[Federal Register Volume 59, Number 189 (Friday, September 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24242]


[[Page Unknown]]

[Federal Register: September 30, 1994]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 778 and 799

[Docket No. 940975-4275]

 

Missile Technology Control Regime (MTCR); Revisions to the CCL

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Export Administration (BXA) is amending the 
Export Administration Regulations (EAR) by revising certain entries of 
the Commerce Control List (CCL) to conform with changes to the Missile 
Technology Control Regime (MTCR) Equipment and Technology Annex. The 
MTCR is a multilateral forum; participating countries agree to control 
items contained on the Annex in order to limit proliferation of 
missiles capable of delivering weapons of mass destruction. Most of 
these revisions are based on technical consultations with MCTR 
countries held in September 1993, in London, and in December 1993, in 
Interlaken. Additionally, this rule makes other corrections and 
clarifications needed to make the CCL conform to the Annex. The 
revisions to the CCL made by this rule help to ensure that the items 
controlled by the United States in meeting its MTCR obligations are 
similar to those controlled by other MTCR participating countries.

EFFECTIVE DATE: This rule is effective September 30, 1994.

FOR FURTHER INFORMATION CONTACT: Bruce Webb, Office of Technology and 
Policy Analysis, Bureau of Export Administration, Telephone: (202) 482-
3806.

SUPPLEMENTARY INFORMATION:

Background

    This rule amends Part 778 to clarify missile technology licensing 
policy. Many of the changes to the Commerce Control List (CCL) made by 
this rule, directly reflecting changes in the MTCR Annex, consist of 
technical refinements that more precisely identify items controlled for 
missile technology reasons. The technical refinements in Category 1 
either change certain paragraphs or add clarifying notes.
    In other cases, the CCL has been brought into line where it had 
diverged from the Annex. In Category 3, 3A01.a.1.a replaces 3A01.a.1, 
and resulting changes occur in 3D21 and 3E01. As telemetering and 
telecontrol equipment (5A20) are the only items in Category 5 on the 
Annex, the missile technology designation was removed from the ``Reason 
for Control'' paragraph of any other Category 5 entries. The GLV value 
limit for 5A20 is now $0. Since 7A27 now specifically controls airborne 
passive sensors, the GLV limit for that entry becomes $0. ``Specially 
designed components'' have been added to some entries to conform to the 
Annex. Finally, typographical errors in the definitions supplement have 
been corrected.
    Although the Export Administration Act of 1979 (EAA) expired on 
August 20, 1994, the President invoked the International Emergency 
Economic Powers Act and determined that, to the extent permitted by 
law, the provisions of the EAA, as amended, shall be carried out under 
Executive Order 12924 of August 19, 1994, so as to continue in full 
force and effect and amend, as necessary, the export control system 
heretofore maintained by the Export Administration Regulations issued 
under the EAA.

Saving Clause

    Shipments of items removed from general license authorizations 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 pursuant to actual orders for export before 
September 30, 1994 may be exported under the previous general license 
provisions up to and including October 28, 1994. Any such items not 
actually exported before midnight October 28, 1994, require a validated 
export license in accordance with this regulation.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
purposes of E. O. 12866.
    2. This rule involves collections of information subject to the 
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These 
collections have been approved by the Office of Management and Budget 
under control numbers 0694-0005, 0694-0007, 0694-0010 and 0694-0023.
    3. This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism assessment under 
Executive Order 12612.
    4. Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule by section 
553 of the Administrative Procedure Act (5 U.S.C. 553) or by any other 
law, under section 3(a) of the Regulatory Flexibility Act (5 U.S.C. 
603(a) and 604(a)) no initial or final Regulatory Flexibility Analysis 
has to be or will be prepared.
    5. 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. Further, no other law requires that a 
notice of proposed rulemaking and an opportunity for public comment be 
given for this rule.
    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 Hillary 
Hess, Office of Technology and Policy Analysis, Bureau of Export 
Administration, Department of Commerce, P.O. Box 273, Washington, DC 
20044.

List of Subjects

15 CFR Part 778

    Exports, Nuclear energy, Reporting and recordkeeping requirements.

15 CFR Part 799

    Exports, Reporting and recordkeeping requirements.

