[Federal Register Volume 85, Number 193 (Monday, October 5, 2020)]
[Rules and Regulations]
[Pages 62583-62596]
[FR Doc No: 2020-18334]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 772, and 774

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI03

Implementation of Certain New Controls on Emerging Technologies
Agreed at Wassenaar Arrangement 2019 Plenary

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) maintains, as part
of its Export Administration Regulations (EAR), the Commerce Control
List (CCL), which identifies certain items subject to Department of
Commerce jurisdiction. This final rule revises the CCL, as well as
corresponding parts of the EAR, to implement certain changes made to
the Wassenaar Arrangement List of Dual-Use Goods and Technologies (WA
List) maintained and agreed to by governments participating in the
Wassenaar Arrangement on Export Controls for Conventional Arms and
Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA) at the
December 2019 WA Plenary meeting. The Wassenaar Arrangement advocates
implementation of effective export controls on strategic items with the
objective of improving regional and international security and
stability. This final rule implements multilateral controls on six
recently developed or developing technologies, which were identified by
the WA December 2019 WA Plenary Meeting in a manner contemplated by the
Export Control Reform Act of 2018 (ECRA) to identify emerging
technologies that are essential to U.S. national security. This rule
harmonizes the CCL with the WA December 2019 Plenary Meeting agreements
that pertain to these six technologies. The inclusion of the six
technologies in this final rule is consistent with the requirements of
ECRA and the decision of the WA to add such technologies to its control
lists, thereby making exports of such technologies subject to
multilateral control. As these six technologies are recently developed
or developing technologies that are essential to the national security
of the United States, early implementation of the applicable WA
December 2019 Plenary agreements is warranted. The remaining WA 2019
Plenary agreements will be implemented in a separate rule.

DATES: This rule is effective October 5, 2020.

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

Category 2: Joseph Giunta at<PHONE_NUMBER> or<EMAIL_ADDRESS>Category 3: Carlos Monroy at<PHONE_NUMBER> or<EMAIL_ADDRESS>Category 5: Aaron Amundson or Anita Zinzuvadia<PHONE_NUMBER> or
<EMAIL_ADDRESS>or 0d4c6364796c2357646377787b6c69646c4d6f647e2369626e236a627b
Category 9: Michael Rithmire<PHONE_NUMBER> or Michael Tu<PHONE_NUMBER> or
<EMAIL_ADDRESS>or 236e4a404b42464f0d775663414a500d474c400d444c55
Category 9x515 (Satellites): Michael Tu<PHONE_NUMBER> or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Wassenaar Arrangement (Wassenaar or WA) (http://www.wassenaar.org/) on Export Controls for Conventional Arms and Dual-
Use Goods and Technologies is a group of 42 like-minded states
committed to promoting responsibility and transparency in the global
arms trade and preventing destabilizing accumulations of arms. As a
Participating State, the United States has committed to controlling for
export all items on the WA control lists. These lists were first
established in 1996 and have been revised annually thereafter.
Proposals for changes to the WA control lists that achieve consensus
are approved by Participating States at annual plenary meetings.
Participating States are charged with implementing the agreed-upon list
changes as soon as possible after approval. The United States'
implementation of WA list changes ensures that U.S. companies have a
level playing field with their competitors in other WA Participating
States. This final rule implements multilateral controls on six
recently developed or developing technologies, which were identified by
the WA December 2019 WA Plenary Meeting in a manner contemplated by the
ECRA to identify emerging technologies that are essential to U.S.
national security. This rule harmonizes the CCL with the agreements
reached by the WA during the WA December 2019 Plenary Meeting. The
inclusion of the six technologies in this final rule is consistent with
the requirements of ECRA and the decision of the WA to add the
technologies to its control lists, thereby making exports of such
technologies subject to multilateral control (following implementation
by the United States and other WA participating countries).
    To implement the WA control list changes, this rule adds to the
EAR's CCL the following six recently developed or developing
technologies that are essential to the national security of the United
States: Hybrid additive manufacturing (AM)/computer numerically
controlled (CNC) tools; computational lithography software designed for
the fabrication of extreme ultraviolet (EUV) masks; technology for
finishing wafers for 5nm production; digital forensics tools that
circumvent authentication or authorization controls on a computer (or
communications device) and extract raw data; software for monitoring
and analysis of communications and metadata acquired from a
telecommunications service provider via a handover interface; and sub-
orbital craft.
    This rule also makes a correction to one ECCN and revises three
related ECCNs and one License Exception.

Certain Revisions to the Commerce Control List Related to WA 2019
Plenary Agreements

Revises five (5) ECCNs: 2B001, 3D003, 5E001, 5A004, 9A004
Revises three (4) related ECCNs: 5D002, 5E002, 9A012, 9A515
Corrects one (1) ECCN: 5D001
License Exception eligibility revisions: ENC
Adds (1) ECCN: 3E004

Category 2--Materials Processing

2B001 Machine Tools

    Note 4 is added at the beginning of the Items paragraph to advise
the public that ``A machine tool having an additive manufacturing
capability in addition to a turning, milling or grinding capability
must be evaluated against each applicable entry 2B001.a, .b or .c,'' to
ensure consistency in application of controls for these hybrid machine
tools. Over the last several years, machine tools manufacturers have
been adding more functionality by integrating multiple capabilities in
their machines. Lately, manufacturers have integrated additive
manufacturing and 5-axis computer numerically controlled (CNC)
machines. As technology advances, future hybrid machines that also have
multi-axis CNC capability will remain controlled in ECCN 2B001 even if
it has the added additive manufacturing capability.
    Additive Manufacturing machines classified under ECCN 2B001 require
a license to countries that have an ``X'' under columns NS column 2, NP
column 1, or AT column 1. License Exception STA, as well as any
applicable transaction-based license exceptions, are available if all
of the criteria for the license exception are met and none of the
restrictions in Sec.  740.2 apply.

Category 3--Electronics

3D003 `Computational Lithography' ``Software'' ``Specially Designed''
for the ``Development'' of Patterns on EUV-Lithography Masks or
Reticles

    The Heading of 3D003 is revised to update controls on emerging
Electronic Design Automation (EDA) or computational lithography
software developed for Extreme Ultraviolet (EUV) masks. Extreme
Ultraviolet Lithography (EUVL) introduces a number of issues that must
be accurately modeled and corrected on the mask or reticle to produce
optimized patterns in resist. Several key issues where specific
software is needed for EUVL include mask three-dimensional (3D)
effects, mask-shadowing effects, direction of illumination effects,
long range flare effects, proximity effects, stochastic effects in
resist, and source-masks optimization. Compensation of these effects
using software modeling to optimize the patterns on the EUV mask
reticle is required for making optimized photoresist patterns on
wafers. This software has a license requirement for national security
(NS) reasons at the NS column 1 level and for anti-terrorism (AT)
reasons at the AT column 1 level. License Exceptions TSR and STA, as
well as any applicable transaction-based license exceptions, are
available if all of the criteria for the license exception are met and
none of the restrictions in Sec.  740.2 apply.
    In addition, the two paragraphs in the Related Definitions
paragraph are replaced by a definition for `computational lithography.'

3E004 ``Technology'' ``Required'' for the Slicing, Grinding and
Polishing of 300 mm Diameter Silicon Wafers To Achieve a `Site Front
Least sQuares Range' (`SFQR') Less Than or Equal to 20 nm at Any Site
of 26 mm x 8 mm on the Front Surface of the Wafer and an Edge Exclusion
Less Than or Equal to 2 mm

    This rule adds ECCN 3E004 to control ``technology'' for the
production of substrates for high-end integrated circuits. The
parameters include minimization of the flatness and the

surface defect. Flatness is referred to as SFQR (Site (Flatness) Front
least sQuares Range) and surface defect is referred to as LLS
(Localized Light Scatter). Though both of these parameters are known to
represent wafer specifications, WA determined that the SFQR is the
dominant parameter to capture the precision of wafer. ``SFQR is equal
to or less than 20nm'' is an appropriate parameter to control the
minimum guaranteed quality for the production of high-end integrated
circuits designed for feature size of 5 nm or less taking into account
the yield rate for integrated circuit production. This technology will
have a license requirement for national security (NS) reasons at the NS
column 1 level and for anti-terrorism (AT) reasons at the AT column 1
level. License Exceptions TSR and STA, as well as any applicable
transaction-based license exceptions, are available if all of the
criteria for the license exception are met and none of the restrictions
in Sec.  740.2 apply.

Category 5--Part 1--Telecommunications

5D001 ``Software''

    This rule makes a correction by removing 5D001.b from the Special
Conditions for STA, because 5D001.b was removed from the 5D001 entry in
2014 and reserved at that time.
    This rule adds Item paragraph 5D001.e to control specified
surveillance ``software,'' other than that specified by 5D001.a or
5D001.c, ``specially designed'' or modified for monitoring or analysis
by law enforcement, including a Technical Note that defines `handover
interface' and specifies some international standards examples. This
new entry controls software that is specially designed for use by law
enforcement to analyze the content of communications acquired from a
handover interface. Such software can be used by international actors
in ways that are contrary to U.S. national security. To be controlled,
the software must meet both parameters in subparagraphs 5D001.e.1 and
e.2, specifically, it must provide the ability to execute searches on
the basis of ``hard selectors'' of either the content of communication
or metadata acquired from a communications service provider using a
`handover interface' and it must provide the ability to map the
relational network or track the movement of targeted individuals based
on such searches. This new entry does not control network management
tools or banking software and therefore includes an exclusion note for
``software'' ``specially designed'' or modified for any of the
following: Billing purposes, Network Quality of Service (QoS), Quality
of Experience (QoE), mediation devices, or mobile payment or banking
use. Mediation devices for lawful intercept by the communication
service provider may be controlled in 5A980 or 5D980 and are not
included in this entry. A definition of ``hard selectors'' is added to
Sec.  772.1 (Definitions) of the EAR. This software has a license
requirement for NS column 1, and AT column 1. This software and its
corresponding technology are added to the eligibility paragraph for
License Exception TSR, limited to Country Group A:5 as specified in the
TSR paragraph of the List Based License Exceptions section of ECCNs
5D001 and 5E001. This software and technology are also eligible for
License Exception STA.

