[Federal Register: November 5, 2007 (Volume 72, Number 213)]
[Rules and Regulations]
[Page 62523-62551]
[DOCID:fr05no07-9]

-----------------------------------------------------------------------

Part II

Department of Commerce

-----------------------------------------------------------------------

Bureau of Industry and Security

-----------------------------------------------------------------------

15 CFR Parts 742, 743, et al.

December 2006 Wassenaar Arrangement Plenary Agreement Implementation:
Categories 1, 2, 3, 5 Part I, 6, 7, 8, and 9 of the Commerce Control
List; Wassenaar Reporting Requirements; Definitions; and Statement of
Understanding on Source Code; Final Rule

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 742, 743, 744, 772 and 774

[Docket No. 070105004-7050-01]
RIN 0694 AD95

December 2006 Wassenaar Arrangement Plenary Agreement
Implementation: Categories 1, 2, 3, 5 Part I, 6, 7, 8, and 9 of the
Commerce Control List; Wassenaar Reporting Requirements; Definitions;
and Statement of Understanding on Source Code

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Industry and Security (BIS) maintains the
Commerce Control List (CCL), which identifies items subject to
Department of Commerce export controls. This final rule revises the
Export Administration Regulations (EAR) to implement changes made to
the Wassenaar Arrangement's List of Dual Use Goods and Technologies
(Wassenaar List), and Statements of Understanding maintained and agreed
to by governments participating in the Wassenaar Arrangement on Export
Controls for Conventional Arms and Dual Use Goods and Technologies
(Wassenaar Arrangement, or WA). The Wassenaar Arrangement advocates
implementation of effective export controls on strategic items with the
objective of improving regional and international security and
stability. To harmonize with the changes to the Wassenaar List, this
rule revises the EAR by amending certain entries that are controlled
for national security reasons in Categories 1, 2, 3, 5 Part I
(telecommunications), 6, 7, 8, and 9; and adding new entries to the
Commerce Control List (CCL), amending EAR Definitions, as well as
adding new definitions to the EAR, and adding a new Statement of
Understanding on source code.
    The purpose of this final rule is to make the necessary changes to
the CCL, definitions of terms used in the EAR, and Wassenaar reporting
requirements to implement Wassenaar List revisions that were agreed
upon in the December 2006 Wassenaar Arrangement Plenary Meeting.
    This rule also adds and expands unilateral U.S. export controls and
national security export controls on certain items to make them
consistent with the amendments made to implement the Wassenaar
Arrangement's decisions. In addition, this rule removes the remaining
references to ``Composite Theoretical Performance (CTP)'' and
``Millions of Theoretical Operations Per Second (MTOPS)'' in the EAR,
which is consistent with agreements made by the Wassenaar Arrangement
with regard to microprocessors.

DATES: Effective Date: This rule is effective November 5, 2007.

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

Category 1: Bob Teer<PHONE_NUMBER>.
Category 2: George Loh<PHONE_NUMBER>.
Category 3: Brian Baker<PHONE_NUMBER>.
Category 5 Part 1: Joe Young<PHONE_NUMBER>.
Category 6: Chris Costanzo<PHONE_NUMBER>.
Category 7: Mark Jaso<PHONE_NUMBER>.
Categories 8 and 9: Gene Christensen<PHONE_NUMBER>.

    Comments regarding the collections of information associated with
this rule, including suggestions for reducing the burden, should be
sent to OMB Desk Officer, New Executive Office Building, Washington, DC
20503. Attention: David Rostker; and to the Office of Administration,
Bureau of Industry and Security, Department of Commerce, 14th St. and
Pennsylvania Avenue, NW., Room 6883, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

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

Expanded and New Export Controls

    This rule imposes new controls and expands NS Column 1 controls.
This rule imposes a license requirement under section 742.4(a) of the
EAR for exports and reexports to all destinations, except Canada, of
certain commodities (and related software and technology) described in
ECCNs 1E002.g, 3E001, 7A001, 7A002.a and .c, 7A003.d, 7D001, 7D003,
7E001, 7E002, 7E004.a.7, 9D004.f and .g. These destinations have an
``X'' indicated in NS column 1 on the Commerce Country Chart of
Supplement No. 1 to Part 738. The purpose of the controls is to ensure
that these items do not make a contribution to the military potential
of any other country or combination of countries that would prove
detrimental to the national security of the United States. For
designated terrorism supporting countries or embargoed countries, the
applicable licensing policies are found in Parts 742 and 746 of the
EAR, and Supplement No. 1 to Part 736 of the EAR for Syria.
    This rule also imposes new controls and expands NS Column 2
controls. This rule imposes a license requirement under section
742.4(a) of the EAR for exports and reexports of commodities (and
related software and technology) described in 1C005.a, 1C005.b.1,
1C005.b.2, 1C005.c, 1D003, 2B002.c, 2B002.d, 3A001.b.9, 3A001.e.4,
3A001.g, 3B001.f.2, 3B001.i, 3C005, 5A001.g, 6A008.a, 7A008, 8A002.a,
8A002.a.4 (components) to destinations that are not Country Group A:1
destinations, or that are not cooperating countries (see Supplement No.
1 to Part 740 of the EAR). These destinations have an ``X'' indicated
in NS column 2 on the Commerce Country Chart of Supplement No. 1 to
Part 738 of the EAR. The purpose of the controls is to ensure that
these items do not make a contribution to the military potential of
such destination countries that would prove detrimental to the national
security of the United States. For designated terrorism supporting
countries or embargoed countries, the applicable licensing policies are
found in Parts 742 and 746 of the EAR, and Supplement No. 1 to Part 736
of the EAR for Syria.
    The licensing policy for national security controlled items
exported or reexported to any country except a country in Country Group
D:1 (see Supplement No. 1 to Part 740 of the EAR) is to approve license
applications unless there is a significant risk that the

items will be diverted to a country in Country Group D:1. The general
policy for exports and reexports of items to Country Group D:1 is to
approve license applications when BIS determines, on a case by case
basis, that the items are for civilian use or would otherwise not make
a significant contribution to the military potential of the country of
destination that would prove detrimental to the national security of
the United States.
    This rule imposes new controls and expands antiterrorism (AT)
controls. This rule imposes a unilateral U.S. license requirement to
export and reexport commodities (and related software and technology)
controlled under 1C005.a, 1C005.b.1, 1C005.b.2, 1C005.c, 1D003,
1E002.g, 2B002.d.2, 2B002.d.3, 3A001.b.9, 3A001.e.4, 3A001.g,
3B001.f.2, 3B001.i, 3C005, 3E001, 5A001.g, 6A008.a, 7A001, 7A002.a and
.c, 7A003.d, 7A008, 7D001, 7D003.a and .b, 7E001, 7E002, 7E004.a.7,
8A002.a, 8A002.a.4 (components), and 9D004.f and .g for AT reasons to
Cuba, Iran, North Korea, Sudan and Syria, in addition to the national
security controls imposed to implement the Wassenaar Arrangement's
decisions. These unilateral export controls are necessary because under
Section 6(j) of the Export Administration Act of 1979 a license is
required for items that could make a significant contribution to the
military potential of such country or that could enhance the ability of
such country to support acts of international terrorism. There is a
general policy of denial for applications to terrorism supporting
countries, as set forth in Part 742 of the EAR. In addition, certain of
these countries are also subject to embargoes, as set forth in Part 746
of the EAR and Supplement No. 1 to Part 736 of the EAR for Syria. A
license is also required for the export and reexport of these items to
specially designated terrorists and foreign terrorist organizations, as
set forth in Part 744 of the EAR; license applications to these parties
are reviewed under a general policy of denial.

Revisions to the Commerce Control List

    This rule revises a number of entries on the Commerce Control List
(CCL) to implement the December 2006 agreed revisions to the Wassenaar
List of Dual Use Goods and Technologies. This rule also revises
language to provide a complete and more accurate description of
controls. A description of the specific amendments to the CCL pursuant
to the December 2006 Wassenaar Agreement is provided below. Newly added
ECCNS, as described below, are as follows: 1D003, 3C005, and 7A008. The
affected ECCNS, as described below, are 1A002, 1B001, 1C005, 1C008,
1C010, 1C998, 1E002, 2B001, 2B002, 3A001, 3A002, 3A991, 3B001, 3B991,
3C002, 3C992, 3E001, 3E002, 5A001, 5A991, 5E001, 6A002, 6A004, 6A005,
6A006, 6A008, 6A995, 6D003, 6E201, 7A001, 7A002, 7A003, 7A101, 7B003,
7D001, 7D003, 7E001, 7E002, 7E004, 8A002, 8C001, 9D004, 9E001, and
9E002.