    Accordingly, Parts 778 and 799 of the Export Administration 
Regulations (15 CFR Parts 730-799) are amended as follows:
    1. The authority citation for 15 CFR Part 778 continues to read as 
follows:

    Authority: Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et 
seq.), as amended; Pub. L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et 
seq.); Pub. L. 95-242, 92 Stat. 120 (22 U.S.C. 3201 et seq. and 42 
U.S.C. 2139a); Pub. L. 96-72, 93 Stat. 503 (50 U.S.C. App. 2401 et 
seq.), as amended; Pub. L. 102-484, 106 Stat. 2575 (22 U.S.C. 6004); 
E.O. 12002 of July 7, 1977 (42 FR 35623, July 7, 1977), as amended; 
E.O. 12058 of May 11, 1978 (43 FR 20947, May 16, 1978); E.O. 12214 
of May 2, 1980 (45 FR 29783, May 6, 1980); E.O. 12730 of September 
30, 1990 (55 FR 40373, October 2, 1990), as continued by Notice of 
September 25, 1992 (57 FR 44649, September 28, 1992); E.O. 12735 of 
November 16, 1990 (55 FR 48587, November 20, 1990), as continued by 
Notice of November 12, 1993 (58 FR 60361, November 15, 1993); and 
E.O. 12924 of August 19, 1994 (59 FR 43437, August 23, 1994).

    2. The authority citation for 15 CFR Part 799 continues to read as 
follows:

    Authority: Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et 
seq.), as amended; sec. 101, Pub. L. 93-153, 87 Stat. 576 (30 U.S.C. 
185), as amended; sec. 103, Pub. L. 94-163, 89 Stat. 877 (42 U.S.C. 
6212), as amended; secs. 201 and 201(11)(e), Pub. L. 94-258, 90 
Stat. 309 (10 U.S.C. 7420 and 7430(e)), as amended; Pub. L. 95-223, 
91 Stat. 1626 (50 U.S.C. 1701 et seq.); Pub. L. 95-242, 92 Stat. 120 
(22 U.S.C. 3201 et seq. and 42 U.S.C. 2139a); sec. 208, Pub. L. 95-
372, 92 Stat. 668 (43 U.S.C. 1354); Pub. L. 96-72, 93 Stat. 503 (50 
U.S.C. App. 2401 et seq.), as amended; Pub. L. 102-484, 106 Stat. 
2575 (22 U.S.C. 6004); sec. 125, Pub. L. 99-64, 99 Stat. 156 (46 
U.S.C. 466c); E.O. 11912 of April 13, 1976 (41 FR 15825, April 15, 
1976); E.O. 12002 of July 7, 1977 (42 FR 35623, July 7, 1977), as 
amended; E.O. 12058 of May 11, 1978 (43 FR 20947, May 16, 1978); 
E.O. 12214 of May 2, 1980 (45 FR 29783, May 6, 1980); E.O. 12735 of 
November 16, 1990 (55 FR 48587, November 20, 1990), as continued by 
Notice of November 12, 1993 (58 FR 60361, November 15, 1993); E.O. 
12867 of September 30, 1993 (58 FR 51747, October 4, 1993); E.O. 
12868 of September 30, 1993 (58 FR 51749, October 4, 1993); E.O. 
12918 of May 26, 1994 (59 FR 28205, May 31, 1994); and E.O. 12924 of 
August 19, 1994 (59 FR 43437, August 23, 1994).

PART 778--[AMENDED]

    3. Section 778.7 is amended by revising paragraphs (a)(1) and 
(d)(1) to read as follows:


Sec. 778.7  Equipment and related technical data used in the design, 
development, production or use of missiles.

