial
Implementation of Export Control Reform'' (78 FR 22660, April 16, 2013)
(``April 16 (initial implementation) rule''), this proposed rule
describes BIS's proposal for controlling under the EAR and its CCL fire
control, range finder, optical, and guidance and control equipment, and
related articles now controlled by the ITAR's USML Category XII. The
proposed changes described in this proposed rule and the corresponding
changes in the State Department's proposed amendment to Category XII of
the USML are based on a review of Category XII by the Defense
Department, which worked with the Departments of State and Commerce in
preparing the proposed amendments. The review was focused on
identifying the types of articles that are currently controlled by USML
Category XII that are either (i) inherently military and otherwise
warrant control on the USML or (ii) if it is a type common to non-
military equipment, possess parameters or characteristics that provide
a critical military or intelligence advantage to the United States, and
that are almost exclusively available from the United States. If an
article satisfied one or both of those criteria, the article remained
on the USML. If an article did not satisfy either standard, but was
nonetheless a type of article that is, as a result of differences in
form and fit, ``specially designed'' for military applications, it was
identified in current or new ECCNs proposed in this notice.
    In the April 16 (initial implementation) rule, BIS created a series
of new ECCNs to control items that would be removed from the USML, or
that are items from the Wassenaar Arrangement on Export Controls for
Conventional Arms and Dual Use Goods and Technologies Munitions List
(Wassenaar Arrangement Munitions List or WAML) that are already
controlled elsewhere on the CCL. That final rule referred to this
series as the ``600 series'' because the third character in each of the
new ECCNs would be a ``6.'' The first two characters of the 600 series
ECCNs serve the same function as any other ECCN as described in Sec.
738.2 of the EAR. The first character is a digit in the range 0 through
9 that identifies the

Category on the CCL in which the ECCN is located. The second character
is a letter in the range A through E that identifies the product group
within a CCL Category. In the 600 series, the third character is the
number 6. With few exceptions, the final two characters identify the
WAML category that covers items that are the same or similar to items
in a particular 600 series ECCN.
    A ``600 series'' ECCN will not be created, however, if an existing
ECCN is subject to controls for reasons other than Anti-Terrorism (AT)
reasons and allows for identification, classification, and control of
items transferred from the USML. Many of the items controlled under
Category XII of the ITAR would also be subject to controls established
by the Wassenaar Arrangement List of Dual-Use Goods and Technologies,
which are reflected in many existing ECCNs on the CCL. Consequently,
for many items, the review identified control parameters to delineate
those items that would remain controlled under USML Category XII of the
ITAR from those that would be subject to the lower threshold controls
identified in the CCL. Accordingly, this proposed rule would revise the
following existing ECCNs: 0A987, optical sighting devices for firearms;
2A984, concealed object detection equipment; 6A004, optical equipment
and components; 6A005, lasers, components, and optical equipment;
6A007, gravity meters and gravity gradiometers; 6A008, radar systems,
equipment, and assemblies; 6A107, gravity meters and gravity
gradiometers; 7A001, accelerometers; 7A002, gyros or angular rate
sensors; 7A003, inertial measurement equipment or systems; 7A005,
Global Navigation Satellite Systems receiving equipment; 7A101,
accelerometers; and 7A102, gyros. In order to maintain consistency with
the Wassenaar Arrangement, proposed revisions to these ECCNs would not
amend the control parameters in the Items paragraph of the ECCNs.
Rather, most amendments add notes to the Related Controls paragraph or
specific subparagraphs of the Items paragraph to reference the
corresponding control under Category XII of the USML.
    The review also identified several sensors and cameras that provide
important night vision capability for military use but are also widely
used in civil products and applications. In order to address the
sensitivity of these items that are currently on the Wassenaar
Arrangement's Dual-Use Control List and thus controlled under ECCNs
6A002 (optical sensors or equipment and components therefor) and 6A003
(cameras, systems or equipment, and components therefor) on the
Commerce Control List, this proposed rule would amend the availability
of License Exceptions STA and APR for certain items; revise the license
review policy; expand the license requirement in Sec.  744.9; expand
software controls related to ECCNs 6A002 and 6A003 by revising ECCNs
6D002, 6D003, and 6D991; and create new ECCNs 6D994 and 6E994 for
repair, maintenance, or overhaul software or technology for ECCNs
6A002, 6A003, or 6A990 commodities. In addition, this proposed rule
proposes to revise controls for certain read-out integrated circuits in
ECCN 6A990 and related software and technology in ECCNs 6D991 and
6E990, as well as newly proposed ECCNs 6D994 and 6E994. To ensure
interagency review of all items in ECCNs 6A002 and 6A990, this proposed
rule would establish a new RS control that would require a license to
export or reexport these commodities, as well as related software and
technology, to all destinations, including Canada. This worldwide RS
control, described further in Sec.  742.6(a)(8), would effectively add
a license requirement for Canada for all exports and reexports of ECCNs
6A002 and 6A990 commodities.
    This proposed rule would also amend ECCN 6A002 to specify that
focal plane arrays controlled under that ECCN include certain focal
plane arrays in a ``permanent encapsulated sensor assembly'', as that
term is proposed to be defined in Sec.  772.1, are subject to the EAR.
Under this proposed rule, focal plane arrays described in ECCN 6A002
that are not in a ``permanent encapsulated sensor assembly'' would be
subject to the ITAR. Although these items are proposed to be subject to
a worldwide license requirement, these commodities would be eligible
for de minimis treatment (unless subject to Sec.  734.4(a)(5)) under
the EAR and clearly included on the CCL, thus addressing concerns
foreign manufacturers have expressed regarding jurisdictional
uncertainty on components incorporated in foreign-made commercial
items.
    This proposed rule would also revise controls pertaining to cameras
classified under ECCN 6A993.a as a result of meeting the criteria to
Note 3.a to ECCN 6A003.b.4.b (i.e., having a maximum frame rate equal
to or less than 9 Hz). The interagency review found that these 9 Hz
cameras have been incorporated into foreign military commodities. As a
result, this proposed rule would amend Sec.  744.9 to include such 9 Hz
cameras and subject them to the license requirements described in that
section. This change is described more fully below. Additionally, this
proposed rule would create new ECCN 0E987 to control technology
required for the development or production of ECCN 0A987 commodities
that incorporate a focal plane array or image intensifier tube.
    For those items being transferred from Category XII of the ITAR
that are not covered by an existing ECCN that have controls for reasons
other than AT reasons, this proposed rule would create (or revise in
the case of 7A611) the following ``600 series'' ECCNs: 6A615, military
fire control, range finder, and optical equipment; 6B615, test,
inspection, and production ``equipment'' and related commodities
``specially designed'' for the ``development'' or ``production'' of
military fire control, range finder, and optical equipment; 6D615,
software ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of military fire control,
range finder, and optical equipment controlled by ECCNs 6A615 or 6B615;
6E615, technology ``required'' for the ``development,'' ``production,''
operation, installation, maintenance, repair, overhaul, or refurbishing
of military fire control, range finder, and optical equipment
controlled by 6A615 or 6B615 or software controlled under 6D615; 7A611,
military guidance and control equipment; 7B611, test, inspection, and
production ``equipment'' and related commodities ``specially designed''
for military guidance and control equipment; 7D611, software
``specially designed'' for the ``development,'' ``production,''
operation, or maintenance of commodities controlled by 7A611 or
equipment controlled by 7B611; and 7E611, technology ``required'' for
the ``development,'' ``production,'' operation, installation,
maintenance, repair, overhaul or refurbishing of commodities controlled
by 7A611, equipment controlled by 7B611, or software controlled by
7D611.
    As the U.S. Government works through the proposed revisions to the
USML and the related proposed new controls on the CCL, the agencies
recognize that some proposed control parameters may control items in
normal commercial use and on the Wassenaar Arrangement's Dual Use List.
BIS believes that multiple perspectives would be beneficial to this
process, and, while welcoming comments from all interested persons
concerning any aspect of this proposed rule, it believes that input
from users of the lists on the following issues would be particularly
helpful.

    (1) A key goal of this rulemaking is to ensure the USML and the CCL
together control all items that meet Wassenaar Arrangement commitments
embodied in USML Category XII. To that end, the public is asked to
identify any potential lack of coverage brought about by the proposed
rules when reviewed together.
    (2) Another key goal of this rulemaking is to identify items
proposed for control on the USML or the CCL that are not controlled on
the Wassenaar Arrangement's Munitions or Dual Use List. The public is
asked to identify any items proposed for control on the CCL that are
not controlled on the Wassenaar Arrangement's Munitions or Dual Use
List.
    (3) A third key goal of this rulemaking is to establish a ``bright
line'' between the USML and the CCL, and between the CCL's 600 series
and the rest of the CCL, for control of the items at issue. The public
is asked to provide specific examples of control criteria that do not
clearly describe items that would be defense articles, and thus do not
establish a ``bright line'' between the USML and the CCL, or between
the 600 series and the rest of the CCL.
    (4) Although the proposed revisions to the USML and the CCL do not
preclude the possibility that items in normal commercial use would or
should be ITAR-controlled because, e.g., they provide the United States
with a critical military or intelligence advantage, or controlled in
the EAR's 600 series controls, the U.S. Government does not want to
inadvertently control items on the ITAR or in the 600 series that are
in normal commercial use. As described in the State Department's
proposed rule, items that would be controlled on the USML have been
identified as possessing parameters or characteristics that provide a
critical military or intelligence advantage. The corresponding 600
series entries would control all other such items not meeting this
standard, but that are nonetheless ``specially designed'' for military
applications. The public is thus asked to provide specific examples of
items, if any, that would be controlled by the revised USML Category
XII or the new 600 series entries proposed in this rule that are now in
normal commercial use and should thus controlled elsewhere on the CCL.
The examples should demonstrate actual commercial use, not just
potential or theoretical use, with supporting documents, as well as
foreign availability of such items.
    (5) If there are any criteria proposed in the revised USML Category
XII or new 600 series entries that the public believes control items in
normal commercial use, the public is asked to identify different
parameters or characteristics that would cover items exclusively or
primarily in military use.
    (6) If there are any criteria the public believes control items in
normal commercial use, the public is asked to identify the multilateral
controls (such as the Wassenaar Arrangement's Dual Use List), if any,
for such items, and the consequences of such items being controlled on
the USML or the 600 series entries.
    (7) BIS seeks public comment on the use of the phrase ``permanent
encapsulated sensor assembly'' in this proposed rule.
    (8) BIS also encourages comments on the proposed expansion of
license requirements and removal of license exception availability on
items, as described in this rule, that are currently exportable without
a license or under a license exception.
    (9) Finally, BIS seeks comments on the impact of the proposed new
license requirements for the export to Canada of items described in
this rule.

Detailed Description of Changes in This Proposed Rule--Increased
Controls for Night Vision Items

    To address concerns regarding the control of night vision items
currently subject to the EAR or proposed to be transferred from USML
Category XII to the CCL, as well as foreign-made military commodities
incorporating night vision items, this proposed rule would revise the
policies for night vision items controlled in Category 6 by amending
Sec. Sec.  734.4(a), 740.16, 740.20, 742.6, and 744.9 of the EAR. These
changes are described more fully herein.

Revisions to Section 734.4

    Section 734.4(a)(5) of the EAR currently provides that there is no
de minimis level for foreign military commodities, as described in ECCN
0A919, that incorporate certain night vision items. Since this proposed
rule would expand the scope of items controlled under ECCN 0A919, as
described further below, Sec.  734.4(a)(5) would also be revised to
reflect changes to that ECCN. Under this proposed rule, there would be
no de minimis level for foreign-made military commodities described in
ECCN 0A919, which incorporate commodities classified under ECCNs 6A002,
6A003, 6A990, or 6A993.a (that meet the criteria of Note 3.a to ECCN
6A003.b.4.b).

Addition to Section 740.2

    Section 740.2 sets forth restrictions on all license exceptions.
This rule would make technology for production of commodities defined
in ECCNs 6A002.a.2 (image intensifier tubes), 6A002.a.3 (certain focal
plane arrays), or 6A990 (read-out integrated circuits specially
designed for focal plane arrays controlled by ECCN 6A003.a.2) and
controlled under ECCNs 6E002 or 6E990 ineligible for any license
exception. The restriction is being proposed because of the potential
use of these tubes, arrays and integrated circuits in night vision
devices.

