[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Rules and Regulations]
[Page 65999-66027]
[DOCID:fr11de09-12]

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Part III

Department of Commerce

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Bureau of Industry and Security

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15 CFR Parts 740, 742, 743, et al.

Wassenaar Arrangement 2008 Plenary Agreements Implementation:
Categories 1, 2, 3, 4, 5 Parts I and II, 6, 7, 8 and 9 of the Commerce
Control List, Definitions, Reports; Final Rule

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

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

[Docket No.<PHONE_NUMBER>-91220-01]
RIN 0694 AE58

Wassenaar Arrangement 2008 Plenary Agreements Implementation:
Categories 1, 2, 3, 4, 5 Parts I and II, 6, 7, 8 and 9 of the Commerce
Control List, Definitions, Reports

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) maintains the
Commerce Control List (CCL), which identifies items subject to
Department of Commerce export controls. This final rule revises the
Export Administration Regulations (EAR) to implement changes made to
the Wassenaar Arrangement's List of Dual Use Goods and Technologies
(Wassenaar List) maintained and agreed to by governments participating
in the Wassenaar Arrangement on Export Controls for Conventional Arms
and Dual Use Goods and Technologies (Wassenaar Arrangement, or WA). The
Wassenaar Arrangement advocates implementation of effective export
controls on strategic items with the objective of improving regional
and international security and stability. To harmonize with the changes
to the Wassenaar List, this rule revises the EAR by amending certain
entries that are controlled for national security reasons in Categories
1, 2, 3, 4, 5 Part I (telecommunications), 5 Part II (information
security), 6, 7, 8, and 9; adding new entries to the CCL, revising
reporting requirements and adding and amending EAR Definitions.
    The purpose of this final rule is to revise the CCL and definitions
of terms used in the EAR to implement Wassenaar List revisions that
were agreed upon in the December 2008 Wassenaar Arrangement Plenary
Meeting.
    This rule also adds or expands unilateral U.S. export controls and
national security export controls on certain items to make them
consistent with the amendments made to implement the Wassenaar
Arrangement's decisions.
    The Wassenaar Agreements that pertain to ECCNs 6A002, 6A003, and
all related ECCNs will be implemented in a separate rule, because of
the sensitivity of the items and complexity of procedures and controls
for these items.

DATES: Effective Date: This rule is effective December 11, 2009.

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

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

ADDRESSES: Comments regarding the collections of information associated
with this rule, including suggestions for reducing the burden, should
be sent to OMB Desk Officer, New Executive Office Building, Washington,
DC 20503 Attention: Jasmeet Seehra, OMB Desk Officer, by e-mail at
<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>; and to the Office of
Administration, Bureau of Industry and Security, Department of
Commerce, 14th and Pennsylvania Avenue, NW., Room 6622, Washington, DC
20230.

SUPPLEMENTARY INFORMATION:

Background

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

Expanded or New Export Controls

    A detailed description may be found below of all revisions to
Export Control Classification Numbers (ECCNs) that have expanded or new
export controls.
    This rule imposes new or expands National Security (NS) Column 1
controls. This rule imposes a license requirement pursuant to section
742.4(a) of the EAR for exports and reexports to all destinations,
except Canada, of certain commodities (and related software and
technology) described in ECCN 5A002.a.7. This rule also imposes such a
license requirement for certain software and technology controlled
under ECCNs 5E001.c.6, .d, and .e, and 6D003.c. These destinations have
an ``X'' in NS column 1 of the Commerce Country Chart of Supplement No.
1 to Part 738. The purpose of the controls is to ensure that these
items do not make a contribution to the military potential of any other
country or combination of countries that would prove detrimental to the
national security of the United States. For designated terrorism
supporting countries or embargoed countries, the applicable licensing
policies are found in Parts 742 and 746 of the EAR, and in Supplement
No. 1 to Part 736 of the EAR for Syria.
    This rule imposes new or expands NS Column 2 controls. This rule
imposes a license requirement under section 742.4(a) of the EAR for
exports and reexports of commodities (and related software and
technology) described in ECCNs 1A004.d, 1A008, 3A001.b.10 and .h,
5A001.h, 6A001.c, and 6A008.j.3 to destinations other than Country
Group A:1, cooperating countries (see Supplement No. 1 to Part 740 of
the EAR), Bulgaria, Czech Republic, Estonia, Hungary, Iceland, Latvia,
Lithuania, Poland, Romania, Slovakia and Slovenia. This NS column 2
license requirement applies to destinations that have an ``X''
indicated in NS column 2 on the Commerce Country Chart of Supplement
No. 1 to Part 738 of the EAR. The purpose of the control is to ensure
that these items do not make a contribution to the military potential
of countries in Country Group D:1 that would prove detrimental to the
national security of the United States. For designated terrorism
supporting countries or embargoed countries, the applicable licensing
policies are found in Parts 742 and 746 of the EAR, and Supplement No.
1 to Part 736 of the EAR for Syria.
    The licensing policy for national security controlled items
exported or

reexported to any country except a country in Country Group D:1 (see
Supplement No. 1 to Part 740 of the EAR) is to approve license
applications unless there is a significant risk that the items will be
diverted to a country in Country Group D:1. The general policy for
exports and reexports of items to Country Group D:1 is to approve
license applications when BIS determines, on a case by case basis, that
the items are for civilian use or would otherwise not make a
significant contribution to the military potential of the country of
destination that would prove detrimental to the national security of
the United States.
    This rule imposes new or expands anti-terrorism (AT) controls. This
rule imposes a unilateral U.S. license requirement to export and
reexport commodities (and related software and technology) controlled
under ECCNs 1A004.d, 1A008, 3A001.b.10 and .h, 5A001.h, 5A002.a.7,
6A001.c, and 6A008.j.3 for AT reasons to Cuba, Iran, North Korea, Sudan
and Syria, in addition to the national security controls imposed to
implement the Wassenaar Arrangement's decisions.
    This rule also imposes such a license requirement for certain
software and technology controlled under ECCNs 5E001.c.6, .d, and .e,
and 6D003.c. These unilateral export controls are necessary because
under Section 6(j) of the Export Administration Act of 1979 a license
is required for items that could make a significant contribution to the
military potential of such country or that could enhance the ability of
such country to support acts of international terrorism. There is a
general policy of denial for applications to export or reexport to
terrorism supporting countries, as set forth in Part 742 of the EAR. In
addition, certain of these countries are also subject to embargoes, as
set forth in Part 746 of the EAR and Supplement No. 1 to Part 736 of
the EAR for Syria. A license is also required for the export and
reexport of these items to specially designated terrorists and foreign
terrorist organizations, as set forth in Part 744 of the EAR; license
applications to these parties are reviewed under a general policy of
denial.
    All expanded foreign policy controls will be reflected in the
Annual Foreign Policy report BIS sends to Congress.

Task Force on Editorial Issues (TFEI)

    The Wassenaar Arrangement Task Force on Editorial Issues (TFEI)
made revisions, editorial in nature, to clarify or correct control text
or remove extraneous text. The TFEI revisions (over 2,000) were agreed
upon by the WA in December 2007. This rule implements only those TFEI
revisions that coincide with the revisions to ECCNs affected by the
2008 WA agreements and the 2007 WA agreements to Category 6. Other TFEI
revisions will be implemented in a separate rule.

Revisions to the Commerce Control List

    This rule revises a number of entries on the Commerce Control List
(CCL) to implement the December 2008 agreed revisions to the Wassenaar
List of Dual Use Goods and Technologies. This rule also revises
language to provide a complete or more accurate description of controls
in certain ECCNs. A description of the specific amendments to the CCL
pursuant to the December 2008 Wassenaar Agreement is provided below.
There is one newly added ECCN--1A008, as described below. As described
below, the amendments apply to ECCNs 1A001, 1A002, 1A003, 1A004, 1A007,
1A008, 1B001, 1B003, 1C008 1C010, 1D003, 1E001, 1E002, 2A983, 3A001,
3A002, 3B001, 4D001, 4D003, 4E001, 5A001, 5B001, 5D001, 5E001, 5A002,
5B002, 5D002, 5E002, 6A001, 6A004, 6A005, 6A006, 6A008, 6A996, 6D003,
6E993, 7A003, 8A001, 8A002, and 9A012.

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

    This rule revises the name of the Category 1 from ``Materials,
Chemicals, ``Microorganisms,'' and Toxins'' to read ``Special Materials
and Related Equipment, Chemicals, ``Microorganisms,'' and Toxins'' to
more clearly describe the scope of items within this category as it has
evolved over recent years (e.g., addition of explosive related items).
    ECCN 1A001 is amended by:
    a. Adding two commas to 1A001.a and 1A001.b, as part of the TFEI
revisions to clarify the meaning of these paragraphs; and
    b. Modifying the format of paragraph 1A001.c to clarify that the
items must contain both criteria. This change was made as part of the
TFEI changes.
    ECCN 1A002 is amended as follows:
    a. Removing the redundant Note after 1A002.a, which also appeared
after 1A002.b.2 to harmonize with the Wassenaar Arrangement's List;
    b. Replacing the word ``with'' with the phrase ``having all of the
following'' to clarify the meaning of 1A002.b.1. This change was made
as part of the TFEI changes;
    c. Moving or adding three Notes after 1A002.b.2 to clarify that all
three apply to the entire entry for ECCN 1A002. The modifications are:
Moving the existing Note concerning the repair of ``civil aircraft'' so
that it appears as Note 1; moving the existing Note about civilian
applications to Note 2; and adding Note 3 to release certain finished
or semi-finished items from 1A002 control because these items do not
have a direct influence on development, production or use on military
relevant equipment; and
    d. Removing Technical Notes 1 and 2 that provided definitions for
`specific modulus' and `specific tensile strength' because these terms
are global definitions used in multiple ECCNs and are found in Part 772
of the EAR.
    ECCN 1A003 is amended by:
    a. Revising the Heading to correct the spelling of ``polyimides''
and to clarify that non-fusible aromatic polyimide products in film,
sheet, tape or ribbon form with certain characteristics are
appropriately controlled in ECCN 1A003, because a clarification Note
was approved by Wassenaar in 2006 that identified the forms of non-
fluorinated polymeric substances controlled by 1C008.a to include
liquid or solids in the form of resin, powder, pellet, film, sheet,
tape, or ribbon. It was not the intent, however, to override the
existing Note in 1C008.a for non-fusible forms.
    a.1. Deleting the word ``characteristics'' from the Heading as part
of the TFEI revisions.
    b. Revising the Related Controls to add a reference to 1C008.a.3
for ``fusible'' aromatic polyimides in any form; and
    c. Replacing ``With a'' with ``A'' as a TFEI format change.
    ECCN 1A004 is amended, as follows:
    a. Adding two commas to the Heading to clarify the meaning of the
text, as part of the TFEI revisions.
    b. Revising the License Requirement section to add RS Column 2
controls for 1A004.d to keep the same controls that were in ECCN
2A983.b, which are necessary because of the military utility of these
commodities.
    b.1. Adding single quotation marks around the term `adapted for use
in war' in related definitions and in 1A004.a, .b and .c and the term
`riot control agents' in the related definitions section and in
1A004.a.4.
    b.2. Adding a greek alpha symbol in front of
``Bromobenzeneacetonitrile'' in 1A004.a.4.a and adding a greek omega
symbol in front of ``chloroacetophenone'' in 1A004.a.4.c to conform to
Wassenaar text.
    c. Adding a new paragraph 1A004.d to control electronic equipment
designed for automatically detecting or identifying the presence of
``explosives'' (as listed in the annex at the end of