5E001 ``Technology''

    This rule adds 5D001.e surveillance software to 5E001.a to control
``technology'' according to the General Technology Note for the
``development'', ``production'' or ``use'' (excluding operation) of
``software'' controlled by 5D001.e. This technology has a license
requirement for NS column 1 and AT column 1. This technology is added
to the eligibility paragraph for License Exception TSR, as specified in
the TSR paragraph of the List Based License Exceptions section of ECCN
5E001. This technology is also eligible for License Exception STA.

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

5A004 ``Systems,'' ``Equipment'' and ``Components'' for Defeating,
Weakening or Bypassing ``Information Security''

    This rule adds paragraph 5A004.b to control digital forensics or
investigative tools. This new entry controls items that circumvent
authentication or authorization mechanisms and extract raw data from a
computer or communications device. Although once used primarily by law
enforcement, these items are increasingly being used by the military to
extract time-critical information from devices found on the
battlefield. The purpose of the text is to control items that can
quickly analyze a device and recover protected information, i.e., to
capture products which allow the recovery of protected information by
breaking, manipulating, exploiting, and/or bypassing security measures
which the manufacturer has installed on a device. The text is not
intended to capture items that extract data that is completely
unprotected on a device; nor is it intended to capture production or
test equipment, system administrator tools, or tools that are used for
retail purposes such as unlocking mobile phones. In addition, the
phrase ``extract raw data'' clarifies that items that are limited to
extracting simple user data, such as contact lists, videos, and photos
(for example to transfer personal information between mobile phone
handsets), would not be controlled.
    5A004.b requires a license to countries that have an ``X'' under
columns NS column 1 or AT column 1. An encryption item (EI) license
requirement also applies. See Sec.  742.15 of the EAR. License
Exception LVS and ENC are available as specified in the List Based
License Exceptions of 5A004 and the applicable license exception
criteria in part 740 so long as none of the restrictions set forth in
Sec.  740.2 apply.

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

    This rule also makes changes to License Exception ENC consistent
with the addition of 5A004.b. The first sentence in the introductory
paragraph to Sec.  740.17 is revised by adding ``and digital forensics
items (investigative tools)'' to the list of items authorized by
License Exception ENC. Paragraphs 1 and 3 of the Note to paragraph
(b)(2) introductory text are amended by adding ``classified in ECCN
5A004.a, 5D002.a.3.a or c.3.a, or 5E002'' to clarify what is meant by
``cryptanalytic items.'' Paragraph (b)(2)(ii) is changed by replacing
the reference to ``5A004 or 5D002'' with a reference to ``5A004.a,
5D002.a.3.a or 5D002.c.3.a'' where the paragraph mentions
``cryptanalytic items.'' Paragraph (b)(3)(iii)(B) is revised by
removing ``including network or computer forensics'' from the title and
replacing it with ``and investigative tools''; and revising the text of
the paragraph to point to ECCN 5A004.b for specific characteristics of
digital forensics items (investigative tools) subject to the thirty-day
(30-day) classification request requirement.

5D002 ``Software''

    This rule amends 5D002 by revising Item paragraphs 5D002.a.3 and
c.3, which are the associated software controls for 5A004 items, to add
software controls for 5A004.b digital forensics or investigative tools.
This rule also adds an exclusion note to 5D002.c.3.b to exclude
``intrusion software.'' This rule adds to Sec.  772.1 the definition of
``intrusion software'' from the agreements reached at the 2013 WA

Plenary. 5D002 requires a license to countries that have an ``X'' under
columns NS column 1 or AT column 1. An encryption item (EI) license
requirement also applies. See Sec.  742.15 of the EAR. License
Exception ENC is available as specified in the List Based License
Exceptions of 5D002 and the applicable license exception criteria in
part 740 so long as none of the restrictions set forth in Sec.  740.2
apply.

5E002 ``Technology''

    This rule adds an exclusion note to Item paragraph 5E002.a to
exclude ``technology'' for items specified by 5A004.b, 5D002.a.3.b or
5D002.c.3.b. The techniques that are used to circumvent authentication
and authorization and extract raw data are well known and therefore do
not warrant additional controls. In addition, information on these
techniques is often exchanged as part of cyber incident response and
vulnerability analysis activities and therefore controlling such
information could adversely impact those activities.

Category 9--Aerospace and Propulsion

9A004 Space Launch Vehicles and ``Spacecraft'', ``Spacecraft Buses'',
``Spacecraft Payloads'', ``Spacecraft'' On-Board Systems or Equipment,
and Terrestrial Equipment

    This rule adds ``sub-orbital craft'' to Item paragraph 9A004.h and
the definition for ``sub-orbital craft'' to Sec.  772.1 of the EAR. A
sub-orbital craft is designed to operate above the stratosphere and
land on Earth without completing an orbit. Therefore, it does not meet
the definition of ``spacecraft'', which is limited to satellites and
space probes. Certain types of sub-orbital craft could already be
considered to be controlled under 9A004 as space launch vehicles.
However, an overall space launch system may consist of several stages,
one of which may be a re-usable spaceplane. This item would generally
not be considered a space launch vehicle. While this rule adds 9A004.h
for consistency with the Wassenaar List of Dual-Use Goods, the ``sub-
orbital craft'' described by 9A004.h falls within the scope of 9A515.a
and is controlled by that entry if subject to the EAR. It should be
noted that ITAR Category XV(a)(11) captures certain sub-orbital craft.

9A515 ``Spacecraft'' and Related Commodities

    ``Sub-orbital craft'' warrant the same STA eligibility as
``spacecraft'' described in 9A515.a.1, a.2, a.3 and a.4. Therefore,
this rule revises the Special Conditions for STA by adding ``sub-
orbital craft'' to paragraph (1). This means that STA may not be used
for ``sub-orbital craft'' unless determined by BIS to be eligible for
License Exception STA in accordance with Sec.  740.20(g) (License
Exception STA eligibility requests for certain 9x515 and ``600 series''
items). Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)
of the EAR) may not be used for any item in 9A515. Note that 9A515 is
eligible for License Exception Limited Value Shipment (LVS) at $1500.
    This rule also amends paragraph 9A515.a to add ``sub-orbital
craft,'' because BIS lists ``spacecraft'' and related commodities in
9A515 of the CCL to more easily implement appropriate license
requirements and exceptions. ``Sub-orbital craft'' under ECCN 9A515.a
require a license to countries that have an ``X'' under columns NS
column 1, RS column 1, or AT column 1, which means a license is
required for all destinations other than Canada.
    For added clarity, this rule adds ``sub-orbital craft'' to the Note
to 9A515.a, which explains what is included in 9A515.a.

Sec.  740.20 License Exception Strategic Trade Authorization (STA)

    This rule amends paragraph (g) ``License Exception STA eligibility
requests for 9x515 and ``600 series'' items''. This revision will
clarify that ``sub-orbital craft'', ``spacecraft'' described in ECCNs
9A515.a.1, .a.2, .a.3, .a.4, and remote sensing components ``specially
designed'' for these ``spacecraft'' described in 9A515.g, require prior
approval before using License Exception STA.

9A012 Non-Military ``Unmanned Aerial Vehicles,'' (``UAVs''), Unmanned
``Airships'', Related Equipment and ``Components''

    This rule enumerates each sentence in the Related Controls
paragraph and adds a third sentence that explains that in classifying
``UAVs'' that are ``sub-orbital craft'' exporters should look at
9A004.h and 9A515.a.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
includes the Export Control Reform Act of 2018 (ECRA), 50 U.S.C.
Sections 4801-4852. ECRA provides the legal basis for BIS's principal
authorities and serves as the authority under which BIS issues this
rule.

Saving Clause

    Shipments of items removed from license exception eligibility or
eligibility for export, reexport or transfer (in-country) 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 October 5, 2020, pursuant to
actual orders for exports, reexports and transfers (in-country) 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, reexported or transferred (in-country) before December
4, 2020. Any such items not actually exported, reexported or
transferred (in-country) before midnight, local time, on December 4,
2020, require a license in accordance with this final rule.

Executive Order Requirements

    Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
    This rule has been designated a ``significant regulatory action''
under Executive Order 12866. The Wassenaar Arrangement (WA) was
established in order to contribute 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. The goal was
also to prevent the acquisition of such items by terrorists. There are
presently 42 Participating States, including the United States, which
seek through their national policies to ensure that transfers of these
items do not contribute to the development or enhancement of military
capabilities that undermine these goals, and to ensure that these items
are not diverted to support such military capabilities. Implementation
of the WA Plenary agreements in a timely manner enhances the national
security of the United States and global international trade.
    This rule does not contain policies with Federalism implications as
that

term is defined under Executive Order 13132.
    This rule is not subject to the requirements of E.O. 13771 (82 FR
9339, February 3, 2017) because it is issued with respect to a national
security function of the United States.

Paperwork Reduction Act Requirements

    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 the following OMB-approved collections of
information subject to the PRA: 0694-0088, ``Multi-Purpose
Application'', which carries a burden hour estimate of 29.6 minutes for
a manual or electronic submission; 0694-0137 ``License Exceptions and
Exclusions'', which carries a burden hour estimate average of 1.5 hours
per electronic submission (Note: Submissions for License Exceptions are
rarely required); 0694-0096 ``Five Year Records Retention Period'',
which carries a burden hour estimate of less than 1 minute; and 0607-
0152 ``Automated Export System (AES) Program'', which carries a burden
hour estimate of 3 minutes per electronic submission. Specific license
application submission estimates are discussed further in the preamble
of this rule where the revision is explained. BIS estimates that
revisions that are editorial, including moving the location of control
text on the Commerce Control List, or that clarify language, will
result in no change in license application submissions.
    Any comments regarding these collections of information, including
suggestions for reducing the burden, may be sent to OMB Desk Officer,
New Executive Office Building, Washington, DC 20503; and to Jasmeet K.
Seehra, Office of Management and Budget (OMB), by email to
<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>.