Availability of License Exception APR

    Section 740.16 of the EAR currently authorizes specified reexports
of items subject to the EAR by certain countries to specified
destinations without individual licenses from BIS. To ensure
appropriate control for items in ECCNs 6A002, 6A003, and 6A990, as well
as items covered by ECCN 0A919 incorporating such items, this rule
proposes to remove APR availability for reexports from Country Group
A:1 or cooperating countries for items described in ECCNs 6A002, 6A003,
and 6A990. However, cameras described in ECCN 6A003 may be exported or
reexported under License Exception APR to and among Albania, Australia,
Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland,
Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, the
Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia,
Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland,
Turkey, and the United Kingdom if such cameras are fully packaged for
use as consumer ready civil products or such cameras with not more than
111,000 elements are to be embedded in civil products. This rule also
would make commodities described in ECCN 0A897 (optical sighting
devices for firearms) that incorporate an image intensifier tube
ineligible for export to and among countries in Country Group A:1 and
cooperating countries under License Exception APR because of the night
vision capability of those devices.

Availability of License Exception STA

    The EAR currently restricts the use of License Exception STA for
specific commodities controlled by ECCNs 6A002 or 6A003, as well as
related technology controlled by 6E001 or 6E002, for export or reexport
to countries listed in Sec.  740.20(c)(2). By amending Sec.
740.20(b)(2), this rule proposes to remove License Exception STA
availability for newly-proposed technology controlled under ECCN 0E987;
all commodities controlled under ECCN 6A002; commodities

controlled under ECCN 6A990; software controlled under ECCN 6D002 for
the ``use'' of commodities controlled under ECCN 6A002.b; software
controlled under ECCN 6D003.c; software controlled under ECCN 6D991 for
the ``development,'' ``production,'' or ``use'' of commodities
controlled under ECCNs 6A002, 6A003, or 6A990; software controlled
under new ECCN 6D994; technology controlled under ECCN 6E001 for the
``development'' of commodities controlled under ECCNs 6A002 or 6A003;
technology controlled under ECCN 6E002 for the ``production'' of
commodities controlled under ECCNs 6A002 or 6A003; technology
controlled under ECCN 6E990; and technology controlled under new 6E994.

Revisions to Regional Stability Licensing Policy

    Section 742.6 sets forth controls that support U.S. foreign policy
to maintain regional stability. This proposed rule would add new Sec.
742.6(a)(8) to require a license worldwide for the export or reexport
of some Category 0 and 6 items. Specifically, the new provision would
pertain to: Commodities described in ECCNs 6A002 or 6A990; ``software''
described in ECCN 6D002 for the ``use'' of ECCN 6A002.b commodities;
``software'' described in ECCN 6D003.c; ``software'' described in ECCN
6D991 for the ``development,'' ``production,'' or ``use'' of ECCN
6A002, 6A003, or 6A990 commodities; ``software'' described in ECCN
6D994; ``technology'' described in ECCN 0E987; ``technology'' described
in ECCN 6E001 for the ``development'' of ECCN 6A002 or 6A003
commodities; ``technology'' described in ECCN 6E002 for the
``production'' of ECCN 6A002 or 6A003 commodities; ``technology''
described in ECCN 6E990; and ``technology'' described in ECCN 6E994.
    With the exception of military commodities controlled under ECCN
0A919, license applications for all commodities described above subject
to the worldwide RS control will be reviewed on a case-by-case basis,
as described in Sec.  742.6(b)(1)(ii). However, license applications
for all items described in the above paragraph, including military
commodities controlled under ECCN 0A919, would be subject to ITAR
licensing policies for exports or reexports of such items to military
end users described in Sec.  744.9(d) or for incorporation into a
``military commodity'' controlled by ECCN 0A919.
    This rule further proposes to revise Sec.  742.6(b)(1) to set forth
a presumption of denial for exports or reexports of software controlled
under ECCNs 6D002 (for the ``use'' of ECCN 6A002.b commodities),
6D003.c, and 6D991 (for the ``development,'' ``production,'' or ``use''
of commodities controlled under ECCNs 6A002, 6A003, or 6A990). Software
controlled under ECCN 6D994, however, would be reviewed on a case-by-
case basis.
    With respect to technology, this proposed rule would revise Sec.
742.6(b)(1) to set forth a presumption of denial for exports or
reexports of technology controlled under ECCNs 0E987, 6E001 (for
``development'' of ECCN 6A002 or 6A003 commodities), 6E002 (for
``production'' of ECCN 6A002 or 6A003 commodities except for technology
required for integration, mounting, inspection, testing, or quality
assurance), and 6E990. However, applications for ECCN 6E002 ``build-to-
print technology'' that is required for integration, mounting,
inspection, testing, or quality assurance would be reviewed on a case-
by-case basis.
    This rule also would add ECCN 6A003.b (certain imaging cameras) to
Sec.  742.6(b)(1)(iii)(C) to apply the license application review
policy of the ITAR if being exported or reexported for incorporation
into a ``military commodity'' controlled by ECCN 0A919.
    Finally, this rule proposes no substantive changes to the existing
licensing policy described in current Sec.  742.6(b)(1), but this rule
does propose to re-structure the description of those policies under
Sec.  742.6(b)(1)(i)-(b)(1)(iv).

Revisions to End-Use/End-User Controls

    Section 744.9 currently requires a license for the export or
reexport to any destination other than Canada for cameras controlled by
ECCNs 6A003.b.3, 6A003.b.4.b, or 6A003.b.4.c when the exporter knows or
is informed that the item is intended to be used by a ``military end-
user'' or to be incorporated into a ``military commodity'' controlled
by ECCN 0A919, in addition to other applicable license requirements in
the EAR.
    This proposed rule would revise Sec.  744.9 to require a license
for exports, reexports, or transfers (in-country) of commodities
controlled by ECCN 0A987 (incorporating items in ECCNs 6A002 and 6A003,
or certain cameras in 6A993.a), ECCN 6A002, ECCN 6A003, ECCN 6A990,
ECCN 6A993.a commodities meeting the criteria of Note 3.a to ECCN
6A003.b.4.b., ECCN 8A002.d.1.c, and ECCN 8A002.d.2, when the exporter
or reexporter knows or is informed that the item is intended to be used
by a ``military end-user'' or to be incorporated into a ``military
commodity'' controlled by ECCN 0A919. Commodities controlled by ECCN
6A993.a as a result of meeting the criteria of Note 3.a to ECCN
6A003.b.4.b are cameras with a maximum frame rate equal to or less than
9 Hz. Although these 9 Hz cameras are subject only to Anti-Terrorism
controls, the U.S. Government determined that 9 Hz cameras are used in
foreign-made military commodities and thus merited inclusion in Sec.
744.9.
    License applications submitted as a result of the proposed
revisions of Sec.  744.9 would be reviewed under the ITAR licensing
policy described in Sec. Sec.  742.6(b)(1)(iii) and 744.9(c).

Addition of Definition to Part 772

    To more precisely address the jurisdictional split for focal plane
arrays described in ECCN 6A002, this rule proposes to add a definition
for focal plane arrays in a ``permanent encapsulated sensor assembly.''
Focal plane arrays described in ECCN 6A002 that are focal plane arrays
in a ``permanent encapsulated sensor assembly'' and are not otherwise
subject to the ITAR would be subject to the EAR, while focal plane
arrays described in ECCN 6A002 that are not in a ``permanent
encapsulated sensor assembly'' would be subject to the ITAR.

Revisions to ECCN 0A919

    ECCN 0A919 currently controls ``military commodities'' produced and
located outside the United States that are not subject to the ITAR, and
incorporate one or more cameras controlled under ECCNs 6A003.b.3,
6A003.b.4.b, or 6A003.b.4.c. In addition, ECCN 0A919 controls such
``military commodities'' if they incorporate more than a de minimis
amount of U.S.-origin 600 series content or are the direct products of
U.S.-origin 600 series technology or software.
    To control the reexport of such military commodities that
incorporate a wider group of items on the CCL, this proposed rule would
revise ECCN 0A919 to control military commodities produced outside the
United States that are not subject to the ITAR, and have any of the
following characteristics: (i) Incorporate one or more commodities
classified under ECCNs 6A002, 6A003, or 6A990; (ii) incorporate one or
more commodities controlled under ECCN 6A993.a as a result of meeting
the criteria specified in Note 3.a to ECCN 6A003.b.4.b (i.e., having a
maximum frame rate equal to or less than 9 Hz); (iii) incorporate more
than a de minimis amount of U.S.-origin ``600 series'' controlled
content; or (iv) are direct products of U.S.-origin ``600 series''
technology.

Establishment of ECCN 0E987

    This proposed rule would create a new ECCN for technology required
for the ``development'' or ``production'' of commodities controlled by
ECCN 0A987, if such commodities incorporate a focal plane array or
image intensifier tube. ECCN 0E987 would be subject to a worldwide RS
control and Anti-Terrorism (AT Column 1) control. In addition, items
controlled by 0E987 would not be eligible for License Exception STA.

Revisions to ECCN 6A002

    ECCN 6A002 currently controls specified optical sensors or
equipment and components therefor. The Department of State's proposed
rule for Category XII, which is being published concurrently with this
rule, enumerates certain optical sensors and components, such as image
intensifier tubes and focal plane arrays, that are subject to the ITAR.
Consequently, this proposed rule adds references to the ITAR in the
Related Controls paragraph of ECCN 6A002, as well as references to ECCN
0A919, Sec.  744.9, and other related ECCNs.
    ECCN 6A002 is currently subject to National Security (NS), Missile
Technology (MT), Crime Control (CC), RS, Anti-Terrorism (AT), and
United Nations (UN) reasons for control. To ensure interagency review
of any proposed export or reexport of an ECCN 6A002 commodity, this
proposed rule would revise this ECCN's RS control to require a license
for all destinations, including Canada, for the entire entry. The
proposed worldwide RS control eliminates the need to maintain the
current RS column 1 control. Consequently, this proposed rule would
revise the License Requirements section of ECCN 6A002 accordingly.
Also, this rule proposes to add notes within the Items paragraph of the
ECCN to further specify when items described in ECCN 6A002 (and on the
Wassenaar Arrangement's Lists of Dual-Use Goods and Technologies) would
be subject to the ITAR.

Revisions to ECCN 6A003

    ECCN 6A003 currently controls specified cameras, systems or
equipment and components therefor. Under the Department of State's
proposed rule, Category XII(c) more positively enumerates certain items
that are also described by ECCN 6A003. Consequently, this proposed rule
adds a reference to USML Category XII(c) in the Related Controls
paragraph of ECCN 6A003. Also, this rule revises the Related Controls
references to ECCN 0A919 and Sec.  744.9 to reflect the expansion of
the applicability of those provisions to all of ECCN 6A003.

Revisions to ECCN 6A990

    Under the Department of State's proposed rule to revise USML
Category XII, certain read-out integrated circuits would be controlled
under XII(e). Read-out integrated circuits (ROICs) that are ``specially
designed'' for focal plane arrays controlled under ECCN 6A002.a.3 would
be classified under ECCN 6A990 and subject to the worldwide RS control
described in Sec.  742.6(a)(8). In addition, these items would not be
eligible for License Exception STA and would be subject to the
limitations on the use of License Exception APR in Sec.  740.16(a)(2)
and (b)(2). This rule also proposes to insert references to Category
XII(e), ECCN 0A919, and Sec.  744.9 under the Related Controls
paragraph. Also, this rule would allow for the use of License Exception
LVS for this ECCN with a $500 value limit. This change would ensure
that controls on ROICs subject to the EAR are not more restrictive than
controls for ROICs proposed to be controlled in USML Category XII(e),
which would be eligible for the exemption in Sec.  123.16(b)(2) of the
ITAR.

Revisions to ECCN 6A993

    As previously mentioned, Sec.  744.9 is proposed to be revised to
require a license for 9 Hz cameras if exported to a ``military end
user'' or if incorporated into a ``military commodity.'' To remind
readers of the applicability of Sec.  744.9 and ECCN 0A919 to 9 Hz
cameras, this rule provides a reference to those provisions under the
Related Controls paragraph of 6A993.