Category 1 Materials, Chemicals, ``Microorganisms,'' and Toxins

    ECCN 1A002 (Composite structures or laminates) is amended by:
    a. Clarifying 1A002.a by adding `consisting of' in front of the
parameter and deleting `made from';
    b. Clarifying 1A002.b by adding `consisting of' to the front and
replacing `made from' with `any of the following' to the end of the
subparagraph';
    c. Clarifying the term `aircraft' to read `civil aircraft' in the
Note to 1A002;
    d. Clarifying the size of fabric made from ``fibrous or filamentary
materials'' not controlled for repair of civil aircraft structures from
'1 m\2\' to '100 cm x 100 cm'.
    Rationale: The previous material size limit impaired the ability of
airlines to repair their airplanes successfully and in a timely manner.
With each new commercial airplane design, the proportion of structure
made from carbon materials is increasing.
    ECCN 1A004 (Protective and detection equipment and components not
specially designed for military use) is amended by revising the Related
Controls paragraph in the List of Items Controlled section by
redesignating note 2 as note 3 and adding a new note 2 to read ``See
ECCN 1D003 for ``software'' specially designed or modified to enable
equipment to perform the functions of equipment controlled under
section 1A004.c (Nuclear, biological and chemical (NBC) detection
systems). See ECCN 1E002.g for control libraries (parametric technical
databases) specially designed or modified to enable equipment to
perform the functions of equipment controlled under 1A004.c (Nuclear,
biological and chemical (NBC) detection systems).''
    ECCN 1B001 (Equipment for the production of fibers) is amended by:
    a. Adding a note to the License Requirement section under the MT
control that reads ``Note: MT applies to equipment in 1B001.d that
meets or exceeds the parameters of 1B101.'' to clarify the MT license
requirement, as this requirement has been particularly confusing to the
public; and
    b. Clarifying the text of 1B001.f., because attempts have been made
to export ultrasonic equipment without license due to interpretation
that the 3-D and ultrasonic tomography parameters make an empty box.
The control text therefore is clarified to ensure systems with critical
capability are controlled for export.
    ECCN 1C005 (superconductive composite conductors) is amended by:
    a. Removing the term `multifilamentary' from 1C005.a.;
    b. Replacing the `or' with an `and' in 1C005.a.1.;
    c. Removing part of the parameter `but less than 25 K
(249.16[deg]C)' from 1C005.b.1.;
    d. Replacing 1C005.b.2 which stated, ``A cross-section area less
than 0.28 x 10-\4\ mm\2\; and'' to read ``Remaining in the
``superconductive'' state at a temperature of 4.2 K (-268.96 [deg]C)
when exposed to a magnetic field oriented in any direction
perpendicular to the longitudinal axis of conductor and corresponding
to a magnetic induction of 12 T with critical current density exceeding
1750 A/mm\2\ on overall cross-section of the conductor.''
    e. Removing 1C005.b.3; and
    f. Adding 1C005.c and a new technical note, to read as follows
````Superconductive'' ``composite'' conductors consisting of one or
more ``superconductive'' filaments which remain ``superconductive''
above 115 K (-158.16 [deg]C).

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

    Rationale: These revisions are made to align controls with current
technology.
    ECCN 1C008 (Non-fluorinated polymeric substances) is amended by:
    a. Redesignating Note 1 as Note 2 and adding a new Note 1 to
clarify the term polymeric substances;
    b. Revising the test method of determination of a heat distortion
temperature in 1C008.b. from `ISO 75-3 (2004)' to `ISO 75-2 (2004),
method A'; and
    c. Revising the load parameter in 1C008.b from '1.82 N/mm2' to
'1.80 N/mm2';
    Rationale: ISO75-3 (2004) specifies the method for determining the
temperature of deflection under a load of high-strength thermosetting
laminates and compression-molded long-fiber-reinforced plastics in
which the fiber length is greater than 7.5 mm. The materials controlled
under 1C008.b are thermoplastic liquid crystal co-polymers, and
therefore ISO75-3 (2004) is not an appropriate test method for 1C008.b.
materials. In accordance with

ISO75-2 (2004), method A, '1.82 N/mm2' is replaced with '1.80 N/mm2'.
    d. Delete 1C008.c, which are polyarylene ether ketones, including
polyether ketone ketone (PEKK), polyether ketone (PEK), and Polyether
ketone ether ketone ketone (PEKEKK).
    Rationale: The patent for polyarylene ether ketones has expired and
China and India are now manufacturing the commodity under different
trade names. The manufacturing technology and the properties for all
these products are very similar. Although polyarylene ether ketones is
no longer controlled under ECCN 1C008 and related technology controlled
under 1E001, there remains a license requirement under ECCNs1C998 and
1E998 respectively.
    ECCN 1C010 (fibrous or filamentary materials) is amended by:
    a. Clarifying the term `aircraft' to read `civil aircraft' in the
Notes to 1C010.b and 1C010.e;
    b. Increasing the size of fabric made from ``fibrous or filamentary
materials'' not controlled for repair of civil aircraft structures in
the Notes to 1C010.b and 1C010.e from '50 cm x 90 cm' to '100 cm x 100
cm'; and
    c. Adding the Celsius equivalent (2 [deg]C) to 2K in the Technical
Note that describes glass transition temperature.
    Rationale: The previous material size limit impaired the ability of
airlines to repair their airplanes successfully and in a timely manner.
With each new commercial airplane design, the proportion of structure
made from carbon materials is increasing.
    ECCN 1C998 (Non-fluorinated polymeric substances) is amended by:
    a. Redesignating 1C998.a to 1C998.a.1; and
    b. Revising paragraph 1C998.a to add the polyarylene ether ketones
deleted from 1C008.c.

    Note: For equipment no longer controlled under ECCN 1C008 and
related technology controlled under 1E001, there remains a license
requirement under ECCNs1C998 and 1E998 respectively, for exports and
reexports to designated terrorism supporting countries, as set forth
in Parts 742 and 746 of the EAR and as indicated in AT Column 1 of
the Commerce Country Chart.

    ECCN 1D003 is added to control ``software'' specially designed or
modified to enable equipment to perform the functions of equipment
controlled under section 1A004.c (Nuclear, biological and chemical
(NBC) detection systems).
    ECCN 1E001 is amended by revising the Related Controls paragraph in
the List of Items Controlled section by redesignating notes 2 and 3 as
notes 3 and 4, and adding a new note 2 to read ``See ECCN 1E002.g for
control libraries (parametric technical databases) specially designed
or modified to enable equipment to perform the functions of equipment
controlled under 1A004.c (Nuclear, biological and chemical (NBC)
detection systems).''
    ECCN 1E002 is amended to add a new paragraph 1E002.g to control
libraries (parametric technical databases) specially designed or
modified to enable equipment to perform the functions of equipment
controlled under 1A004.c (Nuclear, biological and chemical (NBC)
detection systems).
    Rationale: ECCNs 1D003 and 1E002 are revised because some non-
controlled detection systems can be upgraded to become controlled
nuclear, biological and chemical (NBC) detection systems by uploading
software or the associated library of NBC related chemical fingerprints
into the memory of the detector.

Category 2 Materials Processing

    ECCN 2B001 (Machine tools) is amended by revising the Unit
paragraph in the List of Items Controlled section to remove ``parts and
accessories'', and adding additional parameters to the contact lens
machine exception in Note to 2B001.a in order to prevent general
purpose diamond turning machines from being exported as contact lens
machines.
    ECCN 2B002 (Numerically controlled machine tools using a
magnetorheological finishing (MRF) process) is amended by:
    a. Revising the heading to clarify the scope of controls from
`numerically controlled machine tools' to `numerically controlled
optical finishing machine tools'; and to revise the way the parameters
are applied from ``having any of the following'' to `having all of the
following';
    b. Adding a new definition for `Electrorheological finishing (ERF)'
to the Related Definitions paragraph in the List of Items Controlled
section;
    c. Removing the `or' at the end of 2B002.a;
    d. Adding new paragraphs 2B002.c to add a new parameter (Three or
more axes which can be coordinated simultaneously for `contouring
control'); and
    e. Adding a new paragraphs 2B002.d.1 through d.3 to list specific
optical finishing processes (Magnetorheological finishing (`MRF');
Electrorheological finishing (`ERF'); and `Energetic particle beam
finishing').

Category 3 Electronics

    ECCN 3A001 (Electronic components) is amended by:
    a. Adding 3A001.b.9 to the License Exception LVS eligibility
paragraph for $3,000, and adding 3A001.b.9 and 3A001.g to the License
Exception GBS eligibility paragraph;
    b. Correcting 3A001.a.5.a.1 by adding the word ``with'' to be
consistent with the Wassenaar Dual-Use List (A resolution of 8 bit or
more, but less than 10 bit, with an output rate greater than 500
million words per second);
    c. Revising the output rate for analog-to-digital converter
integrated circuits in 3A001.a.5.a.3 from `greater than 50 million
words per second' to ``greater than 105 million words per second'';
    d. Revising the output rate for analog-to-digital converter
integrated circuits in 3A001.a.5.a.4 from `greater than 5 million words
per second' to `greater than 10 million words per second';
    e. Revising the output rate for analog-to-digital converter
integrated circuits in 3A001.a.5.a.5 from `greater than 1 million words
per second' to `greater than 2.5 million words per second';
    Rationale: These output rates are updated to keep pace with
advances in analog-to-digital converter technology and growing
commercial markets.

    Note: For analog-to-digital converter integrated circuits no
longer controlled under ECCN 3A001.a.5.a and related technology
controlled under ECCN 3E001, there remains a license requirement
under ECCNs 3A991.c and 3E991 respectively, as well as a software
control under ECCN 3D991 for exports and reexports to designated
terrorism supporting countries, as set forth in Parts 742 and 746 of
the EAR and as indicated in AT Column 1 of the Commerce Country
Chart.

    f. 3A001.b.9 is amended by adding microwave power modules (MPM),
consisting of, at least, a traveling wave tube, a microwave monolithic
integrated circuit and an integrated electronic power conditioner
having specified parameters;
    Rationale: MPMs are added to 3A001.b.9 because they are used as an
efficient, compact building block in electronic warfare, radar and
communication systems. The military criticality of the MPM results from
the operating frequency, power (peak and/or average), instantaneous
bandwidth, and the speed at which the MPM turns-on and packaging
attributes. The combination of these capabilities results in a large
improvement in power density (power per unit volume) over comparable
solid state power amplifiers, resulting in a wide range of military
applications. These include synthetic aperture radar, wideband data
links, satellite communications, towed decoys and electronic warfare.
Commercial applications of MPMs include satellite communications,
wireless

communications, high power RF sources for laboratory use, and rapid
prototyping of microwave amplifiers for various applications.
    g. 3A001.e.1 is amended by replacing the term ``batteries'' with
the term ``cells'';
    h. 3A001.e.1.a and 3A001.e.1.b are amended by removing the phrase
``and batteries'', replacing the term ``rechargeable cells'' with the
term ``secondary cells'', and changing the energy density parameter to
``550 Wh/kg at 293K (20[deg] C)'';
    i. The technical note for 3A001.e.1 is replaced with 4 new
technical notes that describe ``energy density'', ``cell'', ``primary
cell'', and ``secondary cell'', as well as a note that explains that
``3A001.e. does not control batteries, including single cell
batteries;'' and
    j. 3A001.g is added to control solid-state pulsed power switching
thyristor devices and thyristor modules.
    ECCN 3A002 (General purpose electronic equipment) is amended by:
    a. Revising the eligibility paragraphs for License Exceptions GBS
and CIV to remove 3A002.d, because all signal generators that were
eligible for these license exceptions are no longer controlled under
ECCN 3A002, but are now controlled under ECCN 3A992.a;
    b. Removing a comma between ``Frequency synthesizer'' and
``electronic assemblies'' in 3A002.b to harmonize with the Wassenaar
Dual-Use List;
    c. Adding a note after 3A002.b stating ``The control status of
signal analyzers, signal generators, network analyzers, and microwave
test receivers as stand-alone instruments is determined by 3A002.c.,
3A002.d., 3A002.e., and 3A002.f., respectively.'';
    d. Revising 3A002.d (Frequency synthesized signal generators) by
replacing the term ``master frequency'' with ``master reference
oscillator'';
    e. Revising 3A002.d.3 (``frequency switching time'') by modifying
the text and adding new subparagraphs 3A002.d.3.a through 3A002.d.3.e
that specify various frequency switching time parameters;
    f. Redesignating Note 1 (definition of `pulse duration' ) as Note 2
and adding a new Note 1 following 3A002.d.4 to clarify the term
`frequency synthesized signal generators'; and
    g. Redesignating Technical Note 1 as Technical Note 2, and adding a
new Technical Note 1 to explain that arbitrary waveform and function
generators are normally specified by sample rate.
    ECCN 3A991 (Electronic devices and components not controlled by
3A001) is amended by:
    a. Revising 3A991.a.1 from ``A composite theoretical performance
(CTP) of 6,500 million theoretical operations per second (MTOPS) or
more and an arithmetic logic unit with an access width of 32 bit or
more'' to read ``A performance speed of 5 GFLOPS or more and an
arithmetic logic unit with an access width of 32 bit or more'' to
harmonize with revisions to ECCN 3E002; and
    b. Revising 3A991.j (batteries/cells) to harmonize with revisions
to 3A001.e.1.
    ECCN 3B001 (Equipment for the manufacturing of semiconductor
devices or materials) is amended by:
    a. Correcting the phrase ``3B001.a.2 and a.3, or .f'' to read
``3B001.a.2, a.3, or .f'' in the License Exception GBS eligibility
paragraph in the License Exception section;
    b. Redesignating 3B001.f.2 as 3B001.f.3;
    c. Adding a new paragraph 3B001.f.2 to control imprint lithography
equipment capable of producing features of 180 nm or less; and
    d. Adding a new paragraph 3B001.i to control lithograph templates
designed for integrated circuits controlled by 3A001.
    Rationale: Imprint lithographic technology was added to the
International Technology Roadmap for Semiconductor's (ITRS') 2003