Category 1) residues and utilizing `trace detection' techniques (e.g.,
surface acoustic wave, ion mobility spectrometry, differential mobility
spectrometry, mass spectrometry). These new controls are added for this
equipment to prevent potential terrorists from discovering how to
defeat the devices and ensure they are used by properly vetted
organizations.
    d. Adding a new Technical Note to define `trace detection'.
    e. Adding two new Notes to indicate that 1A004.d does not control
equipment specially designed for laboratory use or non-contact walk-
through security portals.
    f. Revising paragraph b of the existing decontrol Note to clarify
that 1A004 does not control equipment limited by design or function to
protect against hazards specific to residential safety.
    ECCN 1A007 is amended by:
    a. Removing the License Requirement Note in order to conform to the
Wassenaar List; and
    b. Removing the last sentence in Technical Note 2, because it is
redundant to text already included in the Technical Note.
    ECCN 1A008 is added to control (explosive) charges, devices and
components for national security reasons. The addition is necessary to
make these items controlled by all participating states of WA, because
of their utility in conventional weapons. The United States and others
have unilaterally controlled these items for several years and there is
agreement by the WA to broaden control of terrorist related items, such
as these. Most of these items were controlled under ECCN 1C018, as well
as under the International Traffic in Arms Regulations (ITAR) by the
Directorate of Defense Trade Control (DDTC) of the Department of State.
Now these items will be controlled for NS:2, AT:1, and UN (Iraq, North
Korea and Rwanda) reasons under ECCN 1A008. Because of the creation of
this new ECCN 1A008, this rule makes corresponding changes to ECCN
1C018 (deletion of 1C018.a, .b, and .i). A reference to ECCNs 1C018 and
1C992 is included in the Related Control paragraph of ECCN 1A008, and a
reference to 1A008 is added to the Related Controls paragraph of 1C018.
In addition, Related Control notes concerning State Department
jurisdiction that were in 1C018 are also added to 1A008 when
appropriate.
    ECCN 1B001 is amended by revising the phrase ``and/or'' to read
``or'' in paragraph f.2 of the List of Items Controlled section, to
clarify the meaning of the text, as part of the TFEI revisions.
    ECCN 1B003 is amended by:
    a. Revising the Heading by replacing an ``or'' with a comma, and
adding the phrase ``any of the following'' to clarify the text as part
of the TFEI revisions; and
    b. Revising paragraph 1B003.c to be more specific about which
structures (1B003.a) and engines (1B003.b) the specially designed
components are controlled for, as part of the TFEI revisions.
    ECCN 1C008 is amended by:
    a. Removing a comma in the Heading to clarify the text as part of
the TFEI revisions;
    b. Revising Note 1 by revising the phrase ``solid form'' to read
``solid fusible form'' to make it clear that the intent was not to
specify non-fusible forms;
    c. Replacing Note 2 with a Nota Bene to reference ECCN 1A003 for
controls for non-``fusible'' aromatic polyimides in film, sheet, tape,
or ribbon form;
    d. Removing the redundant word ``acids'' from 1C008.b.2 as part of
the TFEI revisions, because acid appears as a descriptor in each of the
subparagraphs; and
    e. Adding single quotes around the term `glass transition
temperature (Tg)' in 1C008.f, and in the Technical Note that follows,
because this term is defined in the Technical Note that follows this
paragraph.
    ECCN 1C010 is amended by:
    a. Adding a comma in the Heading to clarify the text as part of the
TFEI revisions;
    b. Adding double quotes around the terms ``specific modulus'' and
``specific tensile strength'' in paragraphs 1C010.a.1, a.2, b.1, b.2,
c.1, and Note 1 after c.2, because these terms are defined in Part 772
of the EAR;
    c. Adding a reference to ``ISO 10618 (2004) 10.2.1 Method A'' in
the Technical Note following paragraph 1C010.b.2 and removing a
reference to an example of a national equivalent tow test ``such as
Japanese Industrial Standard JIS-R-7601, Paragraph 6.6.2'' to clarify
how better to determine the properties for materials described in
1C010.b;
    d. Replacing the word ``percent'' with the percent symbol in the
Note to 1C010.c;
    e. Re-indexing the sub-entries in the Note to 1C010.c to conform to
the WA text;
    f. Adding a comma and the phrase ``having any of the following'' in
1C010.d;
    g. Adding a comma after ``as follows'' and adding the phrase
``having all of the following'' in 1C010.e;
    h. Removing the word ``With'' in 1C010.e.2.a and e.2.b, because it
was superfluous; and
    i. Adding single quotes around the term `glass transition
temperature (Tg)' in 1C010.e and Notes in multiple locations to
indicate that this term is defined within this ECCN entry.
    ECCN 1C018 is amended by:
    a. Adding a Related Control Note 8 to reference ECCN 1A008
for shaped charges, detonating cord, and cutters and severing tools, so
the public will know to where these items were moved;
    b. Adding a Related Control Note 9 to read ``See ECCN
1E001 for the ``development'' or ``production'' ``technology'' for the
commodities controlled by ECCN 1C018, but not explosives or energetic
materials that are under the jurisdiction of U.S. Department of State,
Directorate of Defense Trade Controls.''
    c. Removing and reserving paragraphs 1C018.a and .i, because these
items are now controlled under the newly created ECCN 1A008, as well as
adding a reference to ECCN 1A008 in the Related Controls paragraph of
the List of Items Controlled section;
    d. Revising paragraph 1C018.b to remove the words ``Detonating cord
or'', because this item was moved to ECCN1A008.
    ECCN 1D003 is amended by adding a reference to the Heading for the
newly added paragraph 1A004.d, to add controls over software specially
designed or modified to enable electronic equipment designed for
automatically detecting or identifying the presence of ``explosives''.
RS controls are also being added to this software, because of the
utility in conventional weapons.
    ECCN 1E001 is amended by:
    a. Revising the reference to 1A006 to read 1A006.b in the Heading
and in the NS Column 1 control paragraph, to focus the technology
control to the development or production of `disruptors';
    b. Adding 1A008 to the Heading and to the NS Column 1 control
paragraph, because 1E001 applies to all 1A ECCNs controlled for NS
reasons;
    c. Removing 1C992 from the list of ECCNs not controlled by 1E001,
because the technology used to develop and produce 1C018 is the same as
that used to develop and produce 1C992 commodities;
    d. Adding ``RS'' to the Reasons for Control paragraph; and
    e. Adding RS Column 2 controls for technology for the development,
production, or use of 1A004.d to maintain RS controls formerly imposed
under ECCN 2E983;

    f. Adding 1A008 to the NS:1 controls;
    ECCN 1E002 is amended by:
    a. Removing a comma in the Heading to correct the punctuation, as a
TFEI revision;
    b. Removing the word ``characteristics'' from 1E002.c.1 because it
was unnecessary, as part of the TFEI revisions;
    c. Revising paragraphs c.1.b, c.1.b.1, and c.1.b.2 to clarify the
text as part of the TFEI revisions;
    d. Replacing the period with a semi-colon at the end of 1E002.f to
fix the punctuation as part of the TFEI revisions;
    e. Adding single quotes around the term `libraries' in paragraph
1E002.g because it is a term defined in the Technical Note that follows
that paragraph;
    f. Adding a reference in 1E002.g to 1A004.d to control `libraries'
related to electronic equipment designed for automatically detecting or
identifying the presence of ``explosives''; and
    g. Removing the words ``the term'' in the Technical Note following
paragraph 1E002.g, because these words were unnecessary in the
sentence.
    An Annex ``List of Explosives (see ECCNs 1A004 and 1A008)'' is
added to the end of Category 1 in order to clarify the controls in
ECCNs 1A004 and 1A008.

Category 2 Materials Processing

    ECCN 2A983 is amended by removing and reserving paragraph b in the
Items paragraph of the List of Items Controlled, because this type of
explosive detection equipment is now controlled for national security
reasons under ECCN 1A004 and the technology is controlled for regional
stability reasons under 1E001.d.

Category 3 Electronics

    Category 3 is amended by removing the last sentence in the Nota
Bene which appears at the beginning of Category 3 and states ``If the
integrated circuit is a silicon-based ``microcomputer microcircuit'' or
microcontroller microcircuit described in 3A001.a.3 having an operand
(data) word length of 8 bit or less, the status of the integrated
circuit is determined in 3A001.a.3'', because in 2005 the Wassenaar
Arrangement removed microcircuits manufactured from a silicon based
semiconductor from 3A001.a.3.
    ECCN 3A001 is amended by:
    a. Revising the License Exception GBS eligibility paragraph to add
newly controlled 3A001.b.10 (oscillators or oscillator assemblies) and
3A001.h (solid-state power semiconductor switches, diodes, or
`modules').
    a.1. Adding dashes in front of each of the listed items in Note 2
after 3A001.a to be consistent with WA text.
    b. Revising the control parameters for `field programmable logic
devices' in 3A001.a.7, by replacing 3A001.a.7.a through a.7.c with new
paragraphs 3A001.a.7.a and 3A001.a.7.b. The parameters for field
programmable logic devices were confusing, difficult to apply, and
dated. The new control parameters are clearer and take into account
advances in technology.
    c. Adding Technical Note 2 after 3A001.a.7.b to help people better
understand the scope of this entry.
    d. Revising the parameters for 3A001.a.10 (Custom integrated
circuits for which the function is unknown, or the control status of
the equipment in which the integrated circuits will be used is unknown
to the manufacturer) from more than ``1,000 terminals'' to ``1,500
terminals'' in 3A001.a.10.a, and from a typical ``basic gate
propagation delay time'' of less than ``0.1 ns'' to ``0.02 ns'' in
3A001.a.10.b. The threshold for the number of terminals for custom
integrated circuits is increased to 1,500, because integrated circuits
with more than 1,000 terminals are losing controllability, and more
terminals are needed for civil use integrated circuits.
    e. Revising the average output power density parameter for
microwave power amplifiers in 3A001.b.8.b to read ``average output
power to mass ratio'' in order to avoid any confusion with the
parameter for antenna output, because, in the case of RF transmission,
power density is normally expressed in terms of Watts per unit area (W/
m2) and usually applies to antenna output.
    e.1. Removing a comma after (MPM) to correct the punctuation in
3A001.b.9;
    f. Adding a new paragraph 3A001.b.10 to control oscillators or
oscillator assemblies and a new Technical Note to clarify calculations
involving operating frequency. This new control concerns the enhanced
control of equipment for generating low phase noise signals, i.e.,
synthesized frequency generators, stable oscillators and stable
oscillator assemblies. Low phase noise performance is especially
important for search radar systems, as it determines the ultimate
capability of the radar to detect low radar cross-section platforms in
the presence of clutter, which is especially useful for military
applications. The stable oscillator sets the baseline noise performance
of these systems. Commercial applications for low phase noise
oscillators include digital radio using Quadrature Amplitude Modulation
(QAM), low-jitter communications, photonic-based communications and
low-cost reference oscillators for accurate phase measurements. Low
phase noise test equipment is commonly used for the research
development and evaluation of modern wireless communication
applications including cellular phones, commercial satellites and local
area networks (LANs).
    g. Removing the parenthetical phrase ``(i.e., `signal processing'
devices employing elastic waves in materials)'' from 3A001.c.1 and c.2,
because this example caused more confusion than clarity.
    h. Adding single quotes around the term `frequency side-lobe
rejection' in 3A001.c.1.b.1 and c.1.c.3 to indicate that this is a
defined term in the entry and adding a Technical Note below
3A001.c.1.c.3 to define the term.
    i. Revising the `frequency side-lobe rejection' parameter from ``55
dB'' to ``65 dB'' in 3A001.c.1.b.1 and c.1.c.3 because of technological
advances.
    j. Revising the frequency parameter for bulk (volume) acoustic wave
devices in 3A001.c.2 from ``2.5 GHz'' to ``6 GHz'' because of
technological advances.
    k. Adding a Note after 3A001.c.3 to exclude acoustic wave devices
that are limited to a single band pass, low pass, high pass or notch
filtering, or resonating function from 3A001.c control;
    l. Revise the text ```Cells' and photovoltaic arrays as follows:''
to read ``'Cells' as follows:'' in 3A001.e.1 to correct an error in the
rule published on October 14, 2008 (73 FR 60910) when photovoltaic
arrays were removed from this paragraph;
    l.1. Adding single quotes around the term `secondary cells' to
indicate that this term is defined in this entry.
    m. Replacing the period with a semi-colon in 3A001.e.4 to correct
the punctuation as part of the TFEI revisions.
    n. Revising the parameters for rotary input type absolute position
encoders in 3A001.f by removing the two subparagraphs 3A001.f.1 and f.2
and replacing the accuracy of ``better than  2.5 seconds of
arc'' with ``equal to or less (i.e., better) than  1.0
second of arc'' because of technological advances.
    n.1. Replacing a period with a semi-colon after 3A001.g.2.b to
correct punctuation for the addition of 3A001.h.
    o. Adding a new paragraph 3A001.h to control solid-state power
semiconductor switches, diodes, and `modules', as well as a Technical
Note to define `modules'. Several Notes are also added: Note 1 to
explain repetitive peak off-state voltage; Note 2 to provide the scope
(parameters) of 3A001.h; and

Note 3 to explain that 3A001.h does not apply to switches, diodes, or
'modules' incorporated into equipment designed for civil automobile,
civil railway, or ``civil aircraft'' applications. This new control for
solid-state power semiconductor switches is added, because for military
applications such as combat vehicles, even a small improvement in the
maximum junction temperature of switches can have a big impact on
reducing heat exchanger volume and weight--thus permitting the power
converter to operate at a higher frequency, resulting in reduced power
converter volume.
    ECCN 3A002 is amended by:
    a. Removing a comma in 3A002.a.6 to correct the punctuation;
    a.1. Making a technical correction to the switching time control
from ``10 ns'' to ``312 ps'' to correlate this control to the carrier
frequency points and bandwidths referenced in 3A002.d.3; and
    b. Adding a minimum synthesized frequency parameter of 3.2 GHz for
synthesized signal generators in 3A002.d.4, as well as increasing
(i.e., tightening) the phase noise control threshold in frequency
regimes of greatest concern to the military, while leaving most
commercial instruments uncontrolled. Also, by adding a Technical Note
for 3A002.d.4 to explain what the ``F'' is in the parameter.
    3B001 is amended by:
    a. Adding a new Note after 3B001.a.1 to explain that 3B001.a.1
includes atomic layer epitaxy equipment; and
    b. Replacing the word ``and'' with a comma to correct the grammar
in 3B001.f.3.

Category 4 Computers

    ECCN 4D001 is amended by:
    a. Revising the Heading to harmonize with the Wassenaar Arrangement
list;
    b. Revising the Adjusted Peak Performance (APP) parameter in the
License Exception TSR paragraph from 0.1 Weighted TeraFLOPS (WT) to 0.5
WT to harmonize with the increase in the APP control threshold and in
consideration of technological advances;
    c. Adding the phrase ``equipment as follows'' to the end of 4D001.b
to clarify this sentence, as part of the TFEI revisions; and
    d. Revising the APP parameter from ``0.04 WT'' to ``0.10 WT'' in
4D001.b.1, because processor technology is expected to continue to
advance while transistors continue to shrink in size. The control level
for software and technology is adjusted to 0.10 WT in consideration of
the processors that are available in 2009.
    ECCN 4D003 is amended by:
    a. Revising the Heading by making the former 4D003.c the Heading,
because 4D003.c is the only paragraph left in the entry;
    b. Revising the License Exception TSR paragraph to replace the
existing text ``Yes, except 4D003.c'' with ``N/A'', because 4D003.c is
now the Heading;
    c. Revising the Related Controls paragraph to direct the reader to
Category 5, Part 2, regarding the treatment of information security;
    d. Deleting 4D003.a (Operating system ``software'', ``software''
development tools and compilers specially designed for ``multi-data-
stream processing'' equipment, in ``source code''), because nearly all
hardware now includes support for ``multi-data-stream processing'' and
a huge array of software available in ``source code'' is readily
available throughout the world and on the internet; and
    e. Removing paragraph 4D003.c and moving this control parameter to
the Heading, because it's the only paragraph left in this entry.
    WA agreed to remove the definition for ``multi-data stream
processing'' from the WA definitions, because WA agreed to remove
4D003.a which was the only place where the term was used on the WA
list. However, the term is still used on the CCL in ECCN 4E993, a
unilateral entry, and therefore, this rule does not remove the term
``multi-data-stream processing'' from Part 772 of the EAR.
    ECCN 4E001 is amended by:
    a. Revising the Heading by making editorial revisions as part of
the TFEI revisions;
    b. Revising the License Exception TSR paragraph by revising the APP
threshold from ``0.1 WT'' to ``0.5 WT'' to harmonize with the increase
in the APP control threshold and in consideration of technological
advances;
    c. Adding the phrase ``equipment as follows'' to the end of 4E001.b
to clarify this sentence, as part of the TFEI revisions; and
    d. Revising the APP parameter from ``0.04 WT'' to ``0.10 WT'' in
4E001.b.1, because processor technology is expected to continue to
advance while transistors continue to shrink in size. The control level
for software and technology is adjusted to 0.10 WT in consideration of
the processors currently available.