Revisions to ECCNs 6D002, 6D003, and 6D991, and Establishment of 6D994

    The Wassenaar Arrangement's Lists of Dual-Use Goods and
Technologies impose limited controls on software related to commodities
controlled under ECCNs 6A002 and 6A003. As a result, the CCL currently
has the following multilateral and unilateral software controls related
to such items: ECCN 6D002 (software ``specially designed'' for the
``use'' of commodities controlled under ECCN 6A002.b), ECCN 6D003.c
(software designed or modified for cameras incorporating ``focal plane
arrays'' specified by ECCN 6A002.a.3.f and designed or modified to
remove a frame rate restriction and allow the camera to exceed the
frame rate specified in ECCN 6A003.b.4 Note 3.a), and ECCN 6D991
(software specially designed for the ``use'' of commodities controlled
under ECCN 6A002.a.1.d).
    To address concerns regarding the lack of comprehensive software
controls related to commodities controlled under ECCNs 6A002 and 6A003,
as well as read-out integrated circuits in 6A990, this proposed rule
would consolidate existing, unilateral software controls and would
expand them to revise ECCN 6D991 to also control software, not
elsewhere specified, that is ``specially designed'' for the
``development,'' ``production,'' or ``use'' of commodities controlled
by ECCNs 6A002, 6A003, or 6A990. In addition, this proposed rule would
create ECCN 6D994 to control software, not elsewhere specified, that is
``specially designed'' for the maintenance, repair, or overhaul of
commodities controlled by ECCNs 6A002, 6A003, or 6A990. Under this
proposed rule, ECCNs 6D002 (for ECCN 6A002.b commodities only),
6D003.c, 6D991 (for ECCNs 6A002, 6A003, or 6A990), and 6D994 would
impose a worldwide RS control, which would be subject to the licensing
policy described in Sec.  742.6(a)(8). Also, this proposed rule would
remove eligibility to use License Exception TSR for the software
described above in ECCNs 6D002 and 6D003.
    To prevent confusion over multiple ECCNs potentially controlling
the same software, this proposed rule would add language to the Related
Controls paragraphs of ECCNs 6D991 and 6D994 to confirm that software
currently controlled under ECCNs 6D002 and 6D003.c would remain
controlled under those provisions. To reflect this understanding, this
proposed rule would also revise the Related Controls paragraphs of
ECCNs 6D002 and 6D003 to provide references to ECCNs 6D991 and 6D994.
Additionally, to ensure consistency of controls among ECCNs 6D002,
6D003, 6D991, and 6D994, this proposed rule would establish a worldwide
RS control for 6D002 software ``specially designed'' for the ``use'' of
commodities controlled under 6A002.b and for 6D003.c software.

Revisions to ECCNs 6E001 and 6E002

    ECCNs 6E001 and 6E002 currently control ``development'' and
``production'' technology, respectively, related to multiple ECCNs in
Category 6, including items related to night vision in ECCNs 6A002 and
6A003. Since this proposed rule would expand the level of control for
commodities in ECCNs 6A002 and 6A003 by adding a worldwide RS control,
this rule would also add a worldwide RS control for 6E001 technology
related to commodities controlled under ECCNs 6A002 or 6A003.
Similarly, this rule would add a worldwide RS control for

6E002 technology related to commodities controlled under ECCNs 6A002 or
6A003. While this new RS control would remove the need to maintain an
RS column 1 control for such technology, such level of control would
remain for technology related to commodities controlled under ECCN
6A008.j.1. License applications for ECCN 6E001 and 6E002 technology
that are subject to the worldwide RS requirement would be subject to
the licensing policy described in Sec.  742.6(b)(1)(iv). In addition,
this proposed rule would remove eligibility for License Exception TSR
for all 6E001 or 6E002 technology related to commodities controlled
under 6A002 or 6A003, and this proposed rule would add guidance to the
Related Controls paragraphs in ECCNs 6E001 and 6E002 to provide clarity
on technology controls related to satellites and focal plane arrays.

Revisions to ECCN 6E990

    Since this rule proposes to revise the entry for read-out
integrated circuits in ECCN 6A990, which would be subject to a
worldwide RS control, this rule would also revise ECCN 6E990, which
would apply to ``development'' and ``production'' technology for such
read-out integrated circuits. To ensure consistency of control, this
proposed rule would add a worldwide RS license requirement, as
described in Sec.  742.6(a)(8), for such technology.

Establishment of ECCN 6E994

    Since not all technology moving from USML Category XII to the CCL
would be controlled under ECCN 6E615 or 7E611, this proposed rule would
create new ECCN 6E994 to control technology required for the repair,
maintenance, or overhaul of commodities controlled under ECCNs 6A002,
6A003, or 6A990. Such technology is not currently controlled under
existing technology ECCNs in Category 6. Technology controlled under
ECCN 6E994 would be subject to an RS control, which would impose a
worldwide license requirement. License applications for 6E994
technology would be reviewed on a case-by-case basis, as described in
proposed Sec.  742.6(b)(1)(ii).

Detailed Description of Changes Proposed by This Rule--Establishment of
``600 Series'' for Military Fire Control, Range Finder, and Optical
Equipment Under New ECCNs 6A615, 6B615, 6D615, and 6E615

    This proposed rule would create new ECCN 6A615 to control fire
control, range finder, and optical commodities that would be removed
from the USML and would not be covered by an existing ECCN subject to
controls for reasons other than Anti-Terrorism (AT) reasons. ECCN
6A615.a through .c controls light detection and ranging (LIDAR), laser
detection and ranging (LADAR), or laser range-gated systems or
equipment having a resolution (i.e., ground point spacing) less
(better) than 0.4 m from an altitude above ground level of 16,500 ft.
or greater, and incorporating a gimbal-mounted transmitter or beam
director; certain gimbals permanently configured to contain a camera
payload operating exclusively in the visible spectrum (i.e., 400 nm to
760 nm); and certain zinc selenide, zinc sulfide, germanium, or
chalcogenide optics blanks. ECCN 6A615.d through .g is proposed to
control weapon sights, weapon aiming systems or equipment, and weapon
imaging systems (e.g., clip-ons) or equipment having a peak response
wavelength exceeding 700 nm but not exceeding 1,000 nm and not
controlled under USML Category XII or ECCN 0A987; targeting or target
location systems or equipment incorporating or ``specially designed''
to incorporate a laser rangefinder controlled in USML Category
XII(b)(3); mobile reconnaissance, scout, or surveillance systems or
equipment providing real-time target location and not controlled in
USML Category XII; and certain combat vehicle, tactical wheeled
vehicle, naval vessel, or aircraft pilotage systems or equipment. ECCN
6A615.h through .w are reserved. Paragraph .x is proposed to control
``parts,'' ``components,'' ``accessories,'' and ``attachments'' that
are ``specially designed'' for a commodity controlled by ECCN 6A615
(except 6A615.y) or a defense article in Category XII and not
controlled elsewhere on the USML or in ECCNs 6A615.y or 3A611.y. Items
controlled under 6A615 (excluding 6A615.y) would be controlled for NS,
RS, AT, and UN reasons. Paragraph .y controls specific ``parts,''
``components,'' ``accessories,'' and ``attachments'' ``specially
designed'' for a commodity subject to control in ECCN 6A615 and not
elsewhere specified on the USML or in the CCL, as well as ``parts,''
``components,'' ``accessories,'' and ``attachments'' ``specially
designed'' therefor. No items are listed in 6A615.y under this proposed
rule, but should any items be added, they would be subject to AT
controls only.
    New ECCN 6B615 would control test, inspection, and production
equipment and related commodities ``specially designed'' for the
``development'' or ``production'' of commodities described in ECCN
6A615 or military fire control, range finder, and optical equipment
described in USML Category XII. Paragraph .a would impose controls on
test, inspection, and production equipment ``specially designed'' for
items controlled in ECCN 6A615 (excluding any items to be added to
6A615.y) or USML Category XII that are not enumerated in USML Category
XII or controlled by a ``600 series'' ECCN. Paragraph .b would control
environmental test facilities ``specially designed'' for certification,
qualification, or testing of commodities controlled in ECCN 6A615
(except 6A615.y) or USML Category XII that are not enumerated in USML
Category XII or a ``600 series'' ECCN. ECCN 6B615.c through .w would be
reserved. Paragraph .x would control ``parts,'' ``components,''
``accessories,'' and ``attachments'' that are ``specially designed''
for such test, inspection and production end items and equipment that
are not enumerated on the USML or controlled by another ``600 series''
ECCN. Items in ECCN 6B615 would be controlled for NS, RS, AT, and UN
reasons.
    New ECCN 6D615 would control software ``specially designed'' for
the ``development,'' ``production,'' operation, or maintenance of
commodities controlled by 6A615 or 6B615. Such software would be
controlled for NS, RS, AT, and UN reasons, with the exception of any
software that would be added to 6D615.y, which would be controlled for
AT reasons only.
    New ECCN 6E615 would control ``technology'' ``required'' for the
``development,'' ``production,'' operation, installation, maintenance,
repair, overhaul, or refurbishing of items controlled by 6A615, 6B615,
or 6D615. Such technology would be controlled for NS, RS, AT, and UN
reasons, with the exception of any technology that would be added to
6E615.y, which would be controlled for AT reasons only.

Detailed Description of Changes Proposed by This Rule--Revisions to the
CCL for Guidance and Control Equipment

Establishment of ``600 Series'' for Military Guidance and Control
Equipment Under ECCNs 7A611, 7B611, 7D611, and 7E611

    This proposed rule would establish a ``600 series'' under ECCNs
7A611, 7B611, 7D611, and 7E611 for military guidance and control
equipment, software, and technology. Categories 6 and 7 of the CCL
currently control certain guidance and control equipment

that correlate to guidance and control equipment currently in USML
Category XII. In order to ease understanding and use of this ``600
series,'' BIS is proposing to consolidate such controls under Category
7 rather than both Categories 6 and 7. However, should readers look for
military guidance and control equipment, such as gravity meters
(gravimeters), under Category 6, this proposed rule would amend ECCN
6A611 to refer readers to Category 7 for such items. ECCN 6A611 was
added to the CCL by a previously published final rule entitled
Revisions to the Export Administration Regulations (EAR): Control of
Military Electronic Equipment and Other Items the President Determines
No Longer Warrant Control Under the United States Munitions List
(USML), 79 FR 37551 (July 1, 2014). Also, to assist readers in locating
controls for navigation and avionics items ``specially designed'' for a
military application, this proposed rule would move the current heading
of ECCN 7A611 into the Related Controls paragraph of proposed ECCN
7A611.
    Under this proposed ``600 series,'' ECCN 7A611 would control
military guidance and control equipment that would be removed from USML
Category XII and that are not covered by an existing ECCN subject to
controls for reasons other than Anti-Terrorism (AT) reasons. Paragraph
.a would control guidance, navigation, or control systems ``specially
designed'' for a defense article enumerated on the USML or for a ``600
series'' ECCN and meeting any of the parameters described in 7A611.a.1
through a.5. Paragraph .b would control inertial measurement units,
inertial reference units, or attitude and heading reference systems
``specially designed'' for a defense article enumerated on the USML or
for a ``600 series'' ECCN, and incorporating accelerometers controlled
by 7A611.c.1 or certain gyros controlled by 7A611.d. Paragraph .c would
control accelerometers ``specially designed'' for a defense article
enumerated on the USML or for a ``600 series'' ECCN and meeting any of
the parameters described in 7A611.c.1 through c.3. Paragraph .d would
control gyros ``specially designed'' for a defense article enumerated
on the USML or for a ``600 series'' ECCN and meeting any of the
parameters described in 7A611.d.1 through d.3. Paragraph .e would
control gravity meters (gravimeters) ``specially designed'' for a
defense article enumerated on the USML or for a ``600 series'' ECCN,
and having automatic motion compensation and an accuracy of less
(better) than 2 mGal and greater (worse) than 1 mGal. Paragraphs .f
through .w would be reserved. Paragraph .x would control ``parts,''
``components,'' ``accessories,'' and ``attachments'' that are
``specially designed'' for a commodity controlled by ECCN 7A611 (except
7A611.y) or a guidance and control defense article in USML Category XII
and not controlled elsewhere on the USML or in 7A611.y or 3A611.y. All
items controlled under 7A611 (excluding 7A611.y) would be controlled
for NS, RS, AT, and UN reasons, while some of such items would also be
controlled for MT reasons. Paragraph .y would control specific
``parts,'' ``components,'' ``accessories,'' and ``attachments''
``specially designed'' for a commodity subject to control in ECCN
7A611, or a guidance and control defense article in USML Category XII
and not elsewhere specified on the USML or in the CCL, and ``parts,''
``components,'' ``accessories,'' and ``attachments'' ``specially
designed'' therefor. No items would be listed in 7A611.y under this
proposed rule, but should any items be added, they would be subject to
AT controls only.
    New ECCN 7B611 would impose controls on test, inspection, and
production equipment and related commodities ``specially designed'' for
military guidance and control equipment. Paragraph .a would control
such equipment ``specially designed'' for the ``production,''
``development,'' repair, overhaul, or refurbishing of items controlled
in ECCN 7A611 or guidance and control items in USML Category XII that
are not enumerated in USML Category XII or controlled by a ``600
series'' ECCN. Paragraph .b would control environmental test facilities
``specially designed'' for certification, qualification, or testing of
commodities controlled in ECCN 7A611 (except 7A611.y) or guidance and
control commodities in USML Category XII that are not enumerated in
USML Category XII or a ``600 series'' ECCN. Paragraphs .c through .w
are reserved. Paragraph .x would control parts, components,
accessories, and attachments that are ``specially designed'' for such
test, inspection and production equipment that are not enumerated on
the USML or controlled by another ``600 series'' ECCN. Items in ECCN
7B611 would be controlled for NS, RS, AT, and UN reasons, with some
items also being controlled for MT reasons.
    New ECCN 7D611 would control software ``specially designed'' for
the ``development,'' ``production,'' operation, or maintenance of
commodities controlled by 7A611 or equipment controlled by 7B611. Such
software would be controlled for NS, RS, AT, and UN reasons, with some
software also being controlled for MT reasons. Any software added to
7D611.y would be controlled for AT reasons only. ``Development'' and
``production'' software described in 7D611.a would not be eligible for
License Exception STA.
    New ECCN 7E611 would control technology ``required'' for the
``development,'' ``production,'' operation, installation, maintenance,
repair, overhaul, or refurbishing of items controlled by 7A611, 7B611,
or 7D611. Such technology would be controlled for NS, RS, AT, and UN
reasons, with some technology also being controlled for MT reasons. Any
technology added to 7E611.y would be controlled for AT reasons only.
``Development'' and ``production'' technology described in 7E611.a
would not be eligible for License Exception STA.