edition. Imprint lithographic systems are currently being manufactured
in the U.S., Austria, Sweden, and Germany, and have demonstrated the
capability of producing features as small as 10nm. While these systems
do not yet have the throughput and overlay accuracy necessary for use
in major silicon integrated circuit production facilities, the
technology is maturing, and is expected to be widely used at the 45nm
technology node. They are currently being used in compound
semiconductor manufacturing, and compound semiconductor devices have
important military applications.
    ECCN 3B991 (Equipment not controlled by 3B001 for the manufacture
of electronic components and materials) is amended by adding ECCN 3C005
to the list of ECCNs referenced in 3B991.b.1.b in order to harmonize
with the addition of this new ECCN.
    ECCN 3C002 (Resist materials) is amended by revising the heading to
conform to the Wassenaar Dual-Use List and the wavelength for positive
resists designed for semiconductor lithography from `below 350 nm' to
`below 245 nm' in order to match the wavelength threshold in ECCN
3B001.a (lithography equipment), which was changed in 2004.
    ECCN 3C005 (Silicone carbide wafers) is added to the Commerce
Control List to control silicon carbide (SiC) wafers having a
resistivity of more than 10,000 ohm-cm, because it is emerging as the
material of choice for high temperature devices, such as power
switches, which are used in both military (e.g., military ships,
vehicles, radar, communications, electromagnetic warfare and weapons
systems) and commercial applications (e.g., communication systems,
electric power, utilities industry, civil radar systems, cell phone
base stations, and high definition television transmitters).

    Note: ECCN 3C005 is controlled for NS:2 and AT:1 reasons. In
addition, ECCN 3E001 controls for NS:1 and AT:1 reasons related
technology for the development or production of silicon carbide
(SiC) wafers classified as ECCN 3C005, and ECCN 3B991.b.1.b controls
for AT:1 reasons related equipment specially designed for purifying
or processing III/V and II/VI semiconductor materials controlled by
ECCN 3C005.

    ECCN 3C992 (positive resists) is amended by revising the heading to
adjust the wavelength from `between 370 and 350 nm' to 'between 370 and
245 nm' to harmonize with the revision to 3C002.
    ECCN 3E001 is amended by:
    a. Revising the NS control text in the License Requirements section
to add the new ECCN 3C005;
    b. Revising the Related Controls paragraph in the List of Items
Controlled section to remove outdated note 2 and redesignating note 3
as note 2, because updated version of this note is already reflected in
the Items paragraph of the List of Items Controlled section.
    c. Redesignating Note 1 as Note 2 and Note 2 as Note 1 in the Items
paragraph; and
    d. Revising the citation in the technical note from `Note b' to
`Note 2' in the Items paragraph.
    ECCN 3E002 is amended by:
    a. Revising the heading to remove references to `composite
theoretical performance (CTP)' and `million theoretical operations per
second (MTOPS)';
    b. Revising License Exception CIV eligibility text from ``Composite
Theoretical Performance (CTP) less than or equal to 40,000 MTOPS
(regardless of word length or access width)'' to read ``vector
processor unit with operand length of 64-bit or less, 64-bit floating
operations not exceeding 32 GFLOPS, or 16-bit or more floating-point
operations not exceeding 32 GMACS'' to conform to the revisions in
3A001 regarding microprocessors;

    Note: The new parameter for measuring vector processor units is
GMACS, which

equals billions of 16-bit fixed-point multiply-accumulate operations
per second.

    c. Adding subparagraphs 3E002.a, 3E002.b, and 3E002.c to specify
new parameters for microprocessor technology controls related to the
vector processor unit, floating-point vectors, and fixed-point
multiply-accumulate results, including adding a technical note to
describe ``vector processing unit''
    Rationale: These changes are made to remove the remaining
references to ``Composite Theoretical Performance (CTP)'' and
``Millions of Theoretical Operations Per Second (MTOPS)'' in the EAR,
which is consistent with agreements made by the Wassenaar Arrangement
with regard to microprocessors. Information on How to Calculate
``Composite Theoretical Performance'' (``CTP'') is removed from the end
of Category 3, because CTP is no longer a parameter used to control any
entry in the Commerce Control List.

Category 5 Part I Telecommunications

    ECCN 5A001 (Telecommunications systems, equipment, and components)
is amended by:
    a. Revising the phrase `telecommunication transmission equipment
and systems' to read `telecommunication systems and equipment' in
5A001.b, because 5A001.b controls transmission equipment, but also
receivers, transmitters, and transceivers.
    b. Revising the scope of parameters from `any' to `all' in
5A001.b.2 for radio equipment, because these features are more commonly
found in radio equipment today as a result of technological advances;
    c. Removing the parameter in 5A001.b.2.a `incorporating adaptive
techniques providing more than 15 dB suppression of an interfering
signal';
    Rationale: These revisions are made to 5A001 because the parameter
is obsolete due to technological advances in Digital Signal Processing
(DSP).
    d. Adding 5A001.g to the NS:2 control paragraph in the License
Requirements section; and
    e. Adding a new paragraph 5A001.g to control specially designed
Passive Coherent Location systems or equipment.
    Rationale: Revisions are made to 5A001.g because passive location
systems can be used in air defense networks to detect and track
aircraft without being detected themselves and have the ability to
detect aircraft designed to be stealthy. These systems can also be used
for civil applications, such as analog FR radio, cellular phone base
stations and digital audio broadcast (DAB).

    Note: Adding 5A001.g (specially designed Passive Coherent
Location systems or equipment) to ECCN 5A001 consequently adds a
license requirement for related development and production software
in ECCN 5D001 and development, production, and use technology in
ECCN 5E001, for the exports and reexports to all destinations,
except Canada, under NS Column 1 of the Commerce Country Chart and
for exports and reexports to designated terrorism supporting
countries, as set forth in Parts 742 and 746 of the EAR and as
indicated in AT Column 1 of the Commerce Country Chart.

    ECCN 5A991 is amended by adding 5A991.b.7.d to maintain anti-
terrorism controls on radio equipment operating in the 1.5 MHz to 87.5
MHz band and incorporating adaptive techniques providing more than 15
dB suppression of an interfering signal, which this rule removed from
5A001.b.2.a.

    Note: Adding 5A991.b.7.d to ECCN 5A991 consequently maintains a
license requirement for related development, production, and use
software in ECCN 5D991, for the exports and reexports to designated
terrorism supporting countries, as set forth in Parts 742 and 746 of
the EAR and as indicated in AT Column 1 of the Commerce Country
Chart. However, the Wassenaar Arrangement agreed to maintain
national security controls for the related technology for this
equipment in ECCN 5E001 by adding a new paragraph 5E001.c.4.c.

    ECCN 5E001 is amended by adding a new paragraph 5E001.c.4.c to
maintain national security and anti-terrorism controls on the
technology for the development or production of certain shortwave
radios employing adaptive interference suppression techniques, which
this rule is removing from 5A001.b.2.a.

Category 6 Sensors

    ECCN 6A002 (Optical Sensors) is amended by:
    a. Revising the License Requirement section to add an exception
note under the RS controls to exclude 6A002.a.3.d.a.2 and 6A002.a.3.e
for lead selenide focal plane arrays, because these devices are not
suitable for imaging applications, and no longer merit regional
stability controls;
    b. Revising the Unit paragraph in the List of Items Controlled
section, to remove the term ``accessories'';
    c. Revising the peak response in wavelength range in 6A002.a.3.d.1
from `exceeding 1,200 nm but not exceeding 2,500 nm' to `exceeding
1,200 nm but not exceeding 3,000 nm'; and
    d. Revising the peak response in wavelength range for non-``space-
qualified'' linear (1-dimensional) ``focal plane arrays'' in
6A002.a.3.e from `exceeding 2,500 nm but not exceeding 30,000 nm' to
`exceeding 3,000 nm but not exceeding 30,000 nm'.
    Rationale: The revisions to 6A002.a.3 are made to remove national
security controls on focal plane arrays that are effectively non-usable
in military applications, and to simplify the control text.
    ECCN 6A004 (Optics) is amended by:
    a. Revising the Unit paragraph in the List of Items Controlled
section to remove the reference to cable;
    b. Revising the Related Controls paragraph in the List of Items
Controlled section to add a reference to ECCN 3B001 for optical mirrors
or aspheric optical elements specially designed for lithography
equipment; and by enumerating the notes in the Related Controls
paragraph;
    c. Moving the definition of `aspheric optical element' from the
technical note to the Related Definitions paragraph in the List of
Items Controlled section; and
    d. Adding single quotes around the term `aspheric optical elements'
in 6A004.e to indicate that the definition may be found in the Related
Definitions paragraph of the List of Items Controlled section of the
ECCN.
    ECCN 6A005 (Lasers) is amended by:
    a. Revising the NP controls in the License Requirements section to
conform with the revisions in the ECCN 6A005 items paragraph and the
revisions to ECCN 6A205;
    b. Revising the License Requirements Notes to conform to the
revisions related to nuclear controls and revisions in 6A005;
    c. Revising the License Exception GBS and CIV eligibility
paragraphs to conform to the revisions in the items paragraph and the
license requirement note that outlines NP controls;
    d. Revising the Note 6 in the Related Controls paragraph in the
List of Items Controlled section to add ``and ``lasers'' specifically
designed, modified, or configured for military application are subject
to the export licensing authority of the U.S. Department of State,
Directorate of Defense Trade Controls'';
    e. Moving paragraph 1 in the Related Definitions paragraph in the
List of Items Controlled section to Note 1 at the top of the items
paragraph in the List of Items Controlled section, and removing
paragraph 2 in the Related Definitions paragraph;
    f. Adding a definition for `Wall-plug efficiency' in the Related
Definitions paragraph in the List of Items Controlled section;
    g. Adding Notes 2 through 4 to the top of the items paragraph of
the List of

Items Controlled section to clarify controls in ECCN 6A005;
    h. Moving 6A005.a.1 (Excimer lasers) to 6A005.d.4;
    i. Deleting 6A005.a.2 (Metal vapor lasers), as they are now
controlled under 6A005.b, although they are not specifically cited as
before;
    j. Moving 6A005.a.3 (Carbon monoxide (CO) lasers) to 6A005.d.2;
    k. Moving 6A005.a.4 (Carbon dioxide (CO2) lasers) to
6A005.d.3;
    l. Moving 6A005.a.5 (Chemical lasers) to 6A005.d.5;
    m. Deleting 6A005.a.6 (Krypton ion or argon ion lasers), as
pursuant to Note 5.a, Krypton lasers are no longer controlled, and
Argon lasers are now controlled under 6A005.a, with the exception of
Argon lasers below 50W, pursuant to the Note to 6A005.a.2;
    n. Moving 6A005.b (Semiconductor lasers) to 6A005.d.1;
    o. Moving 6A005.c.2 (non-tunable lasers) to 6A005.a and .b, with
the exception of Neodymium glass lasers, and modifying the parameters;
    p. Moving 6A005.c.2.a (Neodymium glass lasers) to 6A005.d.6; and
    q. Moving 6A005.d (dye and other liquid lasers) to 6A005.c (tunable
lasers), see Note to 6A005.c.
    Rationale: The changes in ECCN 6A005 are made to move the laser
controls from technology based categories to performance based
criteria. The categories are restructured, where possible, to remove
specific references to types of lasers and characterize the laser on
the basis of wavelength, power, mode, energy, pulse length, mass, and
efficiency.
    ECCN 6A006 is amended by adding quotes around the term
``compensation systems'' in the heading and in 6A006.d, because it has
become a defined term in Part 772.
    ECCN 6A008 (Radar) is amended by:
    a. Adding a Note to explain that 6A008 does not control: secondary
surveillance radar (SSR), car radar designed for collision prevention,
displays or monitors used for air traffic control (ATC), and
meteorological (weather) radar.
    b. Revising the parameters in 6A008.a to avoid overlapping controls
between 6A008.a and 6A008.m.1.
    ECCN 6A205 is amended by:
    a. Revising the heading to simplify it and place the referenced
ECCNs in order;
    b. Removing the reference to ``parts and accessories'' in the unit
paragraph of the List of Items Controlled section, because these are
not controlled by this entry;
    c. Adding a reference to 6A005.a.2 for additional controls on argon
ion lasers and a reference to 6A005.b.6.b for additional neodymium-
doped lasers in the Related Controls paragraph of the List of Items
Controlled section;
    d. Revising 6A005.b.1 for ``operating at wavelengths for tunable
pulsed single-mode dye laser oscillators'' from ``Operating at
wavelengths between 300 nm and 800 nm'' to ``Operating at wavelengths
between 600 nm and 800 nm'';
    e. Removing 6A205.c (Tunable pulsed dye laser amplifiers and
oscillators), because these paragraphs are entirely controlled by ECCN
6A005.c.1.b;
    f. Revising 6A205.f to maintain NP controls on Neodymium-doped
(other than glass) lasers that are not controlled by ECCN 6A005.
    Rationale: This change is made to split control of Neodymium-doped
lasers between ECCN 6A005.b.6 and 6A205.f, with no intended overlap.
    ECCN 6A995 is amended by:
    a. Revising 6A995.c, so that it controls ``Ruby `lasers' having an
output energy exceeding 20 J per pulse'';
    b. Redesignating paragraph 6A995.d (Free electron lasers) as
paragraph g., and adding three new paragraphs to maintain anti-
terrorism (AT) controls for certain lasers no longer controlled by ECCN
6A005: 6A995.d (Non-``tunable'' ``pulsed lasers''), 6A995.e (Non-
``tunable'' continuous wave ``(CW) lasers''), and 6A995.f (Non-
``tunable'' ``lasers'').
    ECCN 6D003 is amended by adding quotes around the term
``compensation systems'' in the in 6D003.f.1, because it has become a
defined term in Part 772.
    6E201 is amended by revising the heading to harmonize with
revisions made to ECCNs 6A005 and 6A205, and adding the phrase ``not
controlled by 6E001 or 6E002''.

Category 7 Navigation and Avionics

    ECCN 7A001 (Accelerometers) is amended by:
    a. Revising the heading from ``Linear accelerometers designed for
use in inertial navigation or guidance systems and having any of the
following characteristics (see List of Items Controlled), and specially
designed components therefor.'' to read ``Accelerometers as follows
