[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32058]


[[Page Unknown]]

[Federal Register: December 29, 1994]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 768, 771, 774, 778, 787, and 799

[Docket No. 941237-4337]

 

Revisions to the Export Administration Regulations: Revisions to 
Supplement No. 4 to Part 778, and Certain Editorial Corrections and 
Clarifications

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), to revise Supplement No. 4 to 
Part 778, Nuclear Nonproliferation Special Country List. In addition, 
this rule will make certain editorial clarifications and corrections, 
insert material inadvertently omitted from earlier regulatory 
amendments, and in some cases remove material subsumed by earlier 
regulatory amendments.

EFFECTIVE DATE: This rule is effective December 29, 1994.

FOR FURTHER INFORMATION CONTACT: Sharron Cook, Regulatory Policy 
Division, Bureau of Export Administration, Telephone: (202) 482-0074.

SUPPLEMENTARY INFORMATION: Specifically, this rule makes the following 
corrections and clarifications:
    (1) Revises Sec. 768.2 Footnote No. 1 to paragraph (a)(9), to 
correct an omitted deletion, by removing Vietnam and Cambodia;
    (2) Revises Sec. 771.17, to correct an omitted deletion, by 
removing the phrase ``the People's Democratic Republic of Yemen,'' from 
paragraph (e)(2)(vi);
    (3) Revises Sec. 774.2, because the provisions within paragraph (j) 
are contained in paragraph (i), by removing and reserving paragraph 
(j);
    (4) Revises Sec. 778, Supplement No. 4, to remove countries that 
have signed the Nuclear Non-Proliferation Treaty (NPT) and add others 
that the U.S. would encourage to sign the NPT. Cuba, North Korea, and 
the Federated States of Micronesia are added. Afghanistan, Albania, 
Burma, Guyana, Mauritania, Mozambique, Niger, St. Kitts, Tanzania, 
Zambia, and Zimbabwe are removed.
    Of the countries listed on Supplement No. 4 to Part 778, Cuba, 
Iran, Libya and North Korea are not eligible for GFW, Iraq is subject 
to a total embargo by the U.S. Treasury Department, and Moldova, 
although not eligible for GFW, is eligible for General License GLX;
    (5) Revises Sec. 787.1, to correct an omitted organizational name 
change, by revising the phrase ``International Trade Administration'' 
in paragraph (b)(2) to read ``Bureau of Export Administration'';
    (6) Revises Sec. 799.1, ECCN 1C10A, to conform with the intent of 
controls on items for nuclear proliferation concerns, by revising the 
requirements section, specifically, the GLV section and nuclear 
proliferation (NP) notes;
    (7) Revises Sec. 799.1, ECCN 2D02A, to conform with a revision that 
COCOM made effective November 7, 1992, by adding new paragraph (c) that 
controls software for printed circuit boards controlled under ECCN 
2B09A and a new NOTE to paragraph (c);
    (8) Revises Sec. 799.1, ECCN 3A92F, to prevent the release of 
commodities not intended to be decontrolled at this time, by removing 
the phrase ``but not exceeding 40 Mhz'' from paragraph (b);
    (9) Revises Sec. 799.1, Category 5, to correct an omission by 
deleting references to the 30 day COCOM notification requirement in 
Advisory Notes 2 and 3;
    (10) Revises Sec. 799.1, Category 6, ECCN 6A02A to alert the public 
that image intensifiers specially designed, modified or configured for 
military use and not part of civil equipment are controlled by the 
Office of Defense Trade Controls, U.S. Department of State;
    (11) Revises Sec. 799.1, Category 6, ECCN 6A03A to add clarifying 
language to a couple of image camera entries; and
    (12) Revises Sec. 799.1, ECCN 6D93F, to correct a typographical 
error, by correcting the ECCN citing in the heading to read ``6A93'' 
instead of ``6A94''.
    Although the Export Administration Act (EAA) expired on August 20, 
1994, the President invoked the International Emergency Economic Powers 
Act and continued in effect, to the extent permitted by law, the 
provisions of the EAA and the EAR in Executive Order 12924 of August 
19, 1994.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
purposes of Executive Order 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, 0694-0009, 0694-0010, 0694-0017, 0694-
0021 and 0694-0078.
    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 603(b)) 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.
    Section 13(b) of the EAA does not require that this rule be 
published in proposed form because this rule does not impose a new 
control. 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 Sharron 
Cook, Regulatory Policy Division, Bureau of Export Administration, 
Department of Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects:

15 CFR Part 768

    Imports, Penalties, Reporting and recordkeeping requirements.