Category 5, Part I Telecommunications

    ECCN 5A001 is amended by:
    a. Revising the NS Column 2 control paragraph to add 5A001.h, which
is a newly added control for electronic equipment designed or modified
to prematurely activate or prevent the initiation of Radio Controlled
Improvised Explosive Devices (RCIED);
    b. Revising the License Exception LVS paragraph to add eligibility
for 5A001.h at the $5,000 limit to accommodate low value shipments to
countries listed in Country Group B;
    c. Revising 5A001.f, f.1, and f.2 by making editorial revisions as
part of the TFEI revisions;
    d. Adding a new parameter paragraph 5A001.f.3, regarding jamming
equipment, to ensure that telephony systems cannot be disrupted by
undesirable elements and organizations;
    e. Replacing the reference to the ``Munitions List'' with the
equivalent U.S. regulations ``International Traffic in Arms Regulations
(ITAR) (22 CFR Parts 120-130)'' in the Nota Bene following 5A001.f.3;
    f. Removing a period from ``5A001.g.'' to read ``5A001.g'' in the
Note after 5A001.g to correction the punctuation; and
    g. Adding a new control paragraph 5A001.h to control electronic
equipment designed or modified to prematurely activate or prevent the
initiation of Radio Controlled Improvised Explosive Devices as part of
the multilateral effort to stem terrorist activities.
    h. Adding a Nota Bene after paragraph 5A001.h to reference the
ITAR, because some specific equipment classified under 5A001.h may be
under the jurisdiction of the Directorate of Defense Trade Control,
Department of State.
    ECCN 5B001 is amended by:
    a. Revising the Heading to add clarifying text to more accurately
describe the scope of this entry as part of the TFEI revisions.
    b. Removing reference to ECCNs 5D001 and 5E001 from 5B001.a to
remove the ambiguity of the reference.
    c. Adding a comma to 5B001.a to clarify the text as part of the
TFEI revisions;
    d. Removing a period from ``5B001.a.'' to read ``5B001.a'' in the
Note after 5B001.a to correct the punctuation.
    e. Adding text that limits the scope of parameter in 5B001.b.2.b to
clarify that this paragraph does not control equipment for development
of optical amplification using praseodymium-doped fibers, and that this
control is limited to equipment for development of praseodymium-doped
fibers. The control language of 5B001.b.2 is nearly identical to that
of 5E001.c.2, which indicates that these two sections were intended to
be harmonized. Nevertheless, the scope of control of optical
amplification in 5B001.b.2.b (all optical amplification) is much
broader than the corresponding scope of control in 5E001.c.2.b (limited
to optical

amplification using praseodymium-doped fluoride fiber amplifiers
(PDFFA)).
    f. Capitalizing the words ``Quadrature-Amplitude-Modulation'' in
5B001.b.4 because it is followed by an acronym, as part of the TFEI
revisions.
    ECCN 5D001 is amended by;
    a. Revising the Heading to make editorial revisions as part of the
TFEI revisions;
    b. Adding a comma after ``equipment'' and removing a comma and
replacing the period with a semi-colon in 5D001.a to correct the
punctuation as part of the TFEI revisions;
    c. Removing the reference to 5B001 in 5D001.a because the intent
was to refer to 5A001 only;
    d. Replacing a period with a semi-colon in 5D001.b and .c to
correct the punctuation, as part of the TFEI revisions;
    e. Adding a comma to the number 1750 in 5D001.d.2.a to correct the
punctuation, as part of the TFEI revisions; and
    f. Capitalizing Quadrature-Amplitude-Modulation in 5D001.d.4
because it is followed by an acronym, as part of the TFEI revisions.
    ECCN 5E001 is amended by:
    a. Removing a comma in the Heading to correct the punctuation as
part of the TFEI revisions.
    b. Making editorial revisions in 5E001.a, including removing the
reference to ECCN 5B001 and revising the reference to 5D001 to read
5D001.a, to focus the ECCN on control, as part of the TFEI revisions.
    c. Revising ``technologies'' to read ``technology'' and removing a
comma in 5E001.b to correct the sentence as part of the TFEI revisions.
    d. Replacing the period with a semi-colon in 5E001.b.4 to correct
the punctuation as part of the TFEI revisions.
    e. Removed the phrase ``telecommunication transmission or switching
equipment, functions or features'' in 5E001.c because it was
unnecessary, as part of the TFEI revisions.
    f. Capitalized ``Praseodymium-Doped Fluoride Fiber Amplifiers'' in
5E001.c.2.b, because it is followed by an acronym, as part of the TFEI
revisions.
    g. Replacing the control parameter ``exceeding 8 optical carriers
in a single optical window'' with ``of optical carriers at less than
100 GHz spacing'' for equipment employing a ``laser'' in 5E001.c.2.d.
``The number of optical carriers in a single window'' is not
technically adequate in specifying such equipment because the size of
``a single window'' (equal to the range of wavelength) is not always
the same. Therefore, ``spacing'' in GHz was adopted as the parameter
for defining this technology.
    h. Adding a Nota Bene to reference Product Group E of Category 6
for ``technology'' for the ``development'' or ``production'' of non-
telecommunications equipment employing a ``laser''.
    i. Capitalizing the words ``Amplitude-Modulation'' in 5E001.c.4.a
because it is followed by an acronym, as part of the TFEI revisions.
    j. Making minor changes to 5E001.c.4.c (removing the word ``or''
from the end of that clause) and c.5 (inserting the word ``or'' at the
end of that clause), as a result of adding a new paragraph 5E001.c.6 to
control ``technology'' according to the General Technology Note for the
``development'' or ``production'' of mobile equipment. Until recently,
component technology and related communications technology have been
the major obstacles in developing practical, wideband UV communications
systems. However, component technology has recently advanced.
Ultraviolet communications systems technology provides a means of
highly covert, non-line-of-sight (NLOS) communications and Ethernet-
speed wireless digital communications which are of strategic interest
and concern.
    k. Adding two new paragraphs 5E001.d and .e to control
``technology'' according to the General Technology Note for the
``development'' or ``production'' of Microwave Monolithic Integrated
Circuit (MMIC) power amplifiers specially designed for
telecommunications, and electronic devices and circuits containing
components manufactured from ``superconductive'' materials, specially
designed for telecommunications. The aim of these new controls is to
clarify the status of technology for the development or production of
two classes of components, MMIC power amplifiers and superconductor
devices. If the devices are not specially designed for
telecommunications and specified in Category 3, the corresponding
technology for their development or production is controlled by
reference in Category 3, Group E. Category 5, Part 1 did not specify
MMIC power amplifiers or superconductor devices (such as high-Q
superconductor filter, used in wireless systems). As such, the
controllability of the technologies was in question even where the
technologies exceeded Category 3 control thresholds and were the same
technologies for the more generally designed Category 3 devices. Adding
the new control paragraphs to 5E001 clarifies the control status of
these technologies when specially designed for telecommunications
devices.

Category 5, Part 2 ``Information Security''

    ECCN 5A002 is amended by:
    a. Making editorial changes to the Note at the beginning of the
Items paragraph of the List of Items Controlled section by removing the
parenthesis around paragraph letters `a' through `g' to make the entry
consistent with other ECCN entries as part of the TFEI revisions.
    b. Revising the Note at the beginning of the Items paragraph of the
List of Items Controlled section by adding a new paragraph `h' to
release from 5A002 control equipment specially designed for the
servicing of portable or mobile radiotelephones and similar client
wireless devices that meet all the provisions of the Cryptography Note,
as well as other listed parameters. The mass-marketed mobile devices
include several kinds of product security features, both in hardware
and ``software''. The product security features require service
equipment capable of having a coded signal with the mobile devices
being serviced. The equipment to be decontrolled includes test devices,
``software'' update devices and related accessories.
    c. Revising the Note at the beginning of the Items paragraph of the
List of Items Controlled section by adding a new paragraph `i' to
exclude from control certain short-range wireless products (i.e., for
personal area networks) with an operating range not exceeding 30
meters. The rationale for adding a new Note `i' is that wireless
personal area networking products are not of strategic concern due to
their distance limitation and predominant civil use in applications
such as home entertainment systems, peripherals for laptops and
personal computers, cell phone headsets, iPod headphones and home/
business/industrial automation. A limitation of 30 meters is the
typical range of such equipment according to the manufacturers'
specifications. This equipment is manufactured worldwide. The key
element of this proposal is that wireless personal area networking
equipment and components are based on limited short-range wireless
technologies. The primary examples currently are Bluetooth (IEEE
802.15.1), Wibree (ultra low power Bluetooth) and ZigBee (IEEE
802.15.4). This new Note `i' does not decontrol wireless local area
networks, such as those based on the WiFi standard (IEEE 802.11), which
operate over greater distances and

encrypt data for transmission across networks such as the Internet.
    d. Adding a new paragraph 5A002.a.7 to control non-cryptographic
information and communications technology (ICT) security systems and
devices meeting certain criteria. Highly secure ICT systems and devices
are used in various military, government and commercial businesses,
especially for connecting and/or segregating networks with different
levels of information sensitivity. The recent improvements to high
assurance technology (e.g., development of secure kernels) means that
it is now very easy to build high assurance ICT security products
without `military-grade' security components.
    ECCN 5B002 is amended by:
    a. Revising the Heading by making editorial changes, as part of the
TFEI revisions; and
    b. Revising 5B002.a and .b to remove circular references.
    ECCN 5D002 is amended by:
    a. Revising the Heading to make clarifying changes as part of the
TFEI revisions;
    b. Revising 5D002.a and c.1 to remove circular references and focus
the ECCN on the control.
    c. Replacing periods with semi-colons in 5D002.a and b as part of
the TFEI revisions.
    ECCN 5E002 is amended by revising the reference ``5D002'' to read
``5D002.a or 5D002.c'' in the Heading, as well as the EI control
paragraph and the License Requirement Note of the License Requirement
section, to focus the ECCN on control.

Category 6 Sensors

    ECCN 6A001 is amended by:
    a. Revising the License Exception LVS eligibility paragraph to add
eligibility for 6A001.c (Diver deterrent acoustic systems) at a $5,000
limit.
    b. Revising the License Exception GBS and CIV eligibility
paragraphs to add eligibility for 6A001.c, because this is basically an
anti-terrorism device and the concern here is in regards to the export
or reexport of the device to E:1 countries;
    b.1. In the Note that follows 6A001.a.1, adding the phrase
``equipment as follows'' to conform to the WA text;
    c. Replacing the period with a semi-colon at the end of 6A001.b,
because of the addition of paragraph 6A001.c; and
    d. Adding a new paragraph 6A001.c and two Notes to control diver
deterrent acoustic systems to reduce the threat of attacks on ports,
harbors, offshore platforms, shipping and coastal facilities.
    ECCN 6A004 is amended by:
    a. Revising the Heading to better represent the scope of this
entry, as part of the TFEI revisions;
    b. Removing a comma from 6A004.a to correct the punctuation, as
part of the TFEI revisions;
    c. Replacing the word ``lambda'' with the scientific symbol for
lambda ``[lambda]'' in two places in 6A004.a.4, as part of the TFEI
revisions;
    d. Replacing the period with a semi-colon in 6A004.b.2, c.4, and
d.4 to correct the punctuation, as part of the TFEI revisions;
    e. Adding the word ``components'' to 6A004.c.1 and c.4 to add
consistency to the list of components in 6A004.c, as part of the TFEI
revisions;
    e.1. Adding the word ``raw'' to the beginning of 6A004.c.2 and
adding the word ``processed'' in front of the second ``substrates'' to
conform with Wassenaar text;
    e.2. Removing a superfluous comma in 6A004.d to correct the
punctuation;
    f. Adding the word ``equipment'' to 6A004.d.1 and d.2 to add
consistency to the list of equipment in 6A004.d, as part of the TFEI
revisions;
    g. Removing the word ``characteristics'' from 6A004.e because it
was unnecessary, as part of the TFEI revisions;
    h. Removing unnecessary words from 6A004.e.1, e.2, and e.3 to make
the parameters more concise, as part of the TFEI revisions;
    i. Replacing the semi-colon with a period to correct the
punctuation in 6A004.e.3 as this is the last subparagraph of 6A004, as
part of the TFEI revisions;
    j. Adding single quotes around `aspheric optical elements' in the
Note for 6A004.e, as part of the TFEI revisions;
    k. Removing unnecessary words from the Note for 6A004.e to make the
Note more concise, as part of the TFEI revisions.
    ECCN 6A005 is amended by:
    a. Replacing the word ``in'' with ``by'' to correct the preposition
in Note 2 at the beginning of the Items paragraph and in 6A005.d, as
part of the TFEI revisions;
    b. Replacing the words ``the following'' with ``as follows'' for
consistency in text typically used in the Wassenaar List, as part of
the TFEI revisions;
    c. Removing a comma in 6A005.a, b, b.6.b, c, d, d.1, d.1.a,
d.1.a.2, d.1.b, d.1.b.2, d.1.c, d.4, d.5, d.5.c, e, f, to correct the
punctuation, as part of the TFEI revisions;
    d. Removing unnecessary words, such as ``A'', ``An'', ``having'',
``having an'', or ``with an'' in nearly every paragraph in the Items
paragraph of the List of Items Controlled section, and in some cases
replacing the words ``having an'' with the word ``and'';
    e. Replacing the double quotes with single quotes around the term
`Wall-plug efficiency' in 6A005.a.6.a.1 and a.6.b.1, because the term
is defined in the Related Definition section of 6A005;
    f. Replacing the period with a semi-colon in 6A005.a.8, d.1.b.3,
d.1.c.3, and d.1.d to correct the punctuation, as part of the TFEI
revisions;
    g. Adding the words ``equal to or'' in 6A005.b.6.b to correct a
minor oversight in the established controls, leading to a loophole for
a certain type of laser with a pulse duration of 1 ns;
    h. Adding commas to 6A005.c.2., d.1.c.1, d.1.c.2, d.1.c.3, e.2 and
f.3, to correct the punctuation and clarify the paragraphs, as part of
the TFEI revisions;
    i. Adding single quotes around the terms `array' and `array stacks'
in 6A005.d.1.d and in the Technical Note following this paragraph to
indicate that the terms are defined in the Technical Note below
paragraph 6A004.d.1.d, as well as removing the phrase ``that is'' and
replacing the word ``under'' with ``by'' to conform to the WA text;
    j. Replacing double quotes with single quotes around the term `non-
repetitive pulsed' in 6A005.d.6 and the Note following 6A005.d.6.b to
indicate that the term is defined in this Note, as part of the TFEI
revisions;
    k. Adding single quotes around the term `active cooling' in
6A005.e.1 and the Technical Note following this paragraph to indicate
that the term is defined in this Technical Note;
    l. Replacing the word ``lambda'' with the scientific symbol
``[lambda]'', in 6A005.f.3 as part of the TFEI revisions.
    ECCN 6A006 is amended by:
    a. Deleting the extra ``and'' in the Heading to correct the
sentence, as part of the TFEI revisions;
    b. Replacing the term ``noise level (sensitivity)'' with the term
`sensitivity' in the License Exception LVS eligibility paragraph, and
in the following subparagraphs 6A006.a.1.a, a.1.b, a.2, a.3, a.4, a.5,
b, c.2., and c.3 because this term was condensed and defined in the
Technical Note after 6A006.d as a term more commonly used by
manufacturers;
    c. Adding double quotes around the term ``Magnetometers'' in
6A006.a.1, a.2, a.3, because this term is defined in Part 772 of the
EAR;
    d. Removing the word ``characteristics'' from 6A006.a.1 because it
is unnecessary, as part of the TFEI revisions;