* * * * *
    (a) * * *
    (1) Items subject to missile delivery systems controls.The items 
that require a validated license because they are subject to foreign 
policy controls on missile delivery systems are contained within ECCNs 
designated by ``MT'' in the Reason for Control paragraph. Exporters 
should consult that paragraph in each ECCN to determine the specific 
item subject to these foreign policy controls.
* * * * *
    (d) Licensing policy. (1) Applications to export the items will be 
considered on a case-by-case basis to determine whether the export 
would make a material contribution to the proliferation of missiles. 
Applications for exports of items controlled for MT by CCL category 7A 
or by ECCN 9A21 will be considered more favorably if such exports are 
determined to be destined to a manned aircraft, satellite, land vehicle 
or marine vessel, in quantities appropriate for replacement parts for 
such applications. When an export is deemed to make a material 
contribution to the proliferation of missiles, the license will be 
denied.
* * * * *
    4. In Supplement No. 1 to section 799.1 (the Commerce Control 
List), the following entries are revised as set forth below:
    A. In Category 1, Materials: ECCNs 1A22B, 1A27B, 1B01A, 1B21B, 
1C27B, 1C31B and 1D02A;
    B. In Category 2, Materials Processing: ECCN 2B50B;
    C. In Category 3, Electronics: ECCNs 3A22B, 3D21B and 3E01A;
    D. In Category 4, Computers: 4A21B;
    E. In Category 5, Telecommunications and ``Information Security'': 
ECCNs 5D01A, 5D02A, 5E01A and 5A20B;
    F. In Category 6, Sensors: ECCN 6A29B;
    G. In Category 7, Avionics and Navigation: ECCNs 7A04A, 7A23B, 
7A27B, and 7D24B; and
    H. In Category 9, Propulsion Systems and Transport Equipment: ECCNs 
9A21B, 9B26B and 9B27B.
    The following entries are amended by revising the requirements 
section, as set forth below:
    A. In Category 1, Materials, ECCN 1A02A;
    B. In Category 3, Electronics: ECCN 3A01A;
    C. In Category 5, Telecommunications and ``Information Security'': 
ECCNs 5A01A and 5D03A; and
    D. In Category 7, Avionics and Navigation: ECCNs 7A01A, 7A03A, 
7A21B, and 7A26B.
    The following entries are amended by revising the heading and the 
requirements section, as set forth below:
    In Category 7, Avionics and Navigation: ECCNs 7A06A, 7A24B, 7B03A 
and 7B22B.
    The revisions and amendments read as follows:


1A02A  ``Composite'' structures or laminates.

Requirements

Validated License Required: QSTVWYZ
Unit: Kilograms
Reason for Control: NS, MT (see Note)
GLV: $1,500
GCT: Yes, except MT (see Note)
GFW: No

    Note: MT controls apply to composite structures that are 
specially designed for ``missile'' applications (including specially 
designed subsystems and components).
* * * * *


1A22B  Other ``composite'' structures or laminates usable in 
``missile'' systems.

Requirements

Validated License Required: QSTVWYZ
Reason for Control: MT
GLV: $1,500
GCT: No
GFW: No

List of Items Controlled

    a. Composite structures, laminates and manufactures thereof, 
including resin impregnated fiber prepregs and metal coated fiber 
preforms, made either with organic matrix or metal matrix utilizing 
fibrous or filamentary reinforcements having a specific tensile 
strength greater than 7.62 x 10\4\ m (3 x 10\6\ inches) and a specific 
modulus greater than 3.18 x 10\6\ m (1.25 x 10\8\ inches);

    Note: The only resin impregnated fiber prepregs specified in 
1A22.a are those using resins with a glass transition temperature 
(Tg), after cure, exceeding 145 deg.C as determined by ASTM 
D4065 or national equivalents.

    b. Resaturated pyrolized (i.e., carbon-carbon) materials designed 
for rocket systems.


1A27B  Maraging steels (steels generally characterized by high nickel, 
very low carbon content and the use of substitutional elements or 
precipitates to produce age-hardening), other than those controlled by 
1A47 below, having an Ultimate Tensile Strength of 1.5 x 10\9\ N/m\2\ 
(Pa) or greater measured at 20 deg. C, in the form of sheet, plate, or 
tubing with a wall or plate thickness equal to or less than 5.0 mm (0.2 
inch).

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: MT
GLV: $0
GCT: No
GFW: No


1B01A  Equipment for the production of fibers, prepregs, preforms or 
composites controlled by 1A02 or 1C10, as follows, and specially 
designed components and accessories therefor:

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: NS, MT, NP (see Notes)
GLV: $0 for 1B01.a; $5,000 for all other items
GCT: Yes, except MT and NP (see Notes)
GFW: No
GNSG: No

    Notes: 1. MT controls apply to all items described in this 
entry, except those in 1B01.d.4.

    2. NP controls apply to the following items:
    a. Filament winding machines described in 1B01.a that are capable 
of winding cylindrical rotors having a diameter between 75 mm (3 in.) 
and 400 mm (16 in.) and lengths of 600 mm (24 in.) or greater; and
    b. Coordinating and programming controls and precision mandrels for 
these filament winding machines.

