[Federal Register Volume 61, Number 204 (Monday, October 21, 1996)]
[Rules and Regulations]
[Pages 54540-54548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26806]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 734, 740, 742, 752, 771A, 774, 776A and 799A

[Docket No. 960928265-6265-01]
RIN 0694-AB09


Commercial Communications Satellites and Hot Section Technology 
for the Development, Production or Overhaul of Commercial Aircraft 
Engines

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Interim final rule.

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SUMMARY: This interim final rule amends parts 774 and 799A of the 
Export Administration Regulations (the Commerce Control List) by 
revising Export Control Classification Numbers (ECCNs) 9A04A and 9A004 
to control all commercial communications satellites. This interim final 
rule also amends the Export Administration Regulations (EAR) by 
imposing enhanced national security and foreign policy controls on all 
commercial communications satellites controlled under ECCNs 9A04.a. and 
9A004.a. and hot section technology for the development, production or 
overhaul of commercial aircraft engines controlled under ECCNs 9E03.a.1 
through a.12, .f and related controls, and 9E003.a.1 through a.12., .f 
and related controls, to supplement the national security controls on 
those items. The provisions of this interim final rule apply for items 
transferred from the USML to the CCL and to license applications for 
those items received after the effective date of this rule.
    This interim final rule also amends the EAR to exclude commercial 
communications satellites and hot section technology from the de 
minimis provisions for items and commingled technology exported from 
abroad, from the mandatory foreign availability decontrol or export 
licensing provisions of the EAR, and from Special Comprehensive License 
eligibility. Finally, this interim final rule also amends the licensing 
policy provisions of parts 742 and 776A of the EAR to reflect these new 
national security and foreign policy controls, providing for case-by-
case review of applications for export and reexport to all destinations 
to determine if the export or reexport is consistent with U.S. national 
security and foreign policy interests.
    Exporters are advised that license applications for commercial 
communications satellites controlled under ECCN 9A04.a. and 9A004.a., 
and hot section technology controlled under ECCN 9E03.a.1. through a.12 
and .f, and related controls, and 9E003.a.1. through a.12 and .f, and 
related controls, will be subject to full interagency review in 
accordance with Executive Order 12981 of December 5, 1995 (60 FR 
62981), as amended.
    The EAR have been totally revised by an interim rule published on 
March 25, 1996 (61 FR 12714) that provides for a transition period 
within which exporters can take advantage of both the old rules and the 
new rules until November 1, 1996. Therefore, this interim final rule 
and all other amendments to the EAR during the transition period will 
amend both the new EAR and the old EAR, which are now designated with 
the letter ``A'' following the part number.

DATES Effective Date: This interim final rule is effective October 21, 
1996 except the amendments to parts 776A and 799A are effective October 
21, 1996 until November 1, 1996.
    Comments: Comments must be received December 5, 1996.

ADDRESSES: Written comments should be sent to Nancy Crowe, Regulatory 
Policy Division, Office of Exporter Services, Bureau of Export 
Administration, Room 2705, 14th Street and Pennsylvania Avenue, N.W., 
Washington, D.C. 20230.

FOR FURTHER INFORMATION CONTACT: Gene Christiansen, Office of Strategic 
Trade, Telephone: (202) 482-2984.

SUPPLEMENTARY INFORMATION:

Background

    On October 23, 1992, the Bureau of Export Administration added a 
new ECCN 9A04 to the CCL to control certain commercial communications 
satellites previously controlled on the USML.
    On March 25, 1996, BXA published an interim rule in the Federal 
Register (61 FR 12714) that completely revised and simplified the EAR, 
and redesignated the parts of the EAR prior to publication of that rule 
(15 CFR parts 768-799) by including an ``A'' following the part number 
(e.g., old part 768 is

[[Page 54541]]