Administrative Procedure Act and Regulatory Flexibility Act
Requirements

    Pursuant to Sec.  4821 of ECRA, this action is exempt from the
Administrative Procedure Act (5 U.S.C. 553) requirements for notice of
proposed rulemaking, opportunity for public participation, and delay in
effective date.
    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. Accordingly, no regulatory flexibility analysis is
required, and none has been prepared.

List of Subjects

15 CFR Part 740

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

15 CFR Part 772

    Exports

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

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

PART 740--LICENSE EXCEPTIONS

0
1. The authority citation for part 740 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783.

0
2. Section 740.17 is amended by:
0
a. Revising the first sentence of the introductory text;
0
b. Revising paragraphs 1 and 3 of the Note to paragraph (b)(2)
introductory text;
0
c. Revising paragraphs (b)(2)(ii) and (b)(2)(iv)(B); and
0
d. Revising paragraph (b)(3)(iii)(B).
    The revised text is set forth below.

Sec.  740.17  Encryption commodities, software and technology (ENC).

    License Exception ENC authorizes export, reexport, and transfer
(in-country) of systems, equipment, commodities, and components
therefor that are classified under ECCN 5A002, 5B002, equivalent or
related software and technology therefor classified under 5D002 or
5E002, and ``cryptanalytic items'' and digital forensics items
(investigative tools) classified under ECCN 5A004, 5D002 or 5E002. * *
*
* * * * *
    (b) * * *
    (2) * * *

    Note to paragraph (b)(2) introductory text: * * *

    1. All submitted encryption items described in this paragraph
(b)(2), except ``cryptanalytic items,'' classified in ECCN 5A004.a,
5D002.a.3.a or c.3.a, or 5E002, to any end user located or
headquartered in a country listed in supplement no. 3 to this part;
* * * * *
    3. ``Cryptanalytic items,'' classified in ECCN 5A004.a, 5D002.a.3.a
or c.3.a, or 5E002, to non-``government end users,'' only, located or
headquartered in a country listed in supplement no. 3 to this part; and
* * * * *
    (ii) Cryptanalytic commodities and software. ``Cryptanalytic
items'' classified in ECCN 5A004.a, 5D002.a.3.a, or 5D002.c.3.a, to
non- ``government end users'' located or headquartered in countries not
listed in supplement no. 3 to this part.
* * * * *
    (iv) * * *
    (B) Other technology. Encryption technology classified under ECCN
5E002 except technology for ``cryptanalytic items'' classified in ECCN
5A004.a, 5D002.a.3.a or 5D002.c.3.a, ``non-standard cryptography'' or
any ``open cryptographic interface,'' to any non-``government end
user'' located in a country not listed in Country Group D:1, E:1, or
E:2 of supplement no. 1 to part 740 of the EAR.
* * * * *
    (3) * * *
    (iii) * * *
    (B) Digital forensics and investigative tools. Items specified in
ECCN 5A004.b, 5D002.a.3.b, or 5D002.c.3.b, see supplement no. 1 to part
774 Commerce Control List.
* * * * *

0
3. Section 740.20 is amended by revising paragraph (g)(1) to read as
follows:

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

* * * * *
    (g) * * * (1) Applicability. Any person may request License
Exception STA eligibility for end items described in ECCN 0A606.a, ECCN
8A609.a, ECCNs 8A620.a or .b, ``spacecraft'' in ECCNs 9A515.a.1, .a.2,
.a.3, or .a.4, ``sub-orbital craft,'' or items in 9A515.g, 9A610.a, or
technology ECCNs 9E515.b, .d, .e, or .f.
* * * * *

PART 772--DEFINITIONS OF TERMS

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

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783.

0
5. Section 772.1 is amended by:
0
a. Adding the definition of ``hard selectors'' in alphabetical order;
0
b. Adding the definition of ``intrusion software'' in alphabetical
order, with notes 1 and 2 to the definition of ``intrusion software'',
and technical notes 1 and 2 to the definition of ``intrusion
software''; and
0
c. Adding the definition of ``sub-orbital craft'' in alphabetical
order.
    The additions read as follows:

Sec.  772.1  Definitions of Terms As Used In the Export Administration
Regulations (EAR).

* * * * *
    Hard selectors. (Cat 5P1) Data or set of data, related to an
individual (e.g., family name, given name, email, street address, phone
number or group affiliations).
* * * * *
    Intrusion software. (5P2) ``Software'' specially designed or
modified to avoid detection by `monitoring tools', or to defeat
`protective countermeasures', of a computer or network-capable device,
and performing any of the following:
    (1) The extraction of data or information, from a computer or
network-capable device, or the modification of system or user data; or
    (2) The modification of the standard execution path of a program or
process in order to allow the execution of externally provided
instructions.

    Note 1 to ``Intrusion software'' definition: ``Intrusion
software'' does not include any of the following: Hypervisors,
debuggers or Software Reverse Engineering (SRE) tools; Digital
Rights Management (DRM) ``software''; or ``Software'' designed to be
installed by manufacturers, administrators or users, for the
purposes of asset tracking or recovery.

    Note 2 to ``Intrusion software'' definition: Network-capable
devices include mobile devices and smart meters.

    Technical note 1 to ``Intrusion software'' definition:
`Monitoring tools': ``software'' or hardware devices, that monitor
system behaviors or processes running on a device. This includes
antivirus (AV) products, end point security products, Personal
Security Products (PSP), Intrusion Detection Systems (IDS),
Intrusion Prevention Systems (IPS) or firewalls.

    Technical note 2 to ``Intrusion software'' definition:
`Protective countermeasures': techniques designed to ensure the safe
execution of code, such as Data Execution Prevention (DEP), Address
Space Layout Randomization (ASLR) or sandboxing.

* * * * *
    ``Sub-orbital craft''. (Cat 9) A craft having an enclosure designed
for the transport of people or cargo, which is designed to:
    (1) Operate above the stratosphere;
    (2) Perform a non-orbital trajectory; and
    (3) Land back on Earth with the people or cargo intact.
* * * * *

PART 774--THE COMMERCE CONTROL LIST

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

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783.

0
7. In supplement no. 1 to part 774:
0
a. Revise ECCN 2B001 under Category 2--Materials Processing, section B.
``Test'', ``Inspection'' and ``Production Equipment'';
0
b. Revise ECCN 3D003 under Category 3--Electronics, section D.
``Software'';
0
c. Add ECCN 3E004 after 3E003 under Category 3--Electronics, section E.
``Technology'';
0
d. Revise ECCN 5D001 under Category 5--Telecommunications and
``Information Security'', Part 1--Telecommunications, section D.
``Software'';
0
e. Revise ECCN 5E001 under Category 5--Telecommunications and
``Information Security'', Part 1--Telecommunications, section E.
``Technology'';
0
f. Revise ECCN 5A004 under Category 5--Telecommunications and
``Information Security'', Part 2--``Information Security'', section A.
``End Items,'' ``Equipment,'' ``Accessories,'' ``Attachments,''
``Parts,'' ``Components,'' and ``Systems'', subsection III. DEFEATING,
WEAKENING, OR BYPASSING ``INFORMATION SECURITY'';
0
g. Revise ECCN 5D002 under Category 5--Telecommunications and
``Information Security'', Part 2--``Information Security'', section D.
``Software'';
0
h. Revise ECCN 5E002 under Category 5--Telecommunications and
``Information Security'', Part 2--``Information Security'', section E.
``Technology'';
0
i. Revise ECCN 9A004 under Category 9--Aerospace and Propulsion,
section A. ``End Items'', ``Equipment'', ``Accessories'',
``Attachments'', ``Parts'', ``Components'' and ``Systems'';
0
j. Revise ECCN 9A012 under Category 9--Aerospace and Propulsion,
section A. ``End Items'', ``Equipment'', ``Accessories'',
``Attachments'', ``Parts'', ``Components'' and ``Systems''; and
0
k. Revise ECCN 9A515 under Category 9--Aerospace and Propulsion,
section A. ``End Items'', ``Equipment'', ``Accessories'',
``Attachments'', ``Parts'', ``Components'' and ``Systems''.
    The revisions and additions read as follows:

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

* * * * *

Category 2--Materials Processing

* * * * *

B. ``Test'', ``Inspection'' and ``Production Equipment''

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

License Requirements

Reason for Control: NS, NP, AT

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

NS applies to entire entry.............  NS Column 2.
NP applies to 2B001.a, .b, .c, and .d,   NP Column 1.
 EXCEPT:.

(1) turning machines under 2B001.a with
 a capacity no greater than 35 mm
 diameter; (2) bar machines
 (Swissturn), limited to machining only
 bar feed through, if maximum bar
 diameter is equal to or less than 42
 mm and there is no capability of
 mounting chucks. (Machines may have
 drilling and/or milling capabilities
 for machining ``parts'' or
 ``components'' with diameters less
 than 42 mm); or
(3) milling machines under 2B001.b with
 x-axis travel greater than two meters
 and overall positioning accuracy
 according to ISO 230/2 (2006) on the x-
 axis more (worse) than 22.5 [mu]m.
AT applies to entire entry.............  AT Column 1.