List of Items Controlled

    a. Filament winding machines of which the motions for positioning, 
wrapping and winding fibers can be coordinated and programmed in three 
or more axes, specially designed for the manufacture of ``composite'' 
structures or laminates from ``fibrous or filamentary materials'';
    b. Tape-laying or tow-placement machines of which the motions for 
positioning and laying tape, tows or sheets can be coordinated and 
programmed in two or more axes, specially designed for the manufacture 
of ``composite'' airframe or ``missile'' structures;
    c. Multi-directional, multidimensional weaving machines or 
interlacing machines, including adapters and modification kits, for 
weaving, interlacing or braiding fibers to manufacture ``composite'' 
structures, except textile machinery not modified for the above end-
uses;
    d. Equipment specially designed or adapted for the production of 
``fibrous or filamentary materials'', as follows:
    d.1. Equipment for converting polymeric fibers (such as 
polyacrylonitrile, rayon, pitch or polycarbosilane) into carbon fibers 
or silicon carbide fibers, including special equipment to strain the 
fiber during heating;
    d.2. Equipment for the chemical vapor deposition of elements or 
compounds on heated filamentary substrates to manufacture silicon 
carbide fibers;
    d.3. Equipment for the wet-spinning of refractory ceramics (such as 
aluminum oxide);
    d.4. Equipment for converting aluminum containing precursor fibers 
into alumina fibers by heat treatment;
    e. Equipment for producing prepregs controlled by 1C10.e by the hot 
melt method;
    f. Non-destructive inspection equipment capable of inspecting 
defects three dimensionally, using ultrasonic or X-ray tomography and 
specially designed for ``composite'' materials;
    Related ECCNs: See 1B21B for MT controls on equipment, not 
controlled by 1B01A, for the production of fibers, prepregs, preforms, 
or composites. See 1B41B for NP controls on filament winding machines 
not controlled by 1B01A.


1B21B   Other equipment for the production of fibers, prepregs, 
preforms or composites.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: MT
GLV: $0
GCT: No
GFW: No

List of Items Controlled

    Equipment for the production of structural composites usable in 
``missiles'', as follows:
    a. Equipment designed or modified for special fiber surface 
treatment or for producing prepregs and preforms, not controlled by 
1B01.
    b. Filament winding machines, not controlled by 1B01, of which the 
motions for positioning, wrapping and winding fibers can be coordinated 
and programmed in three or more axes, designed for the manufacture of 
``composite'' structures or laminates from ``fibrous or filamentary 
materials''.
    c. Tape-laying machines, not controlled by 1B01, of which the 
motions for positioning and laying tape or sheets can be coordinated 
and programmed in two or more axes, designed for the manufacture of 
``composite'' airframe or ``missile'' structures.
    d. Equipment designed or modified for the production of ``fibrous 
or filamentary materials'', not controlled by 1B01, as follows:
    d.1. Equipment for converting polymeric fibers (such as 
polyacrylonitrile, rayon, or polycarbosilane) including special 
equipment to strain the fiber during heating;
    d.2. Equipment for the chemical vapor deposition of elements or 
compounds on heated filament substrates; and
    d.3. Equipment for the wet-spinning of refractory ceramics (such as 
aluminum oxide).

    Note: Equipment covered by 1B21.a includes but is not limited to 
rollers, tension stretchers, coating equipment, cutting equipment, 
and clicker dies.


1C27B   Other ceramic or graphite materials usable in ``missile'' 
systems.

Requirements

Validated License Required: QSTVWYZ
Unit: Kilograms
Reason for Control: MT
GLV: $5,000
GCT: No
GFW: No

List of Items Controlled

    a. Fine grain recrystallized bulk graphites (with a bulk density of 
at least 1.72 g/cc measured at 15 deg. C and having a particle size of 
100 x 10-6 m (100 microns) or less), pyrolytic, or fibrous 
reinforced graphites usable for rocket nozzles and reentry vehicle nose 
tips.
    b. Ceramic composite materials not controlled by 1C07 (dielectric 
constant less than 6 at frequencies from 100 Hz to 10,000 MHz) for use 
in missile radomes, and bulk machinable silicon-carbide reinforced 
unfired ceramic usable for nose tips.


1C31B   Propellants, constituent chemicals, and polymeric substances 
for propellants.

Requirements

Validated License Required: QSTVWYZ
Unit: Kilograms
Reason for Control: MT
GLV: $0
GCT: No
GFW: No