    e. Adding the modifier ``at a frequency of 1 Hz'' to 6A006.a.2 to
clarify the parameter;
    f. Replacing the period with a semi-colon in 6A006.b to correct the
punctuation, as part of the TFEI revisions;
    g. Replacing the capitalization with lower case letters in
``underwater electric field sensors'' of 6A006.d to correct the
grammar, as part of the TFEI revisions;
    h. Adding a Technical Note after 6A006.d to define the term
`sensitivity', because this term is used throughout 6A006 and is a more
common term used by manufacturers than ``noise level''.
    i. Adding parentheses around ``rms'' wherever it appears in 6A006
to conform to WA text.
    ECCN 6A008 is amended by:
    a. Removing the unnecessary word ``characteristics'' from the
Heading to make it more concise, as part of the TFEI revisions;
    b. Replacing the alphabetic bullets with dashes to simplify the
list in the Note at the beginning of the items paragraph, as part of
the TFEI revisions;
    c. Removing the words ``Having a'' from 6A008.b to remove the
redundant wording that also appears in the Heading, as part of the TFEI
revisions;
    d. Adding the word ``and'' to correct the grammar and clarify the
sentence in 6A008.h, as part of the TFEI revisions;
    e. Replacing the phrase ``provided that all the following
conditions are met'' with the more commonly used ``and having all of
the following'' in 6A008.i, Note b to bring consistency and clarity, as
part of the TFEI revisions;
    f. Removing unnecessary words from the Note following 6A008.i to
provide more concise wording, as part of the TFEI revisions;
    g. Replacing a comma with ``and'' in 6A008.j to correct the
grammar, as part of the TFEI revisions;
    h. Moving the ``or'' from 6A008.j.1 to 6A008.j.2 because of the
addition of new paragraph 6A008.j.3;
    i. Adding a new paragraph 6A008.j.3 and 3 new Notes to control
``laser'' radar or Light Detection and Ranging equipment for airborne
bathymetric littoral surveys (surveys of shores for troop deployment);
and
    j. Replacing the word ``with'' with ``and having'' in 6A008.k and
.l to clarify the sentence and use more commonly used text, as part of
the TFEI revisions.
    ECCN 6A996 is amended by:
    a. Replacing the words ``noise level (sensitivity)'' with
`sensitivity' in 6A996.a, because it is the more commonly used term to
describe this parameter.
    b. Adding a Technical Note after paragraph 6A996.a to define the
term `sensitivity'.
    c. Adding parenthese around the term ``rms'' in 9A996.a.
    ECCN 6D003 is amended by:
    a. Deleting a comma in the Heading to correct the punctuation.
    b. Making RS controls applicable to paragraph `c' in the Reasons
for Control paragraph under the License Requirements section.
    c. Adding section headings, such as ``Acoustics'', throughout the
Items paragraph to assist the reader.
    d. Replacing a period with a semi-colon to correct the punctuation
in 6D003.a.4, as part of the TFEI revisions.
    e. Adding a new paragraph 6D003.c to control software designed or
modified for cameras incorporating ``focal plane arrays'' specified by
6A002.a.3.f and designed or modified to remove a frame rate restriction
and allow the camera to exceed the frame rate specified in 6A003.b.4
Note 3.a. With the addition of this paragraph, a license is now
required to export or reexport the software that would give an
uncontrolled camera the capability of a controlled camera.
    f. Removing a comma to correct the punctuation of 6D003.f and .h as
part of the TFEI revisions.
    g. Adding the acronym ``ATC'' after ``Air Traffic Control'' in
paragraph 6D003.h.1, as part of the TFEI revisions.
    h. Replacing the word ``which'' with ``and having all of the
following'' in 6D003.h.2 to use the more commonly used text to
introduce a list of parameters, as part of the TFEI revisions.
    i. Removing superfluous words from 6D003.h.2.a, as part of the TFEI
revisions; and
    j. Replacing double quotes with single quotes around the term
`average side lobe level' in 6A008.h.2.b and in the Technical Note that
follows, as part of the TFEI revisions, to indicate that the term is
defined in the entry.
    ECCN 6E993 is amended by:
    a. Replacing the word ``with'' with ``having all of the following''
in 6E993.a for consistency;
    b. Removing superfluous words from 6E993.a.1 and a.2 to be more
concise;
    b.1. Replacing the word ``lambda'' with the scientific symbol and
adding parentheses around the term ``rms'' in 6E993.a.2 to harmonize
with WA text.
    b.2. Replacing the phrase ``of less'' with ``lower (better)'' and
adding parentheses around the term ``rms'' to harmonize with Wassenaar
text in 6E993.d.1 and d.2.
    c. Replacing the term ``noise level'' with `sensitivity' in
6E993.d.1 and d.2 to use a more common manufacturing term;
    d. Adding a Technical Note after 6E993. d.2 to define
`sensitivity'.

Category 7 Navigation and Avionics

    ECCN 7A003 is amended by:
    a. Correcting the capitalization and replacing the word
``therefore'' with ``as follows'' in the Heading to be consistent with
typically used text, as part of the TFEI revisions;
    b. Deleting a comma and adding a comma to correct the punctuation,
and removing the superfluous word ``characteristics'' in 7A003.a, as
part of the TFEI revisions;
    c. Replacing a comma with the word ``and'' in 7A003.a and .b to
correct sentence structure and to clarify the sentence, as part of the
TFEI revisions;
    d. Correcting the capitalization, removing the superfluous word
``characteristics'' from 7A003.c, and adding the word ``and'' to
7A003.c as part of the TFEI revisions;
    e. Adding parenthesis and removing an extraneous space to add
clarity to 7A003.c.1, as part of the TFEI revisions;
    f. Removing a hyphen in 7A003.c.2 to conform with WA text; and
    g. Replacing the word ``that'' with ``which'' in Note 2 to 7A003 to
conform with WA text.

Category 8 Marine

    ECCN 8A001 is amended by:
    a. Removing a comma in 8A001.b to correct the punctuation;
    b. Adding single quotes around the term `operate autonomously' in
8A001.b.1 to indicate the term is defined in the Technical Note
following 8A001.b.3.b, as part of the TFEI revisions;
    c. Removing 8A001.b.3.a and b.3.d and redesignating 8A001.b.3.b and
8A001.b.3.c as 8A001.b.3.a and 8A001.b.3.b respectively, as well as
adding the word ``continuously'' in the new 8A001.b.3.a to meet new
technological and market developments;
    d. Removing superfluous words in the new 8A001.b.3.b, and the word
``and'';
    e. Replacing the double quotes with single quotes around the term
`operate autonomously' in Technical Note 1 and 2 that follows
8A001.b.3.b, as part of the TFEI revisions;
    f. Replacing the double quotes with single quotes around the term
`range' in Technical Note 2 that follows 8A001.b.3.b, as part of the
TFEI revisions, as well as replacing the word ``cover'' with `operate
autonomously';
    g. Replacing a comma with an ``and'' in 8A001.c to fix the grammar
and add clarity, as part of the TFEI revisions;
    h. Removing superfluous words from 8A001.c.2, d.2, d.3, f.1, f.2,
f.3, i.1, i.2 to be more concise, as part of the TFEI revisions;

    i. Adding an ``and'' to clarify the sentence in 8A001.e.2, as part
of the TFEI revisions;
    j. Removing the superfluous word ``characteristics'' in 8A001.f, as
part of the TFEI revisions;
    k. Replacing the word ``tons'' with ``tonnes'' in 8A001.i.1 and
i.2, because WA meant metric tonnes, which differs from American tons
in weight and to conform with WA text;
    l. Adding single quotes around the term `small waterplane area
vessel' in 8A001.i.2 and in the Technical Note that follows, to
indicate that this is a defined term in this entry, as part of the TFEI
revisions; and
    m. Replacing the word ``draught'' with ``draft'' in the Technical
Note after 8A001.i.2, to conform to the WA text.
    ECCN 8A002 is amended by:
    a. Adding the word ``Marine'' to the Heading to be more
descriptive, as part of the TFEI revisions;
    b. Adding ``and'' to 8A002.a to add clarity as part of the TFEI
revisions;
    c. Replacing the word ``in'' with ``by'' and a period with a semi-
colon in 8A002.a.4, as part of the TFEI revisions;
    d. Replacing the words ``The object of this control'' with ``The
objective of 8A002.a.4'' in the Technical Note that follows 8A002.a.4
to be more precise, as part of the TFEI revisions;
    e. Adding single quotes around the term `syntactic foam' in the
Technical Note after 8A002.a.4. to indicate that the term is defined in
the entry, as part of the TFEI revisions;
    f. Adding commas around the clause ``using navigation data'',
removing the word ``and'', and adding the phrase ``and having any of
the following'' to 8A002.b for clarity, as part of the TFEI revisions;
    g. Deleting a comma to correct the punctuation in 8A002.d as part
of the TFEI revisions;
    h. Adding single quotes around the term `limiting resolution' in
8A002.d.1.a and d.1.b to indicate that the term is defined in the
Technical Note that follows 8A002.d.1.c.2, as part of the TFEI
revisions, as well as removing the phrase ``in television'' to conform
with WA text;
    i. Replacing the word ``containing'' with ``and having'' to clarify
the sentence, as part of the TFEI revisions;
    j. Deleting a comma and replacing a comma with ``and'' in 8A002.d.2
to clarify the sentence, as part of the TFEI revisions;
    k. Replacing the word ``having'' with ``with'' and removing a
superfluous comma in 8A002.e to clarify the sentence, as part of the
TFEI revisions;
    l. Moving the phrase ``as follows'' to the end of 8A002.g to
clarify the sentence, as part of the TFEI revisions;
    m. Replacing the comma with ``and'' in 8A002.h, .i, o.1.e, o.2.d,
and o.3.a to clarify the sentence, as part of the TFEI revisions;
    n. Moving the word ``composite'' in 8A002.h.2 to clarify the
sentence, as part of the TFEI revisions;
    o. Removing a comma in 8A002.i.2 to correct the punctuation, as
well as adding single quotes around the term `freedom of movement' to
indicate that this term is defined in the Technical Note that follows
8A002.i.2;
    p. Replacing the word ``Note'' with ``Technical Note'' to properly
identify the note that follows 8A002.i.2;
    q. Removing the comma in 8A002.j, j.2, j.4, o.1.e, o.2.c, and o.2.d
to correct the punctuation, as part of the TFEI revisions;
    r. Adding a comma in 8A002.j.1.a, j.1.c, j.2.a, j.2.c, j.3.a,
j.4.a, m, n, o.1.a, o1.c, o.2, and o.2.a to correct the punctuation, as
part of the TFEI revisions;
    s. Replacing the words ``specially designed'' with ``having all of
the following'' in 8A002.j.1.d and j.3.b to clarify the sentence, as
part of the TFEI revisions;
    t. Adding the words ``specially designed'' in 8A002.j.1.d.1,
j.1.d.2, j.1.d.3, j.3.b.1, j.3.b.2, and j.3.b.3 to clarify the
sentences, as part of the TFEI revisions;
    u. Adding the word ``and'' in 8A002.j.3 to .l to clarify the
sentence, as part of the TFEI revisions;
    v. Moving the phrase ``as follows'' within 8A002.o.1 to clarify the
sentence, as part of the TFEI revisions;
    w. Replacing the word ``tons'' with ``tonnes'' in 8A002.o.3 to
clarify that American tons differ from metric tonnes and to conform to
WA text; and
    x. Replacing a period with a semi-colon in 8A002.p to correct the
punctuation, as part of the TFEI revisions.