(see List of Items Controlled), and specially designed components
therefor'' in order to change the scope of control from including end-
use and type to a strictly technical control, as set forth in the List
of Items Controlled section;
    b. Revising the MT controls in the License Requirements section
from ``MT applies to entire entry'' to ``MT applies to commodities that
meet or exceed the parameters of 7A101'' to clarify items controlled
for MT reasons based on the Missile Technology Control Regime Annex;
    c. Differentiating between linear accelerometers designed to
operate at high g values and linear accelerometers designed to operate
at low g levels; and
    d. Moving the controls for angular and rotational accelerometers
from the gyro controls in 7A002 to the accelerometer controls in 7A001.
    Rationale: With the constant development of accelerometers, there
are now products on the market which can be used for inertial
navigation and guidance, but that were not necessarily designed for
that purpose. Therefore, these changes are being made to 7A001 to
control these new products.
    ECCN 7A002 (Gyros or angular rate sensors) is amended by:
    a. Revising text in the heading from `and angular or rotational
accelerometers' to read `or angular rate sensors';
    Rationale: The heading is clarified to delete ``angular or
rotational accelerometers'' because angular accelerometers do not
measure angular rate. (These devices are more appropriately addressed
in ECCN 7A001.) Also, the term angular rate sensor is added. With the
emergence of new gyro technology, the term ``angular rate sensor'' is
interchangeable with ``gyro''.
    b. Revising the Missile Technology (MT) reason for control in the
License Requirements section to read ``MT applies to 7A002 items that
meet or exceed the parameters of 7A102'' because some items identified
in 7A002.a and 7A002.b are national security controlled items and not
MT controlled items;
    c. Adding a License Requirement Note to the License Requirements
section to add the Missile Technology Control Regime's definition for
`stability', which should only be used for the purposes of MT controls.
(The Wassenaar Arrangement definition for `stability' is found in Part
772);
    d. Revising the drift rate in from `less (better) than 0.1 degree
per hour when specified to function at acceleration levels below 12 g'
to read ` less (better) than 0.5 degree per hour when specified to
function at linear acceleration levels up to and including 100.g'
combining paragraphs 7A002.a, 7A002.a.1 and 7A002.a.2;
    e. Adding double quotes around the term ``angle random walk'' in
7A002.b;
    f. Removing the technical note defining ``angle random walk'', as
the definition was moved to Part 772;
    g. Redesignating paragraph 7A002.c as paragraph 7A002.d; and

    h. Adding a new paragraph 7A002.c to incorporate three critical
parameters for controlling gyros.
    Rationale: With new gyro technology, e.g. Fiber Optic Gyros (FOG)
and MicroElectroMechanical System (MEMS) gyros, the current 7A002.a.
and b. language does not adequately control gyros required for very
short-term applications and having high rate range, such as those used
in tactical missiles and smart munitions. The former 7A002.c addressed
gyros with a high linear acceleration capability. The new paragraph
7A002.c includes three critical parameters: drift rate stability, input
rate range and angle random walk (ARW). To be controlled, the gyro must
meet the drift rate stability and either the input rate range or ARW
parameter. The input rate range of 500 degrees per second and the ARW
parameter of 0.2 degrees per square root hour were selected because
they are consistent with tactical missile and howitzer requirements.
The 40 degrees per hour drift rate stability was selected because it
would control gyros used for guidance in very short mission tactical
weapons and smart munitions, but would avoid the control of gyros used
in automobiles. This revision will control the most critical gyros,
while allowing wide commercial-use of these new gyro technologies.
    ECCN 7A003 (Inertial systems) is amended by:
    a. Adding 7A003.d to control Inertial measurement equipment,
including Inertial Measurement Units (IMU) and Inertial Reference
Systems (IRS), which was added to clarify 7A003.c; and
    b. Replacing a reference in Note 2 that stated ``civil authorities
of a country in Country Group A:1'' with ``civil authorities of a
Wassenaar Arrangement Participating State, see Supplement No. 1 to Part
743 for a list of these countries.''
    ECCN 7A008 is added to control underwater sonar navigation systems
for NS:2 and AT:1 reasons, because underwater navigation systems pose
significant military and terrorism concerns because of their potential
use for coastal reconnaissance and infiltration.
    ECCN 7A101 is amended by revising the Heading and the Items
paragraph in the List of Items Controlled section to add a new
paragraph 7A101.b for ``continuous output accelerometers of any type,
specified to function at acceleration levels greater than 100 g, and
specially designed components therefor'' and to expand the scope of the
heading to include this new paragraph.
    Rationale: These accelerometers were previously controlled under
ECCN 7A001, but are no longer controlled under this ECCN because of the
Wassenaar Arrangement's agreement to add the words ``designed for use
in inertial navigation or guidance systems.'' This revision was
necessary in order to maintain the MT controls on these accelerometers
as specified by 9.A.5 of the Missile Technology Control Regime Annex.
    ECCN 7B003 is amended by revising the Related Controls paragraph in
the List of Items Controlled section to clarify that 7B003 controls
include fiber optic gyro coil winding machines.
    ECCN 7D003 is amended by:
    a. Adding software controls for ECCN 7A008 in 7D003.a and .b;
    b. Replacing the term `inertial data' with `heading data' in
7D003.b; and
    c. Revising 7D003.b.1 by adding `or sonar'.
    Rationale: The revisions to 7D003.a address software that improves
navigation performance of equipment controlled by ECCN 7A008. The
revisions to 7D003.b address source code for a hybrid underwater
navigation system that combines a heading source (inertial or non-
inertial, such as a fluxgate compass) with Doppler sonar to provide
positioning data to the level specified in ECCN 7A008.
    ECCNs 7D001, 7E001, and 7E002 are amended to revise the License
Requirement section to include ECCN 7A008 in the NS:1 control and to
exclude ECCN 7A008 from the MT:1 control.
    Rationale: This revision necessary in order to add NS:1 controls
for the related technology and software for the new ECCN 7A008, but to
exclude it from MT:1 controls, as equipment controlled by ECCN 7A008
does not appear on the MTCR Annex.
    ECCN 7E004 is amended by adding 7E004.a.7 to control development
and production technology for Data Based Referenced Navigation (DBRN)
systems designed to navigate underwater using sonar or gravity
databases that provide a positioning accuracy equal to or less (better)
than 0.4 nautical miles.
    Rationale: The addition of ECCN 7A008 and 7E004.a.7 addresses two
new commercial capabilities under the title of Underwater Sonar
Navigation Systems: (1) underwater sonar navigation systems and (2)
technology for underwater Data Based Referenced Navigation (DBRN) (e.g.
sonar imaging). These capabilities pose significant military and
terrorism concerns because of their potential use for coastal
reconnaissance and infiltration. These systems are also used for
commercial surveying applications. The Munitions List ML11 controls
navigation and guidance systems specially designed for military use,
but ML11 does not control underwater sonar navigation systems designed
for commercial use.

Category 8 Marine

    ECCN 8A002 (Systems, equipment and components for submersible
vehicles) is amended by:
    a. Adding `and components' to the heading;
    b. Revising the unit paragraph to add `systems' and `components in
$ value';
    c. Adding `and components' to 8A002.a;
    d. Adding a new paragraph 8A002.a.4 to control `Components
manufactured from material specified in ECCN 8C001.' and adding a
technical note to explain that this control includes components in any
stage of manufacture, i.e., not in final form.
    Rationale: The completed foam blocks, which are components
manufactured from material specified in ECCN 8C001, are ready to use,
and therefore it is sensible to control these `components,' as well as
the raw material that is already controlled, thus blocking a current
loophole in the control text.
    ECCN 8C001 (Syntactic foam designed for underwater use) is amended
to add a reference to 8A002.a.4 in the Related Control paragraph of the
List of Items Controlled section.

Category 9 Propulsion Systems, Space Vehicles and Related Equipment

    Category 9 is amended by revising the title of Category 9 to read
``Aerospace and Propulsion,'' because this Category contains a
significant amount of aerospace items.
    ECCN 9D004 is amended by:
    a. Revising the License Requirement section to exclude the newly
added paragraphs 9D004.f and .g;
    b. Adding a new paragraph 9D004.f to control software specially
designed to design the internal cooling passages of aero gas turbine
engine blades, vanes, and tip shrouds; and
    c. Adding a new paragraph 9D004.g to control software having all of
the following characteristics: Being specially designed to predict aero
thermal, aeromechanical and combustion conditions in gas turbine
engines; and having theoretical modeling predictions of the aero
thermal, aeromechanical and combustion conditions, which have been
validated with actual turbine engine (experimental or production)
performance data.
    Rationale: ECCN 9D004 is amended because this type of software is
used in

highly advanced research domains and is not part of the ``off the
shelf'' market. Rather, it is developed, and daily improved, by
aircraft engine manufacturers. The software is used in the setting of
new engines, and the quality is crucial for improving the performances
of aircraft engines.
    ECCN 9E001 is amended by revising the heading and the national
security controls to correct the citation 9A001.c to read 9A001.b.
    ECCN 9E002 is amended by revising the heading to correct the
citation 9A001.c to read 9A001.b.

Part 742 ``Control Policy--CCL Based Controls''

    This rule amends section 742.19 by revising paragraph (b)(1)(xix)
from stating ``Microprocessors with a CTP of 550 or above'' to read
``Microprocessors with a processing speed of 0.5 GFLOPS or above'' In
addition, this rule amends Supplement No. 2 ``Anti-terrorism Controls:
Iran, North Korea, Syria and Sudan Contract Sanctity Dates and Related
Policies'' by revising paragraph (26)(ii) from stating ``With a CTP of
550 MTOPS or above'' to read ``With a processing speed of 0.5 GFLOPS or
above.''

Retiring Composite Theoretical Performance/Millions of Theoretical
Operations Per Second (CTP/MTOPS) Metric

    The CTP/MTOPS metric was used in measuring computer and
microprocessor performance. The usefulness of the CTP/MTOPS metric in
defining computer and microprocessor performance has been overtaken by
advances in technology. The U.S. Government, in a final rule published
in April 2006 (71 FR 20876), replaced the CTP/MTOPS metric with the
APP/WT metric for measuring computer performance. The CTP/MTOPS
reference was retained in certain parts of the EAR for measuring
microprocessor performance because it was still used by the Wassenaar
Arrangement (WA) in defining the control level for microprocessor
technology. In the WA 2006 list review, the WA revised its
microprocessor technology control and discontinued all uses of the CTP/
MTOPS metric in the WA List of Dual-use Goods and Technologies. The
U.S. Government is also discontinuing all uses of CTP/MTOPS in the EAR
with this implementation of the results of the WA 2006 list review.

Deviating From Parallel Control Parameters by Not Using Adjusted Peak
Performance/Weighted TeraFLOPS (APP/WT) Metric (Used To Measure
Computer Performance) To Measure Microprocessor Performance

    With the use of the APP/WT metric for measuring computer
performance, there is the temptation, following tradition, to use the
APP/WT metric to measure microprocessor performance. However, the
GFLOPS metric (billions of 64-bit floating-point operations per second)
is preferable to the APP/WT metric because:
    (a) The GFLOPS value is published by the manufacturer in its
product literature.
    (b) The additional complexities introduced by the APP/WT metric are
unnecessary because there is a direct linear relationship between the
proposed GFLOPS metric and the APP/WT metric (1 GFLOPS = 0.001*0.3 WT =
0.0003 WT).
    (c) The translation from GFLOPS to WT provides no additional value.
    (d) In the 1990s, the Wassenaar Arrangement (WA) controlled
microprocessors with a wide range of operand lengths (8-bit, 16-bit,
32-bit, 64-bit). Today, the WA is only interested in processors with
32- and 64-bit operands. GFLOPS standardizes the measurement on 64-bit
floating-point multiply and add. In short, technology has moved
forward.
    (e) A large part of the CTP formula deals with computer
architecture and the rules of aggregation that have absolutely no
meaning for microprocessors. Exporters have expressed concern about the
need to deal with a complex formula when all they really need is a
small part of the CTP formula to calculate the speed of a
microprocessor, i.e., GFLOPS.

Section 743.1 ``Wassenaar Arrangement''

    Section 743.1 is amended by:
     Inserting ``6A001'' before ``a.2.d'' for clarification in
paragraph (c)(1)(vi);
     Adding ECCN 6A006.a.1 to paragraph (c)(1)(vi);
     Adding clarification notes in parentheticals after:
6A002.c, 6A003.b.3, and 6A003.b.4 in paragraph (c)(1)(vi);
     Replacing the text in the parentheticals after 6A006.d in
paragraph (c)(1)(vi) with the reference ``certain items only; see Note
to this paragraph''; and
     Revising the Notes to paragraph (c)(1)(vi) to add another
type of focal plane array excluded from reporting under 6A002.a.3,
namely, microbolometer focal plane arrays having less than 8,000
elements. Also, adding a new Note 2 to describe which items in 6A006.d
are subject to the Wassenaar special reporting requirement.
    Rationale: All of the revisions to 743.1(c)(1)(vi) are made to
conform to the Wassenaar Sensitive List and will also affect Wassenaar
reporting requirements for ECCNS 6E001 and 6E002.
    Section 744.17 ``Restrictions on certain exports and reexports of
general purpose microprocessors for `military end-uses' and to
`military end-users' '' is amended by revising the parameter in the
first sentence of paragraph (a) that stated ``a composite theoretical
performance'' (``CTP'') of 6,500 million theoretical operations per
second (MTOPS)'' to read ``a processing speed of 5 GFLOPS''.

Definitions in Part 772

    Section 772.1 is amended by:
    a. Removing the terms ``Composite theoretical performance (CTP)''
and ``CTP'';
    b. Revising the definition of the terms ``Drift rate'' and ``Peak