List of Items Controlled

    a. Propulsive substances:
    a.1 Spherical aluminum powder, as follows:
    a.1.a. Spherical aluminum powder with particles of uniform diameter 
less than 500 x 10-6 m (500 microns), but greater than 60 x 
10-6 m (60 microns), and an aluminum content of 97 percent by 
weight or greater;
    a.1.b. Spherical aluminum powder with particles of uniform diameter 
60 x 10-6 m (60 microns) or less, and an aluminum content of 97 
percent by weight or greater, but less than 99 percent;
    a.2. Metal fuels containing beryllium, boron, magnesium, zirconium, 
or alloys of boron, magnesium, or zirconium, as follows:
    a.2.a. Metal fuels in particle sizes less than 500 x 10-6 m 
(500 microns), but equal to or greater than 60 x 10-6 m (60 
microns), whether spherical, atomized, spheroidal, flaked or ground, 
consisting of 97 percent by weight or more of beryllium, boron, 
magnesium, zirconium, and alloys of boron, magnesium, or zirconium;
    a.2.b. Metal fuels in particle sizes less than 60 x 10-6 m (60 
microns), whether spherical, atomized, spheroidal, flaked or ground, 
consisting of 97 percent by weight or more, but less than 99 percent, 
of beryllium, boron, magnesium, zirconium, and alloys of boron, 
magnesium, or zirconium;
    a.3. Metal fuels in particle sizes less than 500 x 10-6 m (500 
microns), whether spherical, atomized, spheroidal, flaked or ground, 
consisting of 97 percent by weight or more of misch metal, zinc, or 
alloys of beryllium or alloys of zinc;
    a.4. Liquid oxidizers, as follows:
    a.4.a. Dinitrogen trioxide;
    a.4.b. Nitrogen dioxide/dinitrogen tetroxide;
    a.4.c. Dinitrogen pentoxide.
    b. Polymeric substances:
    b.1. Carboxy-terminated polybutadiene (CTPB);
    b.2. Commercial grade Hydroxy-terminated polybutadiene (HTPB);

    Note: Military grade (i.e., Hydroxy-terminated polybutadiene 
(HTPB) with a hydroxyl functionality greater than or equal to 2.2 
but less than or equal to 2.4, a hydroxyl value of less than 0.77 
meq/g, and a viscosity at 30 deg.C of less than 47 poise) is 
controlled by the Office of Defense Trade Controls, U.S. Department 
of State (see Category V of the USML (22 CFR part 121)).

    b.3. Polybutadiene-acrylic acid (PBAA);
    b.4. Polybutadiene-acrylic acid-acrylonitrile (PBAN).
    c. Other propellant additives and agents:
    c.1. Burning rate modifiers as follows: Butacene;
    c.2. Nitrate esters and nitrato plasticizers as follows:
    c.2.a. Triethylene glycol dinitrate (TEGDN);
    c.2.b. Trimethylolethane trinitrate (TMETN);
    c.2.c. Diethylene glycol dinitrate (DEGDN);
    c.3. Stabilizers, as follows: 2-nitrodiphenylamine.

    Note: The following materials are controlled by the U.S. 
Department of State, Office of Defense Trade Controls (DTC) (see 
Category V of the USML):

    1. Spherical aluminum powder with particles of uniform diameter 60 
x 10-6 m (60 microns) or less and an aluminum content of 99 
percent or greater;
    2. Metal fuels in particle sizes less than 60 x 10-6 m (60 
microns), whether spherical, atomized, spheroidal, flaked or ground, 
manufactured from material consisting of 99 percent or more of the 
following:
    a. Boron;
    b. Magnesium;
    c. Zirconium;
    d. Alloys of boron, magnesium, or zirconium;
    e. Beryllium; or
    f. Iron powder with average particle size of 3 x 10-6 m (3 
microns) or less produced by hydrogen reduction of iron oxide.

    N.B.: The metals and alloys listed in paragraphs (1) and (2) of 
the above Note are controlled by DTC whether or not encapsulated in 
aluminum, beryllium, magnesium, or zirconium.


1D02A   ``Software'' for the ``development'' of organic ``matrix'', 
metal ``matrix'' or carbon ``matrix'' laminates or ``composites''.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: NS, MT
GTDR: No
GTDU: No

    Note: MT controls apply to ``software'' specially designed or 
modified for the ``development'' of ``composites'' controlled by 1A, 
1B or 1C for Missile Technology reasons.


2B50B   Spin-forming and flow-forming machines and precision rotor-
forming mandrels, and specially designed components therefor.

Requirements

Validated License Required: QSTVWYZ
Unit: Number; $ value for parts and accessories
Reason for Control: NP, MT (see Note)
GLV: $0
GCT: No
GFW: No
GNSG: Yes

    Note: MT controls apply to items described by 2B50.a, except 
those that are not usable in the production of propulsion components 
and equipments (e.g., motor cases) for ``missile'' systems.