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: (1) See ECCN 2B002 for optical finishing machines.
(2) See ECCNs 2D001 and 2D002 for software for items controlled
under this entry. (3) See ECCNs 2E001 (``development''), 2E002
(``production''), and 2E201 (``use'') for technology for items
controlled under this entry. (4) Also see ECCNs 2B201 and 2B991.
Related Definitions: N/A
Items:

    Note 1:
    2B001 does not control special purpose machine tools limited to
the manufacture of gears. For such machines, see 2B003.

    Note 2:
    2B001 does not control special purpose machine tools limited to
the manufacture of any of the following:

    a. Crank shafts or cam shafts;
    b. Tools or cutters;
    c. Extruder worms;
    d. Engraved or faceted jewelry parts; or
    e. Dental prostheses.

    Note 3:
    A machine tool having at least two of the three turning, milling
or grinding capabilities (e.g., a turning machine with milling
capability), must be evaluated against each applicable entry
2B001.a, .b or .c.

    Note 4:
    A machine tool having an additive manufacturing capability in
addition to a turning, milling or grinding capability must be
evaluated against each applicable entry 2B001.a, .b or .c.

    a. Machine tools for turning having two or more axes which can
be coordinated simultaneously for ``contouring control'' having any
of the following:
    a.1. ``Unidirectional positioning repeatability'' equal to or
less (better) than 0.9 [micro]m along one or more linear axis with a
travel length less than 1.0 m; or
    a.2. ``Unidirectional positioning repeatability'' equal to or
less (better) than 1.1 [micro]m along one or more linear axis with a
travel length equal to or greater than 1.0 m;

    Note 1:
     2B001.a does not control turning machines ``specially
designed'' for producing contact lenses, having all of the
following:

    a. Machine controller limited to using ophthalmic based
``software'' for part programming data input; and
    b. No vacuum chucking.

    Note 2:
    2B001.a does not apply to bar machines (Swissturn), limited to
machining only bar feed thru, if maximum bar diameter is equal to or
less than 42 mm and there is no capability of mounting chucks.
Machines may have drilling or milling capabilities for machining
parts with diameters less than 42 mm.

    b. Machine tools for milling having any of the following:
    b.1. Three linear axes plus one rotary axis which can be
coordinated simultaneously for ``contouring control'' having any of
the following:
    b.1.a. ``Unidirectional positioning repeatability'' equal to or
less (better) than 0.9 [micro]m along one or more linear axis with a
travel length less than 1.0 m; or
    b.1.b. ``Unidirectional positioning repeatability'' equal to or
less (better) than 1.1 [micro]m along one or more linear axis with a
travel length equal to or greater than 1.0 m;
    b.2. Five or more axes which can be coordinated simultaneously
for ``contouring control'' having any of the following:
    b.2.a. ``Unidirectional positioning repeatability'' equal to or
less (better) than 0.9 [micro]m along one or more linear axis with a
travel length less than 1.0 m;
    b.2.b. ``Unidirectional positioning repeatability'' equal to or
less (better) than 1.4 [micro]m along one or more linear axis with a
travel length equal to or greater than 1 m and less than 4 m; or
    b.2.c. ``Unidirectional positioning repeatability'' equal to or
less (better) than 6.0 [micro]m along one or more linear axis with a
travel length equal to or greater than 4 m;
    b.3. A ``unidirectional positioning repeatability'' for jig
boring machines, equal to or less (better) than 1.1 [micro]m along
one or more linear axis; or
    b.4. Fly cutting machines having all of the following:
    b.4.a. Spindle ``run-out'' and ``camming'' less (better) than
0.0004 mm TIR; and
    b.4.b. Angular deviation of slide movement (yaw, pitch and roll)
less (better) than 2 seconds of arc, TIR, over 300 mm of travel;
    c. Machine tools for grinding having any of the following:
    c.1. Having all of the following:
    c.1.a. ``Unidirectional positioning repeatability'' equal to or
less (better) than 1.1 [micro]m along one or more linear axis; and
    c.1.b. Three or four axes which can be coordinated
simultaneously for ``contouring control''; or
    c.2. Five or more axes which can be coordinated simultaneously
for ``contouring control'' having any of the following:
    c.2.a. ``Unidirectional positioning repeatability'' equal to or
less (better) than 1.1 [micro]m along one or more linear axis with a
travel length less than 1m;
    c.2.b. ``Unidirectional positioning repeatability'' equal to or
less (better) than 1.4 [micro]m along one or more linear axis with a
travel length equal to or greater than 1 m and less than 4 m; or
    c.2.c. ``Unidirectional positioning repeatability'' equal to or
less (better) than 6.0 [micro]m along one or more linear axis with a
travel length equal to or greater than 4 m.

    Notes: 2B001.c does not control grinding machines as follows:

    a. Cylindrical external, internal, and external-internal
grinding machines, having all of the following:
    a.1. Limited to cylindrical grinding; and
    a.2. Limited to a maximum workpiece capacity of 150 mm outside
diameter or length.
    b. Machines designed specifically as jig grinders that do not
have a z-axis or a w-axis, with a ``unidirectional positioning
repeatability'' less (better) than 1.1 [micro]m.
    c. Surface grinders.
    d. Electrical discharge machines (EDM) of the non-wire type
which have two or more rotary axes which can be coordinated
simultaneously for ``contouring control'';
    e. Machine tools for removing metals, ceramics or
``composites'', having all of the following:
    e.1. Removing material by means of any of the following:
    e.1.a. Water or other liquid jets, including those employing
abrasive additives;
    e.1.b. Electron beam; or
    e.1.c. ``Laser'' beam; and
    e.2. At least two rotary axes having all of the following:
    e.2.a. Can be coordinated simultaneously for ``contouring
control''; and
    e.2.b. A positioning ``accuracy'' of less (better) than
0.003[deg];
    f. Deep-hole-drilling machines and turning machines modified for
deep-hole-drilling, having a maximum depth-of-bore capability
exceeding 5m.
* * * * *

Category 3--Electronics

* * * * *

D. ``Software''

* * * * *
3D003 Computational lithography' ``software'' ``specially designed''
for the ``development'' of patterns on EUV-lithography masks or
reticles.

License Requirements

Reason for Control: NS, AT

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

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

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

TSR: Yes

List of Items Controlled

Related Controls: N/A
Related Definitions: `Computational lithography' is the use of
computer modelling to predict, correct, optimize and verify imaging
performance of the lithography process over a range of patterns,
processes, and system conditions.
Items:
    The list of items controlled is contained in the ECCN heading.
* * * * *

E. ``Technology''

* * * * *
3E004 ``Technology'' ``required'' for the slicing, grinding and
polishing of 300 mm diameter silicon wafers to achieve a `Site Front
least sQuares Range' (`SFQR') less than or equal to 20 nm at any
site of 26 mm x 8 mm on the front surface of the wafer and an edge
exclusion less than or equal to 2 mm.

License Requirements

Reason for Control: NS, AT

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

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

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

TSR: Yes

List of Items Controlled

Related Controls: N/A
Related Definitions: For the purpose of 3E004, `Site Front least
sQuares Range' (`SFQR') is the range of maximum deviation and
minimum deviation from front reference plane, calculated by least
square method with all front surface data including site boundary
within a site.
Items:
    The list of items controlled is contained in the ECCN heading.
* * * * *

Category 5--Telecommunications and ``Information Security''

Part 1--Telecommunications

* * * * *

D. ``Software''

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

License Requirements

Reason for Control: NS, SL, AT

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

NS applies to entire entry.............  NS Column 1.
SL applies to the entire entry as        A license is required for all
 applicable for equipment, functions,     destinations, as specified in
 features, or characteristics             Sec.   742.13 of the EAR.
 controlled by 5A001.f.1.                 Accordingly, a column specific
                                          to this control does not
                                          appear on the Commerce Country
                                          Chart (Supplement No. 1 to
                                          Part 738 of the EAR).
                                         Note to SL paragraph: This
                                          licensing requirement does not
                                          supersede, implement, construe
                                          or limit the scope of any
                                          criminal statute, including,
                                          but not limited to, the
                                          Omnibus Safe Streets Act of
                                          1968, as amended.
AT applies to entire entry.............  AT Column 1.

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for
exports under License Exceptions and Validated End-User
authorizations.

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

TSR: Yes, except for exports and reexports to destinations outside
of those countries listed in Country Group A:5 (See Supplement No. 1
to part 740 of the EAR) of the following:
    (1) ``Software'' controlled by 5D001.a and ``specially
designed'' for items controlled by 5A001.b.5 and 5A001.h. or
    (2) ``Software'' controlled by 5D001.e.

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit
5D001.a ``software'' ``specially designed'' for the ``development''
or ``production'' of equipment, functions or features, specified by
ECCN 5A001.b.3, .b.5 or .h. for ``software'' ``specially designed''
or modified to support ``technology'' specified by the STA paragraph
in the License Exception section of ECCN 5E001 to any of the
destinations listed in Country Group A:6 (See Supplement No. 1 to
part 740 of the EAR).