15 CFR Parts 771, 774, and 799

    Exports, Reporting and recordkeeping requirements.

15 CFR Part 778

    Exports, Nuclear energy, Reporting and recordkeeping requirements.

15 CFR Part 787

    Boycotts, Exports, Law enforcement, Penalties, Reporting and 
recordkeeping requirements.

    Accordingly, Parts 768, 771, 774, 778, 787, and 799 of the Export 
Administration Regulations (15 CFR Parts 730-799) are amended as 
follows:
    1. The authority citations for 15 CFR Part 768 and 778 continue 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 [(extended by Pub. L. 103-10, 107 Stat. 40 and by 
Pub. L. 103-277, 108 Stat. 1407)]; 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. 
12851 of June 11, 1993 (58 FR 33181, June 15, 1993); E.O. 12867 of 
September 30, 1993 (58 FR 51747, October 4, 1993); E.O. 12924 of 
August 19, 1994 (59 FR 43437 of August 23, 1994); and E.O. 12938 of 
November 14, 1994 (59 FR 59099 of November 16, 1994).

    2. The authority citations for 15 CFR Parts 771, 774, 787 and 799 
continue to read as follows:

    Authority: 50 U.S.C. App. 5, as amended; Pub. L. 264, 59 Stat. 
619 (22 U.S.C. 287c), as amended; 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; sec. 125, Pub. 
L. 99-64, 99 Stat. 156 (46 U.S.C. 466c); Pub. L. 102-484, 106 Stat. 
2575 (22 U.S.C. 6004); 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. 
12851 of June 11, 1993 (58 FR 33181, June 15, 1993); E.O. 12867 of 
September 30, 1993 (58 FR 51747, October 4, 1993); E.O 12918 of May 
26, 1994 (59 FR 28205, May 31, 1994); E.O. 12924 of August 19, 1994 
(59 FR 43437 of August 23, 1994); and E.O. 12938 of November 14, 
1994 (59 FR 59099 of November 16, 1994).

PART 768--[AMENDED]


Sec. 768.2  [Amended]

    3. Section 768.2 Footnote No. 1 to paragraph (a)(9) is amended:
    a. By revising in the first paragraph, in the fourth sentence, the 
phrase ``countries other than North Korea, Vietnam, Cambodia, and Cuba, 
provided'' to read `` countries other than North Korea and Cuba, 
provided'';
    b. By revising in the second paragraph, in the second sentence:
    (1) The phrase ``unlicensed transactions with North Korea, Vietnam, 
Cambodia, Cuba, or nationals thereof,'' to read ``unlicensed 
transactions with North Korea or Cuba, or nationals thereof,'';
    (2) The phrase ``December 17, 1950; in which Vietnam or nationals 
thereof, have or have had any interest, direct or indirect, since May 
5, 1964; in which Cuba or nationals thereof, have or have had any 
interest, direct or indirect, since July 8, 1963; in which Cambodia, or 
nationals thereof, have or have had any interest, direct or indirect, 
since April 17, 1975; or in which Vietnam or nationals thereof, have or 
have had any interest, direct or indirect, after noon, E.D.T. April 30, 
1975.'' to read ``December 17, 1950; in which Cuba or nationals 
thereof, have or have had any interest, direct or indirect since July 
8, 1963.'';
    c. By revising in the second paragraph, in the third sentence the 
phrase ``merchandise is of North Korean, Vietnamese, Cambodian, or 
Cuban origin.'' to read ``merchandise is of North Korean or Cuban 
origin.''; and
    d. By revising in the fourth paragraph the phrase ``Cuban Assets 
Control Regulations, or the Rhodesian Sanctions Regulations should be 
submitted'' to read ``Cuban Assets Control Regulation should be 
submitted''.

PART 771--[AMENDED]


Sec. 771.17  [Amended]

    4. Section 771.17(e)(2)(vi) is amended by revising the phrase 
``Syria, the People's Democratic Republic of Yemen, Libya, or'' to read 
``Syria, Libya, or''.