Revisions to ECCNs 6A007 and 6A107

    ECCNs 6A007 and 6A107 currently control certain gravity meters
(gravimeters) and gravity gradiometers. Under the State Department's
proposed rule, gravity meters and gravity gradiometers subject to the
ITAR would be controlled under USML Category XII(d)(4) and (d)(5),
respectively. Consequently, this proposed rule would add references to
the Related Controls paragraphs of ECCNs 6A007 and 6A107 to refer
readers to Category XII(d)(4) and (d)(5), as well as to gravity meters
controlled under proposed ECCN 7A611.

Revisions to ECCNs 7A001 and 7A101

    ECCN 7A001 currently controls linear accelerometers in ECCN 7A001.a
and angular or rotational accelerometers in ECCN 7A001.b that meet the
parameters identified in those provisions. These parameters serve as
the threshold for control under the Wassenaar Arrangement List of Dual-
Use Goods and Technologies. Under the State Department's proposed rule,
proposed Category XII(d)(2) identifies those parameters for
accelerometers that would be subject to the ITAR. This proposed rule
would add language to the Related Controls paragraph of ECCN 7A001 to
refer readers to Category XII(d)(2) to help ensure jurisdictional
clarity. Additionally, this rule proposes to add a reference to ECCN
7A611 for accelerometers controlled under the new 600 series.
    ECCN 7A101 controls accelerometers other than those controlled
under ECCN 7A001. As with the amendment to ECCN 7A001, this proposed
rule would also add language to the Related

Controls section of ECCN 7A101 to refer readers to the State
Department's Category XII(d)(2) for accelerometers subject to the ITAR
and to ECCN 7A611 for accelerometers controlled under the new 600
series.

Revisions to ECCNs 7A002 and 7A102

    ECCN 7A002 controls gyros or angular rate sensors that meet the
specifications set forth in the Wassenaar Arrangement List of Dual-Use
Goods and Technologies. Under the State Department's proposed rule,
proposed Category XII(d)(3) identifies those gyros that would be
subject to the ITAR and distinguishes them from gyros subject to the
EAR that meet the parameters established by the Wassenaar Arrangement.
As such, this proposed rule would amend the Related Controls paragraph
of ECCN 7A002 to add a reference to gyros controlled under proposed
Category XII(d)(3). For gyros and angular rate sensors proposed to be
moved from Category XII to the new 600 series, this rule proposes to
add a reference to ECCN 7A611.
    ECCN 7A102 controls gyros, other than those controlled under ECCN
7A002. As with the amendment to ECCN 7A002, this proposed rule would
also add language to the Related Controls section of ECCN 7A102 to
refer readers to the State Department's Category XII(d)(3) for gyros
subject to the ITAR and to ECCN 7A611 for gyros controlled under the
new ``600 series.'' This rule would also add references to ECCNs 7A002
and 7A994.

Revisions to ECCN 7A003

    ECCN 7A003 controls inertial measurement equipment or systems that
meet the parameters set forth in the Wassenaar Arrangement List of
Dual-Use Goods and Technologies. Largely using many of the parameters
identified by Wassenaar, proposed Category XII(d)(1) sets the threshold
for guidance or navigation systems to be subject to the ITAR. As a
result, this proposed rule would amend the Related Controls paragraph
of ECCN 7A003 to refer readers to Category XII(d)(1) for such systems.
In addition, this rule proposes to add a reference to ECCN 7A611 for
inertial measurement units, inertial reference units, or heading
reference systems controlled under the new ``600 series.''

Detailed Description of Changes Proposed by This Rule--Revisions to
Other ECCNs

Revisions to ECCN 0A987

    ECCN 0A987 currently controls specified optical sighting devices,
and this proposed rule revises ECCN 0A987.f to specify that the entry
controls laser aiming devices or laser illuminators designed for use on
firearms, and having an operational wavelength exceeding 400 nm but not
exceeding 710 nm with an output power less than or equal to 5 mW. A
proposed note to ECCN 0A987.f would further specify that the entry does
not control laser boresighting devices that must be placed in the bore
or chamber to provide a reference for aligning the firearms sights.
This proposed rule would also provide jurisdictional guidance in the
Related Controls paragraph to more clearly delineate jurisdiction
between USML Category XII and ECCN 0A987.

Revisions to ECCN 2A984

    ECCN 2A984 currently controls concealed object detection equipment
that operates in the frequency range from 30 GHz to 3000 GHz and has a
spatial resolution of 0.5 milliradians up to and including 1
milliradian at a standoff distance of 100 meters. Under the Department
of State's proposed revisions to USML Category XII, terahertz imaging
equipment or systems having a peak response in the same frequency range
but having a better resolution (i.e., resolution less than 0.5
milliradians at a standoff range of 100 meters) would be controlled
under XII(c)(17). Consequently, this proposed rule would add a
reference to Category XII(c)(17) of the Related Controls paragraph of
ECCN 2A984.
    No items would move from the USML to ECCN 2A984 as a result of this
proposed amendment. Rather, this proposed amendment helps establish a
bright line to determine export control jurisdiction for these items.

Revisions to ECCN 6A004

    ECCN 6A004 currently controls optical equipment and components,
including gimbals meeting a number of parameters, including slew,
bandwidth, angular pointing error, diameter, and angular acceleration.
The Department of State proposes to control gimbals under Category
XII(c) based on number of axes of active stabilization, minimum root-
mean-square stabilization, and in some instances whether they are
``specially designed'' for items controlled under Category XII. Since
the control parameters between ECCN 6A004 and Category XII(c) vary,
this proposed rule would classify gimbals moving from the USML to the
CCL under the 600 series ECCN 6A615. In addition, the proposed use of
ECCN 6A615 over ECCN 6A004 reflects the concern that the gimbals should
be controlled for RS column 1 reasons rather than national security
(NS) column 2 reasons. To aid in properly determining jurisdiction and
classification of gimbals, this proposed rule would amend the Related
Controls paragraph of ECCN 6A004 to reference gimbals controlled under
Category XII(c), gimbals controlled under new ECCN 6A615, and certain
``space qualified'' components subject to the ITAR.

Revisions to ECCN 6A005

    ECCN 6A005 currently controls specified lasers, components and
optical equipment. The Department of State's proposed rule for Category
XII would establish controls for lasers under XII(b)(9) through (b)(13)
that largely follow the control parameters established by the Wassenaar
Arrangement List of Dual-Use Goods and Technologies. Essentially, the
current Wassenaar controls establish a baseline of controls with no
upper limit to designate those lasers that are inherently military.
Therefore, the State Department's proposed rule amending Category XII
would establish the upper threshold parameters for lasers subject to
the ITAR. To reflect these parameters, this proposed rule would amend
ECCN 6A005 to provide corresponding references under the applicable
Items subparagraph. For example, this proposed rule would add a note to
tunable lasers having an output wavelength exceeding 1,400 nm
controlled under ECCN 6A005.c.3.b to refer readers to tunable
semiconductor lasers in the same wavelength parameter that are
controlled under USML Category XII(b)(10). This proposed rule would add
similar reference notes to ECCNs 6A005.d.1.a.2, d.1.b.3, d.1.d.1.d,
d.1.d.2.d, and d.1.d.3.b.
    This proposed rule also proposes to revise the Related Controls
paragraph of ECCN 6A005 to provide general references to lasers
controlled under USML Category XII based on the parameters established
by Wassenaar. Additionally, this proposed rule would add references in
the Related Controls paragraph to XII(b)(9) for certain lasers for
electronic combat systems controlled in Category XI, XII(b)(14) for
developmental laser and laser systems funded by the Department of
Defense, and XVIII for certain laser-based directed energy weapon
items.

Revisions to ECCN 6A008

    ECCN 6A008 currently controls radar systems, equipment, and
assemblies, including certain laser detection and ranging (LADAR) and
light detection and ranging (LIDAR) equipment under ECCN 6A008.j. The
Department of

State's proposed rule would control certain LIDAR, LADAR, and range-
gated systems and equipment described in USML Category XII(b).
Consequently, this proposed rule would amend the Related Controls
paragraph of ECCN 6A008 to add references to those provisions of
Category XII. In addition, LIDAR, LADAR, and range-gated systems or
equipment having a resolution less (better) than 0.4 m from an altitude
above ground level of 16,500 feet or greater, and incorporating a
gimbal-mounted transmitter or beam director, would be moved from the
USML to ECCN 6A615. This proposed rule would move these items to ECCN
6A615 rather than ECCN 6A005 due to differences in control parameters
between ECCNs 6A008 and 6A615. Accordingly, this proposed rule would
also add a reference to ECCN 6A615 in the Related Controls section of
ECCN 6A008.

Revisions to ECCN 7A005

    ECCN 7A005 currently controls specified Global Navigation Satellite
Systems (GNSS) receiving equipment. No GNSS receiving equipment,
including Global Position Satellite equipment, is proposed to move from
the USML to the CCL as a result of the review of Category XII of the
ITAR. However, this proposed rule proposes to amend the Related
Controls section of ECCN 7A005 to use ``GNSS'' in place of ``GPS'' and
to provide a reference to Categories XI and XII, which are the USML
locations of such receivers.

Revisions to ECCN 8A002

    To reflect the expansion of the scope of Sec.  744.9 to apply to
8A002.d.1.c and .d.2 items, this proposed rule would add an additional
sentence regarding Sec.  744.9 to the Related Controls paragraph of
8A002.

Effects of This Proposed Rule

De Minimis

    The April 16 (initial implementation) rule imposed certain unique
de minimis requirements on items controlled under the new ``600
series'' ECCNs. Section 734.3 of the EAR provides, inter alia, that
under certain conditions, items made outside the United States that
incorporate items subject to the EAR are not subject to the EAR if they
do not exceed a de minimis percentage of controlled U.S.-origin
content. Under the April 16 (initial implementation) rule, there is no
de minimis eligibility for ``600 series'' items destined for countries
subject to a U.S. arms embargo, but there is a 25% de minimis
percentage for ``600 series'' items destined for all countries not
subject to U.S. arms embargoes. The fire control, range finder,
optical, and guidance and control items that would be subject to the
EAR as a result of this proposed rule would become eligible for de
minimis treatment, so long as they are not subject to the proposed
restrictions described in Sec.  734.4(a)(5) for incorporation into
foreign military commodities and are not destined for a country subject
to a U.S. arms embargo.

Use of License Exceptions

    Unless subject to the restrictions on the use of STA in Sec.
740.20(b)(2), many of the fire control, range finder, optical, and
guidance and control items described in this proposed rule would become
eligible for several license exceptions, including STA, which would be
available for exports to certain government agencies of NATO and other
multi-regime allies. The exchange of information and statements
required under STA is substantially less burdensome than the license
application requirements currently required under the ITAR, as
discussed in more detail in the ``Regulatory Requirements'' section of
this proposed rule. Some items covered by this rule also would be
eligible for the following license exceptions: LVS (limited value
shipments), up to $1500, and RPL (servicing and parts replacement).

Alignment With the Wassenaar Arrangement Munitions List.

    The Administration has stated since the beginning of the Export
Control Reform Initiative that the reforms will be consistent with U.S.
obligations to the multilateral export control regimes. Accordingly,
the Administration will, in this proposed rule, exercise its national
discretion to implement, clarify, and, to the extent feasible, align
its controls with those of the regimes. USML Category XII encompasses
multiple WAML categories, including ML 5 (e.g., fire control and range-
finding systems), ML 11 (e.g., ``guidance and navigation equipment''),
and ML 15 (e.g., imaging equipment). This proposed rule uses two of
these categories--ML 15 (``[i]maging or countermeasure equipment . . .
specially designed for military use, and specially designed components
and accessories therefor'') and ML 11 (``electronic equipment specially
designed for military use,'' including ``guidance and navigation
equipment'')--to add items moving from USML Category XII to the new 600
series ECCNs ending in ``15'' and ``11.''