List of Items Controlled

Related Controls: See also 5D980 and 5D991.
Related Definitions: N/A
Items:
    a. ``Software'' ``specially designed'' or modified for the
``development'', ``production'' or ``use'' of equipment, functions
or features controlled by 5A001;
    b. [Reserved]
    c. Specific ``software'' ``specially designed'' or modified to
provide characteristics, functions or features of equipment,
controlled by 5A001 or 5B001;
    d. ``Software'' ``specially designed'' or modified for the
``development'' of any of the following telecommunication
transmission or switching equipment:
    d.1. [Reserved]
    d.2. Equipment employing a ``laser'' and having any of the
following:
    d.2.a. A transmission wavelength exceeding 1,750 nm; or
    d.2.b. Employing analog techniques and having a bandwidth
exceeding 2.5 GHz; or

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

    d.3. [Reserved]
    d.4. Radio equipment employing Quadrature-Amplitude-Modulation
(QAM) techniques above level 1,024;
    e. ``Software'', other than that specified by 5D001.a or
5D001.c, ``specially designed'' or modified for monitoring or
analysis by law enforcement, providing all of the following:
    e.1. Execution of searches on the basis of ``hard selectors'' of
either the content of communication or metadata acquired from a
communications service provider using a `handover interface'; and
    Technical Notes:
    1. For the purposes of 5D001.e, a `handover interface' is a
physical and logical interface, designed for use by an authorised
law enforcement authority, across which targeted interception
measures are requested from a communications service provider and
the results of interception are delivered from a communications
service provider to the requesting authority. The `handover
interface'' is implemented within systems or equipment (e.g.,
mediation devices) that receive and validate the interception
request, and deliver to the requesting authority only the results of
interception that fulfil the validated request.
    2. `Handover interfaces' may be specified by international
standards (including but not limited to ETSI TS 101 331, ETSI TS 101
671, 3GPP TS 33.108) or national equivalents.
    e.2. Mapping of the relational network or tracking the movement
of targeted individuals based on the results of searches on content
of communication or metadata or searches as described in 5D001.e.1.

    Note: 5D001.e does not apply to ``software'' ``specially
designed'' or modified for any of the following:

    a. Billing purposes;
    b. Network Quality of Service (QoS);
    c. Quality of Experience (QoE);
    d. Mediation devices; or
    e. Mobile payment or banking use.
* * * * *

E. ``Technology''

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

License Requirements

Reason for Control: NS, SL, AT

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

NS applies to entire entry.............  NS Column 1.
SL applies to ``technology'' for the     A license is required for all
 ``development'' or ``production'' of     destinations, as specified in
 equipment, functions or features         Sec.   742.13 of the EAR.
 controlled by 5A001.f.1, or for the      Accordingly, a column specific
 ``development'' or ``production'' of     to this control does not
 ``software'' controlled by ECCN          appear on the Commerce Country
 5D001.a (for 5A001.f.1).                 Chart (Supplement No. 1 to
                                          Part 738 of the EAR).
                                         Note to SL paragraph: This
                                          licensing requirement does not
                                          supersede, implement, construe
                                          or limit the scope of any
                                          criminal statute, including,
                                          but not limited to, the
                                          Omnibus Safe Streets Act of
                                          1968, as amended.
AT applies to entire entry.............  AT Column 1.

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for
exports under License Exceptions and Validated End-User
authorizations.

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

TSR: Yes, except for exports or reexports to destinations outside of
those countries listed in Country Group A:5 (See Supplement No. 1 to
part 740 of the EAR) of ``technology'' controlled by 5E001.a for the
``development'' or ``production'' of the following:
    (1) Items controlled by 5A001.b.5 or 5A001.h;
    (2) ``Software'' controlled by 5D001.a that is ``specially
designed'' for the ``development'' or ``production'' of equipment,
functions or features controlled by 5A001.b.5 or 5A001.h.; or
    (3) ``Software'' controlled by 5D001.e.

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit
``technology'' according to the General Technology Note for the
``development'' or ``production'' of equipment, functions or
features specified by 5A001.b.3, .b.5 or .h; or for ``software'' in
5D001.a that is specified in the STA paragraph in the License
Exception section of ECCN 5D001 to any of the destinations listed in
Country Group A:6 (See Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: (1) See also 5E101, 5E980 and 5E991. (2)
``Technology'' for ``development'' or ``production'' of ``Monolithic
Microwave Integrated Circuit'' (``MMIC'') amplifiers that meet the
control criteria given at 3A001.b.2 is controlled in 3E001; 5E001.d
refers only to that additional ``technology'' ``required'' for
telecommunications.
Related Definitions: N/A
Items:
    a. ``Technology'' according to the General Technology Note for
the ``development'', ``production'' or ``use'' (excluding operation)
of equipment, functions or features, controlled by 5A001 or
``software'' controlled by 5D001.a or 5D001.e.
    b. Specific ``technology'', as follows:
    b.1. ``Technology'' ``required'' for the ``development'' or
``production'' of telecommunications equipment ``specially
designed'' to be used on board satellites;
    b.2. ``Technology'' for the ``development'' or ``use'' of
``laser'' communication techniques with the capability of
automatically acquiring and tracking signals and maintaining
communications through exoatmosphere or sub-surface (water) media;
    b.3. ``Technology'' for the ``development'' of digital cellular
radio base station receiving equipment whose reception capabilities
that allow multi-band, multi-channel, multi-mode, multi-coding
algorithm or multi-protocol operation can be modified by changes in
``software'';
    b.4. ``Technology'' for the ``development'' of ``spread
spectrum'' techniques, including ``frequency hopping'' techniques.

    Note:  5E001.b.4 does not apply to ``technology'' for the
``development'' of any of the following:

    a. Civil cellular radio-communications systems; or
    b. Fixed or mobile satellite Earth stations for commercial civil
telecommunications.
    c. ``Technology'' according the General Technology Note for the
``development'' or ``production'' of any of the following:
    c.1. [Reserved]
    c.2. Equipment employing a ``laser'' and having any of the
following:
    c.2.a. A transmission wavelength exceeding 1,750 nm;
    c.2.b. [Reserved]
    c.2.c. [Reserved]
    c.2.d. Employing wavelength division multiplexing techniques of
optical carriers at less than 100 GHz spacing; or
    c.2.e. Employing analog techniques and having a bandwidth
exceeding 2.5 GHz;

    Note:  5E001.c.2.e does not control ``technology'' for
commercial TV systems.

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

    c.3. Equipment employing ``optical switching'' and having a
switching time less than 1 ms; or
    c.4. Radio equipment having any of the following:
    c.4.a. Quadrature-Amplitude-Modulation (QAM) techniques above
level 1,024; or
    c.4.b. Operating at input or output frequencies exceeding 31.8
GHz; or

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

communications services, but not for radio-determination.

    c.4.c. Operating in the 1.5 MHz to 87.5 MHz band and
incorporating adaptive techniques providing more than 15 dB
suppression of an interfering signal; or
    c.5. [Reserved]
    c.6. Mobile equipment having all of the following:
    c.6.a. Operating at an optical wavelength greater than or equal
to 200nm and less than or equal to 400nm; and
    c.6.b. Operating as a ``local area network'';
    d. ``Technology'' according to the General Technology Note for
the ``development'' or ``production'' of ``Monolithic Microwave
Integrated Circuit'' (``MMIC'') amplifiers ``specially designed''
for telecommunications and that are any of the following:

    Technical Note: For purposes of 5E001.d, the parameter peak
saturated power output may also be referred to on product data
sheets as output power, saturated power output, maximum power
output, peak power output, or peak envelope power output.

    d.1. Rated for operation at frequencies exceeding 2.7 GHz up to
and including 6.8 GHz with a ``fractional bandwidth'' greater than
15%, and having any of the following:
    d.1.a. A peak saturated power output greater than 75 W (48.75
dBm) at any frequency exceeding 2.7 GHz up to and including 2.9 GHz;
    d.1.b. A peak saturated power output greater than 55 W (47.4
dBm) at any frequency exceeding 2.9 GHz up to and including 3.2 GHz;
    d.1.c. A peak saturated power output greater than 40 W (46 dBm)
at any frequency exceeding 3.2 GHz up to and including 3.7 GHz; or
    d.1.d. A peak saturated power output greater than 20 W (43 dBm)
at any frequency exceeding 3.7 GHz up to and including 6.8 GHz;
    d.2. Rated for operation at frequencies exceeding 6.8 GHz up to
and including 16 GHz with a ``fractional bandwidth'' greater than
10%, and having any of the following:
    d.2.a. A peak saturated power output greater than 10W (40 dBm)
at any frequency exceeding 6.8 GHz up to and including 8.5 GHz; or
    d.2.b. A peak saturated power output greater than 5W (37 dBm) at
any frequency exceeding 8.5 GHz up to and including 16 GHz;
    d.3. Rated for operation with a peak saturated power output
greater than 3 W (34.77 dBm) at any frequency exceeding 16 GHz up to
and including 31.8 GHz, and with a ``fractional bandwidth'' of
greater than 10%;
    d.4. Rated for operation with a peak saturated power output
greater than 0.1 nW (-70 dBm) at any frequency exceeding 31.8 GHz up
to and including 37 GHz;
    d.5. Rated for operation with a peak saturated power output
greater than 1 W (30 dBm) at any frequency exceeding 37 GHz up to
and including 43.5 GHz, and with a ``fractional bandwidth'' of
greater than 10%;
    d.6. Rated for operation with a peak saturated power output
greater than 31.62 mW (15 dBm) at any frequency exceeding 43.5 GHz
up to and including 75 GHz, and with a ``fractional bandwidth'' of
greater than 10%;
    d.7. Rated for operation with a peak saturated power output
greater than 10 mW (10 dBm) at any frequency exceeding 75 GHz up to
and including 90 GHz, and with a ``fractional bandwidth'' of greater
than 5%; or
    d.8. Rated for operation with a peak saturated power output
greater than 0.1 nW (-70 dBm) at any frequency exceeding 90 GHz;
    e. ``Technology'' according to the General Technology Note for
the ``development'' or ``production'' of electronic devices and
circuits, ``specially designed'' for telecommunications and
containing ``components'' manufactured from ``superconductive''
materials, ``specially designed'' for operation at temperatures
below the ``critical temperature'' of at least one of the
``superconductive'' constituents and having any of the following:
    e.1. Current switching for digital circuits using
``superconductive'' gates with a product of delay time per gate (in
seconds) and power dissipation per gate (in watts) of less than
10-\14\ J; or
    e.2. Frequency selection at all frequencies using resonant
circuits with Q-values exceeding 10,000.
* * * * *

Part 2--``Information Security''

* * * * *

A. ``End Items,'' ``Equipment,'' ``Accessories,'' ``Attachments,''
``Parts,'' ``Components,'' and ``Systems''

* * * * *

III. Defeating, Weakening, or Bypassing ``Information Security''

5A004 ``Systems,'' ``equipment'' and ``components'' for defeating,
weakening or bypassing ``information security,'' as follows (see
List of Items Controlled).