Category 9 Propulsion Systems, Space Vehicles and Related Equipment

    ECCN 9A012 is amended by:
    a. Moving the period in the Heading from before the parenthetical
phrase ``see List of Items Controlled'' to after the parenthetical
phrase;
    b. Revising 9A012.b.2 to reflect the original intent to control the
``associated systems'' that allow UAVs to achieve the characteristics
described in 9A012.a (i.e., remote-controlled flight beyond visual
range and autonomous flight capability); and
    c. Adding a comma to 9A012.b.3 to correct the punctuation.

Part 740.17 ``License Exception ENC''

    Section 740.17 ``License Exception ENC'' is amended by removing
wireless ``personal area network'' (PAN) items from paragraph (b)(4) to
harmonize with the addition of wireless PAN equipment to the decontrol
Note in ECCN 5A002. These wireless PAN commodities and ``software'' are
now classified under ECCNs 5A992 and 5D992, respectively, without any
requirement for review or qualification as `mass market' products.

Part 742 Control Policy: CCL-Based Controls

Regional Stability Controls
    This rule revises section 742.6 ``Regional Stability'' by amending
the paragraphs that list the ECCNs that are controlled for RS Column 1
(RS:1) and RS Column 2 (RS:2) to coincide with changes to regional
stability controls made by this rule. This rule revises Sec.
742.6(a)(1) to add 6D003.c, because this software is related to
commodities that are controlled for RS reasons.
    ECCN 1A004.d, 1D003 (software to enable equipment to perform the
functions of equipment controlled by 1A004.d), 1E001 (technology for
the development, production, or use of 1A004.d) are added to Sec.
742.6(a)(4)(i) in order to maintain the RS:2 controls that were applied
to this equipment when it was listed under ECCNs 2A983.b, 2D983, and
2E983.
``Encryption Items''
    Section 742.15, regarding ``Encryption Items'', is amended by
removing wireless ``personal area network (PAN)'' equipment from
paragraphs (b)(3)(i) and the entire entry for (b)(3)(ii) to harmonize
with the addition of wireless PAN equipment to the decontrol Note in
ECCN 5A002. These wireless PAN commodities and ``software'' are now
classified under ECCNs 5A992 and 5D992, respectively, without any
requirement for review or qualification as `mass market' products.

Part 743 Special Reporting

    3A002.g.2 is revised in three places to read 3A002.g.1 in paragraph
743.1(c)(1)(iii) of the EAR, because in 2007 the WA moved the space
qualified parameter for atomic frequency standards from paragraph
3A002.g.2 to 3A002.g.1 and in 2008 the WA harmonized the Sensitive List
with the change made in 2007.
    WA reporting requirements for 5B001.a, regarding software and
technology specially designed for the development or production of
equipment, function, or features of equipment, are removed by this
rule. The WA agreed to remove this software and technology from the
Wassenaar Sensitive List, because, while the WA

intended to control technology and software for 5A001 equipment, the WA
did not intend to have ECCN 5B001 on the Wassenaar Sensitive List. WA
reporting requirements are added for 6A006.c.1, magnetic gradiometers
using multiple magnetometers specified by 6A006.a.1 or 6A006.a.2 (with
a sensitivity lower (or better) than 2pT rms per square root Hz).
    This rule amends Note 2 of the Notes to paragraph 743.1(c)(1)(vi)
to harmonize the text in the Note with revisions made to 6A006.

Definitions in Part 772

    Section 772.1 is amended by:
    a. Adding a reference to Category 5, Part 1, to the following
terms: ``electronically steerable phased array antenna'', and ``local
area network;''
    b. Removing the reference to Category 5 from the following terms:
``Program'' and ``source code;''
    c. Revising the definitions for the following terms: ``Bias
(accelerometer)'' and ``Personalized smart card;''
    d. Removing the term ``Noise Level;'' and
    e. Adding the terms ``Explosives'', ``Fusible'', and ``personal
area network.''
    Since August 21, 2001, the Act has been in lapse. However, the
President, through Executive Order 13222 of August 17, 2001 (3 CFR,
2001 Comp. 783 (2002)), which has been extended by successive
Presidential Notices, the most recent being that of August 13, 2009 (74
FR 41325 (August 14, 2009)), has continued the Regulations in effect
under the International Emergency Economic Powers Act (50 U.S.C. 1701-
1707).

Saving Clause

    Shipments of items removed from license exception eligibility or
eligibility for export without a license as a result of this regulatory
action that were on dock for loading, on lighter, laden aboard an
exporting carrier, or en route aboard a carrier to a port of export, on
December 11, 2009, pursuant to actual orders for export to a foreign
destination, may proceed to that destination under the previous license
exception eligibility or without a license so long as they have been
exported from the United States before February 9, 2010. Any such items
not actually exported before midnight, on February 9, 2010, require a
license in accordance with this regulation.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
involves two collections of information subject to the PRA. One of the
collections has been approved by OMB under control number 0694 0088,
``Multi Purpose Application,'' and carries a burden hour estimate of 58
minutes for a manual or electronic submission. The other of the
collections has been approved by OMB under control number 0694 0106,
``Reporting and Recordkeeping Requirements under the Wassenaar
Arrangement,'' and carries a burden hour estimate of 21 minutes for a
manual or electronic submission. Send comments regarding these burden
estimates or any other aspect of these collections of information,
including suggestions for reducing the burden, to OMB Desk Officer, New
Executive Office Building, Washington, DC 20503; and to Jasmeet Seehra,
OMB Desk Officer, by e-mail at<EMAIL_ADDRESS>or by fax to (202)
395-7285; and to the Office of Administration, Bureau of Industry and
Security, Department of Commerce, 14th and Pennsylvania Avenue, NW.,
Room 6622, Washington, DC 20230.
    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Further, no other
law requires that a notice of proposed rulemaking and an opportunity
for public comment be given for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under the Administrative Procedure
Act or by any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore,
this regulation is issued in final form. Although there is no formal
comment period, public comments on this regulation are welcome on a
continuing basis. Comments should be submitted to Sharron Cook, Office
of Exporter Services, Bureau of Industry and Security, Department of
Commerce, 14th and Pennsylvania Ave., NW., Room 2705, Washington, DC
20230.

List of Subjects

15 CFR Part 740

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

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 743

    Administrative practice and procedure, Reporting and recordkeeping
requirements.

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

0
Accordingly, parts 740, 742, 743, 772 and 774 of the Export
Administration Regulations (15 CFR parts 730-774) are amended as
follows:

PART 740 [AMENDED]

0
1. The authority citations for part 740 continue to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 13, 2009, 74 FR 41325 (August 14, 2009).

0
2. Section 740.17 is amended by:
0
a. Revising the last sentence in paragraph (b)(4)(i) to read as set
forth below; and
0
b. Removing and reserving paragraph (b)(4)(iii).

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

    (b) * * *
    (4) * * *
    (i) * * * Certain items excluded from review by this paragraph may
also be excluded from review under paragraph (b)(4)(iv) of this section
(commodities and software that provide ``ancillary cryptography'').
* * * * *

PART 742 [AMENDED]

0
3. The authority citations for part 742 continue to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; Sec 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 43
FR 20947, 3 CFR,

1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; Presidential Determination 2003-23 of May
7, 2003, 68 FR 26459, May 16, 2003; Notice of July 23, 2008, 73 FR
43603 (July 25, 2008); Notice of November 10, 2008, 73 FR 67097
(November 12, 2008).

0
4. Section 742.6 is amended by:
0
a. Adding ``6D003.c'' in numerical order to paragraph (a)(1); and
0
b. Revising paragraph (a)(4)(i) to read as follows:

Sec.  742.6  Regional Stability.

    (a) * * *
    (4) * * *
    (i) License Requirements Applicable to Most RS Column 2 Items. As
indicated in the CCL and in RS Column 2 of the Commerce Country Chart
(see Supplement No. 1 to Part 738 of the EAR), a license is required to
any destination except Australia, Japan, New Zealand, and countries in
the North Atlantic Treaty Organization (NATO) for items described on
the CCL under ECCNs 0A918, 0E918, 1A004.d, 1D003 (software to enable
equipment to perform the functions of equipment controlled by 1A004.d),
1E001 (technology for the development, production, or use of 1A004.d),
2A983, 2D983, 2E983, 8A918, and for military vehicles and certain
commodities (specially designed) used to manufacture military
equipment, described on the CCL in ECCNs 0A018.c, 1B018.a, 2B018,
9A018.a and .b, 9D018 (only software for the ``use'' of commodities in
ECCN 9A018.a and .b), and 9E018 (only technology for the
``development'', ``production'', or ``use'' of commodities in 9A018.a
and .b).
* * * * *

0
5. Section 742.15 is amended by:
0
a. Revising the last sentence in paragraph (b)(3)(i) to read as set
forth below; and
0
b. Removing and reserving paragraph (b)(3)(ii).

Sec.  742.15  Encryption items.

* * * * *
    (b) * * *
    (3) * * *
    (i) * * * Certain items excluded from review by this paragraph may
also be excluded from review under paragraph (b)(3)(iii) of this
section (commodities and software that provide ``ancillary
cryptography'').
* * * * *

PART 743--[AMENDED]

0
6. The authority citations for part 743 continue to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; Public Law 106-508; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 13, 2009 (74 FR 41325 (August 14, 2009))

0
7. Section 743.1 is amended by revising paragraphs (c)(1)(iii),
(c)(1)(v), (c)(1)(vi) introductory text, and Note 2 of the Notes to
(c)(1)(vi), to read as follows:

Sec.  743.1  Wassenaar Arrangement.

* * * * *
    (c) * * *
    (1) * * *
    (iii) Category 3: 3A002.g.1, 3B001.a.2, 3D001 for ``development''
or ``production'' of 3A002.g.1 or 3B001.a.2, and 3E001 for
``development'' or ``production'' of 3A002.g.1 or 3B001.a.2;
* * * * *
    (v) Category 5: 5A001.b.3; 5B001.a (items specially designed for
5A001.b.3 and b.5); 5D001.a (specially designed for the ``development''
or ``production'' of equipment, function, or features in 5A001.b.3) and
5D001.b (specially designed or modified to support ``technology'' under
5E001.a as described in this paragraph); and 5E001.a (for the
``development'' or ``production'' of equipment, functions or features
specified by 5A001.b.3 or ``software'' in 5D001.a or 5D001.b as
described in this paragraph);
    (vi) Category 6: 6A001.a.1.b (changing 10 kHz to 5 kHz and adding
the text ``or a sound pressure level exceeding 224 dB (reference 1
[mu]Pa at 1 m) for equipment with an operating frequency in the band
from 5kHz to 10 kHz inclusive'' to the existing text in 6A001.a.1.b.1),
and 6A001.a.2.d; 6A002.a.1.a, 6A002.a.1.b, 6A002.a.2.a (changing 350
uA/Im to 700 uA/Im in 6A002.a.2.a.3.a), 6A002.a.3, 6A002.b, 6A002.c
(incorporating 6A002.a.2.a or 6A002.a.3 having characteristics
described in this paragraph), 6A002.e; 6A003.b.3 (incorporating
6A002.a.2.a having characteristics described in this paragraph),
6A003.b.4 (incorporating 6A002.a.3 having characteristics described in
this paragraph); 6A004.c and d; 6A006.a.1, 6A006.a.2 (having a ``noise
level'' (sensitivity) lower (better) than 2pT rms per square root Hz),
6A006.c.1, 6A006.d (certain items only; see Note to this paragraph);
6A008.d, .h, and .k; 6D001 (for 6A004.c and .d and 6A008.d, .h, and
.k); 6E001 (for equipment and software listed in this paragraph); and
6E002 (for equipment listed in this paragraph);
    Notes to paragraph (c)(1)(vi):
* * * * *

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

* * * * *

PART 772--[AMENDED]

0
8. The authority citations for part 772 continue to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
13, 2009 (74 FR 41325 (August 14, 2009)).

Sec.  772.1  [Amended]

0
9. Section 772.1 is amended by:
0
a. Removing the phrase ``(Cat 6)'' and adding in its place ``(Cat 6 and
5 Part 1)'' in the term ``Electronically steerable phased array
antenna'';
0
b. Removing the phrase ``(Cat 4)'' and adding in its place ``(Cat 4 and
5 Part 1)'' in the term ``local area network'';
0
c. Removing the phrase ``(Cat 2, 4, 5, and 6)'' and adding in its place
``(Cat 2, 4, and 6)'' in the term ``Program'';
0
d. Removing the phrase ``(Cat 4, 5, 6, 7, and 9)'' and adding in its
place ``(Cat 4, 6, 7, and 9)'' in the term ``Source code'';
0
e. Revising the definitions for '' ``Bias'' (accelerometer)'',
``Personal area network'', and ``Personalized smart card'';
0
f. Adding the terms ``Explosives'', ``Fusible'', to read as follows;
and
0
g. Removing the term ``Noise Level''.

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

* * * * *
    Bias. (accelerometer) (Cat 7)--The average over a specified time of
accelerometer output measured at specified operating conditions, that
has no correlation with input acceleration or rotation. ``Bias'' is
expressed in g or in meters per second \2\ (g or m/s \2\) (IEEE Std
528-2001) (Micro g equals 1x10-6 g).
* * * * *
    Explosives. (Cat 1)--see Annex ``List of Explosives'' located at
the end of Category 1 of Supplement No. 1 to Part 774 ``Commerce
Control List''.
* * * * *
    Fusible. (Cat 1)--Capable of being cross-linked or polymerized
further (cured) by the use of heat, radiation,

catalysts, etc., or that can be melted without pyrolysis (charring).
* * * * *
    Personal area network (Cat 5 Part 2)--A data communication system
having all of the following characteristics:
    a. Allows an arbitrary number of independent or interconnected
`data devices' to communicate directly with each other; and
    b. Is confined to the communication between devices within the
immediate vicinity of an individual person or device controller (e.g.,
single room, office, or automobile).