Request for Comments

    BIS seeks comments on this proposed rule. BIS will consider all
comments received on or before July 6, 2015. All comments must be in
writing and submitted via one or more of the methods listed under the
ADDRESSES caption to this notice. All comments (including any personal
identifiable information or information for which a claim of
confidentially is asserted either in those comments or their
transmittal emails) will be available for public inspection and
copying. Parties who wish to comment anonymously may do so by
submitting their comments via www.regulations.gov, leaving the fields
for information that would identify the commenter blank, and including
no identifying information in the comment itself.

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 7, 2014, 79 FR 46959
(August 11, 2014) has continued the EAR in effect under the
International Emergency Economic Powers Act. 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.

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, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action,'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget (OMB).
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor is 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 OMB control number. This proposed rule would affect two approved
collections: Simplified Network Application Processing + System
(control number 0694-0088), which includes, among other things, license
applications, and License Exceptions and Exclusions (0694-0137).
    As stated in the proposed rule published on July 15, 2011 (76 FR
41958) (``July 15 proposed rule''), BIS initially believed that the
combined effect of all rules to be published adding items to the EAR
that will be removed from the ITAR as part of the administration's
Export Control Reform Initiative will increase the number of license
applications to be submitted by approximately 16,000 annually. As the
review of the USML has progressed, the interagency group has gained
more specific information about the number of items that will come
under BIS jurisdiction and whether those items would be eligible for
export under license exception. As of June 21, 2012, BIS revised that
estimate to an increase in license applications of 30,000 annually,
resulting in an increase in burden hours of 8,500 (30,000 transactions
at 17 minutes each) under control number 0694-0088. BIS continues to
believe that its revised estimate is accurate.
    Some items formerly on the USML would become eligible for License
Exception STA under this rule. As stated in the July 15 proposed rule,
BIS believes that the increased use of License Exception STA resulting
from the combined effect of all rules to be published adding items to
the EAR that would be removed from the ITAR as part of the
Administration's Export Control Reform Initiative would increase the
burden associated with control number 0694-0137 by about 23,858 hours
(20,450 transactions at 1 hour and 10 minutes each).
    BIS expects that this increase in burden would be more than offset
by a reduction in burden hours associated with approved collections
related to the ITAR. This proposed rule addresses controls on fire
control, range finder, optical, and guidance and control items. With
few exceptions, most exports of such items, even when destined to NATO
member states and other close allies, require State Department
authorization. In addition, the exports of technology necessary to
produce such items in the inventories of the United States and its NATO
and other close allies require State Department authorizations. Under
the EAR, as proposed, such technology would become eligible for export
to NATO member states and other close allies under License Exception
STA unless otherwise specifically excluded. Use of License Exception
STA imposes a paperwork and compliance burden because, for example,
exporters must furnish information about the item being exported to the
consignee and obtain from the consignee an acknowledgement and
commitment to comply with the EAR. However, the Administration believes
that complying with the requirements of STA is likely less burdensome
than applying for licenses. For example, under License Exception STA, a
single consignee statement can apply to an unlimited number of
products, need not have an expiration date, and need not be submitted
to the government in advance for approval. Suppliers with regular
customers can tailor a single statement and assurance to match their
business relationship rather than applying repeatedly for licenses with
every purchase order to supply reliable customers in countries that are
close allies or members of export control regimes or both.
    This proposed rule would also require licenses for Canada for the
following ECCNs that do not currently require a license for that
destination: 6A002, 6A990, 6D002 (for 6A002.b items), 6D003.c, 6E001
(for 6A002 or 6A003 items), 6E002 (for 6A002 or 6A003 items), and
6E990. Further, this proposed rule would implement a worldwide license
requirement for the following ECCNs that are currently controlled for
anti-terrorism reasons or for new ECCNs that would control items
currently designated as EAR99: 0E987; 6D991 (for 6A002, 6A003, or
6A990); and 6E994. In addition, the items described in this paragraph
would be ineligible for License Exception STA under this proposed rule.
BIS anticipates that these proposed changes would increase the number
of license applications submitted and the number of Sec.  743.3 reports
submitted under control number 0694-0137. However, these proposed
changes would also apply to items moving from Category XII of the USML
to the CCL, and the burden likely will be reduced for such items when
comparing license requirements of the ITAR to those of the EAR. In
particular, license applications for exports of technology transferred
from the USML to the CCL are likely to be less complex and burdensome
than the authorizations required to export ITAR-controlled technology,
i.e., Manufacturing License Agreements and Technical Assistance
Agreements.
    3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
    4. The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq., generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to the notice and comment
rulemaking requirements under the Administrative Procedure Act (5
U.S.C. 553) or any other statute, unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Under section 605(b) of the RFA, however, if
the head of an agency (or his or her designee) certifies that a rule
will not have a significant impact on a substantial number of small
entities, the statute does not require the agency to prepare a
regulatory flexibility analysis. Pursuant to section 605(b), the Chief
Counsel for Regulation, Department of Commerce, submitted a memorandum
to the Chief Counsel for Advocacy, Small Business Administration,
certifying that the November 28 (military electronics) rule would not
have a significant impact on a substantial number of small entities.
The rationale for that certification was set forth in the preamble to
that proposed rule (77 FR 70945, 70950-70951, November 28, 2012).
Although BIS received no comments on that rationale, and has
accordingly made no changes to the proposed rule based on the RFA
certification, BIS has determined that, in the interest of openness and
transparency, it will briefly restate the rationale behind the
certification here.
    This proposed rule is part of the Administration's Export Control
Reform Initiative, which seeks to revise the USML to a positive list--
one that does not use generic, catch-all controls for items listed--and
to move some items that the President has determined no longer merit
control under the ITAR to control under the CCL.
    Although BIS does not collect data on the size of entities that
apply for and are issued export licenses, and is therefore unable to
estimate the exact number of small entities--as defined by the Small
Business Administration's regulations implementing the RFA--BIS
acknowledges that some small entities may be affected by this proposed
rule.
    The main effects on small entities resulting from this rule will be
in application times, costs, and delays in receiving licenses to export
goods subject to the CCL. However, while

small entities may experience some costs and time delays for exports
due to the license requirements of the CCL, these costs and delays will
likely be significantly less than they were for items previously
subject to the USML. BIS believes that in fact this rule will result in
significantly reduced administrative costs and delays for exports of
items that will, upon this rule's implementation, be subject to the EAR
rather than the ITAR. Currently, USML applicants must pay to use the
USML licensing procedure even if they never actually are authorized to
export. Registration fees for manufacturers and exporters of articles
on the USML start at $2,250 per year, increase to $2,750 for
organizations applying for one to ten licenses per year and further
increases to $2,750 plus $250 per license application (subject to a
maximum of three percent of total application value) for those who need
to apply for more than ten licenses per year. By contrast, BIS is
statutorily prohibited from imposing licensing fees. In addition,
exporters and reexporters of goods that would become subject to the EAR
under this rule would need fewer licenses because their transactions
would become eligible for license exceptions that were not available
under the ITAR. Additionally, the ITAR controls parts and components
even when they are incorporated--in any amount--into a foreign-made
product. That limitation on the use of U.S.-made goods subject to the
ITAR discouraged foreign manufacturers from importing U.S. goods.
However, the EAR has a de minimis exception for U.S.-manufactured goods
that are incorporated into foreign-made products. This exception may
benefit small entities by encouraging foreign producers to use more
U.S.-made items in their goods.
    Even where an exporter or reexporter would need to obtain a license
under the EAR, that process is both cheaper and the process is more
flexible than obtaining a license under the ITAR. For example, unlike
the ITAR, the EAR does not require license applicants to provide BIS
with a purchase order with the application, meaning that small (or any)
entities can enter into negotiations or contracts for the sale of goods
without having to caveat any sale presentations with a reference to the
need to obtain a license under the ITAR before shipment can occur.
Second, the EAR allows license applicants to obtain licenses to cover
all expected exports or reexports to a particular consignee over the
life of a license, rather than having to obtain a new license for every
transaction.
    In short, BIS expects that the changes to the EAR proposed in this
rule will have a positive effect on all affected entities, including
small entities. While BIS acknowledges that this rule may have some
cost impacts to small (and other) entities, those costs are more than
offset by the benefits to the entities from the licensing procedures
under the EAR, which are much less costly and less time consuming than
the procedures under the ITAR. Accordingly, the Chief Counsel for
Regulation for the Department of Commerce has certified that this rule,
if implemented, will not have a significant economic impact on a
substantial number of small entities. Accordingly, an initial
regulatory flexibility analysis is not required, and none has been
prepared.

List of Subjects

15 CFR Part 734

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

15 CFR Part 740

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

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, the Export Administration
Regulations (15 CFR parts 730-774) are proposed to be amended as
follows:

PART 734--[AMENDED]

0
1. The authority citation for 15 CFR part 734 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61
FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013);
Notice of August 7, 2014, 79 FR 46959 (August 11, 2014); Notice of
November 7, 2014, 79 FR 67035 (November 12, 2014).

0
2. Section 734.4 is amended by revising paragraph (a)(5) to read as
follows:

Sec.  734.4  De minimis U.S. content.

    (a) * * *
    (5) There is no de minimis level for foreign made military
commodities described in ECCN 0A919.a.1.
* * * * *

PART 740--[AMENDED]

0
3. The authority citation for 15 CFR 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 7, 2014, 79 FR 46959 (August 11, 2014).

0
4. Section 740.2 is amended by revising paragraph (a)(7) as follows:

Sec.  740.2  Restrictions on all license exceptions.

    (a) * * *
    (7) Technology for ``production'' of commodities defined in ECCNs
6A002.a.2, 6A002.a.3, or 6A990 that is controlled under ECCNs 6E002 or
6E990.
* * * * *
0
5. Section 740.16 is amended by revising paragraphs (a)(2), (b)(2), and
(b)(3) to read as follows:

Sec.  740.16  Additional permissive reexports (APR).

    (a) * * *
    (2) The commodities being reexported are not controlled for NP, CB,
MT, SI or CC reasons and are not military commodities described in ECCN
0A919; commodities described in 3A001.b.2 or b.3 (except those that are
being reexported for use in civil telecommunications applications); or
commodities described in ECCNs 6A002, 6A003, or 6A990; and
* * * * *
    (b) * * *
    (2) Except as provided in paragraph (b)(3) of this section,
``military commodities'' described in ECCN 0A919 and commodities
described in ECCNs 6A002, 6A003, or 6A990 or commodities described in
ECCN 0A987 incorporating an image intensifier tube, may not be
reexported under this paragraph (b).
    (3) Cameras described in ECCNs 6A003 may be exported or reexported
to and among countries in Albania, Australia, Austria, Belgium,
Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy,
Japan, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, New
Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, South
Africa, South Korea,

Spain, Sweden, Switzerland, Turkey, and the United Kingdom if:
    (i) Such cameras are fully packaged for use as consumer ready civil
products; or,
    (ii) Such cameras with not more than 111,000 elements are to be
embedded in civil products.
0
6. Section 740.20 is amended by revising paragraphs (b)(2)(ii) and
(b)(2)(x), to read as follows:

Sec.  740.20  License Exception Strategic Trade Authorization (STA).

* * * * *
    (b) * * *
    (2) * * *
    (ii) License Exception STA may not be used for any item controlled
under ECCNs 0A981, 0A982, 0A983, 0A985, 0E982, or 0E987.
* * * * *
    (x) License Exception STA may not be used for items controlled by
ECCNs 6A002; 6A990; 6D002 (software specially designed for the ``use''
of commodities controlled under 6A002.b); 6D003.c; 6D991 (software
``specially designed'' for the ``development,'' ``production,'' or
``use'' of commodities controlled under 6A002, 6A003, or 6A990); 6D994;
6E001 (``technology'' for the ``development'' of commodities controlled
under ECCNs 6A002 or 6A003); 6E002 ``technology'' (for the
``production'' of commodities controlled under ECCNs 6A002 or 6A003);
6E990; or 6E994.
* * * * *

PART 742--[AMENDED]

0
7. The authority citation for 15 CFR 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 7, 2014, 79 FR 46959 (August 11, 2014); Notice of
November 7, 2014, 79 FR 67035 (November 12, 2014).

0
8. Section Sec.  742.6 is amended by:
0
a. Adding paragraph (a)(8); and
0
b. Revising paragraph (b)(1), to read as follows:

Sec.  742.6  Regional stability.