License Requirements

Reason for Control: NS, AT, EI

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

NS applies to entire entry.............  NS Column 1.
AT applies to entire entry.............  AT Column 1.
EI applies to entire entry.............  Refer to Sec.   742.15 of the
                                          EAR.

    License Requirements Note: See Sec.  744.17 of the EAR for
additional license requirements for microprocessors having a
processing speed of 5 GFLOPS or more and an arithmetic logic unit
with an access width of 32 bit or more, including those
incorporating ``information security'' functionality, and associated
``software'' and ``technology'' for the ``production'' or
``development'' of such microprocessors.

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

LVS: Yes: $500 for ``components.''
N/A for systems and equipment.
GBS: N/A
ENC: Yes for certain EI controlled commodities. See Sec.  740.17 of
the EAR for eligibility.

List of Items Controlled

Related Controls: ECCN 5A004.a controls ``components'' providing the
means or functions necessary for ``information security.'' All such
``components'' are presumptively ``specially designed'' and
controlled by 5A004.a.
Related Definitions: N/A
Items:
    a. Designed or modified to perform `cryptanalytic functions.'

    Note: 5A004.a includes systems or equipment, designed or
modified to perform `cryptanalytic functions' by means of reverse
engineering.

    Technical Note: `Cryptanalytic functions' are functions designed
to defeat cryptographic mechanisms in order to derive confidential
variables or sensitive data, including clear text, passwords or
cryptographic keys.

    b. Items, not specified by 5A004.a, designed to perform all of
the following:
    b.1. `Extract raw data' from a computing or communications
device; and
    b.2. Circumvent ``authentication'' or authorisation controls of
the device, in order to perform the function described in 5A004.b.1.

    Technical Note: `Extract raw data' from a computing or
communications device means to retrieve binary data from a storage
medium, e.g., RAM, flash or hard disk, of the device without
interpretation by the device's operating system or filesystem.

    Note 1: 5A004.b does not apply to systems or equipment specially
designed for the ``development'' or ``production'' of a computing or
communications device.

    Note 2: 5A004.b does not include:

    a. Debuggers, hypervisors;
    b. Items limited to logical data extraction;
    c. Data extraction items using chip-off or JTAG; or
    d. Items specially designed and limited to jail-breaking or
rooting.
* * * * *

D. ``Software''

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

License Requirements

Reason for Control: NS, AT, EI

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

NS applies to entire entry.............  NS Column 1.
AT applies to entire entry.............  AT Column 1.
EI applies to ``software'' in            Refer to Sec.   742.15 of the
 5D002.a.1, a.3, .b, c.1 and c.3, for     EAR.
 commodities or ``software'' controlled  Note: Encryption software is
 for EI reasons in ECCN 5A002, 5A004 or   controlled because of its
 5D002.                                   functional capacity, and not
                                          because of any informational
                                          value of such software; such
                                          software is not accorded the
                                          same treatment under the EAR
                                          as other ``software'; and for
                                          export licensing purposes,
                                          encryption software is treated
                                          under the EAR in the same
                                          manner as a commodity included
                                          in ECCN 5A002.

    License Requirements Note:

    See Sec.  744.17 of the EAR for additional license requirements
for microprocessors having a processing speed of 5 GFLOPS or more
and an arithmetic logic unit with an access width of 32 bit or more,
including those incorporating ``information security''
functionality, and associated ``software'' and ``technology'' for
the ``production'' or ``development'' of such microprocessors.

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

TSR: N/A
ENC: Yes for certain EI controlled software. See Sec.  740.17 of the
EAR for eligibility.

List of Items Controlled

Related Controls: After classification or self-classification in
accordance with Sec.  740.17(b) of the EAR, mass market encryption
software that meets eligibility requirements is released from ``EI''
and ``NS'' controls. This software is designated as 5D992.c.
Related Definitions: 5D002.a controls ``software'' designed or
modified to use ``cryptography'' employing digital or analog
techniques to ensure ``information security.''
Items:
    a. ``Software'' ``specially designed'' or modified for the
``development,'' ``production'' or ``use'' of any of the following:
    a.1. Equipment specified by 5A002 or ``software'' specified by
5D002.c.1;
    a.2. Equipment specified by 5A003 or ``software'' specified by
5D002.c.2; or
    a.3. Equipment or ``software'', as follows:
    a.3.a. Equipment specified by 5A004.a or ``software'' specified
by 5D002.c.3.a;
    a.3.b. Equipment specified by 5A004.b or ``software'' specified
by 5D002.c.3.b;
    b. ``Software'' having the characteristics of a `cryptographic
activation token' specified by 5A002.b;
    c. ``Software'' having the characteristics of, or performing or
simulating the functions of, any of the following:
    c.1. Equipment specified by 5A002.a, .c, .d or .e;

    Note:  5D002.c.1 does not apply to ``software'' limited to the
tasks of ``OAM'' implementing only published or commercial
cryptographic standards.

    c.2. Equipment specified by 5A003; or
    c.3. Equipment, as follows:
    c.3.a. Equipment specified by 5A004.a;
    c.3.b. Equipment specified by 5A004.b.

    Note: 5D002.c.3.b does not apply to ``intrusion software''.

    d. [Reserved]

    N.B.: See 5D002.b for items formerly specified in 5D002.d.

* * * * *

E. ``Technology''

5E002 ``Technology'' as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, AT, EI

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

NS applies to entire entry.............  NS Column 1.
AT applies to entire entry.............  AT Column 1.
EI applies to ``technology'' in 5E002.a  Refer to Sec.   742.15 of the
 for commodities or ``software''          EAR.
 controlled for EI reasons in ECCNs
 5A002, 5A004 or 5D002, and to
 ``technology'' in 5E002.b.

    License Requirements Notes:

    (1) See Sec.  744.17 of the EAR for additional license
requirements for microprocessors having a processing speed of 5
GFLOPS or more and an arithmetic logic unit with an access width of
32 bit or more, including those incorporating ``information
security'' functionality, and associated ``software'' and
``technology'' for the ``production'' or ``development'' of such
microprocessors.
    (2) When a person performs or provides technical assistance that
incorporates, or otherwise draws upon, ``technology'' that was
either obtained in the United States or is of U.S.-origin, then a
release of the ``technology'' takes place. Such technical
assistance, when rendered with the intent to aid in the
``development'' or ``production'' of encryption commodities or
software that would be controlled for ``EI'' reasons under ECCN
5A002, 5A004 or 5D002, may require authorization under the EAR even
if the underlying encryption algorithm to be implemented is from the
public domain or is not of U.S.-origin.

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

TSR: N/A
ENC: Yes for certain EI controlled technology. See Sec.  740.17 of
the EAR for eligibility.

List of Items Controlled

Related Controls: See also 5E992. This entry does not control
``technology'' ``required'' for the ``use'' of equipment excluded
from control under the Related Controls paragraph or the Technical
Notes in ECCN 5A002 or ``technology'' related to equipment excluded
from control under ECCN 5A002.

Related Definitions: N/A
Items:
    a. ``Technology'' according to the General Technology Note for
the ``development,'' ``production'' or ``use'' of equipment
controlled by 5A002, 5A003, 5A004 or 5B002, or of ``software''
controlled by 5D002.a or 5D002.c.

    Note:  5E002.a does not apply to ``technology'' for items
specified by 5A004.b, 5D002.a.3.b or 5D002.c.3.b.

    b. ``Technology'' having the characteristics of a `cryptographic
activation token' specified by 5A002.b.

    Note:  5E002 includes ``information security'' technical data
resulting from procedures carried out to evaluate or determine the
implementation of functions, features or techniques specified in
Category 5-Part 2.

* * * * *

Category 9--Aerospace and Propulsion

A. ``End Items'', ``Equipment'', ``Accessories'', ``Attachments'',
``Parts'', ``Components'' and ``Systems''

* * * * *
9A004 Space launch vehicles and ``spacecraft,'' ``spacecraft
buses'', ``spacecraft payloads'', ``spacecraft'' on-board systems or
equipment, terrestrial equipment, and air-launch platforms, as
follows (see List of Items Controlled).

License Requirements

Reason for Control: NS and AT

                                         Country chart  (See supp. no. 1
               Control(s)                          to part 738)

NS applies to 9A004.g, .u, .v, .w and    NS Column 1.
 .x.
AT applies to 9A004.g, .u, .v, .w, .x    AT Column 1.
 and .y.

    License Requirements Note:  9A004.b through .f, and .h are
controlled under ECCN 9A515.

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: (1) See also 9A104, 9A515, and 9B515. (2) See
ECCNs 9E001 (``development'') and 9E002 (``production'') for
technology for items controlled by this entry. (3) See USML
Categories IV for the space launch vehicles and XV for other
spacecraft that are ``subject to the ITAR'' (see 22 CFR parts 120
through 130).
Related Definition: N/A
Items:

    a. Space launch vehicles;
    b. ``Spacecraft'';
    c. ``Spacecraft buses'';
    d. ``Spacecraft payloads'' incorporating items specified by
3A001.b.1.a.4, 3A002.g, 5A001.a.1, 5A001.b.3, 5A002.c, 5A002.e,
6A002.a.1, 6A002.a.2, 6A002.b, 6A002.d, 6A003.b, 6A004.c, 6A004.e,
6A008.d, 6A008.e, 6A008.k, 6A008.l or 9A010.c;
    e. On-board systems or equipment, specially designed for
``spacecraft'' and having any of the following functions:
    e.1. `Command and telemetry data handling';

    Note:  For the purpose of 9A004.e.1, `command and telemetry data
handling' includes bus data management, storage, and processing.

    e.2. `Payload data handling'; or

    Note:  For the purpose of 9A004.e.2, `payload data handling'
includes payload data management, storage, and processing.

    e.3. `Attitude and orbit control';

    Note:  For the purpose of 9A004.e.3, `attitude and orbit
control' includes sensing and actuation to determine and control the
position and orientation of a ``spacecraft''.