PART 774--[AMENDED]


Sec. 774.2  [Amended]

    5. Section 774.2 is amended by removing and reserving paragraph 
(j).

PART 778--[AMENDED]

Supplement No. 4 to Part 778  [Amended]

    6. Supplement No. 4 to Part 778 is amended by adding, in 
alphabetical order, Cuba, Federated States of Micronesia, and North 
Korea and by removing Afghanistan, Albania, Burma, Guyana, Mauritania, 
Mozambique, Niger, St. Kitts, Tanzania, Zambia, and Zimbabwe.

PART 787--[AMENDED]


Sec. 787.1  [Amended]

    7. Section 787.1 is amended by revising the phrase ``International 
Trade Administration'' in paragraph (b)(2) to read ``Bureau of Export 
Administration''.

PART 799--[AMENDED]

    8. In Category 1 (Materials), ECCN 1C10A is amended by revising the 
Requirements section to read as follows:

1C10A  ``Fibrous and Filamentary Materials'' That May Be Used in 
Organic ``Matrix'', Metallic ``Matrix'' or Carbon ``Matrix'' 
``Composite'' Structures or Laminates

Requirements

    Validated License Required: QSTVWYZ.
    Unit: kilograms.
    Reason for Control: NS, NP (see Note).
    GLV: $1500, except $0 for NP items.
    GCT: No.
    GFW: No.
    GNSG: Yes, except Bulgaria, Poland, Romania, or Russia.
    Notes: NP controls apply to 1C10.a (all aramid ``fibrous and 
filimentary materials''), 1C10.b. (all carbon ``fibrous and filimentary 
materials''), and 1C10.c. (all glass ``fibrous and filimentary 
materials'').
* * * * *
    9. In Category 2 (Materials Processing), ECCN 2D02A is amended by 
revising the List of Items Controlled section to read as follows:

2D02A  Specific ``Software''

* * * * *

List of Items Controlled

    a. ``Software'' to provide ``adaptive control'' and having both of 
the following characteristics:
    a.1. For ``flexible manufacturing units'' (FMUs) that consist at 
least of equipment described in b.1. and b.2. of the definition of 
``flexible manufacturing unit''; and
    a.2. Capable of generating or modifying, in ``real time 
processing'', ``programs'' or data by using the signals obtained 
simultaneously by means of at least two detection techniques, such as:
    a.2.a. Machine vision (optical ranging);
    a.2.b. Infrared imaging;
    a.2.c. Acoustical imaging (acoustical ranging);
    a.2.d. Tactile measurement;
    a.2.e. Inertial positioning;
    a.2.f. Force measurement;
    a.2.g. Torque measurement;

    Note: 2D02.a does not control ``software'' that only provides 
rescheduling of functionally identical equipment within ``flexible 
manufacturing units'' using pre-stored part programs and a pre-
stored strategy for the distribution of the part programs.

    b. ``Software'' for electronic devices other than those described 
in 2B01.a. or b. that provides the ``numerical control'' capability of 
the equipment controlled by 2B01.
    c. ``Software'' for printed circuit boards controlled under 2B09.

    Note: 2B01 and 2D02 control any combination of electronic 
devices or systems that collectively contain software enabling such 
devices or systems to function as a CNC capable of coordinating 
simultaneously more than 4 axes for ``contouring control''.

    10. In Category 3, (Electronics Design, Development and 
Production), ECCN 3A92F is amended by revising the List of Items 
Controlled section to read as follows:

3A92F  Electronic Devices and Components Not Controlled by 3A01

* * * * *

List of Items Controlled

    a. Integrated circuits of the type described in 3A01.a.3 to a.10 or 
a.12. rated for operation at an ambient temperature below 219 K 
(-54 deg. C), but not less than 218 K (-55 deg. C);
    b. ``Microprocessor microcircuits'', ``microcomputer 
microcircuits'', and microcontroller microcircuits having a clock 
frequency exceeding 25 Mhz;
    c. Storage integrated circuits not controlled by 3A01, as follows:
    c.1. Electrical erasable programmable read-only memories (EEPROMs) 
with a storage capacity;
    c.1.a. Exceeding 1 Mbit per package; or
    c.1.b. Exceeding 256 kbit per package and a maximum access time of 
less than 80 ns;
    c.2. Static random-access memories (SRAMs) with a storage capacity:
    c.2.a. Exceeding 1 Mbit per package; or
    c.2.b. Exceeding 256 kbit per package and a maximum access time of 
less than 25 ns;
    d. Field programmable logic arrays not controlled by 3A01 having 
either of the following:
    d.1. An equivalent gate count of more than 5,000 (2 input gates); 
or
    d.2. A toggle frequency exceeding 100 Mhz;
    e. Traveling wave tubes, pulsed or continuous wave, not controlled 
by 3A01, as follows:
    e.1. Coupled cavity tubes, or derivatives thereof;
    e.2. Helix tubes, or derivatives thereof, with either of the 
following:
    e.2.a.1. An ``instantaneous bandwidth'' of half an octave or more; 
and
    e.2.a.2. The product of the rated average output power (expressed 
in Kw) and the maximum operating frequency (expressed in GHz) of more 
than 0.2; or
    e.2.b.1. An ``instantaneous bandwidth'' of less than half an 
octave; and
    e.2.b.2. The product of the rated average output power (expressed 
in Kw) and the maximum operating frequency (expressed in Ghz) of more 
than 0.4;
    f. Flexible waveguides designed for use at frequencies exceeding 40 
Ghz;
    g. Surface acoustic wave and surface skimming (shallow bulk) 
acoustic wave devices (i.e., ``signal processing'' devices employing 
elastic waves in materials), not controlled by 3A01, having either of 
the following:
    g.1. A carrier frequency exceeding 1 Ghz; or
    g.2. A carrier frequency of 1 Ghz or less, and
    g.2.a. A frequency side-lobe rejection exceeding 55 Db;
    g.2.b. A product of the maximum delay time and bandwidth (time in 
microseconds and bandwidth in Mhz) of more than 100; or
    g.2.c. A dispersive delay of more than 10 microseconds.
    h. Batteries not controlled by 3A01, as follows:

    Note: 3A92.h does not control batteries with volumes equal to or 
less than 26 cm\3\ (e.g., standard C-cells or UM-2 batteries).

    h.1. Primary cells and batteries having an energy density exceeding 
350 Wh/kg and rated for operation in the temperature range from below 
243 K (-30 deg. C) to above 343 K (70 deg. C);
    h.2. Rechargeable cells and batteries having an energy density 
exceeding 150 Wh/kg after 75 charge/discharge cycles at a discharge 
current equal to C/5 hours (C being the nominal capacity in ampere 
hours) when operating in the temperature range from below 253 K 
(-20 deg. C) to above 333 K (60 deg. C);

    Technical Note: Energy density is obtained by multiplying the 
average power in watts (average voltage in volts times average 
current in amperes) by the duration of the discharge in hours to 75 
percent of the open circuit voltage divided by the total mass of the 
cell (or battery) in kg.

    h.3. ``Space qualified'' and radiation hardened photovoltaic arrays 
with a specific power exceeding 160 W/m\2\ at an operating temperature 
of 301 K (28 deg. C) under a tungsten illumination of 1 kW/m\2\ at 
2,800 K (2,527 deg. C);
    i. ``Superconductive'' electromagnets or solenoids specially 
designed to be fully charged or discharged in less than one minute, not 
controlled by 3A01, having all of the following:

    Note: 3A92.i does not control ``superconductive'' electromagnets 
or solenoids designed for Magnetic Resonance Imaging (MRI) medical 
equipment.

    i.1. Maximum energy delivered during the discharge divided by the 
duration of the discharge of more than 500 kJ per minute;
    i.2. Inner diameter of the current carrying windings of more than 
250 mm; and
    i.3. Rated for a magnetic induction of more than 8 T or ``overall 
current density'' in the winding of more than 300 A/mm\2\.
    11. In Category 5 (Telecommunications) Advisory Notes 2 and 3 
following ECCN SE02A are revised to read as follows:

    Advisory Note 2: Licenses are likely to be approved, as 
administrative exceptions, for exports to satisfactory end-users in 
Estonia, Latvia and Lithuania of equipment or systems controlled by 
5A02, 5A03, 5A04, 5A05, or 5A06, and test equipment, ``software'' 
and ``use'' technology therefor, provided that:

    a. The equipment or systems:
    1. Are designed for and will be used for specific civil 
applications; and
    2. Will be operated in the importing country by a civil end-user 
who has furnished to the supplier a Statement by Ultimate Consignee and 
Purchaser (Form BXA-629P) certifying that the equipment or systems will 
be used only for the specific end-use;
    b. The information to accompany each application will include:
    1. End-use assurances provided by the importer and backed by the 
importing country;
    2. Acceptance of on-site inspection of the equipment or system by 
the licensee or the designated representative of the licensee from a 
non-proscribed country;
    3. A full description of the equipment or systems to be provided; 
and
    4. The end-use information clearly stated including the 
installation site and intended application.

    Advisory Note 3: Licenses are likely to be approved, as 
administrative exceptions, for exports to satisfactory end-users in 
the People's Republic of China of the following communications, 
measuring or test equipment:

    a. ``Telecommunications transmission equipment'' controlled by 
5A02.a, 5A02.b, or 5A02.d provided that:
    1. It is intended for general commercial traffic in a civil 
communication system;
    2. It is designed for operation at a ``digital transfer rate'' at 
the highest multiplex level of 140 Mbit/s or less and at a ``total 
digital transfer rate'' of 168 Mbit/s or less;
    N.B.: An additional 2 Mbit/s for operation, maintenance and service 
communications may be added to the ``total digital transfer rate'' of 
168 Mbit/s.
    3. For equipment controlled by 5A02.d, the transmission wavelength 
must not exceed 1,370 nm and optical fiber must be used as the 
communication medium;
    4. It is to be installed under the supervision of the seller in a 
permanent circuit; and
    5. It is to be operated by the civilian authorities of the 
importing country.
    b. Measuring or test equipment controlled by 5B01.c, 5B02.a or 
5B02.b that is necessary for the use (i.e., installation, operation and 
maintenance) of equipment exported under the conditions of this 
Advisory Note, provided that:
    1. It is designed for use with communication transmission equipment 
operating at a ``digital transfer rate'' of 140 Mbit/s or less, and at 
a ``total digital transfer rate'' of 168 Mbit/s or less; and
    2. It will be supplied in the minimum quantity required for the 
transmission equipment eligible for administrative exception treatment.
    N.B.1: Where possible, built-in test equipment (BITE) will be 
provided for installation or maintenance of transmission equipment 
eligible for administrative exception treatment under this Advisory 
Note rather than individual test equipment.
    N.B.2: The license application must include the locations of the 
connection points, types of equipment being connected and transmission 
rates.
* * * * *
    12. In Category 6 (Sensors), ECCN 6A02A is revised to read as 
follows:

6A02A  Optical Sensors

Requirements

    Validated License Required: QSTVWYZ.
    Unit: Number; $ value for parts and accessories.
    Reason for Control: NS, FP, MT (see Notes).
    GLV: $3,000, except $0 for items described in paragraphs a.1, a.2, 
a.3, and c.
    GCT: Yes, except MT and FP (see Notes).
    GFW: No.

Notes

    1. FP controls for regional stability apply to items controlled 
by 6A02.a.1, a.2, a.3, and c (see Sec. 776.16(b) of this 
subchapter).
    2. FP controls for human rights apply to all destinations except 
Australia, Japan, New Zealand, and members of NATO for police-model 
infrared viewers controlled by 6A02.c (see Sec. 776.14 of this 
subchapter).
    3. MT controls apply to optical detectors described in 6A02.a.1, 
a.3, and a.4 that are specially designed or rated as electromagnetic 
(including ``laser'') and ionized-particle radiation resistant.
    4. The items listed in 6A02.a.1, a.2, a.3, and c are subject to 
the United Nations Security Council arms embargo against Rwanda 
described in Sec. 785.4(a) of this subchapter.

List of Items Controlled

    a. Optical detectors, as follows:

    Note: 6A02.a does not control germanium or silicon photodevices.