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

* * * * *
    Personalized smart card. (Cat 5 Part 2) A smart card or an
electronically readable personal document (e.g., e-passport),
containing a microcircuit which has been programmed for a specific
application and cannot be reprogrammed for any other application by the
user.
* * * * *

PART 774--[AMENDED]

0
10. The authority citations for part 774 continue to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; Notice of August 13, 2009, 74 FR 41325 (August 14, 2009).

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

0
11. Supplement No. 1 to Part 774 (the Commerce Control List) is amended
by revising the Heading of Category 1 to read as follows:
* * * * *

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

* * * * *

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

1A001 Components made from fluorinated compounds, as follows (see List
of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Seals, gaskets, sealants or fuel bladders, specially designed
for ``aircraft'' or aerospace use, made from more than 50% by weight
of any of the materials controlled by 1C009.b or 1C009.c;
    b. Piezoelectric polymers and copolymers, made from vinylidene
fluoride materials, controlled by 1C009.a:
    b.1. In sheet or film form; and
    b.2. With a thickness exceeding 200 [mu]m;
    c. Seals, gaskets, valve seats, bladders or diaphragms, having
all of the following:
    c.1. Made from fluoroelastomers containing at least one
vinylether group as a constitutional unit; and
    c.2. Specially designed for ``aircraft'', aerospace or missile
use.

0
13. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1A002 is amended by revising the items paragraph in
the List of Items Controlled section, to read as follows:

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

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Consisting of an organic ``matrix'' and materials controlled
by 1C010.c 1C010.d, or 1C010.e or
    b. Consisting of a metal or carbon ``matrix'', and any of the
following:
    b.1. Carbon ``fibrous or filamentary materials'' having all of
the following:
    b.1.a. A ``specific modulus'' exceeding 10.15 x 106
m; and
    b.1.b. A ``specific tensile strength'' exceeding 17.7 x
104 m; or
    b.2. Materials controlled by 1C010.c.

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

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

    a. Sporting goods;
    b. Automotive industry;
    c. Machine tool industry;
    d. Medical applications.

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

    a. Metal heat-treatment furnaces for tempering metals;
    b. Silicon boule production equipment.
* * * * *

0
14. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1A003 is amended by revising the Heading, and the
Related Controls and Items paragraphs in the List of Items Controlled
section, to read as follows:

1A003 Manufactures of non-``fusible'' aromatic polyimides in film,
sheet, tape or ribbon form having any of the following (see List of
Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: This entry does not control manufactures when
coated or laminated with copper and designed for the production of
electronic printed circuit boards. For ``fusible'' aromatic
polyimides in any form, see 1C008.a.3.
    Related Definitions: * * *
    Items:
    a. A thickness exceeding 0.254 mm; or
    b. Coated or laminated with carbon, graphite, metals or magnetic
substances.
* * * * *

0
15. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1A004 is amended by revising the Heading, the License
Requirement section, and the Related Definitions and Items paragraphs
in the List of Items Controlled section, to read as follows:

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

License Requirements

    Reason for Control: NS, CB, RS, AT.

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.
CB applies to chemical detection         CB Column 2.
 systems and.
dedicated detectors therefor, in
 1A004.c, that also have the technical
 characteristics described in 2B351.a.
RS apply to 1A004.d....................  RS Column 2.
AT applies to entire entry.............  AT Column 1.
------------------------------------------------------------------------

* * * * *

List of Items Controlled

* * * * *
    Related Definitions: (1) `Adapted for use in war' means: Any
modification or selection (such as altering purity, shelf life,
virulence, dissemination characteristics, or resistance to UV
radiation) designed to increase the effectiveness in producing
casualties in humans or animals, degrading equipment or damaging
crops or the environment. (2) `Riot control agents' are substances
which, under the expected conditions of use for riot control
purposes, produce rapidly in humans sensory irritation or disabling
physical effects which disappear within a short time following
termination of exposure. (Tear gases are a subset of `riot control
agents'.)
    Items:
    a. Gas masks, filter canisters and decontamination equipment
therefor, designed or modified for defense against any of the
following, and specially designed components therefor:

    a.1. Biological agents `adapted for use in war';
    a.2. Radioactive materials `adapted for use in war';
    a.3. Chemical warfare (CW) agents; or
    a.4. `Riot control agents', as follows:
    a.4.a. [alpha]-Bromobenzeneacetonitrile, (Bromobenzyl cyanide)
(CA) (CAS 5798-79-8);
    a.4.b. [(2-chlorophenyl) methylene] propanedinitrile, (o-
Chlorobenzylidenemalononitrile) (CS) (CAS 2698-41-1);
    a.4.c. 2-Chloro-1-phenylethanone, Phenylacyl chloride ([omega]-
chloroacetophenone) (CN) (CAS 532-27-4);
    a.4.d. Dibenz-(b,f)-1,4-oxazephine, (CR) (CAS 257-07-8);
    a.4.e. 10-Chloro-5,10-dihydrophenarsazine, (Phenarsazine
chloride), (Adamsite), (DM) (CAS 578-94-9);
    a.4.f. N-Nonanoylmorpholine, (MPA) (CAS 5299-64-9);
    b. Protective suits, gloves and shoes, specially designed or
modified for defense against any of the following:
    b.1. Biological agents `adapted for use in war';
    b.2. Radioactive materials `adapted for use in war'; or
    b.3. Chemical warfare (CW) agents;
    c. Nuclear, biological and chemical (NBC) detection systems,
specially designed or modified for detection or identification of
any of the following, and specially designed components therefor:
    c.1. Biological agents `adapted for use in war';
    c.2. Radioactive materials `adapted for use in war'; or
    c.3. Chemical warfare (CW) agents;
    d. Electronic equipment designed for automatically detecting or
identifying the presence of ``explosives'' (as listed in the annex
at the end of Category 1) residues and utilizing `trace detection'
techniques (e.g., surface acoustic wave, ion mobility spectrometry,
differential mobility spectrometry, mass spectrometry).

    Technical Note: `Trace detection' is defined as the capability
to detect less than 1 ppm vapor, or 1 mg solid or liquid.

    Note 1: 1A004.d. does not apply to equipment specially designed
for laboratory use.

    Note 2: 1A004.d. does not apply to non-contact walk-through
security portals.

    Note: 1A004 does not control:
    a. Personal radiation monitoring dosimeters;
    b. Equipment limited by design or function to protect against
hazards specific to residential safety and civil industries, such as
mining, quarrying, agriculture, pharmaceuticals, medical,
veterinary, environmental, waste management, or to the food
industry.

* * * * *

0
16. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1A007 is amended by removing the License Requirement
Note and the last sentence in Technical Note 2.

0
17. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1A008 is added to read as follows:

1A008 Charges, devices and components, as follows (see List of Items
Controlled).

License Requirements

    Reason for Control: NS, AT, UN.

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.
AT applies to entire entry.............  AT Column 1.
UN applies to entire entry.............  Iraq, North Korea, and Rwanda.
------------------------------------------------------------------------

License Exceptions

    LVS: $3,000 for .a through .c, except N/A for Rwanda $6,000 for
.d, except N/A for Rwanda.
    GBS: N/A.
    CIV: N/A.

List of Items Controlled

    Unit: $ value.
    Related Controls: (1) All of the following are subject to the
export licensing jurisdiction of the Department of State,
Directorate of Defense Trade Controls (see 22 CFR part 121):
    a. High explosives and related equipment specially designed for
military use;
    b. Explosive devices or charges in this entry that utilize USML
controlled energetic materials (See 22 CFR 121.1 Category V), if
they have been specifically designed, developed, configured,
adapted, or modified for a military application;
    c. Shaped charges that have all of the following a uniform
shaped conical liner with an included angle of 90 degrees or less,
more than 2.0 kg of controlled materials, and a diameter exceeding
4.5 inches;
    d. Detonating cord containing greater than 0.1 kg per meter (470
grains per foot) of controlled materials;
    e. Cutters and severing tools containing greater than 10 kg of
controlled materials;
    f. With the exception of cutters and severing tools, devices or
charges controlled by this entry where the USML controlled materials
can be easily extracted without destroying the device or charge; and
    g. Individual USML controlled energetic materials in this entry,
even when compounded with other materials, when not incorporated
into explosive devices or charges controlled by this entry or 1C992.
    (2) See also ECCNs 1C011, 1C018, 1C111, and 1C239 for additional
controlled energetic materials. See ECCN1E001 for the
``development'' or ``production'' ``technology'' for the commodities
controlled by ECCN 1A008, but not for explosives or commodities that
are under the jurisdiction of U.S. Department of State, Directorate
of Defense Trade Controls.
    Related Definitions: N/A.
    Items:
    a. `Shaped charges' having all of the following:
    a.1. Net Explosive Quantity (NEQ) greater than 90 g; and
    a.2. Outer casing diameter equal to or greater than 75 mm;
    b. Linear shaped cutting charges having all of the following,
and specially designed components therefor:
    b.1. An explosive load greater than 40 g/m; and
    b.2. A width of 10 mm or more;
    c. Detonating cord with explosive core load greater than 64 g/m;
    d. Cutters, other than those specified by 1A008.b, and severing
tools, having a NEQ greater than 3.5 kg.

    Technical Note: `Shaped charges' are explosive charges shaped to
focus the effects of the explosive blast.

    Note: The only charges and devices specified in 1A008 are those
containing ``explosives'' (see list of explosives in the Annex at
the end of Category 1) and mixtures thereof.

* * * * *

0
18. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1B001 is amended by removing the phrase ``and/or'' and
adding in its place ``or'' in paragraph f.2 in the Items paragraph of
the List of Items Controlled section.

0
19. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1B003 is amended by revising the Heading, and
paragraph c. in the Items paragraph of the List of Items Controlled
section, to read as follows:

1B003 Tools, dies, molds or fixtures, for ``superplastic forming'' or
``diffusion bonding'' titanium, aluminum or their alloys, specially
designed for the manufacture of any of the following (see List of Items
Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    c. Specially designed components for structures specified by
1B003.a or for engines specified by 1B003.b.
* * * * *

0
20. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1C008 is amended by revising the Heading and the Items
paragraph of the List of Items Controlled section, to read as follows:

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

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Non-fluorinated polymeric substances, as follows:
    a.1. Bismaleimides;
    a.2. Aromatic polyamide-imides;
    a.3. Aromatic polyimides;

    a.4. Aromatic polyetherimides having a `glass transition
temperature (Tg)' exceeding 513K (240 [deg]C).

    Note: 1C008.a controls the substances in liquid or solid
``fusible'' form, including resin, powder, pellet, film, sheet,
tape, or ribbon.

    N.B. For non-``fusible'' aromatic polyimides in film, sheet,
tape, or ribbon form, see ECCN 1A003.
    b. Thermoplastic liquid crystal copolymers having a heat
distortion temperature exceeding 523 K (250 [deg]C) measured
according to ISO 75-2 (2004), method A, or national equivalents,
with a load of 1.80 N/mm\2\ and composed of:
    b.1. Any of the following:
    b.1.a. Phenylene, biphenylene or naphthalene; or
    b.1.b. Methyl, tertiary-butyl or phenyl substituted phenylene,
biphenylene or naphthalene; and
    b.2. Any of the following:
    b.2.a. Terephthalic acid;
    b.2.b. 6-hydroxy-2 naphthoic acid; or
    b.2.c. 4-hydroxybenzoic acid;
    c. [RESERVED]
    d. Polyarylene ketones;
    e. Polyarylene sulphides, where the arylene group is
biphenylene, triphenylene or combinations thereof;
    f. Polybiphenylenethersulphone having a `glass transition
temperature (Tg)' exceeding 513 K (240 [deg]C).

    Technical Note: The `glass transition temperature (Tg)' for
1C008 materials is determined using the method described in ISO
11357-2 (1999) or national equivalents.

* * * * *

0
21. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1C010 is amended by revising the Heading and the Items
paragraph in the List of Items Controlled section, to read as follows:

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

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. Organic ``fibrous or filamentary materials'', having all of
the following:
    a.1. A ``specific modulus'' exceeding 12.7 x 10 \6\ m; and
    a.2. A ``specific tensile strength'' exceeding 23.5 x 10\4\ m;

    Note: 1C010.a does not control polyethylene.

    b. Carbon ``fibrous or filamentary materials'', having all of
the following:
    b.1. A ``specific modulus'' exceeding 12.7 x 10 \6\ m; and
    b.2. A ``specific tensile strength'' exceeding 23.5 x 10 \4\ m;

    Technical Note: Properties for materials described in 1C010.b
should be determined using SACMA recommended methods SRM 12 to 17,
ISO 10618 (2004) 10.2.1 Method A or national equivalent tow tests,
and based on lot average.

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

    c. Inorganic ``fibrous or filamentary materials'', having all of
the following:
    c.1. A ``specific modulus'' exceeding 2.54 x 10 \6\ m; and
    c.2. A melting, softening, decomposition or sublimation point
exceeding 1,922 K (1,649 [deg]C) in an inert environment;

    Note: 1C010.c does not control:
    a. Discontinuous, multiphase, polycrystalline alumina fibers in
chopped fiber or random mat form, containing 3% by weight or more
silica, with a ``specific modulus'' of less than 10 x 10 6 m;
    b. Molybdenum and molybdenum alloy fibers;
    c. Boron fibers;
    d. Discontinuous ceramic fibers with a melting, softening,
decomposition or sublimation point lower than 2,043 K (1,770 [deg]C)
in an inert environment.

    d. ``Fibrous or filamentary materials'', having any of the
following:
    d.1. Composed of any of the following:
    d.1.a. Polyetherimides controlled by 1C008.a; or
    d.1.b. Materials controlled by 1C008.b to 1C008.f; or
    d.2. Composed of materials controlled by 1C010.d.1.a or
1C010.d.1.b and ``commingled'' with other fibers controlled by
1C010.a, 1C010.b or 1C010.c;
    e. Resin-impregnated or pitch-impregnated fibers (prepregs),
metal or carbon-coated fibers (preforms) or ``carbon fiber
preforms'', as follows:
    e.1. Made from ``fibrous or filamentary materials'' controlled
by 1C010.a, 1C010.b or 1C010.c;
    e.2. Made from organic or carbon ``fibrous or filamentary
materials'', having all the following:
    e.2.a. A ``specific tensile strength'' exceeding 17.7 x 10 \4\
m;
    e.2.b. A ``specific modulus'' exceeding 10.15 x 10\6\ m;
    e.2.c. Not controlled by 1C010.a or 1C010.b; and
    e.2.d. When impregnated with materials controlled by 1C008 or
1C009.b, having a `glass transition temperature (Tg)'
exceeding 383 K (110 C) or with phenolic or epoxy resins, having a
`glass transition temperature (Tg)' equal to or exceeding
418 K (145 [deg]C).