    (a) * * *
    (8) Special worldwide RS license requirement for specified items
controlled in Category 0 or 6. A license is required to export or
reexport the following items to all destinations, including Canada:
    (i) ``Technology'' controlled under ECCN 0E987;
    (ii) All commodities controlled under ECCNs 6A002;
    (iii) All commodities controlled under ECCN 6A990;
    (iv) ``Software'' controlled under ECCN 6D002 for the ``use'' of
commodities controlled under 6A002.b;
    (v) ``Software'' controlled under ECCN 6D003.c;
    (vi) ``Software'' controlled under ECCN 6D991 for the
``development,'' ``production,'' or ``use'' of commodities controlled
under ECCNs 6A002, 6A003, or 6A990;
    (vii) ``Software'' controlled under ECCN 6D994;
    (viii) ``Technology'' controlled under ECCN 6E001 for the
``development'' of commodities controlled under 6A002 or 6A003;
    (ix) ``Technology'' controlled under ECCN 6E002 for the
``production'' of commodities controlled under 6A002 or 6A003;
    (x) ``Technology'' controlled under 6E990; and
    (xi) ``Technology'' controlled under ECCN 6E994.
    (b) Licensing policy.--(1) Licensing policy for RS Column 1 items
or items subject to worldwide RS control.
    (i) Applications for exports and reexports of 9x515 and ``600
series'' items will be reviewed on a case-by-case basis to determine
whether the transaction is contrary to the national security or foreign
policy interests of the United States, including the foreign policy
interest of promoting the observance of human rights throughout the
world. Applications for export or reexport of items classified under
any 9x515 or ``600 series'' ECCN requiring a license in accordance with
paragraph (a)(1) of this section will also be reviewed consistent with
United States arms embargo policies in Sec.  126.1 of the ITAR if
destined to a country set forth in Country Group D:5 in Supplement No.
1 to part 740 of the EAR. Applications for export or reexport of
``parts,'' ``components,'' ``accessories,'' ``attachments,''
``software,'' or ``technology'' ``specially designed'' or otherwise
required for the F-14 aircraft will generally be denied. When destined
to the People's Republic of China or a country listed in Country Group
E:1 in Supplement No. 1 to Part 740 of the EAR, items classified under
any 9x515 ECCN will be subject to a policy of denial.
    (ii) Applications for exports and reexports described in paragraphs
(a)(1), (a)(2), (a)(6), (a)(7), (a)(8)(ii), (a)(8)(iii), (a)(8)(vii),
and (a)(8)(xi) of this section will be reviewed on a case-by-case basis
to determine whether the export or reexport could contribute directly
or indirectly to any country's military capabilities in a manner that
would alter or destabilize a region's military balance contrary to the
foreign policy interests of the United States.
    (iii) The following applications will be reviewed applying the
policies for similar items that are subject to the International
Traffic in Arms Regulations (22 CFR parts 120-130):
    (A) Reexports of items described in paragraph (a)(3) of this
section;
    (B) Exports or reexports of items described in paragraph (a)(8) of
this section to military end users described in Sec.  744.9(d); and
    (C) Exports or reexports of commodities described in paragraphs
(a)(8)(ii) and (a)(8)(iii) of this section or in ECCN 6A003.b for
incorporation into a ``military commodity'' controlled by ECCN 0A919.
    (iv) Applications for exports or reexports of software or
technology described in paragraphs (a)(8)(i), (a)(8)(iv), (a)(8)(v),
(a)(8)(vi), (a)(8)(viii), and (a)(8)(x) will be reviewed with a
presumption of denial. There is also a presumption of denial for
technology described in paragraph (a)(8)(ix), unless it is ``build-to-
print technology'' that is required for integration, mounting,
inspection, testing, or quality assurance (e.g., necessary to meet
International Standards Organization (ISO) certification), which will
be reviewed on a case-by-case basis.
* * * * *

PART 744--[AMENDED]

0
9. The authority citation for 15 CFR part 744 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; 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. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of August 7, 2014, 79 FR 46959
(August 11, 2014); Notice of September 17, 2014, 79 FR 56475
(September 19, 2014); Notice of November 7, 2014, 79 FR 67035
(November 12, 2014); Notice of January 21, 2015, 80 FR 3461 (January
22, 2015).

0
10. Section 744.9 is amended by revising the heading and paragraphs (a)
and (b) to read as follows:

Sec.  744.9  Restrictions on certain exports and reexports of certain
cameras, systems, or equipment.

    (a) General prohibitions. In addition to the applicable license
requirements for national security, regional stability, anti-terrorism
and United Nations embargo reasons in Sec. Sec.  742.4, 742.6, 742.8,
746.3, and 746.8 of the EAR, a license is required to export, reexport,
or transfer (in-country) to any destination commodities described in
ECCNs 0A987 (incorporating commodities controlled by ECCNs 6A002 or
6A003, or commodities controlled by 6A993.a that meet the criterion of
Note 3.a to 6A003.b.4), 6A002, 6A003, 6A990, or 6A993.a (having a
maximum frame rate equal to or less than 9 Hz and thus meeting the
criteria of Note 3.a to 6A003.b.4), 8A002.d.1.c, or 8A002.d.2 if at the
time of export, reexport, or transfer, the exporter, reexporter, or
transferor knows or is informed, or is unable to determine whether the
item will be or is intended to be:
    (1) Used by a ``military end-user,'' as defined in paragraph (d) of
this section; or
    (2) Incorporated into a ``military commodity'' controlled by ECCN
0A919.
    (b) Additional prohibition on exporters or reexporters informed by
BIS. BIS may inform an exporter, reexporter, or transferor, either
individually by specific notice or through amendment to the EAR, that a
license is required for the export, reexport, or transfer of
commodities described in ECCNs 0A987 (incorporating commodities
controlled by ECCNs 6A002 or 6A003, or commodities controlled by
6A993.a that meet the criterion of Note 3.a to 6A003.b.4), 6A002,
6A003, 6A990, or 6A993.a (having a maximum frame rate equal to or less
than 9 Hz and thus meeting the criteria of Note 3.a to 6A003.b.4),
8A002.d.1.c, or 8A002.d.2 to specified end users, because BIS has
determined that there is an unacceptable risk of diversion to the users
or unauthorized incorporation into the ``military commodities''
described in paragraph (a) of this section. Specific notice is to be
given only by, or at the direction of, the Deputy Assistant Secretary
for Export Administration. When such notice is provided orally, it will
be followed by a written notice within two working days signed by the
Deputy Assistant Secretary for Export Administration.
* * * * *

PART 772--[AMENDED]

0
11. The authority citation for part 772 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
7, 2014, 79 FR 46959 (August 11, 2014).

0
12. Section 772.1 is amended by adding a definition for ``permanent
encapsulated sensor assembly'' in alphabetical order to read as
follows:

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

* * * * *
    Permanent encapsulated sensor assembly. (Cat 6) A permanent
encapsulated sensor assembly (e.g. sealed enclosure, vacuum package)
containing an infra-red focal plane array (IRFPA) that prevents direct
access to the IRFPA, disassembly of the sensor assembly, and removal of
the IRFPA without destruction or damage to the IRFPA.
* * * * *

PART 774--[AMENDED]

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

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 7, 2014, 79 FR 46959 (August 11, 2014).

Supplement No. 1 to Part 774 [Amended]

0
14. In Supplement No. 1 to part 774, Category 0, ECCN 0A919 is amended
by revising the Items paragraph of the List of Items Controlled section
to read as follows:

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

* * * * *
0A919 ``Military commodities'' located and produced outside the
United States as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

    a. ``Military commodities'' produced and located outside the
United States that are not subject to the International Traffic in
Arms Regulations (22 CFR parts 120-130) and having any of the
following characteristics:
    a.1. Incorporate one or more commodities classified under ECCNs
6A002, 6A003, 6A990, or 6A993.a (having a maximum frame rate equal
to or less than 9 Hz and thus meeting the criterion of Note 3.a to
6A003.b.4);
    a.2. Incorporate more than a de minimis amount of U.S.-origin
``600 series'' controlled content (see Sec.  734.4 of the EAR); or
    a.3. Are direct products of U.S.-origin ``600 series''
technology or software (see Sec.  736.2(b)(3) of the EAR).
    b. [Reserved]

0
15. In Supplement No. 1 to part 774, Category 0, ECCN 0A987 is amended
by:
0
a. Revising the Related Controls paragraph in the List of Items
Controlled section;
0
b. Revising paragraph f. in the Items paragraph in the List of Items
Controlled section; and
0
c. Adding a note to 0A987.f, to read as follows:

0A987 Optical sighting devices for firearms (including shotguns
controlled by 0A984); and ``components'' as follows (See List of
Items Controlled).
* * * * *

List of Items Controlled

Related Controls: (1) Sighting devices operating outside the visible
spectrum, as enumerated in USML Category XII, or laser aiming or
laser illumination equipment not specified in 0A987.f are subject to
the ITAR. (2) Section 744.9 imposes a license requirement on certain
commodities described in 0A987 if being exported, reexported, or
transferred (in-country) for use by a military end-user or for
incorporation into an item controlled by ECCN 0A919.
* * * * *
Items:
* * * * *
    f. Laser aiming devices or laser illuminators designed for use
on firearms, and having an operational wavelength exceeding 400 nm
but not exceeding 710 nm with an output power less than or equal to
5 mW.

    Note: 0A987.f does not control laser boresighting devices that
must be placed in the bore or chamber to provide a reference for
aligning the firearms sights.
* * * * *
0
16. In Supplement No. 1 to part 774, Category 0, add ECCN 0E987 between
ECCN 0E984 and EAR99, to read as follows:

0E987 ``Technology'' ``required'' for the ``development,'' or
``production'' of commodities controlled by 0A987 that incorporate a
focal plane array or image intensifier tube.

License Requirements

Reason for Control: RS, AT.

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

RS applies to entire entry................  A license is required to
                                             export and reexport these
                                             items to all countries,
                                             including Canada. A column
                                             specific to this control
                                             does not appear on the
                                             Commerce Country Chart.
                                             (see Sec.   742.6(a)(8)).
AT applies to entire entry................  AT Column 1.

List Based License Exceptions (See Part 740 for a Description of all
License Exceptions)

CIV: N/A
TSR: N/A

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items:

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

0
17. In Supplement No. 1 to part 774, Category 2, ECCN 2A984 is amended
by adding Note 4 to the end of the Related Controls paragraph in the
List of Items Controlled section, to read as follows:

2A984 Concealed object detection equipment operating in the
frequency range from 30 GHz to 3000 GHz and having a spatial
resolution of 0.5 milliradian up to and including 1 milliradian at a
standoff distance of 100 meters; and ``parts'' and ``components,''
n.e.s.
* * * * *

List of Items Controlled

Related Controls: *** (4) See USML Category XII(c)(17) for terahertz
imaging equipment or systems having a peak response in the frequency
range exceeding 30 GHz but not exceeding 3000 GHz and having a
resolution less (better) than 0.5 milliradians at a standoff range
of 100 m.
* * * * *
0
18. In Supplement No. 1 to part 774, Category 6, ECCN 6A002 is amended
by:
0
a. Revising the Control(s) table in the License Requirements section;
0
b. Removing the ``Special Conditions for STA'' section;
0
c. Revising the Related Controls paragraph in the List of Items
Controlled section;
0
d. Revising paragraphs a.2 and a.3 in the Items paragraph of the List
of Items Controlled section. The revisions to read as follows:

6A002 Optical sensors and equipment and ``components'' therefor, as
follows (see List of Items Controlled).

License Requirements

* * * * *

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry................  NS Column 2.
MT applies to optical detectors in          MT Column 1.
 6A002.a.1 or a.3 that are ``specially
 designed'' or modified to protect
 ``missiles'' against nuclear effects
 (e.g., Electromagnetic Pulse (EMP), X-
 rays, combined blast and thermal
 effects), and usable for ``missiles''.
RS applies to entire entry................  A license is required to
                                             export and reexport these
                                             items to all countries,
                                             including Canada. A column
                                             specific to this control
                                             does not appear on the
                                             Commerce Country Chart.
                                             (See Sec.   742.6(a)(8)).
CC applies to police-model infrared         CC Column 1.
 viewers in 6A002.c.
AT applies to entire entry................  AT Column 1.
UN applies to 6A002.a.1, a.2, a.3 and c...  See Sec.   746.1(b) for UN
                                             controls.

* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) The following commodities are ``subject to the
ITAR'' (see 22 CFR parts 120 through 130): (a) ``Image
intensifiers'' defined in 6A002.a.2 and ``focal plane arrays''
defined in 6A002.a.3 ``specially designed,'' modified, or configured
for military use and not part of civil equipment; (b) ``Space
qualified'' solid-state detectors defined in 6A002.a.1, ``space
qualified'' imaging sensors (e.g., ``monospectral imaging sensors''
and ``multispectral imaging sensors'') defined in 6A002.b.2.b.1, and
``space qualified'' cryocoolers defined in 6A002.d.1, unless, on or
after September 23, 2002, the Department of State issues a commodity
jurisdiction determination indicating the commodity is subject to
the EAR. (2) See also ECCNs 6A102, 6A202, and 6A992. (3) See ECCN
0A919 for foreign-made military commodities that incorporate
commodities described in 6A002. (4) Section 744.9 imposes a license
requirement on commodities described in ECCN 6A002 if being
exported, reexported, or transferred (in-country) for use by a
military end-user or for incorporation into an item controlled by
ECCN 0A919. (5) Image intensifier tubes described in ECCN 6A002.a.2
that are second generation image intensification tubes are ``subject
to the ITAR.'' (6) See the Related Controls paragraphs to ECCNs
6E001 and 6E002 for controls on technology for the ``development''
or ``production'' of focal plane arrays in a ``permanent
encapsulated sensor assembly'' subject to the EAR.
* * * * *
Items:
    a. * * *
    a.1. * * *
    a.2. Image intensifier tubes and ``specially designed''
``components'' therefor, as follows:
    Note 1: Image intensifier tubes described in 6A002.a.2 having a
luminous sensitivity exceeding 500 microamps per lumen are ``subject
to the ITAR.''
    Note 2: 6A002.a.2 does not control non-imaging photomultiplier
tubes having an electron sensing device in the vacuum space limited
solely to any of the following:
    a. A single metal anode; or
    b. Metal anodes with a center to center spacing greater than 500
[mu]m.
    Technical Note: `Charge multiplication' is a form of electronic
image amplification and is defined as the generation of charge
carriers as a result of an impact ionization gain process. 'Charge
multiplication' sensors may take the form of an image intensifier
tube, solid state detector or ``focal plane array.''
    a.2.a. Image intensifier tubes having all of the following:
    a.2.a.1. A peak response in the wavelength range exceeding 400
nm but not exceeding 1,050 nm;
    a.2.a.2. Electron image amplification using any of the
following:
    a.2.a.2.a. A microchannel plate with a hole pitch (center-to-
center spacing) of 12 [mu]m or less; or
    a.2.a.2.b. An electron sensing device with a non-binned pixel
pitch of 500 [mu]m or less, ``specially designed'' or modified to
achieve `charge multiplication' other than by a microchannel plate;
and
    a.2.a.3. Any of the following photocathodes:
    a.2.a.3.a. Multialkali photocathodes (e.g., S-20 and S-25)
having a luminous sensitivity exceeding 350 [mu]A/lm;
    a.2.a.3.b. GaAs or GaInAs photocathodes; or
    a.2.a.3.c. Other ``III-V compound'' semiconductor photocathodes
having a maximum ``radiant sensitivity'' exceeding 10 mA/W;
    a.2.b. Image intensifier tubes having all of the following:
    a.2.b.1. A peak response in the wavelength range exceeding 1,050
nm but not exceeding 1,800 nm;
    a.2.b.2. Electron image amplification using any of the
following:
    a.2.b.2.a. A microchannel plate with a hole pitch (center-to-
center spacing) of 12 [mu]m or less; or
    a.2.b.2.b. An electron sensing device with a non-binned pixel
pitch of 500 [mu]m or less, ``specially designed'' or modified to
achieve `charge multiplication' other than by a microchannel plate;
and
    a.2.b.3. ``III/V compound'' semiconductor (e.g., GaAs or GaInAs)
photocathodes and transferred electron photocathodes, having a
maximum ``radiant sensitivity'' exceeding 15 mA/W;
    a.2.c. ``Specially designed'' ``components'' as follows:

    a.2.c.1. Microchannel plates having a hole pitch (center-to-
center spacing) of 12 [mu]m or less;
    a.2.c.2. An electron sensing device with a non-binned pixel
pitch of 500 [mu]m or less, ``specially designed'' or modified to
achieve `charge multiplication' other than by a microchannel plate;
    a.2.c.3. ``III-V compound'' semiconductor (e.g., GaAs or GaInAs)
photocathodes and transferred electron photocathodes;
    Note: 6A002.a.2.c.3 does not control compound semiconductor
photocathodes designed to achieve a maximum ``radiant sensitivity''
of any of the following:
    a. 10 mA/W or less at the peak response in the wavelength range
exceeding 400 nm but not exceeding 1,050 nm; or
    b. 15 mA/W or less at the peak response in the wavelength range
exceeding 1,050 nm but not exceeding 1,800 nm.
    a.3. Non-``space-qualified'' ``focal plane arrays'' as follows:
    N.B.: `Microbolometer' non-``space-qualified'' ``focal plane
arrays'' are only specified by 6A002.a.3.f.
    Technical Note: Linear or two-dimensional multi-element detector
arrays are referred to as ``focal plane arrays'';
    Note 1: 6A002.a.3 includes photoconductive arrays and
photovoltaic arrays.
    Note 2: 6A002.a.3 does not control:
    a. Multi-element (not to exceed 16 elements) encapsulated
photoconductive cells using either lead sulphide or lead selenide;
    b. Pyroelectric detectors using any of the following:
    b.1. Triglycine sulphate and variants;
    b.2. Lead-lanthanum-zirconium titanate and variants;
    b.3. Lithium tantalate;
    b.4. Polyvinylidene fluoride and variants; or
    b.5. Strontium barium niobate and variants.
    c. ``Focal plane arrays'' ``specially designed'' or modified to
achieve `charge multiplication' and limited by design to have a
maximum ``radiant sensitivity'' of 10 mA/W or less for wavelengths
exceeding 760 nm, having all of the following:
    c.1. Incorporating a response limiting mechanism designed not to
be removed or modified; and
    c.2. Any of the following:
    c.2.a. The response limiting mechanism is integral to or
combined with the detector element; or
    c.2.b. The ``focal plane array'' is only operable with the
response limiting mechanism in place.
    Note 3: Focal plane arrays described in 6A002.a.3 that are not
in a ``permanent encapsulated sensor assembly'' subject to the EAR
are ``subject to the ITAR.''
    Technical Note: A response limiting mechanism integral to the
detector element is designed not to be removed or modified without
rendering the detector inoperable.
    a.3.a. Non-``space-qualified'' ``focal plane arrays'' having all
of the following:
    a.3.a.1. Individual elements with a peak response within the
wavelength range exceeding 900 nm but not exceeding 1,050 nm; and
    a.3.a.2. Any of the following:
    a.3.a.2.a. A response ``time constant'' of less than 0.5 ns; or
    a.3.a.2.b. ``Specially designed'' or modified to achieve `charge
multiplication' and having a maximum ``radiant sensitivity''
exceeding 10 mA/W;
    a.3.b. Non-``space-qualified'' ``focal plane arrays'' having all
of the following:
    a.3.b.1. Individual elements with a peak response in the
wavelength range exceeding 1,050 nm but not exceeding 1,200 nm; and
    a.3.b.2. Any of the following:
    a.3.b.2.a. A response ``time constant'' of 95 ns or less; or
    a.3.b.2.b. ``Specially designed'' or modified to achieve `charge
multiplication' and having a maximum ``radiant sensitivity''
exceeding 10 mA/W;
    a.3.c. Non-``space-qualified'' non-linear (2-dimensional)
``focal plane arrays'' having individual elements with a peak
response in the wavelength range exceeding 1,200 nm but not
exceeding 30,000 nm;
    N.B.: Silicon and other material based `microbolometer' non-
``space-qualified'' ``focal plane arrays'' are only specified by
6A002.a.3.f.
    a.3.d. Non-``space-qualified'' linear (1-dimensional) ``focal
plane arrays'' having all of the following:
    a.3.d.1. Individual elements with a peak response in the
wavelength range exceeding 1,200 nm but not exceeding 3,000 nm; and
    a.3.d.2. Any of the following:
    a.3.d.2.a. A ratio of `scan direction' dimension of the detector
element to the `cross-scan direction' dimension of the detector
element of less than 3.8; or
    a.3.d.2.b. Signal processing in the detector elements;
    Note: 6A002.a.3.d does not control ``focal plane arrays'' (not
to exceed 32 elements) having detector elements limited solely to
germanium material.
    Technical Note: For the purposes of 6A002.a.3.d, `cross-scan
direction' is defined as the axis parallel to the linear array of
detector elements and the `scan direction' is defined as the axis
perpendicular to the linear array of detector elements.
    a.3.e. Non-``space-qualified'' linear (1-dimensional) ``focal
plane arrays'' having individual elements with a peak response in
the wavelength range exceeding 3,000 nm but not exceeding 30,000 nm;
    a.3.f. Non-``space-qualified'' non-linear (2-dimensional)
infrared ``focal plane arrays'' based on `microbolometer' material
having individual elements with an unfiltered response in the
wavelength range equal to or exceeding 8,000 nm but not exceeding
14,000 nm;
    Technical Note: For the purposes of 6A002.a.3.f,
`microbolometer' is defined as a thermal imaging detector that, as a
result of a temperature change in the detector caused by the
absorption of infrared radiation, is used to generate any usable
signal.
    a.3.g. Non-``space-qualified'' ``focal plane arrays'' having all
of the following:
    a.3.g.1. Individual detector elements with a peak response in
the wavelength range exceeding 400 nm but not exceeding 900 nm;
    a.3.g.2. ``Specially designed'' or modified to achieve `charge
multiplication' and having a maximum ``radiant sensitivity''
exceeding 10 mA/W for wavelengths exceeding 760 nm; and
    a.3.g.3. Greater than 32 elements;
* * * * *

0
19. In Supplement No. 1 to part 774, Category 6, ECCN 6A003 is amended
by:
0
a. Revising note 5 in the Related Controls paragraph in the List of
items Controlled section; and
0
b. Adding note 6 to the Related Controls paragraph in the List of items
Controlled section, to read as follows:

6A003 Cameras, systems or equipment, and ``components'' therefor, as
follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (5) Section 744.9 imposes a license
requirement on cameras described in 6A003 if being exported,
reexported, or transferred (in-country) for use by a military end-
user or for incorporation into a commodity controlled by ECCN 0A919.
(6) See USML Category XII(c) for cameras ``subject to the ITAR.''
* * * * *

0
20. In Supplement No. 1 to part 774, Category 6, ECCN 6A004 is amended
by revising the Related Controls paragraph in the List of Items
Controlled section to read as follows:

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

List of Items Controlled

* * * * *
Related Controls: (1) For optical mirrors or `aspheric optical
elements' ``specially designed'' for lithography ``equipment,'' see
ECCN 3B001. (2) See USML Category XII(c) for gimbals ``subject to
the ITAR.'' (3) See ECCN 6A615.b for gimbals containing a camera
payload operating exclusively in the visible spectrum (i.e., 400 nm
to 760 nm). (4) ``Space qualified'' components for optical systems
defined in 6A004.c and optical control equipment defined in
6A004.d.1 are ``subject to the ITAR.'' (5) See also 6A994.
* * * * *

0
21. In Supplement No. 1 to part 774, Category 6, ECCN 6A005 is amended
by:
0
a. Revising the Related Controls paragraph in the List of Items
Controlled section; and
0
b. Adding Notes to paragraphs c.3.b, d.1.a.2, d.1.b.3, d.1.d.1.d,
d.1.d.2.d, and d.1.d.3.b in the Items paragraph of the List of Items
Controlled section, to read as follows:

6A005 ``Lasers,'' ``components'' and optical equipment, as follows
(see List of Items Controlled), excluding items that are subject to
the export licensing authority

of the Nuclear Regulatory Commission (see 10 CFR part 110).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) See ECCN 6D001 for ``software'' for items
controlled under this entry. (2) See ECCNs 6E001 (``development''),
6E002 (``production''), and 6E201 (``use'') for technology for items
controlled under this entry. (3) Also see ECCNs 6A205 and 6A995. (4)
See ECCN 3B001 for excimer ``lasers'' ``specially designed'' for
lithography equipment. (5) ``Lasers'' ``specially designed'' or
prepared for use in isotope separation are subject to the export
licensing authority of the Nuclear Regulatory Commission (see 10 CFR
part 110). (6) See USML Category XII(b)(10) for certain tunable
semiconductor lasers. (7) See USML Category XII(b)(11) for certain
non-tunable single transverse mode semiconductor lasers. (8) See
USML Category XII(b)(12) for certain non-tunable multiple transverse
mode semiconductor lasers. (9) See USML Category XII(b)(13) for
certain laser stacked arrays. (10) See USML Category XII(b)(9) for
certain lasers for electronic combat systems controlled in USML
Category XI. (11) See USML Category XII(b)(14) for developmental
laser and laser systems funded by the Department of Defense. (12)
See USML Category XVIII for certain laser-based directed energy
weapon systems, equipment, and components.
Related Definitions: * * *
Items:
* * * * *
    c. * * *
    c.3. * * *
    c.3.b. * * *
    Note: See USML Category XII(b)(10) for tunable semiconductor
lasers having an output wavelength exceeding 1,400 nm and an output
power greater than 1 W.
* * * * *
    d. * * *
    d.1. * * *
    d.1.a. * * *
    d.1.a.2. * * *
    Note: See USML Category XII(b)(11) for non-tunable single
transverse mode semiconductor lasers having an output wavelength
exceeding 1,510 nm and either an average output power or continuous
wave (CW) output power greater than 2 W.
* * * * *
    d.1.b. * * *
    d.1.b.3. * * *
    Note: See USML Category XII(b)(12) for non-tunable multiple
transverse mode semiconductor lasers having an output wavelength
exceeding 1,900 nm and either an average output power or CW output
power greater than 2 W.
* * * * *
    d.1.d. * * *
    d.1.d.1. * * *
    d.1.d.1.d. * * *
    Note: See USML Category XII(b)(13)(i) for laser stacked arrays
having an output wavelength less than 1,400 nm and a peak pulsed
power density greater than 3,300 W/cm2.
* * * * *
    d.1.d.2. * * *
    d.1.d.2.d. * * *
    Note: See USML Category XII(b)(13)(ii) for laser stacked arrays
having an output wavelength exceeding 1,400 nm but less than 1,900
nm and a peak pulsed power density greater than 700 W/cm2.
* * * * *
    d.1.d.3. * * *
    d.1.d.3.b. * * *
    Note: See USML Category XII(b)(13)(iii) for laser stacked arrays
having an output wavelength exceeding 1,900 nm and a peak pulsed
power density greater than 70 W/cm2. See also USML Category
XII(b)(13)(iv) for laser stacked arrays having an output wavelength
exceeding 1,900 nm, and either an average output power or CW output
power greater than 20 W.
* * * * *