    Note: Image intensifiers defined in paragraph (a.2) and ``focal 
plane arrays'' defined in paragraph (a.3) specially designed, 
modified or configured for military use and not part of civil 
equipment are controlled by the Office of Defense Trade Controls, 
U.S. Department of State.

    a.1. ``Space-qualified'' solid-state detectors having any of the 
following:
    a.1.a.1. A peak response in the wavelength range exceeding 10 nm, 
but not exceeding 300 nm; and
    a.1.a.2. A response of less than 0.1% relative to the peak response 
at a wavelength exceeding 400 nm;
    a.1.b.1. A peak response in the wavelength range exceeding 900 nm, 
but not exceeding 1,200 nm; and
    a.1.b.2. A response ``time constant'' of 95 ns or less; or
    a.1.c. A peak response in the wavelength range exceeding 1,200 nm, 
but not exceeding 30,000 nm;
    a.2. Image intensifier tubes and specially designed components 
therefor, as follows:
    a.2.a. Image intensifier tubes having all of the following:
    a.2.a.1. A peak response in wavelength range exceeding 400 nm, but 
not exceeding 1,050 nm;
    a.2.a.2. A microchannel plate for electron image amplification with 
a hole pitch (center-to-center spacing) of less than 25 micrometers; 
and
    a.2.a.3.a. An S-20, S-25 or multialkali photocathode; or
    a.2.a.3.b. A GaAs or GaInAs photocathode;
    a.2.b. Specially designed components as follows:
    a.2.b.1. Fiber optic image inverters;
    a.2.b.2. Microchannel plates having both of the following 
characteristics:
    a.2.b.2.a. 15,000 or more hollow tubes per plate; and
    a.2.b.2.b. Hole pitch (center-to-center spacing) of less than 25 
micrometers; or
    a.2.b.3. GaAs or GaInAs photocathodes;
    a.3. Non-``space-qualified'' ``focal plane arrays'', having any of 
the following:

    Technical Note: Linear or two-dimensional multi-element detector 
arrays are referred to as ``focal plane arrays''.

    a.3.a.1. Individual elements with a peak response within the 
wavelength range exceeding 900 nm, but not exceeding 1,050 nm; and
    a.3.a.2. A response ``time constant'' of less than 0.5 ns;
    a.3.b.1. Individual elements with a peak response in the wavelength 
range exceeding 1,050 nm, but not exceeding 1,200 nm; and
    a.3.b.2. A response ``time constant'' of 95 ns or less; or
    a.3.c. Individual elements with a peak response in the wavelength 
range exceeding 1,200 nm, but not exceeding 30,000 nm;

    Note 1: 6A02.a.3 includes photoconductive arrays and 
photovoltaic arrays.

    Note 2: 6A02.a.3 does not control silicon ``focal plane 
arrays'', multi-element (not to exceed 16 elements) encapsulated 
photoconductive cells or pyroelectric detectors using any of the 
following:
    a. Lead sulphide;
    b. Triglycine sulphate and variants;
    c. Lead-lanthanum-zirconium titanate and variants;
    d. Lithium tantalate;
    e. Polyvinylidene fluoride and variants;
    f. Strontium barium niobate and variants; or
    g. Lead selenide.

    a.4. Non-``space-qualified'' single-element or non-focal-plane 
multi-element semiconductor photodiodes or phototransistors having both 
of the following:
    a.4.a. A peak response in the wavelength range exceeding 1,200 nm, 
but not exceeding 30,000 nm; and
    a.4.b. A response ``time constant'' of 0.5 ns or less;
    b. ``Multispectral imaging sensors'' designed for remote sensing 
applications, having either of the following characteristics:
    b.1. An Instantaneous-Field-Of-View (IFOV) of less than 200 
microradians; or
    b.2. Specified for operation in the wavelength range exceeding 400 
nm, but not exceeding 30,000 nm; and
    b.2.a. Providing output imaging data in digital format; and
    b.2.b.1. ``Space-qualified''; or
    b.2.b.2. Designed for airborne operation, using other than silicon 
detectors;
    c. Direct view imaging equipment operating in the visible or 
infrared spectrum, incorporating either of the following:
    c.1. Image intensifier tubes controlled by 6A02.a.2.a or
    c.2. Focal plane arrays controlled by 6A02.a.3;

    Technical Note: ``Direct view'' refers to imaging equipment 
operating in the visible or infrared spectrum, that presents a 
visual image to a human observer without converting the image into 
an electronic signal for television display, and that cannot record 
or store the image photographically, electronically, or by any other 
means.