power''; and
    c. Adding in alphabetical order the definitions for ``Angle random
walk'', ``Average Output Power'', ``Compensation Systems'', ``CW
Laser'', ``Pulsed Laser'', and ``Repeatability''.

Supplement No. 3 to Part 774--Statements of Understanding

    This rule adds a Statement of Understanding (SOU) addressing source
code. The SOU explains that source code may be controlled in either a
software or technology entry. The rationale for adding this SOU was to
allow flexibility to control source code in either a software or a
technology entry, where the definitions for ``software'' and
``technology'' didn't seem to allow for such flexibility. This SOU only
applies to national security controlled items, as no such SOU has been
agreed to in other multinational regimes. However, this does not
preclude other regimes or BIS from controlling source code in whatever
manner is best suited for the situation. For the purposes of applying
this SOU to source code subject to the EAR, source code should be
considered ``software,'' unless otherwise stated.
    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 15,
2007, 72 FR 46137 (August 16, 2007), has continued the Export
Administration Regulations in

effect under the International Emergency Economic Powers Act.

Saving Clause

    Shipments of items removed from license exception eligibility or
eligibility for export without a license as a result of this regulatory
action that were on dock for loading, on lighter, laden aboard an
exporting carrier, or en route aboard a carrier to a port of export, on
November 5, 2007, pursuant to actual orders for export to a foreign
destination, may proceed to that destination under the previous license
exception eligibility or without a license so long as they have been
exported from the United States before December 5, 2007. Any such items
not actually exported before midnight, on December 5, 2007, require a
license in accordance with this regulation.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
involves two collections of information subject to the PRA. One of the
collections has been approved by OMB under control number 0694 0088,
``Multi Purpose Application,'' and carries a burden hour estimate of 58
minutes for a manual or electronic submission. The other of the
collections has been approved by OMB under control number 0694 0106,
``Reporting and Recordkeeping Requirements under the Wassenaar
Arrangement,'' and carries a burden hour estimate of 21 minutes for a
manual or electronic submission. Send comments regarding these burden
estimates or any other aspect of these collections of information,
including suggestions for reducing the burden, to OMB Desk Officer, New
Executive Office Building, Washington, DC 20503; and to the Office of
Administration, Bureau of Industry and Security, Department of
Commerce, 14th and Pennsylvania Avenue, NW., Room 6622, Washington, DC
20230.
    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Further, no other
law requires that a notice of proposed rulemaking and an opportunity
for public comment be given for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under the Administrative Procedure
Act or by any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore,
this regulation is issued in final form. Although there is no formal
comment period, public comments on this regulation are welcome on a
continuing basis. Comments should be submitted to Sharron Cook, Office
of Exporter Services, Bureau of Industry and Security, Department of
Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 743

    Administrative practice and procedure, Reporting and recordkeeping
requirements.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

0
Accordingly, parts 742, 743, 744, 772 and 774 of the Export
Administration Regulations (15 CFR parts 730 799) are amended as
follows:

PART 742--[AMENDED]

0
1. The authority citation for part 742 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; Sec. 901-911, Pub. L. 106-
387; Sec. 221, Pub. L. 107-56; 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 3, 2006, 71 FR 44551 (August 7, 2006);
Notice of October 27, 2006, 71 FR 64109 (October 31, 2006); Notice
of August 15, 2007, 72 FR 46137 (August 16, 2007).

0
2. Section 742.19 is amended by revising paragraph (b)(1)(xix) to read
``Microprocessors with a processing speed of 0.5 GFLOPS or above.''
0
3. Supplement No. 2 to Part 742 is amended by revising paragraph
(c)(26)(ii) introductory text to read as follows:

Supplement No. 2 to Part 742--Anti-Terrorism Controls: Iran, North
Korea, Syria and Sudan Contract Sanctity Dates and Related Policies

* * * * *
    (c) * * *
    (26) * * *
    (ii) With a processing speed of 0.5 GFLOPS or above.''
* * * * *

PART 743--[AMENDED]

0
4. The authority citation for part 743 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq; Pub.L. 106-508; 50 U.S.C.
1701 et seq; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006);
Notice of August 15, 2007, 72 FR 46137 (August 16, 2007).

0
5 . Section 743.1 is amended by revising paragraph (c)(1)(vi), revising
the Note to this paragraph, as follows:

Sec.  743.1  Wassenaar Arrangement.

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

equipment and software listed in this paragraph); and 6E002 (for
equipment listed in this paragraph);
    Notes to paragraph (c)(1)(vi):

    Note 1: Reports for 6A002.a.3 exclude the following ``focal
plane arrays'':
    a. Platinum Silicide having less than 10,000 elements;
    b. Iridium Silicide;
    c. Indium Antimonide or Lead Selenide having less than 256
elements;
    d. Indium Arsenide;
    e. Lead Sulphide;
    f. Indium Gallium Arsenide;
    g. Mercury Cadmium Telluride, as follows:
    1. `Scanning Arrays' having any of the following:
    a. 30 elements or less; or
    b. Incorporating time delay-and-integration within the element
and having 2 elements or less;
    2. `Staring Arrays' less than 256 elements;

    Technical Notes:
    `Scanning Arrays' are defined as ``focal plane arrays'' designed
for use with a scanning optical system that images a scene in a
sequential manner to produce an image.
    `Staring Arrays' are defined as ``focal plane arrays''
unfortunately designed for use with a non-scanning optical system that
images a scene.
    h. Gallium Arsenide or Gallium Aluminum Arsenide quantum well
having less than 256 elements; and
    i. Microbolometer having less than 8,000 elements.

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

* * * * *

PART 744--[AMENDED]

0
6. The authority citation for 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; Sec. 901-911, Pub. L. 106-
387; Sec. 221, Pub. L. 107-56; 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 3, 2006, 71
FR 44551 (August 7, 2006); Notice of October 27, 2006, 71 FR 64109
(October 31, 2006); Notice of August 15, 2007, 72 FR 46137 (August
16, 2007).

0
7. Section 744.17 is amended by revising paragraph (a) to read as
follows:

Sec.  744.17  Restrictions on Certain Exports and Reexports of General
Purpose Microprocessors for `Military End-uses' and to `Military End-
users.'

    (a) General prohibition. In addition to the license requirements
for anti-terrorism reasons set forth in Part 42 of the EAR, you may not
export or reexport commodities described in ECCN 3A991.a.1 on the CCL
(``microprocessor microcircuits'', ``microcomputer microcircuits'', and
microcontroller microcircuits having a processing speed of 5 GFLOPS or
more and an arithmetic logic unit with an access width of 32 bit or
more), without a license if, at the time of the export or reexport, you
know, have reason to know, or are informed by BIS that the item will be
or is intended to be used for a `military end-use,' as defined in
paragraph (d) of this section, in Country Group D:1 (see Supplement No.
1 to Part 740 of the EAR); or by a `military end-user,' as defined in
paragraph (e) of this section, in Country Group D:1. This license
requirement does not apply to exports or reexports of items for the
official use by personnel and agencies of the U.S. Government or
agencies of a cooperating government. See Sec.  740.11(b)(3) of the EAR
for definitions of ``agency of the U.S. Government'' and ``agency of a
cooperating government''.
* * * * *

PART 772--[AMENDED]

0
8. 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
3, 2006, 71 FR 44551 (August 7, 2006); Notice of August 15, 2007, 72
FR 46137 (August 16, 2007).

0
9. Section 772.1 is amended by:
0
a. Removing the definitions of the terms ``Composite theoretical
performance'' and ``CTP'';
0
b. Revising the definition of the terms ``Drift rate'' and ``Peak
power'', as set forth below;
0
c. Adding in alphabetical order the definitions for ``Angle random
walk'', ``Average Output Power'', ``Compensation systems'', ``CW
Laser'', ``Pulsed Laser'', and ``Repeatability'' to read as follows:

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

* * * * *
    ``Angle random walk''. (Cat 7) The angular error buildup with time
that is due to white noise in angular rate. (IEEE STD 528-2001)
* * * * *
    ``Average Output Power''. (Cat 6) The average output power is the
total ``laser'' output energy in joules divided by the ``laser
duration'' in seconds.
* * * * *
    ``Compensation systems''. (Cat 6) Consist of the primary scalar
sensor, one or more reference sensors (e.g., vector magnetometers)
together with software that permit reduction of rigid body rotation
noise of the platform.
* * * * *
    ``CW Laser''. (Cat 6) A CW (Continuous Wave) laser is defined as a
laser that produces a nominally constant output energy for greater than
0.25 seconds.
* * * * *
    ``Drift rate''. (gyro) (Cat 7)--The component of gyro output that
is functionally independent of input rotation. It is expressed as an
angular rate. (IEEE STD 528-2001)
* * * * *
    ``Peak power''. (Cat 6)--The highest level of power attained in the
``laser duration''.

    Note: ``Laser Duration'' is the time over which a ``laser''
emits ``laser'' radiation, which for ``pulsed lasers'' corresponds
to the time over which a single pulse or series of consecutive
pulses is emitted.

* * * * *
    ``Pulsed Laser''. (Cat 6)--A pulsed ``laser'' is defined as having
a ``pulse duration'' that is less than or equal to 0.25 seconds.
* * * * *
    ``Repeatability''. (Cat 7)--The closeness of agreement among
repeated measurements of the same variable under the same operating
conditions when changes in conditions or non-operating periods occur
between measurements. (Reference: IEEE STD 528-2001 (one sigma standard
deviation))

PART 774--[AMENDED]

0
10. 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; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; 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 3, 2006, 71 FR 44551
(August 7, 2006); Notice

of August 15, 2007, 72 FR 46137 (August 16, 2007).

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

0
11. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export
Control Classification Number (ECCN) 1A002 is amended by revising the
``items'' paragraph in the List of Items Controlled section, to read as
follows:

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

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Consisting of an organic ``matrix'' and materials controlled
by 1C010.c 1C010.d, or 1C010.e or

    Note: 1A002.a does not control finished or semifinished items
specially designed for purely civilian applications as follows:

    a. Sporting goods;
    b. Automotive industry;
    c. Machine tool industry; and
    d. Medical applications.
    b. Consisting of a metal or carbon ``matrix'' and any of the
following:
    b.1. Carbon ``fibrous or filamentary materials'' with:
    b.1.a. A ``specific modulus'' exceeding 10.15 x 10\6\ m; and
    b.1.b. A ``specific tensile strength'' exceeding 17.7 x 10\4\ m;
or
    b.2. Materials controlled by 1C010.c.

    Note: 1A002.b does not control finished or semifinished items
specially designed for purely civilian applications as follows:

    a. Sporting goods;
    b. Automotive industry;
    c. Machine tool industry; and
    d. Medical applications.
    Technical Notes:
    1. Specific modulus: Young's modulus in pascals, equivalent to
N/m\2\, divided by specific weight in N/m\3\, measured at a
temperature of (296  2) K ((23  2) [deg]C)
and a relative humidity of (50  5)%.
    2. Specific tensile strength: ultimate tensile strength in
pascals, equivalent to N/m\2\ divided by specific weight in N/m\3\,
measured at a temperature of (296  2) K ((23  2) [deg]C) and a relative humidity of (50  5) %.

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

0
12. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export
Control Classification Number (ECCN) 1A004 is amended by revising the
``Related Controls'' paragraph in the List of Items Controlled section,
to read as follows:

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

List of Items Controlled

    Unit: * * *
    Related Controls: (1) See ECCNs 1A995, 2B351, and 2B352. (2) See
ECCN 1D003 for ``software'' specially designed or modified to enable
equipment to perform the functions of equipment controlled under
section 1A004.c (Nuclear, biological and chemical (NBC) detection
systems). (3) See ECCN 1E002.g for control libraries (parametric
technical databases) specially designed or modified to enable
equipment to perform the functions of equipment controlled under
1A004.c (Nuclear, biological and chemical (NBC) detection
systems).(4) Chemical and biological protective and detection
equipment specifically designed, developed, modified, configured, or
adapted for military applications is subject to the export licensing
jurisdiction of the Department of State, Directorate of Defense
Trade Controls (see 22 CFR part 121, category XIV(f)), as is
commercial equipment that incorporates components or parts
controlled under that category unless those components or parts are:
(1) Integral to the device; (2) inseparable from the device; and (3)
incapable of replacement without compromising the effectiveness of
the device, in which case the equipment is subject to the export
licensing jurisdiction of the Department of Commerce under ECCN
1A004.
    Related Definitions: * * *
    Items: * * *

0
13. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export
Control Classification Number (ECCN) 1B001 is amended by revising the
``heading,'' the License Requirement section, and paragraph (f) in the
``items'' paragraph of the List of Items Controlled section, to read as
follows:
    1B001 Equipment for the production of fibers, prepregs, preforms
or ``composites'' controlled by 1A002 or 1C010, as follows (see List
of Items Controlled), and specially designed components and
accessories therefor.

License Requirements

    Reason for Control: NS, MT, NP, AT

------------------------------------------------------------------------
               Control(s)                          Country chart
------------------------------------------------------------------------
NS applies to entire entry..............  NS Column 2.
MT applies to entire entry, except        MT Column 1.