0
22. In Supplement No. 1 to part 774, Category 6, ECCN 6A007 is amended
by revising the Related Controls paragraph in the List of Items
Controlled section, to read as follows:

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

List of Items Controlled

Related Controls: (1) See USML Category XII(d)(4) for certain
gravity meters (gravimeters). (2) See USML Category XII(d)(5) for
certain gravity gradiometers. (3) See ECCN 7A611 for gravity meters
(gravimeters) ``specially designed'' for a defense article
enumerated on the USML or for a ``600 series'' ECCN, and having
automatic motion compensation and an accuracy of less (better) than
2 mGal and greater (worse) than 1mGal. (4) See also ECCNs 6A107 and
6A997.
* * * * *

0
23. In Supplement No. 1 to part 774, Category 6, ECCN 6A008 is amended
by revising the Related Controls paragraph in the List of Items
Controlled section to read as follows:

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

List of Items Controlled

* * * * *
Related Controls: This entry does not control: Secondary
surveillance radar (SSR); Car radar designed for collision
prevention; Displays or monitors used for Air Traffic Control (ATC)
having no more than 12 resolvable elements per mm; Meteorological
(weather) radar. See also ECCNs 6A108 and 6A998. ECCN 6A998
controls, inter alia, the Light Detection and Ranging (LIDAR)
equipment excluded by the note to paragraph j of this ECCN (6A008).
See USML Category XII(b) for certain LIDAR, Laser Detection and
Ranging (LADAR), or range-gated systems or equipment. See ECCN 6A615
for LIDAR, LADAR, or range-gated systems or equipment having a
resolution (i.e., ground point spacing) less (better) than 0.4 m
from an altitude above ground level of 16,500 ft. or greater, and
incorporating a gimbal-mounted transmitter or beam director.
* * * * *

0
24. In Supplement No. 1 to part 774, Category 6, ECCN 6A107 is amended
by revising the Related Controls paragraph in the List of Items
Controlled section to read as follows:

6A107 Gravity meters (gravimeters) or gravity gradiometers, other
than those controlled by 6A007, designed or modified for airborne or
marine use, as follows, (see List of Items Controlled) and
``specially designed'' ``parts'' and ``components'' therefor.
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) See USML Category XII(d)(4) for certain
gravity meters (gravimeters) subject to the ITAR. (2) See USML
Category XII(d)(5) for certain gravity gradiometers subject to the
ITAR. (3) See ECCN 7A611 for gravity meters (gravimeters)
``specially designed'' for a defense article enumerated on the USML
or for a ``600 series'' ECCN, and having automatic motion
compensation and an accuracy of less (better) than 2 mGal and
greater (worse) than 1mGal.
* * * * *

0
25. In Supplement No. 1 to part 774, Category 6, ECCN 6A611 is revised
to read as follows:

6A611 Acoustic systems and equipment, radar, and ``parts,''
``components,'' ``accessories,'' and ``attachments'' ``specially
designed'' therefor, ``specially designed'' for a military
application that are not enumerated in any USML category or other
ECCN are controlled by ECCN 3A611. Military guidance and control
equipment, including certain gravity meters (gravimeters), that are
not enumerated in any USML category or ECCN are controlled by ECCN
7A611.

0
26. In Supplement No. 1 to part 774, Category 6, add ECCN 6A615 between
ECCNs 6A611 and 6A990, to read as follows:

6A615 Military fire control, range finder, and optical, equipment,
and ``specially designed'' ``parts,'' ``components,''
``accessories,'' and ``attachments,'' as follows (See List of Items
Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry except 6A615.y.  NS Column 1.
RS applies to entire entry except 6A615.y.  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry except 6A615.y.  See Sec.   746.1(b) for UN
                                             controls.

List Based License Exceptions (See Part 740 for a Description of all
License Exceptions)

LVS: $1500
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2))
of the EAR may not be used for any item in 6A615.

List of Items Controlled

Related Controls: (1) Military fire control, range finder, optical,
and guidance and control equipment that are enumerated on the USML
Category XII, and technical data (including software) directly
related thereto, are ``subject to the ITAR.'' (2) See Related
Controls in ECCNs 0A987, 2A984, 6A002, 6A003, 6A004, 6A005, 6A007,
6A008, 7A001, 7A002, 7A003, 7A005, and 7A101. (3) See ECCN 3A611 and
USML Category XI for controls on countermeasure equipment. (4) See
ECCN 0A919 for controls on foreign-made ``military commodities''
that incorporate more than a de minimis amount of U.S.-origin ``600
series'' controlled content.
Related Definitions: N/A
Items:

    a. Light Detection and Ranging (LIDAR), Laser Detection and
Ranging (LADAR), or laser range-gated systems or equipment having a
resolution (i.e., ground point spacing) less (better) than 0.4 m
from an altitude above ground level of 16,500 ft. or greater, and
incorporating a gimbal-mounted transmitter or beam director.
    b. Gimbals permanently configured to contain a single payload
consisting of a camera operating exclusively in the visible spectrum
(i.e., 400 nm to 760 nm) and having a minimum root-mean-square (RMS)
stabilization better (less) than 35 microradians.
    c. Zinc selenide, zinc sulfide, germanium or chalcogenide optics
blanks, being flat or initially curved, and having any of the
following:
    c.1. Diameter exceeding 3 inches and thickness exceeding 1.5
inches;
    c.2. Diameter exceeding 5 inches;
    c.3. Length and width both exceeding 3 inches and thicknesses
exceeding 1.5 inches; or
    c.4. Length and width both exceeding 5 inches.
    d. Weapon sights, weapon aiming systems or equipment, and weapon
imaging systems or equipment (e.g. clip-on), having peak response at
a wavelength exceeding 700 nm but not exceeding 1,000 nm, and not
controlled by 0A987.
    e. Targeting or target location systems or equipment
incorporating or ``specially designed'' to incorporate a laser
rangefinder controlled in USML Cat XII(b)(3).
    f. Mobile reconnaissance, scout or surveillance systems or
equipment providing real-time target location.
    g. Combat vehicle, tactical wheeled vehicle, naval vessel, or
aircraft pilotage systems or equipment incorporating a variable
field of view or field of regard, and incorporating a photon
detector-based infrared focal plane array having less than 640
elements.
    h. to w. [RESERVED]
    x. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' that are ``specially designed'' for a commodity
enumerated or otherwise described in ECCN 6A615 (except 6A615.y) or
a defense article enumerated or otherwise described in Category XII
and not elsewhere specified on the USML, in 6A615.y, or 3A611.y.
    y. Specific ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for a commodity subject to
control in this ECCN or a fire control, range finder, or optical
defense article in USML Category XII and not elsewhere specified on
the USML or in the CCL, as follows, and ``parts,'' ``components,''
``accessories,'' and ``attachments'' ``specially designed''
therefor:
    y.1 [RESERVED]

0
27. In Supplement No. 1 to part 774, Category 6, ECCN 6A990, the
License Requirements Section, the List Based License Exceptions Section
and the related controls paragraph of the List of Items Controlled
Section are revised to read as follows:

6A990 Read-out integrated circuits ``specially designed'' for
``focal plane arrays'' controlled by 6A002.a.3.

License Requirements

Reason for Control: RS, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

RS applies to entire entry................  A license is required to
                                             export and reexport to all
                                             countries, including
                                             Canada. A column specific
                                             to this control does not
                                             appear on the Commerce
                                             Country Chart. (See Sec.
                                             742.6(a)(8)).
AT applies to entire entry................  AT Column 1.

List Based License Exceptions (See Part 740 for a Description of all
License Exceptions)

LVS: $500
GBS: N/A
CIV: N/A

List of Items Controlled

Related Controls: (1) See USML Category XII(e) for read-out
integrated circuits ``subject to the ITAR.'' (2) See ECCN 0A919 for
foreign made military commodities that incorporate commodities
described in 6A990. (3) Section 744.9 imposes a license requirement
on commodities described in 6A990 if being exported, reexported, or
transferred (in-country) for use by a military end-user or for
incorporation into a commodity controlled by ECCN 0A919.
* * * * *

0
28. In Supplement No. 1 to part 774, Category 6, ECCN 6A993 is amended
by revising the Related Controls paragraph in the List of Items
Controlled section, to read as follows:

6A993 Cameras, not controlled by 6A003 or 6A203, as follows (see
List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) See ECCN 0A919 for foreign made military
commodities that incorporate cameras described in 6A993.a that meet
the criteria specified in Note 3.a to 6A003.b.4.b (i.e., having a
maximum frame rate equal to or less than 9 Hz). (2) Section 744.9
imposes license requirements on cameras described in 6A993.a as a
result of meeting the criteria specified in Note 3.a to 6A003.b.4.b
(i.e., having a maximum frame rate equal to or less than 9 Hz) if
being exported, reexported, or transferred (in-country) for use by a
military end-user or for incorporation into a commodity controlled
by ECCN 0A919.
* * * * *

0
29. In Supplement No. 1 to part 774, Category 6, add ECCN 6B615 between
ECCNs 6B108 and 6B995, to read as follows:

6B615 Test, inspection, and production ``equipment'' and related
commodities ``specially designed'' for the ``development'' or
``production'' of commodities enumerated or otherwise described in
ECCN 6A615 or military fire control, range finder, and optical
equipment enumerated or otherwise described in USML Category XII
(see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry................  NS Column 1.
RS applies to entire entry................  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls.

List Based License Exceptions (See Part 740 for a Description of all
License Exceptions)

LVS: $1,500
GBS: N/A

CIV: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)
of the EAR) may not be used for any item in 6B615.

List of Items Controlled

Related Controls: (1) See Related Controls in ECCNs 0A987, 2A984,
6A002, 6A003, 6A004, 6A005, 6A007, 6A008, 7A001, 7A003, 7A005, and
7A101. (2) See ECCN 0A919 for controls on foreign-made ``military
commodities'' that incorporate more than a de minimis amount of
U.S.-origin ``600 series'' controlled content.
Related Definitions: N/A
Items:

    a. Test, inspection, and production equipment (other than
production equipment and components controlled in paragraph y of
this entry) ``specially designed'' for the ``production'' or
``development'' of commodities controlled in ECCN 6A615 (except
6A615.y) or USML Category XII that are not enumerated in USML
Category XII or ``600 series'' ECCN.
    b. Environmental test facilities ``specially designed'' for the
certification, qualification or testing of commodities controlled in
ECCN 6A615 (except 6A615.y) or USML Category XII that are not
enumerated in USML Category XII or ``600 series'' ECCN.
    c. to w. [RESERVED]
    x. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' that are ``specially designed'' for a commodity
listed in this entry and that are not enumerated on the USML or
controlled by another ``600 series'' ECCN.

0
30. In Supplement No. 1 to part 774, Category 6, ECCN 6D002 is amended
by:
0
a. Revising the License Requirements section;
0
b. Revising the List Based License Exceptions section; and
0
c. Revising the Related Controls paragraph in the List of Items
Controlled section, to read as follows:

6D002 ``Software'' ``specially designed'' for the ``use'' of
equipment controlled by 6A002.b, 6A008 or 6B008.

License Requirements

Reason for Control: NS, MT, RS, AT

                                            Country chart (see Supp. No.