now part 768A). The March 25 rule was effective April 24, 1996, and all 
EAR parts designated with ``A'' are effective until November 1, 1996. 
This interim final rule therefore amends the relevant parts of the EAR 
that end in ``A'' that were in effect prior to April 25, 1996 as well 
as the provisions of the new EAR. For example, commercial 
communications satellites are included under ECCN 9A04 in the old 
regulations (Supplement No. 1 Sec. 799A.1 of the EAR), and under ECCN 
9A004 in the new regulations (Supplement No. 1 part 774 of the EAR). 
Hot section technology for commercial aircraft engines is under ECCN 
9E03 in the old regulations, and ECCN 9E003 in the new regulations.
    This interim final rule amends ECCNs 9A04 and 9A004 on the CCL by 
removing the nine characteristics that identified commercial 
communications satellites under the jurisdiction of the Department of 
State. Such satellites are therefore now controlled on the CCL. The 
Department of State is publishing in the Federal Register a separate 
rule that removes commercial communications satellites from the USML. 
This interim final rule also amends the EAR by expanding national 
security controls and imposing foreign policy controls on commercial 
communications satellites controlled under ECCNs 9A04 and 9A004.
    Space launch vehicles and all detailed design, development, 
production, or manufacturing data for all spacecraft including 
satellites, regardless of which government agency has jurisdiction over 
the export of the spacecraft, remains subject to the licensing 
authority of the Department of State. Commercial communications 
satellites are subject to Commerce licensing jurisdiction even if they 
include the individual munitions list systems, components, or parts 
identified in Category XV(f) of the USML. In all other cases, these 
systems, components, or parts remain on the USML, except that non-
embedded, solid propellant orbit transfer engines (``kick motors'') are 
subject to Commerce licensing jurisdiction (and not controlled under 
the USML) when they are to be utilized for a specific commercial 
communications satellite launch, provided the solid propellant ``kick 
motor'' being utilized is not specifically designed or modified for 
military use or capable of being restarted after achievement of mission 
orbit (such orbit transfer engines are always controlled under Category 
IV of the USML). Technical data, as defined in 120.21 of the ITAR, and 
defense services as defined in 120.8 of the ITAR, related to the 
systems, components, or parts referred to in Category XV(f) of the USML 
are always controlled under the USML, even when the satellite itself is 
licensed by the Department of Commerce.
    Technical data provided to the launch provider (form, fit, 
function, mass, electrical, mechanical, dynamic/environmental, 
telemetry, safety, facility, launch pad access, and launch parameters) 
for commercial communications satellites that describe the interfaces 
for mating of the satellite to the launch vehicle and parameters for 
launch (e.g. orbit, timing) of the satellite is under Commerce 
jurisdiction. Other technical data and all defense services and 
technical assistance for satellites and/or launch vehicles, including 
compatibility, integration, or processing data are controlled and 
subject to licensing by the Department of State, in accordance with 22 
CFR Part 120 through 130. Approval for such technical assistance will 
require a Technical Assistance Agreement (TAA) and may require U.S. 
Government oversight.
    This interim final rule also revises the List of Items Controlled 
under ECCNs 9E003 and 9E03 by adding a new paragraph .f to control 
technology not otherwise controlled in 9E003.a.1. through a.12 and 
9E03.a.1. through a.12, and currently used in the development, 
production or overhaul of hot section parts and components of civil 
derivatives of military engines controlled on the U.S. Munitions List. 
This interim final rule also imposes enhanced national security and 
foreign policy controls on hot section technology for the development, 
production or overhaul of commercial aircraft engines controlled under 
ECCN 9E03.a.1. through a.12., .f and related controls, and 9E003.a.1. 
through a.12., .f and related controls. Note that this interim final 
rule does not change controls on developmental aircraft controlled 
under ECCNs 9A91 and 9A991. Hot section technology specifically 
designed, modified, or equipped for military uses or purposes, or 
developed principally with U.S. Department of Defense funding, is 
subject to the jurisdiction of the Department of State. Technology is 
subject to the EAR when actually applied to a commercial aircraft 
engine program. Exporters may seek to establish commercial application 
either on a case-by-case basis through submission of documentation 
demonstrating application to a commercial program in support of a 
request for an export license from Commerce in respect to a specific 
export or, in the case of use for broad categories of aircraft, 
engines, or components, a commodity jurisdiction determination from 
State.
    A license will be required for all exports and reexports to all 
destinations, except Canada, of commercial communications satellites 
controlled under ECCNs 9A04.a. and 9A004.a. and for hot section 
technology controlled under ECCNs 9E03.a.1. through a.12 and .f. and 
9E003.a.1. through a.12 and .f. These items are not eligible for a 
Special Comprehensive License, and they are not subject to the 
mandatory foreign availability decontrol or export licensing provisions 
of the EAR. Exporters are advised that license applications for 
commercial communications satellites and hot section technology will be 
subject to full interagency review in accordance with Executive Order 
12981 of December 5, 1995 (60 FR 62981). Applications for exports and 
reexports will be reviewed on a case-by-case basis to determine whether 
the export or reexport is consistent with U.S. national security and 
foreign policy interests. Specifically, the following factors are among 
those that will be considered to determine what action will be taken on 
license applications:
    (1) The country of destination;
    (2) The ultimate end-users;
    (3) The technology involved;
    (4) The specific nature of the end-use(s); and
    (5) The types of assurance against unauthorized use or diversion 
that are given in a particular case.
    This interim final rule also amends part 734 of the EAR to exclude 
commercial communications satellites and hot section technology from 
the de minimis provisions for items and commingled technology exported 
from abroad, and amends parts 740 and 771A to exclude commercial 
communications satellites and hot section technology from License 
Exception GOV and General License GCG. Finally, this interim final rule 
also amends parts 738 and 742, and Secs. 776A.2 and 776A.20 of the EAR 
to reflect the new foreign policy controls imposed by this interim 
final rule.
    This interim final rule involves no new curtailment of exports, 
because the transfer or removal of items from the United States 
Munitions List to the CCL maintains a continuity of controls. 
Therefore, the provisions regarding the impact of new controls do not 
apply and contract sanctity also does not apply to this imposition of 
controls.
    Consistent with the provisions of section 6 of the Export 
Administration Act, a foreign policy report was submitted to Congress 
on October 17, 1996, notifying the Congress of the