List of Items Controlled

    a. Spin-forming and flow-forming machines, and specially designed 
components therefor, that:
    a.1. According to the manufacturer's technical specifications, can 
be equipped with ``numerical control'' units or a computer control; and
    a.2. Have two or more axes that can be coordinated simultaneously 
for ``contouring control'';
    b. Precision rotor-forming mandrels designed to form cylindrical 
rotors of inside diameter between 75 mm (3 in.) and 400 mm (16 in.).

    Note: The only spin-forming machines controlled by this ECCN 
2B50B are those combining the functions of spin-forming and flow-
forming.


3A01A   Electronic devices and components.

Requirements

Validated License Required: QSTVWYZ
Unit: Number
Reason for Control: NS, MT, NP (see Notes)
GLV: $1,500: 3A01.c $3,000: 3A01.b.1 to b.3, 3A01.d to 3A01.f $5,000: 
3A01.a, 3A01.b.4 to b.7
GCT: Yes, except 3A01.a.1.a. and 3A01.e.5 (see Notes)
GFW: Yes, except 3A01.a.1.a., 3A01.b.1 and b.3 to b.7, 3A01.c to f
GNSG: Yes, except Bulgaria, Romania, or Russia, for 3A01.e.5 only (see 
Notes)

    Notes: 1. MT controls apply to 3A01.a.1.a. 2. NP controls apply 
to 3A01.e.5.
* * * * *


3A22B   Accelerators capable of delivering electromagnetic radiation 
produced by ``bremsstrahlung'' from accelerated electrons of 2 MeV or 
greater and systems containing those accelerators, excluding that 
equipment specially designed for medical purposes.

Requirements

Validated License Required: QSTVWYZ
Unit: Number
Reason for Control: MT
GLV: $5,000
GCT: No
GFW: No

3D21B   ``Software'' specially designed for the ``development'' or 
``production'' of items controlled by 3A01.a.1.a.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: MT
GTDR: No
GTDU: No


3E01A   Technology according to the General Technology Note for the 
``development'' or ``production'' of equipment or materials controlled 
by 3A01, 3A02, 3B01, 3C01, 3C02, 3C03, or 3C04.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: NS and MT (see Notes)
GTDR: Yes, except 3A01.a.1.a. (see Notes)
GTDU: No

    Notes: 1. MT controls apply to technology specially designed for 
the ``development'' or ``production'' of items described in 
3A01.a.1.a.

    2. 3E01 does not control technology for the ``development'' or 
``production'' of:
    a. Microwave transistors operating at frequencies below 31 GHz;
    b. Integrated circuits controlled by 3A01.a.3 to a.11, having both 
of the following characteristics:
    1. Using technology of one micrometer or more, and
    2. Not incorporating multi-layer structures.

    N.B.: This Note does not preclude the export of multilayer 
technology for devices incorporating a maximum of two metal layers 
and two polysilicon layers.


4A21B  Analog computers, digital computers, or digital differential 
analyzers designed or modified for use in ``missiles'' not controlled 
by 4A01 and having either of the following characteristics: rated for 
continuous operation at temperatures from below -45 deg. C to above 
+55 deg. C; or designed as ruggedized or ``radiation hardened''.

Requirements

Validated License Required: QSTVWYZ
Unit: Number
Reason For Control: MT
GLV: $0
GCT: No
GFW: No


5A01A  Any type of telecommunications equipment having any of the 
following characteristics, functions or features:

Requirements

Validated License Required: QSTVWYZ
Unit: Equipment in Number, Parts and Accessories in $ Value
Reason For Control: NS
GLV: $0
GCT: No
GFW: No
* * * * *


5D01A  ``Software'' specially designed or modified for the 
``development'', ``production'' or ``use'' of equipment or materials 
controlled by telecommunications entries 5A01, 5A02, 5A03, 5A04, 5A05, 
5A06, 5B01, 5B02, or 5C01.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason For Control: NS
GTDR: Yes
GTDU: No


5D02A  ``Software'' specially designed or modified to support 
``technology'' controlled by telecommunications entries 5E01 or 5E02.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason For Control: NS
GTDR: Yes
GTDU: No


5D03A  Specific ``software'' as described in this entry.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason For Control: NS
GTDR: Yes
GTDU: No
* * * * *


5E01A  Technology according to the General Technology Note for the 
``development'', ``production'' or ``use'' (excluding operation) of 
equipment, systems, materials or ``software'' controlled by the 
telecommunications entries in 5A, 5B, 5C, or 5D.

Requirements

Validated License Required: QSTVWYZ
Reason For Control: NS
GTDR: Yes
GTDU: No


5A20B  Telemetering and telecontrol equipment usable as launch support 
equipment for unmanned air vehicles or rocket systems.