 1B001.d.4 and .f.
Note: MT applies to equipment in 1B001.d
 that meet or exceed the parameters of
 1B101.

NP applies to filament winding machines   NP Column 1.
 described in 1B001.a that are capable
 of winding cylindrical rotors having a
 diameter between 75 mm (3 in) and 400
 mm (16 in) and lengths of 600 mm (24
 in) or greater; AND coordinating and
 programming controls and precision
 mandrels for these filament winding
 machines.
AT applies to entire entry..............  AT Column 1.
------------------------------------------------------------------------

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
* * * * *
    f. Non-destructive inspection equipment specially designed for
``composite'' materials, as follows:
    f.1. X-ray tomography systems for three dimensional defect
inspection;
    f.2. Numerically controlled ultrasonic testing machines of which
the motions for positioning transmitters and/or receivers are
simultaneously coordinated and programmed in four or more axes to
follow the three dimensional contours of the component under
inspection.

0
14. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export
Control Classification Number (ECCN) 1C005 is amended by revising the
List of Items Controlled section, to read as follows:

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

List of Items Controlled

    Unit: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items:
    a. ``Superconductive'' ``composite'' conductors containing one
or more niobium-titanium filaments, having all of the following:
    a.1. Embedded in a ``matrix'' other than a copper or copper-
based mixed ``matrix''; and

    a.2. Having a cross-section area less than 0.28 x
10-4 mm\2\ (6 [mu]m in diameter for circular filaments);
    b. ``Superconductive'' ``composite'' conductors consisting of
one or more ``superconductive'' filaments other than niobium-
titanium, having all of the following:
    b.1. A ``critical temperature'' at zero magnetic induction
exceeding 9.85 K (-263.31 [deg]C); and
    b.2. Remaining in the ``superconductive'' state at a temperature
of 4.2 K (-268.96 [deg]C) when exposed to a magnetic field oriented
in any direction perpendicular to the longitudinal axis of conductor
and corresponding to a magnetic induction of 12 T with critical
current density exceeding 1750 A/mm\2\ on overall cross-section of
the conductor.
    c. ``Superconductive'' ``composite'' conductors consisting of
one or more ``superconductive'' filaments which remain
``superconductive'' above 115 K (-158.16 [deg]C).
    Technical Note: For the purpose of 1C005, filaments may be in
wire, cylinder, film, tape or ribbon form.

0
15. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export
Control Classification Number (ECCN) 1C008 is amended by revising the
``items'' paragraph in the List of Items Controlled section, to read as
follows:

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

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Non-fluorinated polymeric substances, as follows:
    a.1. Bismaleimides;
    a.2. Aromatic polyamide-imides;
    a.3. Aromatic polyimides;
    a.4. Aromatic polyetherimides having a glass transition
temperature (Tg) exceeding 513K (240 [deg]C).

    Notes:

    1. 1C008.a controls the substances in liquid or solid form,
including resin, powder, pellet, film, sheet, tape, or ribbon.
    2. 1C008.a does not control non-fusible compression molding
powders or molded forms.
    b. Thermoplastic liquid crystal copolymers having a heat
distortion temperature exceeding 523 K (250 [deg]C) measured
according to ISO 75-2 (2004), method A, or national equivalents,
with a load of 1.80 N/mm\2\ and composed of:
    b.1. Any of the following:
    b.1.a. Phenylene, biphenylene or naphthalene; or
    b.1.b. Methyl, tertiary-butyl or phenyl substituted phenylene,
biphenylene or naphthalene; and
    b.2. Any of the following acids:
    b.2.a. Terephthalic acid;
    b.2.b. 6-hydroxy-2 naphthoic acid; or
    b.2.c. 4-hydroxybenzoic acid;
    c. [RESERVED]
    d. Polyarylene ketones;
    e. Polyarylene sulphides, where the arylene group is
biphenylene, triphenylene or combinations thereof;
    f. Polybiphenylenethersulphone having a glass transition
temperature (Tg) exceeding 513 K (240 [deg]C).
    Technical Note: The glass transition temperature (Tg) for 1C008
materials is determined using the method described in ISO 11357-2
(1999) or national equivalents.

0
16 . In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export
Control Classification Number (ECCN) 1C010, the ``items'' paragraph in
the List of Items Controlled section is amended by:
0
a. Revising the Note for 1C010.b that follows the technical note
following paragraph b.2. to read as set forth below; and
0
b. Revising the Notes and Technical Note following paragraph e.2.d., to
read as follows:

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

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
* * * * *
    b. * * *
    b.2. * * *
    Technical Note: * * *

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

* * * * *
    e. * * *
    e.2. * * *
    e.2.d. * * *

    Notes: 1C010.e does not control:

    1. Epoxy resin ``matrix'' impregnated carbon ``fibrous or
filamentary materials'' (prepregs) for the repair of ``civil
aircraft'' structures or laminates, in which the size of individual
sheets of prepreg does not exceed 100 cm x 100 cm;
    2. Prepregs when impregnated with phenolic or epoxy resins
having a glass transition temperature (Tg) less than 433
K (160 [deg]C) and a cure temperature lower than the glass
transition temperature.
    Technical Note: The glass transition temperature (Tg)
for 1C010.e materials is determined using the method described in
ASTM D 3418 using the dry method. The glass transition temperature
for phenolic and epoxy resins is determined using the method
described in ASTM D 4065 at a frequency of 1 Hz and a heating rate
of 2 K (2 [deg]C) per minute using the dry method.

0
17 . In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export
Control Classification Number (ECCN) 1C998 is amended by revising the
``items'' paragraph in the List of Items Controlled section, to read as
follows:

    1C998 Non fluorinated polymeric substances, not controlled by
1C008, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Polyarylene ether ketones, as follows:
    a.1 Polyether ether ketone (PEEK);
    a.2. Polyether ketone ketone (PEKK);
    a.3. Polyether ketone (PEK);
    a.4. Polyether ketone ether ketone ketone (PEKEKK);
    b. [RESERVED].

0
18 . In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 Materials, Chemicals, Microorganisms, and Toxins is amended
by adding Export Control Classification Number (ECCN) 1D003, to read as
follows:

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

License Requirements

    Reason for Control: NS, AT

------------------------------------------------------------------------
               Control(s)                          Country chart
------------------------------------------------------------------------
NS applies to entire entry..............  NS Column 2.
AT applies to entire entry..............  AT Column 1.
------------------------------------------------------------------------

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items:
    The list of items controlled is contained in the ECCN heading.

0
19. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export
Control Classification Number (ECCN) 1E001 is amended by revising the
``Related Controls'' paragraph in the List of Items Controlled section,
to read as follows:

    1E001 ``Technology'' according to the General Technology Note
for the ``development'' or ``production'' of items controlled by
1A001.b, 1A001.c, 1A002, 1A003, 1A004, 1A005, 1A101, 1B (except
1B999), or 1C (except 1C355, 1C980 to 1C984, 1C988, 1C990, 1C991,
1C992, 1C995 to 1C999).
* * * * *

List of Items Controlled

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

0
20. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export
Control Classification Number (ECCN) 1E002 is amended by:
0
a. Revising the License Requirements section to read as set forth
below; and
0
b. Add a new paragraph g to the items paragraph in the List of Items
Controlled section, to read as follows:

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

License Requirements

    Reason for Control: NS, MT, AT

------------------------------------------------------------------------
               Control(s)                          Country chart
------------------------------------------------------------------------
NS applies to entire entry, except        NS Column 1.
 1E002.g.
NS applies to 1E002.g...................  NS Column 2.
MT applies to 1E002.e...................  MT Column 1.
AT applies to entire entry..............  AT Column 1.
------------------------------------------------------------------------

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

List of Items Controlled

* * * * *
    Items:
    g. Libraries (parametric technical databases) specially designed
or modified to enable equipment to perform the functions of
equipment controlled under 1A004.c.
    Technical Note: For the purpose of 1E002.g, the term `library'
(parametric technical database) means a collection of technical
information, reference to which may enhance the performance of
relevant equipment or systems.
* * * * *

0
21. Supplement No. 1 to Part 774 (the Commerce Control List), Category
2 Materials Processing, Export Control Classification Number (ECCN)
2B001 is amended by revising the Unit paragraph in the List of Items
Controlled section and the Note following paragraph 2B001.a.2 in the
Items paragraph of the List of Items Controlled section to read as
follows:

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

List of Items Controlled

    Unit: Equipment in number; components in $ value
* * * * *
    Items:
* * * * *
    a. * * *
    a.2. * * *

    Note: 2B001.a does not control turning machines specially
designed for the production of contact lenses, having all of the
following characteristics:

    1. Machine controller limited to using ophthalmic based software
for part programming data input; and
    2. No vacuum chucking.
* * * * *

0
22 . Supplement No. 1 to Part 774 (the Commerce Control List), Category
2 Materials Processing, Export Control Classification Number (ECCN)
2B002 is amended by revising the heading and the List of Items
Controlled section to read as follows:

    2B002 Numerically controlled optical finishing machine tools
equipped to produce non-spherical optical surfaces, having all of
the following characteristics (See List of Items Controlled).
* * * * *

List of Items Controlled

    Unit: Equipment in number
    Related Controls: See also 2B001.
    Related Definitions: For the purposes of 2B002, `MRF' is a
material removal process using an abrasive magnetic fluid whose
viscosity is controlled by a magnetic field. `ERF' is removal
process using an abrasive fluid whose viscosity is controlled by an
electric field. `Energetic particle beam finishing' uses Reactive
Atom Plasmas (RAP) or ion-beams to selectively remove material.
    Items:
    a. Finishing the form to less (better) than 1.0 [mu]m;
    b. Finishing to a roughness less (better) than 100 nm rms;
    c. Three or more axes which can be coordinated simultaneously
for ``contouring control''; and
    d. Using any of the following processes;
    d.1. Magnetorheological finishing (`MRF');
    d.2. Electrorheological finishing (`ERF'); or
    d.3. `Energetic particle beam finishing'.

0
23 . In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3 Electronics, Export Control Classification Number (ECCN)
3A001 is amended revising the License Exceptions section and ``items''
paragraph in the List of Items Controlled section, to read as follows:

    3A001 Electronic components, as follows (see List of Items
Controlled).
* * * * *

License Exceptions

LVS: N/A for MT or NP
    Yes for:
    $1500: 3A001.c
    $3000: 3A001.b.1, b.2, b.3, b.9, .d, .e, .f, and .g
    $5000: 3A001.a (except a.1.a and a.5.a when controlled for MT),
and .b.4 to b.7
GBS: Yes for 3A001.a.1.b, a.2 to a.12 (except .a.5.a when controlled
for MT), b.2, b.8 (except for TWAS exceeding 18 GHz), b.9., and .g
CIV: Yes for 3A001.a.3, a.4, a.7, and a.11

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. General purpose integrated circuits, as follows:

    Note 1: The control status of wafers (finished or unfinished),
in which the function has been determined, is to be evaluated
against the parameters of 3A001.a.

    Note 2: Integrated circuits include the following types:

     ``Monolithic integrated circuits'';
     ``Hybrid integrated circuits'';
     ``Multichip integrated circuits'';
     ``Film type integrated circuits'', including silicon-
on-sapphire integrated circuits;
     ``Optical integrated circuits''.
    a.1. Integrated circuits, designed or rated as radiation
hardened to withstand any of the following:
    a.1.a. A total dose of 5 x 10\3\ Gy (Si), or higher;
    a.1.b. A dose rate upset of 5 x 10\6\ Gy (Si)/s, or higher; or
    a.1.c. A fluence (integrated flux) of neutrons (1 MeV
equivalent) of 5 x 10\13\ n/cm\2\ or higher on silicon, or its
equivalent for other materials;

    Note: 3A001.a.1.c does not apply to Metal Insulator
Semiconductors (MIS).

    a.2. ``Microprocessor microcircuits'', ``microcomputer
microcircuits'', microcontroller microcircuits, storage integrated
circuits manufactured from a compound semiconductor, analog-to-
digital converters, digital-to-analog converters, electro-optical or
``optical integrated circuits'' designed for ``signal processing'',
field programmable logic devices, neural network integrated
circuits, custom integrated circuits for which either the function
is unknown or the control status of the equipment in which the
integrated circuit will be used in unknown, Fast Fourier Transform
(FFT) processors, electrical erasable programmable read-only
memories (EEPROMs), flash memories or static random-access memories
(SRAMs), having any of the following:
    a.2.a. Rated for operation at an ambient temperature above 398 K
(125 [deg]C);
    a.2.b. Rated for operation at an ambient temperature below 218 K
(-55 [deg]C); or
    a.2.c. Rated for operation over the entire ambient temperature
range from 218 K (-55 [deg]C) to 398 K (125 [deg]C);

    Note: 3A001.a.2 does not apply to integrated circuits for civil
automobile or railway train applications.

    a.3. ``Microprocessor microcircuits'', ``micro-computer
microcircuits'' and microcontroller microcircuits, manufactured from
a compound semiconductor and operating at a clock frequency
exceeding 40 MHz;

    Note: 3A001.a.3 includes digital signal processors, digital
array processors and digital coprocessors.

    a.4. Storage integrated circuits manufactured from a compound
semiconductor;
    a.5. Analog-to-digital and digital-to-analog converter
integrated circuits, as follows:
    a.5.a. Analog-to-digital converters having any of the following:
    a.5.a.1. A resolution of 8 bit or more, but less than 10 bit,