[[Page 54542]]

Department's intention to impose controls on commercial communications 
satellite and hot section technology associated with commercial 
aircraft engines that will be controlled on the CCL and subject to new 
control procedures.
    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, notice of August 15, 1995 (60 FR 42767), and August 14, 1996 
(61 FR 42527).

Rulemaking Requirements

    1. This interim final rule has been determined to be significant 
for purposes of E. O. 12866.
    2. Notwithstanding any other provision of the 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, unless that collection of 
information displays a currently valid OMB Control Number. This interim 
final 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 0694-0088.
    3. This interim final 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 interim final rule 
by under 5 U.S.C. 553 or by any other law, this rule is not subject to 
the requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.)
    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 (Sec. 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 interim final rule.
    However, because of the importance of the issues raised by these 
regulations, this rule is issued in interim final form and comments 
will be considered in the development of final regulations. 
Accordingly, the Department encourages interested persons who wish to 
comment to do so at the earliest possible time to permit the fullest 
consideration of their views.
    The period for submission of comments will close December 5, 1996. 
The Department will consider all comments received before the close of 
the comment period in developing final regulations. Comments received 
after the end of the comment period will be considered if possible, but 
their consideration cannot be assured. The Department will not accept 
public comments accompanied by a request that a part or all of the 
material be treated confidentially because of its business proprietary 
nature or for any other reason. The Department will return such 
comments and materials to the person submitting the comments and will 
not consider them in the development of final regulations. All public 
comments on these regulations will be a matter of public record and 
will be available for public inspection and copying. In the interest of 
accuracy and completeness, the Department requires comments in written 
form.
    Oral comments must be followed by written memoranda, which will 
also be a matter of public record and will be available for public 
review and copying. Communications from agencies of the United States 
Government or foreign governments will not be made available for public 
inspection.
    The public record concerning these regulations will be maintained 
in the Bureau of Export Administration Freedom of Information Records 
Inspection Facility, Room 4525, Department of Commerce, 14th Street and 
Pennsylvania Avenue, N.W., Washington, DC 20230. Records in this 
facility, including written public comments and memoranda summarizing 
the substance of oral communications, may be inspected and copied in 
accordance with regulations published in Part 4 of Title 15 of the Code 
of Federal Regulations. Information about the inspection and copying of 
records at the facility may be obtained from Margaret Cornejo, Bureau 
of Export Administration Freedom of Information Officer, at the above 
address or by calling (202) 482-5653.

List of Subjects

15 CFR Part 734

    Administrative practice and procedure, Exports, Foreign trade.

15 CFR Parts 742 and 774

    Exports, Foreign trade.

15 CFR Parts 740 and 752

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

15 CFR Parts 771A, 776A and 799A

    Exports, Reporting and recordkeeping requirements.

    Accordingly, parts 734, 742, 752, 771A, 774, 776A and 799A of the 
Export Administration Regulations (15 CFR Parts 730-799) are amended as 
follows:
    1. The authority citation for 15 CFR part 734 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 12938, 59 
FR 59099, 3 CFR, 1994 Comp., p. 950; Notice of August 15, 1995 (60 
FR 42767, August 17, 1995); Notice of August 14, 1996 (61 FR 42527).

    2. The authority citation for 15 CFR part 740 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; Notice of August 
15, 1995 (60 FR 42767, August 17, 1995); Notice of August 14, 1996 
(61 FR 42527).

    3. The authority citation for 15 CFR part 742 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
18 U.S.C. 2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 
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. 12924, 59 FR 43437, 3 CFR, 
1994 Comp., p. 917; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 
950; Notice of August 15, 1995 (60 FR 42767, August 17, 1995); 
Notice of August 14, 1996 (61 FR 42527).