    Note: 6A02.c does not control the following equipment 
incorporating other than GaAs or GaInAs photocathodes:
    a. Industrial or civilian intrusion alarm, traffic or industrial 
movement control or counting systems;
    b. Medical equipment;
    c. Industrial equipment used for inspection, sorting or analysis 
of the properties of materials;
    d. Flame detectors for industrial furnaces;
    e. Equipment specially designed for laboratory use;

    d. Special support components for optical sensors, as follows:
    d.1. ``Space-qualified'' cryocoolers;
    d.2. Non-``space-qualified'' cryocoolers, with a cooling source 
temperature below 218 K (-55 deg. C), as follows:
    d.2.a. Closed cycle type with a specified Mean-Time-To-Failure 
(MTTF), or Mean-Time-Between-Failures (MTBF), exceeding 2,500 hours;
    d.2.b. Joule-Thomson (JT) self-regulating minicoolers with bore 
(outside) diameters of less than 8 mm;
    d.3. Optical sensing fibers:
    d.3.a. Specially fabricated either compositionally or structurally, 
or modified by coating, to be acoustically, thermally, inertially, 
electromagnetically or nuclear radiation sensitive; or
    d.3.b. Modified structurally to have a ``beat length'' of less than 
50 mm (high birefringence);

Related ECCNs

    See 6A22B and 6A42B for MT/NP controls on photosensitive components 
and electron tubes not controlled by 6A02A.
* * * * *
    13. In Category 6 (Sensors), ECCN 6A03A (Cameras) is amended by 
revising the List of Items Controlled section to read as follows:

6A03A  Cameras

* * * * *

List of Items Controlled

    a. Instrumentation cameras, as follows:
    a.1. High-speed cinema recording cameras using any film format from 
8 mm to 16 mm inclusive, in which the film is continuously advanced 
throughout the recording period, and that are capable of recording at 
framing rates exceeding 13,150 frames per second;

    Note: 6A03.a.1 does not control cinema recording cameras for 
normal civil purposes.

    a.2. Mechanical high speed cameras, in which the film does not 
move, capable of recording at rates exceeding 1,000,000 frames per 
second for the full framing height of 35 mm film, or at proportionately 
higher rates for lesser frame heights, or at proportionately lower 
rates for greater frame heights;
    a.3. Mechanical or electronic streak cameras with writing speeds 
exceeding 10 mm/microsecond;
    a.4. Electronic framing cameras having a speed exceeding 1,000,000 
frames per second;
    a.5. Electronic cameras having both of the following:
    a.5.a. An electronic shutter speed (gating capability) of less than 
1 microsecond per full frame; and
    a.5.b. A read out time allowing a framing rate of more than 125 
full frames per second;
    b. Imaging cameras, as follows:

    Note: 6A03.b does not control television or video cameras 
specially designed for television broadcasting.

    b.1. Video cameras incorporating solid state sensors, having any of 
the following:
    b.1.a. More than 4  x  10fl6fl ``active pixels'' per solid state 
array for monochrome (black and white) cameras;
    b.1.b. More than 4  x  10fl6fl ``active pixels'' pre-solid state 
array for color cameras incorporating three solid state arrays; or
    b.1.c. More than 12  x  10fl6fl ``active pixels'' for solid state 
array color cameras incorporating one solid state array;
    2. Scanning cameras and scanning camera systems:
    a.2. Incorporating linear detector arrays with more than 8,192 
elements per array; and
    b.2. Having mechanical scanning in one direction;
    3. Incorporating image intensifiers having the characteristics 
listed in 6a02.a.2.a;
    4. Incorporating ``focal plane arrays'' having the characteristics 
listed in 6A02.a.3.;
    (For cameras specially designed or modified for under water use, 
see 8A02.d and 8A02.e)

Related ECCNs

    See 6A43B for NP controls on cameras and components not controlled 
by 6A03A.
* * * * *
    14. In Category 6 (Sensors), ECCN 6D93F is amended by revising the 
section heading to read as follows:

6D93F  ``Software'' Specially Designed for the ``Development'', 
``Production'', or ``Use'' of ``Magnetometers'' Controlled by 6A93

* * * * *
    Dated: December 22, 1994.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 94-32058 Filed 12-28-94; 8:45 am]
BILLING CODE 3510-DT-P