Requirements

Validated License Required: QSTVWYZ
Unit: Equipment in Number
Reason For Control: MT
GLV: $0
GCT: No
GFW: No


6A29B  Precision tracking systems.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: MT
GLV: $5,000
GCT: No
GFW: No

List of Items Controlled

    a. Tracking systems that use a code translator installed on the 
rocket or unmanned air vehicle in conjunction with either surface or 
airborne references or navigation satellite systems to provide real-
time measurements of in-flight position and velocity;
    b. Range instrumentation radars including associated optical/
infrared trackers with the following capabilities:
    b.1. Angular resolution better than 0.5 milliradians RMS;
    b.2. A range of 30 km or greater, with a range resolution better 
than 10 meters RMS; and
    b.3. Velocity resolution better than 3 meters per second.


7A01A  Accelerometers designed for use in inertial navigation or 
guidance systems and having any of the following characteristics, and 
specially designed components therefor.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: NS, MT (see Note)
GLV: $5,000
GCT: No
GFW: No

    Note: MT controls do not apply to accelerometers that are 
specially designed and developed as MWD (Measurement While Drilling) 
Sensors for use in downhole well service applications.
* * * * *


7A03A  Inertial navigation systems and inertial equipment for 
``aircraft'', and specially designed components therefor.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: NS, MT (see Note)
GLV: $5,000
GCT: No
GFW: No

    Note: Inertial navigation systems and inertial equipment, and 
specially designed components therefor specifically designed, 
modified or configured for military use are controlled by the Office 
of Defense Trade Controls, U.S. Department of State (see the 
Munitions List, Category VIII).
* * * * *


7A04A  Gyro-astro compasses, and other devices that derive position or 
orientation by means of automatically tracking celestial bodies or 
satellites, with an azimuth accuracy of equal to or less (better) than 
5 seconds of arc; and specially designed components therefor.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: NS, MT
GLV: $5,000
GCT: No
GFW: No
    Related ECCNs: See 7A24B for MT controls on gyro-astro compasses 
not controlled by 7A04A.


7A06A  Airborne altimeters operating at frequencies other than 4.2 to 
4.4 GHz inclusive, and specially designed components therefor, having 
either of the following characteristics:

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: NS, MT
GLV: $5,000
GCT: No
GFW: No
* * * * *


7A21B  Accelerometers, designed for use in inertial navigation systems 
or in guidance systems of all types, having the characteristics of 
either 7A21.a or 7A21.b; and specially designed components therefor.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: MT (see Note)
GLV: $5,000
GCT: No
GFW: No

    Note: MT controls do not apply to accelerometers that are 
specially designed and developed as MWD (Measurement While Drilling) 
Sensors for use in downhole well service applications.
* * * * *


7A23B  Inertial or other equipment using accelerometers or gyros 
described in 7A21B or 7A22B, and systems incorporating such equipment; 
and specially designed components therefor.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: MT (see Note)
GLV: $5,000
GCT: No
GFW: No

    Note: Inertial navigation systems and inertial equipment, and 
specially designed components therefor, specifically designed, 
modified or configured for military use are controlled by the Office 
of Defense Trade Controls, U.S. Department of State (see the 
Munitions List, Category VIII).


7A24B  Other gyro-astro compasses and other devices, and specially 
designed components therefor.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: MT
GLV: $5,000
GCT: No
GFW: No
* * * * *


7A26B  Avionics equipment and components usable in ``missile'' systems.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: MT
GLV: $5,000
GCT: No
GFW: No
* * * * *


7A27B  Airborne passive sensors for determining bearing to specific 
electromagnetic sources (direction finding equipment) or terrain 
characteristics.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: MT
GLV: $0
GCT: No
GFW: No


7B03A Equipment specially designed for the production of equipment 
controlled by 7A for national security reasons, and specially designed 
components therefor, including:

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: NS, MT
GLV: $3,000
GCT: No
GFW: No
* * * * *


7B22B  Reflectometers and specially designed test, calibration, and 
alignment equipment and ``production equipment'', and specially 
designed components therefor, for the production of items controlled by 
7A and 7B for national security or missile technology reasons and 
specially designed components therefor.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: MT
GLV: $3,000
GCT: No
GFW: No
* * * * *


7D24B  Software ``specially designed'' for the ``development,'' 
``production,'' or ``use'' of commodities controlled by 7A21B, 7A22B, 
7A23B, 7A24B, 7A25B, 7A26B, 7A27B, 7B01A, 7B02A, 7B03A, and 7B22B for 
missile technology reasons.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: MT
GTDR: No
GTDU: No

    Note: Software for inertial navigation systems and inertial 
equipment, and specially designed components therefor, not certified 
for use on ``civil aircraft'' by civil aviation authorities of a 
COCOM country is controlled by the Office of Defense Trade Controls, 
U.S. Department of State (see the Munitions List, Category VIII).