    N.B.:  Equipment specially designed for military use is
``subject to the ITAR''. See 22 CFR parts 120 through 130.

    f. Terrestrial equipment specially designed for ``spacecraft'',
as follows:
    f.1. Telemetry and telecommand equipment ``specially designed''
for any of the following data processing functions:
    f.1.a. Telemetry data processing of frame synchronization and
error corrections, for monitoring of operational status (also known
as health and safe status) of the ``spacecraft bus''; or
    f.1.b. Command data processing for formatting command data being
sent to the ``spacecraft'' to control the ``spacecraft bus'';
    f.2. Simulators ``specially designed'' for `verification of
operational procedures' of ``spacecraft''.

    Technical Note:  For the purposes of 9A004.f.2, `verification of
operational procedures' is any of the following:

    1. Command sequence confirmation;
    2. Operational training;
    3. Operational rehearsals; or
    4. Operational analysis.
    g. ``Aircraft'' ``specially designed'' or modified to be air-
launch platforms for space launch vehicles;
    h. ``Sub-orbital craft''.
    i. through t. [RESERVED]
    u. The James Webb Space Telescope (JWST) being developed,
launched, and operated under the supervision of the U.S. National
Aeronautics and Space Administration (NASA).
    v. ``Parts,'' ``components,'' ``accessories'' and
``attachments'' that are ``specially designed'' for the James Webb
Space Telescope and that are not:
    v.1. Enumerated or controlled in the USML;
    v.2. Microelectronic circuits;
    v.3. Described in ECCN 7A004 or 7A104; or
    v.4. Described in an ECCN containing ``space-qualified'' as a
control criterion (See ECCN 9A515.x.4).
    w. The International Space Station being developed, launched,
and operated under the supervision of the U.S. National Aeronautics
and Space Administration.
    x. ``Parts,'' ``components,'' ``accessories'' and
``attachments'' that are ``specially designed'' for the
International Space Station.
    y. Items that would otherwise be within the scope of ECCN
9A004.v or .x but that have been identified in an interagency-
cleared commodity classification (CCATS) pursuant to Sec.  748.3(e)
as warranting control in 9A004.y.
* * * * *
9A012 Non-military ``Unmanned Aerial Vehicles,'' (``UAVs''),
unmanned ``airships'', related equipment and ``components'', as
follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, MT, AT

                                         Country chart  (See supp. no. 1
               Control(s)                          to part 738)

NS applies to entire entry.............  NS Column 1.
MT applies to non-military Unmanned      MT Column 1.
 Aerial Vehicles (UAVs) and Remotely
 Piloted Vehicles (RPVs) that are
 capable of a maximum range of at least
 300 kilometers (km), regardless of
 payload, and UAVs that meet the
 requirements of 9A120.
AT applies to entire entry.............  AT Column 1.

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: (1) See the U.S. Munitions List Category VIII (22
CFR part 121). (2) Also see ECCN 9A610 and Sec.  744.3 of the EAR.
(3) For ``UAVs'' that are ``sub-orbital craft,'' see ECCNs 9A004.h
and 9A515.a.
Related Definitions: N/A
Items:

    a. ``UAVs'' or unmanned ``airships'', designed to have
controlled flight out of the direct `natural vision' of the
`operator' and having any of the following:
    a.1. Having all of the following:
    a.1.a. A maximum `endurance' greater than or equal to 30 minutes
but less than 1 hour; and
    a.1.b. Designed to take-off and have stable controlled flight in
wind gusts equal to or exceeding 46.3 km/h (25 knots); or
    a.2. A maximum `endurance' of 1 hour or greater;
    Technical Notes:

    1. For the purposes of 9A012.a, `operator' is a person who
initiates or commands the ``UAV'' or unmanned ``airship'' flight.
    2. For the purposes of 9A012.a, `endurance' is to be calculated
for ISA conditions (ISO 2533:1975) at sea level in zero wind.
    3. For the purposes of 9A012.a, `natural vision' means unaided
human sight, with or without corrective lenses.
    b. Related equipment and ``components'', as follows:
    b.1 [Reserved]
    b.2. [Reserved]
    b.3. Equipment or ``components'' ``specially designed'' to
convert a manned ``aircraft'' or a manned ``airship'' to a ``UAV''
or unmanned ``airship'', controlled by 9A012.a;
    b.4. Air breathing reciprocating or rotary internal combustion
type engines, ``specially designed'' or modified to propel ``UAVs''
or unmanned ``airships'', at altitudes above 15,240 meters (50,000
feet).
* * * * *
9A515 ``Spacecraft'' and related commodities, as follows (see List
of Items Controlled).

License Requirements

Reason for Control: NS, RS, MT, AT

                                         Country chart  (See supp. no. 1
               Control(s)                          to part 738)

NS applies to entire entry, except .e    NS Column 1.
 and .y.
RS applies to entire entry, except .e    RS Column 1.
 and .y.
RS applies to 9A515.e..................  RS Column 2.
RS applies to 9A515.y, except to Russia  China, Russia or Venezuela (see
 for use in, with, or for the             Sec.   742.6(a)(7)).
 International Space Station (ISS),
 including launch to the ISS.
MT applies to microcircuits in 9A515.d   MT Column 1.
 and 9A515.e.2 when ``usable in''
 ``missiles'' for protecting
 ``missiles'' against nuclear effects
 (e.g., Electromagnetic Pulse (EMP), X-
 rays, combined blast and thermal
 effects). MT also applies to 9A515.h
 when the total impulse capacity is
 equal to or greater than 8.41x10[and]5
 newton seconds.
AT applies to entire entry.............  AT Column 1.

    License Requirement Note:  The Commerce Country Chart is not
used for determining license requirements for commodities classified
in ECCN 9A515.a.1, .a.2., .a.3., .a.4, and .g. See Sec.
742.6(a)(9), which specifies that such commodities are subject to a
worldwide license requirement.

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

LVS: $1,500
GBS: N/A

Special Conditions for STA

STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for ``spacecraft'' in ECCNs
9A515.a.1, .a.2, .a.3, or .a.4, ``sub-orbital craft,'' or items in
9A515.g, unless determined by BIS to be eligible for License
Exception STA in accordance with Sec.  740.20(g) (License Exception
STA eligibility requests for certain 9x515 and ``600 series''
items). (2) License Exception STA may not be used if the
``spacecraft'' controlled in ECCN 9A515.a.1, .a.2, .a.3, or .a.4
contains a separable or removable propulsion system enumerated in
USML Category IV(d)(2) or USML Category XV(e)(12) and designated MT.
(3) Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) of
the EAR) may not be used for any item in 9A515.

List of Items Controlled

Related Controls: Spacecraft, launch vehicles and related articles
that are enumerated in the USML, and technical data (including
``software'') directly related thereto, and all services (including
training) directly related to the integration of any satellite or
spacecraft to a launch vehicle, including both planning and onsite
support, or furnishing any assistance (including training) in the
launch failure analysis or investigation for items in ECCN 9A515.a,
are ``subject to the ITAR.'' All other ``spacecraft,'' as enumerated
below and defined in Sec.  772.1, are subject to the controls of
this ECCN. See also ECCNs 3A001, 3A002, 3A991, 3A992, 6A002, 6A004,
6A008, and 6A998 for specific ``space-qualified'' items, 7A004 and
7A104 for star trackers, and 9A004 for the International Space
Station (ISS), the James Webb Space Telescope (JWST), and
``specially designed'' ``parts'' and ``components'' therefor. See
USML Category XI(c) for controls on ``Monolithic Microwave
Integrated Circuit'' (``MMIC'') amplifiers that are ``specially
designed'' for defense articles. See ECCN 9A610.g for pressure suits
used for high altitude aircraft.
Related Definitions: `Microcircuit' means a device in which a number
of passive or active elements are considered as indivisibly
associated on or within a continuous structure to perform the
function of a circuit.

Items:
    ``Spacecraft'' and other items described in ECCN 9A515 remain
subject to the EAR even if exported, reexported, or transferred (in-
country) with defense articles ``subject to the ITAR'' integrated
into and included therein as integral parts of the item. In all
other cases, such defense articles are subject to the ITAR. For
example, a 9A515.a ``spacecraft'' remains ``subject to the EAR''
even when it is exported, reexported, or transferred (in-country)
with a ``hosted payload'' described in USML Category XV(e)(17)
incorporated therein. In all other cases, a ``hosted payload''
performing a function described in USML Category XV(a) always
remains a USML item. The removal of the defense article subject to
the ITAR from the spacecraft is a retransfer under the ITAR and
would require an ITAR authorization, regardless of the CCL
authorization the spacecraft is exported under. Additionally,
transfer of technical data regarding the defense article subject to
the ITAR integrated into the spacecraft would require an ITAR
authorization.
    a. ``Spacecraft,'' including satellites, and space vehicles and
``sub-orbital craft,'' whether designated developmental,
experimental, research or scientific, not enumerated in USML
Category XV or described in ECCN 9A004.u or .w, that:
    a.1. Have electro-optical remote sensing capabilities and having
a clear aperture greater than 0.35 meters, but less than or equal to
0.50 meters;
    a.2. Have remote sensing capabilities beyond NIR (i.e., SWIR,
MWIR, or LWIR);
    a.3. Have radar remote sensing capabilities (e.g., AESA, SAR, or
ISAR) having a center frequency equal to or greater than 1.0 GHz,
but less than 10.0 GHz and having a bandwidth equal to or greater
than 100 MHz, but less than 300 MHz;
    a.4. Provide space-based logistics, assembly, or servicing of
another ``spacecraft''; or
    a.5. Are not described in ECCN 9A515.a.1, .a.2, .a.3 or .a.4.