    Notes: 1C010.e does not control:
    1. Epoxy resin ``matrix'' impregnated carbon ``fibrous or
filamentary materials'' (prepregs) for the repair of ``civil
aircraft'' structures or laminates, in which the size of individual
sheets of prepreg does not exceed 100 cm x 100cm;
    2. Prepregs when impregnated with phenolic or epoxy resins
having a `glass transition temperature (Tg)' less than
433 K (160 [deg]C) and a cure temperature lower than the `glass
transition temperature'

    .Technical Note: The `glass transition temperature
(Tg)' for 1C010.e materials is determined using the
method described in ASTM D 3418 using the dry method. The `glass
transition temperature' for phenolic and epoxy resins is determined
using the method described in ASTM D 4065 at a frequency of 1 Hz and
a heating rate of 2 K (2 [deg]C) per minute using the dry method.

* * * * *

0
22. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1C018 is amended by revising the Related Controls and
Items paragraph in the List of Items Controlled section, to read as
follows:

1C018 Commercial Charges and Devices Containing Energetic Materials on
the Wassenaar Arrangement Munitions List and Certain Chemicals as
Follows (See List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: (1) Explosive devices or charges in paragraphs
.c through .k of this entry that utilize USML controlled energetic
materials (See 22 CFR 121.1 Category V) are subject to the licensing
authority of the U.S. Department of State, Directorate of Defense
Trade Controls if they have been specifically designed, developed,
configured, adapted, or modified for a military application. (2)
With the exception of slurries if the USML controlled materials
utilized in devices and charges controlled by paragraphs .c through
.k of this entry can be easily extracted without destroying the
device or charge, then they are subject to the export licensing
authority of the U.S. Department of State, Directorate of Defense
Trade Controls. (3) Commercial prefabricated slurries and emulsions
containing greater than 35% of USML controlled energetic materials
are subject to the export licensing authority of the U.S. Department
of State, Directorate of Defense Trade Controls. (4) The individual
USML controlled energetic materials in paragraphs .c through .k of
this entry, even when compounded with other materials, remain
subject to the export licensing authority of the Department of State
when not incorporated into explosive devices or charges controlled
by this entry or 1C992. (5) The chemicals in paragraphs .l and .m of
this entry, when incorporated into items listed on the United States
Munitions List, become subject to the licensing jurisdiction of the
U.S. Department of State, Directorate of Defense Trade Controls. (6)
See also ECCNs 1C011, 1C111, and 1C239 for additional controlled
energetic materials. (7) See ECCN 1C238 for additional controls on
chlorine trifluoride (ClF3). (8) See ECCN 1A008 for
shaped charges, detonating cord, and cutters and severing tools. (9)
See ECCN1E001 for the ``development'' or ``production''
``technology'' for the commodities controlled by ECCN 1C018, but not
explosives or energetic materials that are under the jurisdiction of
U.S. Department of State, Directorate of Defense Trade Controls.
    Related Definitions: * * *
    Items:
    a. [RESERVED]

    b. Shock tubes containing greater than 0.064 kg per meter (300
grains per foot), but not more than 0.1 kg per meter (470 grains per
foot) of controlled materials;
    c. Cartridge power devices containing greater than 0.70 kg, but
not more than 1.0 kg of controlled materials;
    d. Detonators (electric or nonelectric) and assemblies thereof
containing greater than 0.01 kg, but not more than 0.1 kg of
controlled materials;
    e. Igniters containing greater than 0.01 kg, but not more than
0.1 kg of controlled materials;
    f. Oil well cartridges containing greater than 0.015 kg, but not
more than 0.1 kg of controlled materials;
    g. Commercial cast or pressed boosters containing greater than
1.0 kg, but not more than 5.0 kg of controlled materials;
    h. Commercial prefabricated slurries and emulsions containing
greater than 10 kg and less than or equal to thirty-five percent by
weight of USML controlled materials;
    i. [RESERVED]
    j. Pyrotechnic devices when designed exclusively for commercial
purposes (e.g., theatrical stages, motion picture special effects,
and fireworks displays), and containing greater than 3.0 kg, but not
more than 5.0 kg of controlled materials; or
    k. Other commercial explosive devices and charges, not
controlled by 1C018.c through .g above, when used for commercial
applications and containing greater than 1.0 kg, but not more than
5.0 kg of controlled materials.
    l. Propyleneimine (2-methylaziridine) (CAS 75-55-8); or
    m. Any oxidizer or mixture thereof that is a compound composed
of fluorine and one or more of the following--other halogens,
oxygen, or nitrogen.

    Note: Nitrogen trifluoride (NF3) in a gaseous state
is controlled by ECCN 1C992 and not by 1C018.

    Note: National security is not a reason for control for chlorine
trifluoride.

    Note: If a chemical in paragraphs .1 or .m of 1C018 is
incorporated into a commercial charge or device described in
paragraphs .c through .k of ECCN 1C018 or in 1C992, the
classification of the commercial charge or device applies to the
item.

* * * * *

0
23. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1D003 is amended by:
0
a. Revising the Heading;
0
b. Adding ``RS'' after ``NS'' to the Reason for Control paragraph in
the License Requirements section;
0
c. Adding an RS Column 2 paragraph after the NS Column 2 paragraph in
the License Requirements section, to read as follows:

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

License Requirements

    Reason for Control: NS, RS, AT.

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.
RS applies to software for equipment     RS Column 2.
 controlled by 1A004.d.
AT applies to entire entry.............  AT Column 1.
------------------------------------------------------------------------

* * * * *

0
24. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1E001 is amended by:
0
a. Revising the Heading;
0
b. Adding ``RS'' after CB in the Reason for Control paragraph of the
License Requirements section;
0
c. Revising the NS Column 1 paragraph in the License Requirements
section; and
0
d. Adding a new RS Column 2 paragraph after the CB Column 2 paragraph
in the License Requirements section; and
0
e. Revising the Related Controls paragraph, to read as follows:

1E001 ``Technology'' According to the General Technology Note for the
``Development'' or ``Production'' of Items Controlled by 1A001.b,
1A001.c, 1A002, 1A003, 1A004, 1A005, 1A006.b, 1A007, 1A008, 1A101, 1B
(except 1B999), or 1C (except 1C355, 1C980 to 1C984, 1C988, 1C990,
1C991, 1C995 to 1C999).

License Requirements

    Reason for Control: NS, MT, NP, CB, RS, AT.

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to ``technology'' for items   NS Column 1.
 controlled by 1A001.b and .c, 1A002,
 1A003, 1A005, 1A006.b, 1A007, 1A008,
 1B001 to 1B003, 1B018, 1C001 to 1C011,
 or 1C018.

                                * * * * *
RS applies to technology for equipment   RS Column 2.
 controlled in 1A004.d.
------------------------------------------------------------------------

* * * * *

------------------------------------------------------------------------
               Control(s)                         Country Chart
------------------------------------------------------------------------
NS applies to ``technology'' for items   NS Column 1.
 controlled by 1A001.b and .c, 1A002,
 1A003, 1A005, 1A006.b, 1A007, 1A008,
 1B001 to 1B003, 1B018, 1C001 to 1C011,
 or 1C018.

                                * * * * *
RS applies to technology for equipment   RS Column 2.
 controlled in 1A004.d.
------------------------------------------------------------------------

* * * * *

List of Items Controlled

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

0
25. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1E002 is amended by revising the Heading and the Items
paragraph in the List of Items Controlled section, to read as follows:

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

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. ``Technology'' for the ``development'' or ``production'' of
polybenzothiazoles or polybenzoxazoles;
    b. ``Technology'' for the ``development'' or ``production'' of
fluoroelastomer compounds containing at least one vinylether
monomer;
    c. ``Technology'' for the design or ``production'' of the
following base materials or non-``composite'' ceramic materials:
    c.1. Base materials having all of the following:
    c.1.a. Any of the following compositions:
    c.1.a.1. Single or complex oxides of zirconium and complex
oxides of silicon or aluminum;
    c.1.a.2. Single nitrides of boron (cubic crystalline forms);
    c.1.a.3. Single or complex carbides of silicon or boron; or
    c.1.a.4. Single or complex nitrides of silicon;
    c.1.b. Any of the following total metallic impurities (excluding
intentional additions):
    c.1.b.1. Less than 1,000 ppm for single oxides or carbides; or
    c.1.b.2. Less than 5,000 ppm for complex compounds or single
nitrides; and
    c.1.c. Being any of the following:
    c.1.c.1. Zirconia with an average particle size equal to or less
than 1 [mu]m and no more than 10% of the particles larger than 5
[mu]m;
    c.1.c.2. Other base materials with an average particle size
equal to or less than 5 [mu]m and no more than 10% of the particles
larger than 10 [mu]m; or
    c.1.c.3. Having all of the following:
    c.1.c.3.a. Platelets with a length to thickness ratio exceeding
5;
    c.1.c.3.b. Whiskers with a length to diameter ratio exceeding 10
for diameters less than 2 [mu]m; and

    c.1.c.3.c. Continuous or chopped fibers less than 10 [mu]m in
diameter;
    c.2. Non-``composite'' ceramic materials composed of the
materials described in 1E002.c.1;

    Note: 1E002.c.2 does not control technology for the design or
production of abrasives.

    d. ``Technology'' for the ``production'' of aromatic polyamide
fibers;
    e. ``Technology'' for the installation, maintenance or repair of
materials controlled by 1C001;
    f. ``Technology'' for the repair of ``composite'' structures,
laminates or materials controlled by 1A002, 1C007.c or 1C007.d;

    Note: 1E002.f does not control ``technology'' for the repair of
``civil aircraft'' structures using carbon ``fibrous or filamentary
materials'' and epoxy resins, contained in aircraft manufacturers'
manuals.

    g. `Libraries' (parametric technical databases) specially
designed or modified to enable equipment to perform the functions of
equipment controlled under 1A004.c or 1A004.d.

    Technical Note: For the purpose of 1E002.g, `library'
(parametric technical database) means a collection of technical
information, reference to which may enhance the performance of
relevant equipment or systems.

* * * * *

0
26. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 is amended by adding to the end of this category an annex
that lists explosives to read as follows:

Annex to Category 1

List of Explosives (See ECCNs 1A004 and 1A008)