9A21B  Gas turbine aero engines not controlled by 9A01, uncertified or 
certified, having both a maximum thrust value greater than 1000N 
(achieved un-installed), excluding civil certified engines with a 
maximum thrust value greater than 8,890N (achieved un-installed), and 
specific fuel consumption of 0.13kg/N/hr or less (at sea level static 
and standard conditions).

    Note: Engines designed or modified for ``missiles'' (except 
engines for non-military unmanned air vehicles [UAV's] or remotely 
piloted vehicles [RPV's]), regardless of thrust or specific fuel 
consumption, are controlled by the Office of Defense Trade Controls, 
U.S. Department of State.

Requirements

Validated License Required: QSTVWYZ
Unit: Number for engines, $ Value for parts and accessories.
Reason for Control: MT
GLV: $5,000
GCT: No
GFW: No


9B26B  Other vibration test equipment, as follows:

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: MT
GLV: $3,000
GCT: No
GFW: No

List of Items Controlled

    a. Vibration test systems and components therefor, as follows:
    a.1. Vibration test systems employing feedback or closed loop 
techniques and incorporating a digital controller, capable of vibrating 
a system at 10 g RMS or more over the entire range 20 Hz to 2,000 Hz 
and imparting forces of 50 kN (11,250 lbs.), measured ``bare table'', 
or greater;
    a.2. Digital controllers, combined with specially designed 
vibration test software, with a real-time bandwidth greater than 5 kHz 
and designed for use with vibration test systems described in 9B26.a.1;
    a.3. Vibration thrusters (shaker units), with or without associated 
amplifiers, capable of imparting a force of 50 kN (11,250 lbs.), 
measured ``bare table'', or greater, and usable in vibration test 
systems described in 9B26.a.1;
    a.4. Test piece support structures and electronic units designed to 
combine multiple shaker units into a complete shaker system capable of 
providing an effective combined force of 50 kN, measured ``bare 
table'', or greater, and usable in vibration test systems described in 
9B26a.1.

    Note: The term ``digital control'' refers to equipment, the 
functions of which are, partly or entirely, automatically controlled 
by stored and digitally coded electrical signals.

    b. Environmental chambers and anechoic chambers
    b.1. Environmental chambers and anechoic chambers capable of 
simulating the following flight conditions:
    b.1.a. Altitude of 15,000 meters or greater; or
    b.1.b. Temperature of at least minus 50 degrees C to plus 125 
degrees C; and either
    b.1.c. Vibration environments of 10 g RMS or greater between 20 Hz 
and 2,000 Hz imparting forces of 5 kN or greater, for environmental 
chambers; or
    b.1.d. Acoustic environments at an overall sound pressure level of 
140 dB or greater (referenced to 2 x 10-5 N per square meter) or 
with a rated power output of 4 kilowatts or greater, for anechoic 
chambers.


9B27B  Test benches or stands that have the capacity to handle solid or 
liquid propellant rockets or rocket motors of more than 90 KN (20,000 
lbs.) of thrust, or that are capable of simultaneously measuring the 
three axial thrust components.

Requirements

Validated License Required: QSTVWYZ
Unit: $ Value
Reason for Control: MT
GLV: $5,000
GCT: No
GFW: No
    5. In Supplement No. 3 to Section 799.1 (the Commerce Control 
List), the definition of ``missiles'' is amended by revising ``30 
kilometers'' to read ``300 kilometers.''
    6. In Supplement No. 3 to Section 799.1 (the Commerce Control 
List), the definition of ``principle element'' is revised to read as 
follows:

Supplement No. 3 to Sec. 799.1

DEFINITIONS

* * * * *
    Principal element (Cat 4)--An element is a ``principal element'' 
when its replacement value is more than 35% of the total value of 
the system of which it is an element. Element value is the price 
paid for the element by the manufacturer of the system, or by the 
system integrator. Total value is the normal international selling 
price to unrelated parties at the point of manufacture or 
consolidation of shipment.
* * * * *
    Dated: September 27, 1994.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 94-24242 Filed 9-28-94; 11:07 am]
BILLING CODE 3510-DT-P