    Note:  ECCN 9A515.a includes commercial communications
satellites, remote sensing satellites, planetary rovers, planetary
and interplanetary probes, in-space habitats, and ``sub-orbital
craft,'' not identified in ECCN 9A004 or USML Category XV(a).

    b. Ground control systems and training simulators ``specially
designed'' for telemetry, tracking, and control of the
``spacecraft'' controlled in paragraphs 9A004.u or 9A515.a.
    c. [Reserved]
    d. Microelectronic circuits (e.g., integrated circuits,
microcircuits, or MOSFETs) and discrete electronic components rated,
certified, or otherwise specified or described as meeting or
exceeding all the following characteristics and that are ``specially
designed'' for defense articles, ``600 series'' items, or items
controlled by ECCNs 9A004.v or 9A515:
    d.1. A total dose of 5 x 10\5\ Rads (Si) (5 x 10\3\ Gy (Si));
    d.2. A dose rate upset threshold of 5 x 10\8\ Rads (Si)/sec (5 x
10\6\ Gy (Si)/sec);
    d.3. A neutron dose of 1 x 10\14\ n/cm\2\ (1 MeV equivalent);

    d.4. An uncorrected single event upset sensitivity of 1 x
10-10 errors/bit/day or less, for the CR[Egrave]ME-MC
geosynchronous orbit, Solar Minimum Environment for heavy ion flux;
and
    d.5. An uncorrected single event upset sensitivity of 1 x
10-3 errors/part or less for a fluence of 1 X 10\7\
protons/cm\2\ for proton energy greater than 50 MeV.
    e. Microelectronic circuits (e.g., integrated circuits,
microcircuits, or MOSFETs) and discrete electronic components that
are rated, certified, or otherwise specified or described as meeting
or exceeding the characteristics in either paragraph e.1 or e.2, AND
``specially designed'' for defense articles controlled by USML
Category XV or items controlled by ECCNs 9A004.u or 9A515:
    e.1. A total dose >=1 X 10\5\ Rads (Si) (1 x 10\3\ Gy(Si)) and
<5 X 10\5\ Rads (Si) (5 x 10\3\ Gy(Si)); and a single event effect
(SEE) (i.e., single event latchup (SEL), single event burnout (SEB),
or single event gate rupture (SEGR)) immunity to a linear energy
transfer (LET) >=80 MeV-cm2/mg; or
    e.2. A total dose >=5 x 10\5\ Rads (Si) (5 x 10\3\ Gy (Si)) and
not described in 9A515.d.

    Note 1 to 9A515.d and .e:  Application specific integrated
circuits (ASICs), integrated circuits developed and produced for a
specific application or function, specifically designed or modified
for defense articles and not in normal commercial use are controlled
by Category XI(c) of the USML regardless of characteristics.

    Note 2 to 9A515.d and .e:  See 3A001.a for controls on
radiation-hardened microelectronic circuits ``subject to the EAR''
that are not controlled by 9A515.d or 9A515.e.

    f. Pressure suits (i.e., space suits) capable of operating at
altitudes 55,000 feet above sea level.
    g. Remote sensing components ``specially designed'' for
``spacecraft'' described in ECCNs 9A515.a.1 through 9A515.a.4 as
follows:
    g.1. Space-qualified optics (i.e., lens, mirror, membrane having
active properties (e.g., adaptive, deformable)) with the largest
lateral clear aperture dimension equal to or less than 0.35 meters;
or with the largest clear aperture dimension greater than 0.35
meters but less than or equal to 0.50 meters;
    g.2. Optical bench assemblies ``specially designed'' for ECCN
9A515.a.1, 9A515.a.2, 9A515.a.3, or 9A515.a.4 ``spacecraft;'' or
    g.3. Primary, secondary, or hosted payloads that perform a
function of ECCN 9A515.a.1, 9A515.a.2, 9A515.a.3, or 9A515.a.4
``spacecraft.''
    h. Spacecraft thrusters using bi-propellants or mono-propellants
that provide thrust equal to or less than 150 lbf (i.e., 667.23 N)
vacuum thrust.
    i. through w. [RESERVED]
    x. ``Parts,'' ``components,'' ``accessories'' and
``attachments'' that are ``specially designed'' for defense articles
controlled by USML Category XV or items controlled by 9A515, and
that are NOT:
    x.1. Enumerated or controlled in the USML or elsewhere within
ECCNs 9A515 or 9A004;
    x.2. Microelectronic circuits and discrete electronic
components;
    x.3. Described in ECCNs 7A004 or 7A104;
    x.4. Described in an ECCN containing ``space-qualified'' as a
control criterion (i.e., 3A001.b.1, 3A001.e.4, 3A002.g.1, 3A991.o,
3A992.b.3, 6A002.a.1, 6A002.b.2, 6A002.d.1, 6A004.c and .d,
6A008.j.1, 6A998.b, or 7A003.d.2);
    x.5. Microwave solid state amplifiers and microwave assemblies
(refer to ECCN 3A001.b.4 for controls on these items);
    x.6. Travelling wave tube amplifiers (refer to ECCN 3A001.b.8
for controls on these items); or
    x.7. Elsewhere specified in ECCN 9A515.y.

    Note to 9A515.x:  ``Parts,'' ``components,'' ``accessories,''
and ``attachments'' specified in USML subcategory XV(e) or
enumerated in other USML categories are subject to the controls of
that paragraph or category.

    y. Items that would otherwise be within the scope of ECCN
9A515.x but that have been identified in an interagency-cleared
commodity classification (CCATS) pursuant to Sec.  748.3(e) as
warranting control in 9A515.y.
    y.1. Discrete electronic components not specified in 9A515.e;
    y.2. Space grade or for spacecraft applications thermistors;
    y.3. Space grade or for spacecraft applications RF microwave
bandpass ceramic filters (Dielectric Resonator Bandpass Filters);
    y.4. Space grade or for spacecraft applications hall effect
sensors;
    y.5. Space grade or for spacecraft applications subminiature
(SMA and SMP) plugs and connectors, TNC plugs and cable and
connector assemblies with SMA plugs and connectors; and
    y.6. Space grade or for spacecraft applications flight cable
assemblies.

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2020-18334 Filed 10-2-20; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register: September 17, 2010 (Volume 75, Number 180)]
[Notices]
[Page 57012-57013]
[DOCID:fr17se10-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. CP10-492-000; PF10-6-000]

Columbia Gas Transmission, LLC; Notice of Application

September 9, 2010.
    Take notice that on August 26, 2010, Columbia Gas Transmission, LLC
(Columbia), 1700 MacCorkle Avenue, SE., Charleston, West Virginia
25314, filed an application in Docket No. CP10-492-000 pursuant to
sections 7(b) and 7(c) of the Natural Gas Act and Part 157 of the
Commission's Regulations, for a certificate of public convenience and
necessity to replace, operate, abandon and maintain its existing
natural gas pipeline system in Pike County, Pennsylvania, and Orange
County, New York as a result of the age and condition of the existing
pipeline (the Projects), as more fully detailed in the application.
Specifically, Columbia proposes to (1) abandon and remove the 14-inch-
diameter Line 1278 and Line K pipelines, and replace it with
approximately 16.08 miles of 20-inch-diameter pipeline and 0.44 mile of
two 10-inch-diameter parallel pipelines; (2) abandon in place the
existing 0.06 miles of 4-inch-diameter Line U pipeline and replace it
with 0.08 miles of relocated 4-inch-diameter pipeline; (3) abandon and
remove the Sparrowbush Compressor Station; (4) abandon in place 0.08
mile of 8-inch-diameter Line 1842; and (5) perform minor valve, piping,
and regulator modifications to the Milford Compressor Station. In all,
Columbia proposes to abandon by replacement approximately 16.39 miles
of natural gas pipeline for the Projects. The proposed project would
enable Columbia to restore the historical design operating pressures
and enhance the reliability and flexibility of its system, all as more
fully set forth in the application. The application is on file with the
Commission and open to public inspection. This filing is available for
review at the Commission in the Public Reference Room or may be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.
    Any questions regarding this application should be directed to
Fredric J. George, Lead Counsel, Columbia Gas Transmission, LLC, P.O.
Box 1273, Charleston, West Virginia 25325-1273; telephone<PHONE_NUMBER>,
fax<PHONE_NUMBER>.
    Columbia states that by letter dated February 3, 2010, in Docket
No. PF10-6-000, the Commission's Office of Energy Projects granted
Columbia's January 26, 2010, request to utilize the National
Environmental Policy Act (NEPA) Pre-Filing Process for the Projects.
Columbia has also submitted an applicant-prepared Draft Environmental
Assessment that was prepared during the Pre-Filing Process that was
included with this application. Now, as of the filing of this
application on August 26, 2010, the NEPA Pre-Filing Process for this
project has ended. From this time forward, this proceeding will be
conducted in Docket No. CP10-492-000, as noted in the caption of this
notice.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all Federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 14 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the

Secretary of the Commission. Environmental commentors will be placed on
the Commission's environmental mailing list, will receive copies of the
environmental documents, and will be notified of meetings associated
with the Commission's environmental review process. Environmental
commentors will not be required to serve copies of filed documents on
all other parties. However, the non-party commentors will not receive
copies of all documents filed by other parties or issued by the
Commission (except for the mailing of environmental documents issued by
the Commission) and will not have the right to seek court review of the
Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFiling'' link
at http://www.ferc.gov. Persons unable to file electronically should
submit an original and 14 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: September 30, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-23226 Filed 9-16-10; 8:45 am]
BILLING CODE 6717-01-P