    1. ADNBF (aminodinitrobenzofuroxan or 7-amino-4,6-
dinitrobenzofurazane-1-oxide) (CAS 97096-78-1);
    2. BNCP (cis-bis (5-nitrotetrazolato) tetra amine-cobalt (III)
perchlorate) (CAS 117412-28-9);
    3. CL-14 (diamino dinitrobenzofuroxan or 5,7-diamino-4,6-
dinitrobenzofurazane-1-oxide) (CAS 117907-74-1);
    4. CL-20 (HNIW or Hexanitrohexaazaisowurtzitane) (CAS 135285-90-
4); chlathrates of CL-20;
    5. CP (2-(5-cyanotetrazolato) penta amine-cobalt (III)
perchlorate) (CAS 70247-32-4);
    6. DADE (1,1-diamino-2,2-dinitroethylene, FOX7);
    7. DATB (diaminotrinitrobenzene) (CAS 1630-08-6);
    8. DDFP (1,4-dinitrodifurazanopiperazine);
    9. DDPO (2,6-diamino-3,5-dinitropyrazine-1-oxide, PZO) (CAS
194486-77-6);
    10. DIPAM (3,3'-diamino-2,2',4,4',6,6'-hexanitrobiphenyl or
dipicramide) (CAS 17215-44-0);
    11. DNGU (DINGU or dinitroglycoluril) (CAS 55510-04-8);
    12. Furazans as follows:
    a. DAAOF (diaminoazoxyfurazan);
    b. DAAzF (diaminoazofurazan) (CAS 78644-90-3);
    13. HMX and derivatives, as follows:
    a. HMX (Cyclotetramethylenetetranitramine, octahydro-1,3,5,7-
tetranitro-1,3,5,7-tetrazine, 1,3,5,7-tetranitro-1,3,5,7-tetraza-
cyclooctane, octogen or octogene) (CAS 2691-41-0);
    b. difluoroaminated analogs of HMX;
    c. K-55 (2,4,6,8-tetranitro-2,4,6,8-tetraazabicyclo [3,3,0]-
octanone-3, tetranitrosemiglycouril or keto-bicyclic HMX) (CAS
130256-72-3);
    14. HNAD (hexanitroadamantane) (CAS 143850-71-9);
    15. HNS (hexanitrostilbene) (CAS 20062-22-0);
    16. Imidazoles as follows:
    a. BNNII (Octahydro-2,5-bis(nitroimino)imidazo [4,5-
d]imidazole);
    b. DNI (2,4-dinitroimidazole) (CAS 5213-49-0);
    c. FDIA (1-fluoro-2,4-dinitroimidazole);
    d. NTDNIA (N-(2-nitrotriazolo)-2,4-dinitroimidazole);
    e. PTIA (1-picryl-2,4,5-trinitroimidazole);
    17. NTNMH (1-(2-nitrotriazolo)-2-dinitromethylene hydrazine);
    18. NTO (ONTA or 3-nitro-1,2,4-triazol-5-one) (CAS 932-64-9);
    19. Polynitrocubanes with more than four nitro groups;
    20. PYX (2,6-Bis(picrylamino)-3,5-dinitropyridine) (CAS 38082-
89-2);
    21. RDX and derivatives, as follows:
    a. RDX (cyclotrimethylenetrinitramine, cyclonite, T4, hexahydro-
1,3,5-trinitro-1,3,5-triazine, 1,3,5-trinitro-1,3,5-triaza-
cyclohexane, hexogen or hexogene) (CAS 121-82-4);
    b. Keto-RDX (K-6 or 2,4,6-trinitro-2,4,6-triazacyclohexanone)
(CAS 115029-35-1);
    22. TAGN (triaminoguanidinenitrate) (CAS 4000-16-2);
    23. TATB (triaminotrinitrobenzene) (CAS 3058-38-6);
    24. TEDDZ (3,3,7,7-tetrabis(difluoroamine) octahydro-1,5-
dinitro-1,5-diazocine);
    25. Tetrazoles as follows:
    a. NTAT (nitrotriazol aminotetrazole);
    b. NTNT (1-N-(2-nitrotriazolo)-4-nitrotetrazole);
    26. Tetryl (trinitrophenylmethylnitramine) (CAS 479-45-8);
    27. TNAD (1,4,5,8-tetranitro-1,4,5,8-tetraazadecalin) (CAS
135877-16-6);
    28. TNAZ (1,3,3-trinitroazetidine) (CAS 97645-24-4);
    29. TNGU (SORGUYL or tetranitroglycoluril) (CAS 55510-03-7);
    30. TNP (1,4,5,8-tetranitro-pyridazino[4,5-d]pyridazine) (CAS
229176-04-9);
    31. Triazines as follows:
    a. DNAM (2-oxy-4,6-dinitroamino-s-triazine) (CAS 19899-80-0);
    b. NNHT (2-nitroimino-5-nitro-hexahydro-1,3,5-triazine) (CAS
130400-13-4);
    32. Triazoles as follows:
    a. 5-azido-2-nitrotriazole;
    b. ADHTDN (4-amino-3,5-dihydrazino-1,2,4-triazole dinitramide)
(CAS 1614-08-0);
    c. ADNT (1-amino-3,5-dinitro-1,2,4-triazole);
    d. BDNTA ([bis-dinitrotriazole]amine);
    e. DBT (3,3'-dinitro-5,5-bi-1,2,4-triazole) (CAS 30003-46-4);
    f. DNBT (dinitrobistriazole) (CAS 70890-46-9);
    g. NTDNA (2-nitrotriazole 5-dinitramide) (CAS 75393-84-9);
    h. NTDNT (1-N-(2-nitrotriazolo) 3,5-dinitrotriazole);
    i. PDNT (1-picryl-3,5-dinitrotriazole);
    j. TACOT (tetranitrobenzotriazolobenzotriazole) (CAS 25243-36-
1);
    33. ``Explosives'' not listed elsewhere in this list having a
detonation velocity exceeding 8,700 m/s, at maximum density, or a
detonation pressure exceeding 34 GPa (340 kbar);
    34. Organic ``explosives'' not listed elsewhere in this list
yielding detonation pressures of 25 GPa (250 kbar) or more that will
remain stable at temperatures of 523 K (250 [deg]C) or higher, for
periods of 5 minutes or longer;
    35. Nitrocellulose (containing more than 12.5% nitrogen);
    36. Nitroglycol;
    37. Pentaerythritol tetranitrate (PETN);
    38. Picryl chloride;
    39. 2,4,6-Trinitrotoluene (TNT);
    40. Nitroglycerine (NG);
    41. Triacetone Triperoxide (TATP);
    42. Guanidine nitrate;
    43. Nitroguanidine (NQ) (CAS 556-88-7).

0
27. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2, ECCN 2A983 is amended by removing and reserving paragraph b
in the Items paragraph of the List of Items Controlled.

0
28. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3 is amended by removing the last sentence in the Nota Bene
(``N.B.'').

0
29. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3. Electronics, Export Control Classification Number (ECCN)
3A001 is amended by:
0
a. Revising the GBS paragraph of the License Exception section; and
0
b. In the Items paragraph of the List of Items Controlled section:
0
1. Revising Note 2 in paragraph a;
0
2. Revising paragraphs a.7, a.10, b.8, introductory text of b.9, b.10,
introductory text of c, c.1, c.1.a, c.1.b.1, c.1.c.3, c.2, c.3, e.1
introductory text, e.1.b, e.4 introductory text, f introductory text,
and g.2.b introductory text; and
    The revisions and additions read as follows:
0
3. Adding paragraphs b.10 and h.

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

* * * * *

License Exceptions

* * * * *
    GBS: Yes for 3A001.a.1.b, a.2 to a.12 (except .a.5.a when
controlled for MT), b.2,

b.8 except for TWTAs exceeding 18 GHz), b.9., b.10, .g, and .h.
* * * * *

List of Items Controlled

* * * * *
    Items:
    a. * * *

    Note 2: Integrated circuits include the following types:
    --``Monolithic integrated circuits'';
    --``Hybrid integrated circuits'';
    --``Multichip integrated circuits'';
    --``Film type integrated circuits'', including silicon-on-
sapphire integrated circuits;
    --``Optical integrated circuits''.

* * * * *
    a.7. `Field programmable logic devices' having any of the
following:
    a.7.a. A maximum number of digital input/outputs greater than
200; or
    a.7.b. A system gate count of greater than 230,000;

    Note: 3A001.a.7 includes:
    --Simple Programmable Logic Devices (SPLDs),
    --Complex Programmable Logic Devices (CPLDs),
    --Field Programmable Gate Arrays (FPGAs),
    --Field Programmable Logic Arrays (FPLAs), and
    --Field Programmable Interconnects (FPICs).

    Technical Notes: 1. `Field programmable logic devices' are also
known as field programmable gate or field programmable logic arrays.
    2. Maximum number of digital input/outputs in 3A001.a.7.a is
also referred to as maximum user input/outputs or maximum available
input/outputs, whether the integrated circuit is packaged or bare
die.

* * * * *
    a.10. Custom integrated circuits for which the function is
unknown, or the control status of the equipment in which the
integrated circuits will be used is unknown to the manufacturer,
having any of the following:
    a.10.a. More than 1,500 terminals;
    a.10.b. A typical ``basic gate propagation delay time'' of less
than 0.02 ns; or
    a.10.c. An operating frequency exceeding 3 GHz;
* * * * *
    b. * * *
    b.8. Microwave power amplifiers containing tubes controlled by
3A001.b.1 and having all of the following:
    b.8.a. Operating frequencies above 3 GHz;
    b.8.b. An average output power to mass ratio exceeding 80 W/kg;
and
    b.8.c. A volume of less than 400 cm\3\;

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

* * * * *
    b.9. Microwave power modules (MPM) consisting of, at least, a
traveling wave tube, a microwave ``monolithic integrated circuit''
and an integrated electronic power conditioner and having all of the
following:
* * * * *
    b.10. Oscillators or oscillator assemblies, designed to operate
with all of the following:
    b.10.a. A single sideband (SSB) phase noise, in dBc/Hz, better
than -(126+20 log10F-20 log10f) for 10 Hz
10F-20 log10f) for 10 kHz <=
F < 500 kHz;

    Technical Note: In 3A001.b.10, F is the offset from the
operating frequency in Hz and f is the operating frequency in MHz.

    c. Acoustic wave devices as follows and specially designed
components therefor:
    c.1. Surface acoustic wave and surface skimming (shallow bulk)
acoustic wave devices, having any of the following:
    c.1.a. A carrier frequency exceeding 6 GHz;
    c.1.b. A carrier frequency exceeding 1 GHz, but not exceeding 6
GHz and having any of the following:
    c.1.b.1. A `frequency side-lobe rejection' exceeding 65 dB;
* * * * *
    c.1.c. * * *
    c.1.c.3. A `frequency side-lobe rejection' exceeding 65 dB and a
bandwidth greater than 100 MHz;

    Technical Note: `Frequency side-lobe rejection' is the maximum
rejection value specified in data sheet.

    c.2. Bulk (volume) acoustic wave devices that permit the direct
processing of signals at frequencies exceeding 6 GHz;
    c.3. Acoustic-optic ``signal processing'' devices employing
interaction between acoustic waves (bulk wave or surface wave) and
light waves that permit the direct processing of signals or images,
including spectral analysis, correlation or convolution;

    Note: 3A001.c does not control acoustic wave devices that are
limited to a single band pass, low pass, high pass or notch
filtering, or resonating function.

* * * * *
    e. * * *
    e.1. `Cells' as follows:
* * * * *
    e.1.b. `Secondary cells' having an `energy density' exceeding
250 Wh/kg at 293 K (20 [deg]C);
* * * * *
    e.4. Solar cells, cell-interconnect-coverglass (CIC) assemblies,
solar panels, and solar arrays, which are ``space qualified,''
having a minimum average efficiency exceeding 20% at an operating
temperature of 301 K (28 [deg]C) under simulated `AM0' illumination
with an irradiance of 1,367 Watts per square meter (W/m\2\);
* * * * *
    f. Rotary input type absolute position encoders having an
accuracy equal to or less (better) than  1.0 second of
arc;
    g. * * *
    g.2. * * *
    g.2.b. A peak (surge) current equal to or greater than 3,000 A;
* * * * *
    h. Solid-state power semiconductor switches, diodes, or
`modules', having all of the following:
    h.1. Rated for a maximum operating junction temperature greater
than 488 K (215 [deg]C);
    h.2. Repetitive peak off-state voltage (blocking voltage)
exceeding 300 V; and
    h.3. Continuous current greater than 1 A.

    Technical Note: For the purposes of 3A001.h, `modules' contain
one or more solid-state power semiconductor switches or diodes.

    Note 1: Repetitive peak off-state voltage in 3A001.h includes
drain to source voltage, collector to emitter voltage, repetitive
peak reverse voltage and peak repetitive off-state blocking voltage.

    Note 2: 3A001.h. includes:

--Junction Field Effect Transistors (JFETs)
--Vertical Junction Field Effect Transistors (VJFETs)
--Metal Oxide Semiconductor Field Effect Transistors (MOSFETs)
--Double Diffused Metal Oxide Semiconductor Field Effect Transistor
(DMOSFET)
--Insulated Gate Bipolar Transistor (IGBT)
--High Electron Mobility Transistors (HEMTs)
--Bipolar Junction Transistors (BJTs)
--Thyristors and Silicon Controlled Rectifiers (SCRs)
--Gate Turn-Off Thyristors (GTOs)
--Emitter Turn-Off Thyristors (ETOs)
--PiN Diodes
--Schottky Diodes

    Note 3: 3A001.h. does not apply to switches, diodes, or
`modules' incorporated into equipment designed for civil automobile,
civil railway, or ``civil aircraft'' applications.

* * * * *
0
30. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3, ECCN 3A002 is amended by revising paragraphs a.6, d.3.a,
and d.4 in the Items paragraph of the List of Items Controlled section
to read as follows:

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

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    a.6. Digital instrumentation data recorders using magnetic disk
storage technique and having all of the following:
* * * * *
    d. * * *
    d.3. * * *
    d.3.a. Less than 312 ps;
* * * * *
    d.4. A maximum synthesized frequency exceeding 3.2 GHz and
having all of the following:
    d.4.a. A single sideband (SSB) phase noise, in dBc/Hz, better
than - (126+20 log10F-20 log10f) for 10 Hz < F
< 10 kHz; and

    d.4.b. A single sideband (SSB) phase noise, in dBc/Hz, better
than - (114+20 log10F-20 log10f) for 10 kHz <=
F < 500 kHz;

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

* * * * *

0
31. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3, ECCN 3B001 is amended by adding a new note to paragraph a.1
and revising paragraph f.3 introductory text in the Items paragraph of
the List of Items Controlled section to read as follows:

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

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. * * *
    a.1. * * *

    Note: 3B001.a.1 includes atomic layer epitaxy (ALE) equipment.

* * * * *
    f.3. Equipment specially designed for mask making or
semiconductor device processing using direct writing methods, having
all of the following:
* * * * *

0
32. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 4, ECCN 4D001 is amended by revising the Heading, the License
Exception section, and the Items paragraph of the List of Items
Controlled section to read as follows:

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

* * * * *

License Exceptions

    CIV: N/A
    TSR: Yes, except for ``software'' for the ``development'' or
``production'' of commodities with an ``Adjusted Peak Performance''
(``APP'') exceeding 0.5 WT.
    APP: Yes to specific countries (see Sec.  740.7 of the EAR for
eligibility criteria)

List of Items Controlled

* * * * *
    Items:
    a. ``Software'' specially designed or modified for the
``development'', ``production'' or ``use'' of equipment or
``software'' controlled by 4A001 to 4A004, or 4D (except 4D980,
4D993 or 4D994).
    b. ``Software'', other than that controlled by 4D001.a,
specially designed or modified for the ``development'' or
``production'' of equipment as follows:
    b.1. ``Digital computers'' having an ``Adjusted Peak
Performance'' (``APP'') exceeding 0.1 Weighted TeraFLOPS (WT);
    b.2. ``Electronic assemblies'' specially designed or modified
for enhancing performance by aggregation of processors so that the
``APP'' of the aggregation exceeds the limit in 4D001.b.1.
* * * * *

0
33. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 4, ECCN 4D003 is amended by revising the Heading, the TSR
paragraph of the License Exception section, and the Related Controls
and Items paragraphs of the List of Items Controlled section to read as
follows:

4D003 ``Software'' having characteristics or performing functions
exceeding the limits in Category 5, Part 2 (``Information Security'').

* * * * *

License Exceptions

    CIV: * * *
    TSR: N/A

List of Items Controlled

    Unit: * * *
    Related Controls: See Category 5, Part 2 for the control status
of ``software'' in this entry. See also 4D993.
    Related Definitions: * * *
    Items:
    The list of items controlled is contained in the ECCN heading.
* * * * *

0
34. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 4, ECCN 4E001 is amended by revising the Heading, the TSR