with an output rate greater than 500 million words per second;
    a.5.a.2 A resolution of 10 bit or more, but less than 12 bit,
with an output rate greater than 200 million words per second;
    a.5.a.3. A resolution of 12 bit with an output rate greater than
105 million words per second;
    a.5.a.4. A resolution of more than 12 bit but equal to or less
than 14 bit with an output rate greater than 10 million words per
second; or
    a.5.a.5. A resolution of more than 14 bit with an output rate
greater than 2.5 million words per second.
    a.5.b. Digital-to-analog converters with a resolution of 12 bit
or more, and a ``settling time'' of less than 10 ns;
    Technical Notes:
    1. A resolution of n bit corresponds to a quantization of 2n
levels.
    2. The number of bits in the output word is equal to the
resolution of the analogue-to-digital converter.
    3. The output rate is the maximum output rate of the converter,
regardless of architecture or oversampling. Vendors may also refer
to the output rate as sampling rate, conversion rate or throughput
rate. It is often specified in megahertz (MHz) or mega samples per
second (MSPS).
    4. For the purpose of measuring output rate, one output word per
second is equivalent to one Hertz or one sample per second.
    a.6. Electro-optical and ``optical integrated circuits''
designed for ``signal processing'' having all of the following:
    a.6.a. One or more than one internal ``laser'' diode;
    a.6.b. One or more than one internal light detecting element;
and
    a.6.c. Optical waveguides;
    a.7. Field programmable logic devices having any of the
following:
    a.7.a. An equivalent usable gate count of more than 30,000 (2
input gates);
    a.7.b. A typical ``basic gate propagation delay time'' of less
than 0.1 ns; or
    a.7.c. A toggle frequency exceeding 133 MHz;
    Note: 3A001.a.7 includes: Simple Programmable Logic Devices
(SPLDs), Complex Programmable Logic Devices (CPLDs), Field
Programmable Gate Arrays (FPGAs), Field Programmable Logic Arrays
(FPLAs), and Field Programmable Interconnects (FPICs).
    N.B.: Field programmable logic devices are also known as field
programmable gate or field programmable logic arrays.
    a.8. [RESERVED]
    a.9. Neural network integrated circuits;
    a.10. Custom integrated circuits for which the function is
unknown, or the control status of the equipment in which the
integrated circuits will be used is unknown to the manufacturer,
having any of the following:
    a.10.a. More than 1,000 terminals;
    a.10.b. A typical ``basic gate propagation delay time'' of less
than 0.1 ns; or
    a.10.c. An operating frequency exceeding 3 GHz;
    a.11. Digital integrated circuits, other than those described in
3A001.a.3 to 3A001.a.10 and 3A001.a.12, based upon any compound
semiconductor and having any of the following:
    a.11.a. An equivalent gate count of more than 3,000 (2 input
gates); or
    a.11.b. A toggle frequency exceeding 1.2 GHz;
    a.12. Fast Fourier Transform (FFT) processors having a rated
execution time for an N-point complex FFT of less than (N
log2 N)/20,480 ms, where N is the number of points;
    Technical Note: When N is equal to 1,024 points, the formula in
3A001.a.12 gives an execution time of 500 [mu]s.
    b. Microwave or millimeter wave components, as follows:
    b.1. Electronic vacuum tubes and cathodes, as follows:

    Note 1: 3A001.b.1 does not control tubes designed or rated for
operation in any frequency band which meets all of the following
characteristics:

    (a) Does not exceed 31.8 GHz; and
    (b) Is ``allocated by the ITU'' for radio-communications
services, but not for radio-determination.

    Note 2: 3A001.b.1 does not control non-``space-qualified'' tubes
which meet all the following characteristics:

    (a) An average output power equal to or less than 50 W; and
    (b) Designed or rated for operation in any frequency band which
meets all of the following characteristics:
    (1) Exceeds 31.8 GHz but does not exceed 43.5 GHz; and
    (2) Is ``allocated by the ITU'' for radio-communications
services, but not for radio-determination.
    b.1.a. Traveling wave tubes, pulsed or continuous wave, as
follows:
    b.1.a.1. Operating at frequencies exceeding 31.8 GHz;
    b.1.a.2. Having a cathode heater element with a turn on time to
rated RF power of less than 3 seconds;
    b.1.a.3. Coupled cavity tubes, or derivatives thereof, with a
``fractional bandwidth'' of more than 7% or a peak power exceeding
2.5 kW;
    b.1.a.4. Helix tubes, or derivatives thereof, with any of the
following characteristics:
    b.1.a.4.a. An ``instantaneous bandwidth'' of more than one
octave, and average power (expressed in kW) times frequency
(expressed in GHz) of more than 0.5;
    b.1.a.4.b. An ``instantaneous bandwidth'' of one octave or less,
and average power (expressed in kW) times frequency (expressed in
GHz) of more than 1; or
    b.1.a.4.c. Being ``space qualified'';
    b.1.b. Crossed-field amplifier tubes with a gain of more than 17
dB;
    b.1.c. Impregnated cathodes designed for electronic tubes
producing a continuous emission current density at rated operating
conditions exceeding 5 A/cm\2\;
    b.2. Microwave monolithic integrated circuits (MMIC) power
amplifiers having any of the following:

    b.2.a. Rated for operation at frequencies exceeding 3.2 GHz up
to and including 6 GHz and with an average output power greater than
4W (36 dBm) with a ``fractional bandwidth'' greater than 15%;
    b.2.b. Rated for operation at frequencies exceeding 6 GHz up to
and including 16 GHz and with an average output power greater than
1W (30 dBm) with a ``fractional bandwidth'' greater than 10%;
    b.2.c. Rated for operation at frequencies exceeding 16 GHz up to
and including 31.8 GHz and with an average output power greater than
0.8W (29 dBm) with a ``fractional bandwidth'' greater than 10%;
    b.2.d. Rated for operation at frequencies exceeding 31.8 GHz up
to and including 37.5 GHz;
    b.2.e. Rated for operation at frequencies exceeding 37.5 GHz up
to and including 43.5 GHz and with an average output power greater
than 0.25W (24 dBm) with a ``fractional bandwidth'' greater than
10%; or
    b.2.f. Rated for operation at frequencies exceeding 43.5 GHz.

    Note 1: 3A001.b.2 does not control broadcast satellite equipment
designed or rated to operate in the frequency range of 40.5 to 42.5
GHz.

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

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

    b.3. Discrete microwave transistors having any of the following:
    b.3.a. Rated for operation at frequencies exceeding 3.2 GHz up
to and including 6 GHz and having an average output power greater
than 60W (47.8 dBm);
    b.3.b. Rated for operation at frequencies exceeding 6 GHz up to
and including 31.8 GHz and having an average output power greater
than 20W (43 dBm);
    b.3.c. Rated for operation at frequencies exceeding 31.8 GHz up
to and including 37.5 GHz and having an average output power greater
than 0.5W (27 dBm);
    b.3.d. Rated for operation at frequencies exceeding 37.5 GHz up
to and including 43.5 GHz and having an average output power greater
than 1W (30 dBm); or
    b.3.e. Rated for operation at frequencies exceeding 43.5 GHz.

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

    b.4. Microwave solid state amplifiers and microwave assemblies/
modules containing microwave amplifiers having any of the following:
    b.4.a. Rated for operation at frequencies exceeding 3.2 GHz up
to and including 6 GHz and with an average output power greater than
60W (47.8 dBm) with a ``fractional bandwidth'' greater than 15%;
    b.4.b. Rated for operation at frequencies exceeding 6 GHz up to
and including 31.8 GHz and with an average output power greater than
15W (42 dBm) with a ``fractional bandwidth'' greater than 10%;
    b.4.c. Rated for operation at frequencies exceeding 31.8 GHz up
to and including 37.5 GHz;
    b.4.d. Rated for operation at frequencies exceeding 37.5 GHz up
to and including 43.5 GHz and with an average output power greater
than 1W (30 dBm) with a ``fractional bandwidth'' greater than 10%;
    b.4.e. Rated for operation at frequencies exceeding 43.5 GHz; or
    b.4.f. Rated for operation at frequencies above 3.2 GHz and all
of the following:
    b.4.f.1. An average output power (in watts), P, greater than 150
divided by the maximum operating frequency (in GHz) squared [P > 150
W*GHz\2\/fGHz\2\];
    b.4.f.2. A fractional bandwidth of 5% or greater; and
    b.4.f.3. Any two sides perpendicular to one another with length
d (in cm) equal to or less than 15 divided by the lowest operating
frequency in GHz [d <= 15 cm*GHz/ fGHz].
    Technical Note: 3.2 GHz should be used as the lowest operating
frequency (fGHz) in the formula in 3A001.b.4.f.3., for
amplifiers that have a rated operation range extending downward to
3.2 GHz and below [d <= 15cm*GHz/3.2 fGHz].
    N.B.: MMIC power amplifiers should be evaluated against the
criteria in 3A001.b.2.

    Note 1: 3A001.b.4. does not control broadcast satellite
equipment designed or rated to operate in the frequency range of
40.5 to 42.5 GHz.

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

    b.5. Electronically or magnetically tunable band-pass or band-
stop filters having more than 5 tunable resonators capable of tuning
across a 1.5:1 frequency band (fmax/fmin) in
less than 10 [mu]s having any of the following:
    b.5.a. A band-pass bandwidth of more than 0.5% of center
frequency; or
    b.5.b. A band-stop bandwidth of less than 0.5% of center
frequency;
    b.6. [RESERVED]
    b.7. Mixers and converters designed to extend the frequency
range of equipment described in 3A002.c, 3A002.e or 3A002.f beyond
the limits stated therein;
    b.8. Microwave power amplifiers containing tubes controlled by
3A001.b and having all of the following:
    b.8.a. Operating frequencies above 3 GHz;
    b.8.b. An average output power density exceeding 80 W/kg; and
    b.8.c. A volume of less than 400 cm\3\;

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

    b.9. Microwave power modules (MPM), consisting of, at least, a
traveling wave tube, a microwave monolithic integrated circuit and
an integrated electronic power conditioner, having all of the
following characteristics:
    b.9.a. A turn-on time from off to fully operational in less than
10 seconds;
    b.9.b. A volume less than the maximum rated power in Watts
multiplied by 10 cm\3\/W; and
    b.9.c. An ``instantaneous bandwidth'' greater than 1 octave
(fmax. > 2fmin,) and any of the following:
    b.9.c.1. For frequencies equal to or less than 18 GHz, an RF
output power greater than 100 W; or
    b.9.c.2. Having a frequency greater than 18 GHz.
    Technical Notes:
    1. To calculate the control volume in 3A001.b.9.b., the
following example is provided: for a maximum rated power of 20 W,
the volume would be: 20 W x 10 cm\3\/W = 200 cm\3\.
    2. The turn-on time in 3A001.b.9.a. refers to the time from
fully-off to fully operational; i.e., it includes the warm-up time
of the MPM.
    c. Acoustic wave devices, as follows, and specially designed
components therefor:
    c.1. Surface acoustic wave and surface skimming (shallow bulk)
acoustic wave devices (i.e., ``signal processing'' devices employing
elastic waves in materials), having any of the following:
    c.1.a. A carrier frequency exceeding 2.5 GHz;
    c.1.b. A carrier frequency exceeding 1 GHz, but not exceeding
2.5 GHz, and having any of the following:
    c.1.b.1. A frequency side-lobe rejection exceeding 55 dB;
    c.1.b.2. A product of the maximum delay time and the bandwidth
(time in [mu]s and bandwidth in MHz) of more than 100;
    c.1.b.3. A bandwidth greater than 250 MHz; or
    c.1.b.4. A dispersive delay of more than 10 [mu]s; or
    c.1.c. A carrier frequency of 1 GHz or less, having any of the
following:
    c.1.c.1. A product of the maximum delay time and the bandwidth
(time in [mu]s and bandwidth in MHz) of more than 100;
    c.1.c.2. A dispersive delay of more than 10 [mu]s; or
    c.1.c.3. A frequency side-lobe rejection exceeding 55 dB and a
bandwidth greater than 50 MHz;
    c.2. Bulk (volume) acoustic wave devices (i.e., ``signal
processing'' devices employing elastic waves) that permit the direct
processing of signals at frequencies exceeding 1 GHz;
    c.3. Acoustic-optic ``signal processing'' devices employing
interaction between acoustic waves (bulk wave or surface wave) and
light waves that permit the direct processing of signals or images,
including spectral analysis, correlation or convolution;
    d. Electronic devices and circuits containing components,
manufactured from ``superconductive'' materials specially designed
for operation at temperatures below the ``critical temperature'' of
at least one of

the ``superconductive'' constituents, with any of the following:
    d.1. Current switching for digital circuits using
``superconductive'' gates with a product of delay time per gate (in
seconds) and power dissipation per gate (in watts) of less than 10-
14 J; or
    d.2. Frequency selection at all frequencies using resonant
circuits with Q-values exceeding 10,000;
    e. High energy devices, as follows:
    e.1. Cells and photovoltaic arrays, as follows:
    e.1.a. Primary cells having an energy density exceeding 550 Wh/
kg at 293 K (20 [deg]C); e.1.b. Secondary cells having an energy
density exceeding 250 Wh/kg at 293 K (20 [deg]C);
    Technical Notes:
    1. For the purpose of 3A001.e.1., energy density (Wh/kg) is
calculated from the nominal voltage multiplied by the nominal
capacity in ampere-hours divided by the mass in kilograms. If the
nominal capacity is not stated, energy density is calculated from
the nominal voltage squared then multiplied by the discharge
duration in hours divided by the discharge load in Ohms and the mass
in kilograms.
    2. For the purpose of 3A001.e.1., a `cell' is defined as an
electrochemical device, which has positive and negative electrodes,
and electrolyte, and is a source of electrical energy. It is the
basic building block of a battery.
    3. For the purpose of 3A001.e.1.a., a `primary cell' is a `cell'
that is not designed to be charged by any other source.
    4. For the purpose of 3A001.e.1.b., a `secondary cell' is a
`cell' that is designed to be charged by an external electrical
source.

    Note: 3A001.e. does not control batteries, including single cell
batteries.

    e.1.c. ``Space qualified'' and radiation hardened photovoltaic
arrays with a specific power exceeding 160 W/m\2\ at an operating
temperature of 301 K (28 [deg]C) under a tungsten illumination of 1
kW/m\2\ at 2,800 K (2,527 [deg]C);
    e.2. High energy storage capacitors, as follows:
    e.2.a. Capacitors with a repetition rate of less than 10 Hz
(single shot capacitors) having all of the following:
    e.2.a.1. A voltage rating equal to or more than 5 kV;
    e.2.a.2. An energy density equal to or more than 250 J/kg; and
    e.2.a.3. A total energy equal to or more than 25 kJ;
    e.2.b. Capacitors with a repetition rate of 10 Hz or more
(repetition rated capacitors) having all of the following:
    e.2.b.1. A voltage rating equal to or more than 5 kV;
    e.2.b.2. An energy density equal to or more than 50 J/kg;
    e.2.b.3. A total energy equal to or more than 100 J; and
    e.2.b.4. A charge/discharge cycle life equal to or more than
10,000;
    e.3. ``Superconductive'' electromagnets and solenoids specially
designed to be fully charged or discharged in less than one second,
having all of the following:

    Note: 3A001.e.3 does not control ``superconductive''
electromagnets or solenoids specially designed for Magnetic
Resonance Imaging (MRI) medical equipment.

    e.3.a. Energy delivered during the discharge exceeding 10 kJ in
the first second;
    e.3.b. Inner diameter of the current carrying windings of more
than 250 mm; and
    e.3.c. Rated for a magnetic induction of more than 8 T or
``overall current density'' in the winding of more than 300 A/mm\2\;
    f. Rotary input type shaft absolute position encoders having any
of the following:
    f.1. A resolution of better than 1 part in 265,000 (18 bit
resolution) of full scale; or
    f.2. An accuracy better than 2.5 seconds of arc.
    g. Solid-state pulsed power switching thyristor devices and
thyristor modules using either electrically, optically, or electron
radiation controlled switch methods, having any of the following:
    1. A maximum turn-on current rate of rise (di/dt) greater than
30,000 A/[mu]s and off-state voltage greater than 1,100 V; or
    2. A maximum turn-on current rate of rise (di/dt) greater than
2,000 A/[mu]s and all of the following:
    a. An off-state peak voltage equal to or greater than 3,000 V;
and
    b. A peak (surge) current equal to or greater than 3,000 A.

    Note 1: 3A001.g. includes:

--Silicon Controlled Rectifiers (SCRs)
--Electrical Triggering Thyristors (ETTs)
--Light Triggering Thyristors (LTTs)
--Integrated Gate Commutated Thyristors (IGCTs)
--Gate Turn-off Thyristors (GTOs)
--MOS Controlled Thyristors (MCTs)
--Solidtrons

    Note 2: 3A001.g. does not control thyristor devices and
thyristor modules incorporated into equipment designed for civil
railway or ``civil aircraft'' applications.

    Technical Note: For the purposes of 3A001.g., a `thyristor
module' contains one or more thyristor devices.

0
24 . In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3 Electronics, Export Control Classification Number (ECCN)
3A002 is amended revising the License Exception section and the List of
Items Controlled section, to read as follows:

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

License Exceptions

    LVS: * * *
    GBS: Yes for 3A002.a.1.; and 3A002.b (synthesized output
frequency of 2.6 GHz or less and a ``frequency switching time'' of
0.3 ms or more).
    CIV: Yes for 3A002.a.1 (provided all of the following conditions
are met: (1) Bandwidths do not exceed: 4 MHz per track and have up
to 28 tracks or 2 MHz per track and have up to 42 tracks; (2) Tape
speed does not exceed 6.1 m/s; (3) They are not designed for
underwater use; (4) They are not ruggedized for military use; and
(5) Recording density does not exceed 653.2 magnetic flux sine waves
per mm); and 3A002.b (synthesized output frequency of 2.6 GHz or
less; and a ``frequency switching time'' of 0.3 ms or more).

List of Items Controlled

    Unit: Number
    Related Controls: ``Space qualified'' atomic frequency standards
defined in 3A002.g.2 are subject to the export licensing authority
of the Department of State, Directorate of Defense Trade Controls
(22 CFR part 121). See also 3A292 and 3A992.
    Related Definitions: Constant percentage bandwidth filters are
also known as octave or fractional octave filters.
    Items:
    a. Recording equipment, as follows, and specially designed test
tape therefor:
    a.1. Analog instrumentation magnetic tape recorders, including
those permitting the recording of digital signals (e.g., using a
high density digital recording (HDDR) module), having any of the
following:
    a.1.a. A bandwidth exceeding 4 MHz per electronic channel or
track;
    a.1.b. A bandwidth exceeding 2 MHz per electronic channel or
track and having more than 42 tracks; or
    a.1.c. A time displacement (base) error, measured in accordance
with applicable IRIG or EIA documents, of less than 0.1
[mu]s;

    Note: Analog magnetic tape recorders specially designed for
civilian video purposes are not considered to be instrumentation
tape recorders.

    a.2. Digital video magnetic tape recorders having a maximum
digital interface transfer rate exceeding 360 Mbit/s;

    Note: 3A002.a.2 does not control digital video magnetic tape
recorders specially designed for television recording using a signal
format, which may include a compressed signal format, standardized
or recommended by the ITU, the IEC, the SMPTE, the EBU, the ETSI, or
the IEEE for civil television applications.

    a.3. Digital instrumentation magnetic tape data recorders
employing helical scan techniques or fixed head techniques, having
any of the following:
    a.3.a. A maximum digital interface transfer rate exceeding 175
Mbit/s; or
    a.3.b. Being ``space qualified'';

    Note: 3A002.a.3 does not control analog magnetic tape recorders
equipped with HDDR conversion electronics and configured to record
only digital data.

    a.4. Equipment, having a maximum digital interface transfer rate
exceeding 175 Mbit/s, designed to convert digital video magnetic
tape recorders for use as digital instrumentation data recorders;
    a.5. Waveform digitizers and transient recorders having all of
the following:
    N.B.: See also 3A292.
    a.5.a. Digitizing rates equal to or more than 200 million
samples per second and a resolution of 10 bits or more; and
    a.5.b. A continuous throughput of 2 Gbit/s or more;
    Technical Note: For those instruments with a parallel bus
architecture, the continuous

throughput rate is the highest word rate multiplied by the number of
bits in a word. Continuous throughput is the fastest data rate the
instrument can output to mass storage without the loss of any
information while sustaining the sampling rate and analog-to-digital
conversion.
    a.6. Digital instrumentation data recorders, using magnetic disk
storage technique, having all of the following:
    a.6.a. Digitizing rate equal to or more than 100 million samples
per second and a resolution of 8 bits or more; and
    a.6.b. A continuous throughput of 1 Gbit/s or more;
    b. ``Frequency synthesizer'' ``electronic assemblies'' having a
``frequency switching time'' from one selected frequency to another
of less than 1 ms;

    Note: The control status of signal analyzers, signal generators,
network analyzers, and microwave test receivers as stand-alone
instruments is determined by 3A002.c., 3A002.d., 3A002.e., and
3A002.f., respectively.

    c. Radio frequency ``signal analyzers'', as follows:
    c.1. ``Signal analyzers'' capable of analyzing any frequencies
exceeding 31.8 GHz but not exceeding 37.5 GHz and having a 3 dB
resolution bandwidth (RBW) exceeding 10 MHz;
    c.2. ``Signal analyzers'' capable of analyzing frequencies
exceeding 43.5 GHz;
    c.3. ``Dynamic signal analyzers'' having a ``real-time
bandwidth'' exceeding 500 kHz;

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

    d. Frequency synthesized signal generators producing output
frequencies, the accuracy and short term and long term stability of
which are controlled, derived from or disciplined by the internal
master reference oscillator, and having any of the following:
    d.1. A maximum synthesized frequency exceeding 31.8 GHz, but not
exceeding 43.5 GHz and rated to generate a pulse duration of less
than 100 ns;
    d.2. A maximum synthesized frequency exceeding 43.5 GHz;
    d.3. A ``frequency switching time'' from one selected frequency
to another as specified by any of the following:
    d.3.a. Less than 10 ns;
    d.3.b. Less than 100 [mu]s for any frequency change exceeding
1.6 GHz within the synthesized frequency range exceeding 3.2 GHz but
not exceeding 10.6 GHz;
    d.3.c. Less than 250 [mu]s for any frequency change exceeding
550 MHz within the synthesized frequency range exceeding 10.6 GHz
but not exceeding 31.8 GHz;
    d.3.d. Less than 500 [mu]s for any frequency change exceeding
550 MHz within the synthesized frequency range exceeding 31.8 GHz
but not exceeding 43.5 GHz; or
    d.3.e. Less than 1 ms within the synthesized frequency range
exceeding 43.5 GHz; or
    d.4. A single sideband (SSB) phase noise better than -(126 + 20
log10F--20 log10f) in dBc/Hz, where F is the
off-set from the operating frequency in Hz and f is the operating
frequency in MHz;

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

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

    Technical Notes: 1. Arbitrary waveform and function generators
are normally specified by sample rate (e.g., GSample/s), which is
converted to the RF domain by the Nyquist factor of two. Thus, a 1
GSample/s arbitrary waveform has a direct output capability of 500
MHz. Or, when oversampling is used, the maximum direct output
capability is proportionately lower.
    2. For the purposes of 3A002.d.1., `pulse duration' is defined
as the time interval between the leading edge of the pulse achieving
90% of the peak and the trailing edge of the pulse achieving 10% of
the peak.

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

    e. Network analyzers with a maximum operating frequency
exceeding 43.5 GHz;
    f. Microwave test receivers having all of the following:
    f.1. A maximum operating frequency exceeding 43.5 GHz; and
    f.2. Being capable of measuring amplitude and phase
simultaneously;
    g. Atomic frequency standards having any of the following:
    g.1. Long-term stability (aging) less (better) than 1 x
10-\11\/month; or
    g.2. Being ``space qualified''.

    Note: 3A002.g.1 does not control non-``space qualified''
rubidium standards.

0
25. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3 Electronics, Export Control Classification Number (ECCN)
3A991 is amended by revising paragraphs a.1. and j in the ``items''
paragraph of the List of Items Controlled section, as set forth below,
to read as follows:

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

List of Items Controlled

* * * * *
    Items:
    a. * * *
    a.1. A performance speed of 5 GFLOPS or more and an arithmetic
logic unit with an access width of 32 bit or more;
* * * * *
    j. Cells as follows:
    j.1. Primary cells having an energy density of 550 Wh/kg or less
at 293 K (20[deg]C);
    j.2. Secondary cells having an energy density of 250 Wh/kg or
less at 293 K (20[deg]C).

    Note: 3A991.j. does not control batteries, including single cell
batteries.

    Technical Notes:
    1. For the purpose of 3A991.j energy density (Wh/kg) is
calculated from the nominal voltage multiplied by the nominal
capacity in ampere-hours divided by the mass in kilograms. If the
nominal capacity is not stated, energy density is calculated from
the nominal voltage squared then multiplied by the discharge
duration in hours divided by the discharge load in Ohms and the mass
in kilograms.
    2. For the purpose of 3A991.j, a `cell' is defined as an
electrochemical device, which has positive and negative electrodes,
and electrolyte, and is a source of electrical energy. It is the
basic building block of a battery.
    3. For the purpose of 3A991.j.1, a `primary cell' is a `cell'
that is not designed to be charged by any other source.
    4. For the purpose of 3A991.j.2., a `secondary cell' is a `cell'
that is designed to be charged by an external electrical source.
* * * * *

0
26 . In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3 Electronics, Export Control Classification Number (ECCN)
3B001 is amended by:
0
a. Revising the GBS paragraph in the License Exception section as set
forth below; and
0
b. Revising paragraph f in the ``items'' paragraph of the List of Items
Controlled section, as set forth below; and
0
c. Adding a new paragraph i in the ``items'' paragraph of the List of
Items Controlled section, to read as follows:

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

License Exceptions

    LVS: * * *
    GBS: Yes, except 3B001.a.2 (metal organic chemical vapor
deposition reactors), a.3 (molecular beam epitaxial growth equipment
using gas sources), .e (automatic loading multi-chamber central
wafer handling systems only if connected to equipment controlled by
3B001.a.2, a.3, or .f), and .f (lithography equipment).
    CIV: * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    f. Lithography equipment, as follows:
    f.1. Align and expose step and repeat (direct step on wafer) or
step and scan (scanner) equipment for wafer processing using photo-
optical or X-ray methods, having any of the following:
    f.1.a. A light source wavelength shorter than 245 nm; or
    f.1.b. Capable of producing a pattern with a minimum resolvable
feature size of 180 nm or less;

    Technical Note: The minimum resolvable feature size is
calculated by the following formula:
[GRAPHIC] [TIFF OMITTED] TR05NO07.000

Where the K factor = 0.45
MRF = minimum resolvable feature size.
    f.2 Imprint lithography equipment capable of production features
of 180 nm or less.

    Note: 3B001.f.2 includes:

--Micro contact printing tools
--Hot embossing tools
--Nano-imprint lithography tools
--Step and flash imprint lithography (S-FIL) tools
    f.3. Equipment specially designed for mask making or
semiconductor device processing using deflected focused electron
beam, ion beam or ``laser'' beam, having any of the following:
    f.3.a. A spot size smaller than 0.2 [mu]m;
    f.3.b. Being capable of producing a pattern with a feature size
of less than 1 [mu]m; or
    f.3.c. An overlay accuracy of better than  0.20
[mu]m (3 sigma);
* * * * *
    i. Imprint lithography templates designed for integrated
circuits by 3A001.
* * * * *

0
27. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3 Electronics, Export Control Classification Number (ECCN)
3B991 is amended revising paragraph b.1.b in the Items paragraph of the
List of Items Controlled section, to read as follows:

    3B991 Equipment not controlled by 3B001 for the manufacture of
electronic components and materials, and specially designed
components and accessories therefor.
* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    b. * * *
    b.1. * * *
    b.1.b. Equipment specially designed for purifying or processing
III/V and II/VI semiconductor materials controlled by 3C001, 3C002,
3C003, 3C004, or 3C005 except crystal pullers, for which see
3B991.b.1.c below;
* * * * *

0
28. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3 Electronics, Export Control Classification Number (ECCN)
3C002 is amended revising the Heading and paragraph a in the Items
paragraph of the List of Items Controlled section, to read as follows:
    3C002 Resist materials, as follows (see List of Items
Controlled), and ``substrates'' coated with controlled resists.
* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Positive resists designed for semiconductor lithography
specially adjusted (optimized) for use at wavelengths below 245 nm;
* * * * *

0