    4. The authority citation for 15 CFR part 752 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; Notice of August 
15, 1995 (60 FR 42767, August 17, 1995); Notice of August 14, 1996 
(61 FR 42527).

    5. The authority citation for 15 CFR part 774 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 
287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; Sec. 201, Pub. L. 104-
58, 109 Stat. 557 (30 U.S.C. 185(s)); 30 U.S.C. 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; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; 
Notice of August 15, 1995 (60 FR 42767, August 17, 1995); Notice of 
August 14, 1996 (61 FR 42527).

    6. The authority citation for 15 CFR part 776A continues 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

[[Page 54543]]

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. 12924 of August 19, 1994 (59 FR 43437, August 23, 
1994); E.O. 12938 of November 14, 1994 (59 FR 59099 of November 16, 
1994).
    7. The authority citation for 15 CFR parts 771A and 799A continues 
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; 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. 12924 of August 19, 1994 (59 FR 43437, 
August 23, 1994); E.O. 12938 of November 14, 1994 (59 FR 59099 of 
November 16, 1994).

PART 734--[AMENDED]


Sec. 734.4  [Redesignated (b) through (f) as (c) through (g)]

    8. Section 734.4 is amended by:
    a. Redesignating paragraphs (b) through (f) as (c) through (g) 
respectively; and
    b. Adding new paragraphs (b) and (h) to read as follows:


Sec. 734.4  De minimis U.S. content.

* * * * *
    (b) There is no de minimis level for the reexport of foreign-origin 
items that incorporate items controlled by ECCN 9A004.a.
* * * * *
    (h) Notwithstanding the provisions of paragraphs (c) and (d) of 
this section, U.S.-origin technology controlled under ECCNs 9E003.a.1. 
through a.12, and .f, and related controls does not lose its U.S.-
origin when it is redrawn, used, consulted, or otherwise commingled 
abroad in any respect with other technology of any other origin. 
Therefore, any subsequent or similar technology prepared or engineered 
abroad for the design, construction, operation, or maintenance of any 
plant or equipment, or part thereof, which is based on or uses any 
U.S.-origin technology controlled under ECCNs 9E003.a.1. through a.12, 
and .f, and related controls is subject to the EAR.

PART 740--[AMENDED]


Sec. 740.6  [Amended]

    9. Section 740.6 is amended by:
    a. Redesignating paragraphs (b)(2)(iii) (A) through (C) as 
(b)(2)(iii) (B) through (D);
    b. Redesignating paragraphs (b)(2)(iv) (A) through (C) as 
(b)(2)(iv) (B) through (D); and
    c. Adding new paragraphs (b)(2)(iii)(A) and (b)(2)(iv)(A) to read 
as follows:


Sec. 740.6  Governments and international organizations (GOV).

* * * * *
    (b) * * *
    (2) * * *
    (iii) * * *
    (A) Commercial communications satellites controlled under ECCN 
9A004 and hot section technology for the development, production or 
overhaul of commercial aircraft engines controlled under ECCN 9E003.a.1 
through a.12, and .f, and related controls;
* * * * *
    (iv) * * *
    (A) Commercial communications satellites controlled under ECCN 
9A004 and hot section technology for the development, production or 
overhaul of commercial aircraft engines controlled under ECCN 9E003.a.1 
through a.12, and .f, and related controls;
* * * * *

PART 742--[AMENDED]

    10. Part 742 is amended by adding new Sec. 742.14 to read as 
follows:


Sec. 742.14  Significant items: commercial communications satellites; 
hot section technology for the development, production or overhaul of 
commercial aircraft engines, components, and systems.

    (a) License requirements. Licenses are required for all 
destinations, except Canada, for ECCNs having an ``SI'' under the 
``Reason for Control'' paragraph. These items include commercial 
communications satellites controlled by ECCN 9A004.a., and hot section 
technology for the development, production or overhaul of commercial 
aircraft engines controlled under ECCN 9E003.a.1. through a.12., .f, 
and related controls.
    (b) Licensing policy. Pursuant to section 6 of the Export 
Administration Act of 1979, as amended (EAA), foreign policy controls 
apply to commercial communications satellites controlled under 9A004.a. 
and technology required for the development, production or overhaul of 
commercial aircraft engines controlled by ECCN 9E003.a.1. through a.12, 
.f, and related controls. These controls supplement the national 
security controls that apply to those items. Applications for export 
and reexport to all destinations will be reviewed on a case-by-case 
basis to determine whether the export or reexport is consistent with 
U.S. national security and foreign policy interests. The following 
factors are among those that will be considered to determine what 
action will be taken on license applications:
    (1) The country of destination;
    (2) The ultimate end-user(s);
    (3) The technology involved;
    (4) The specific nature of the end-use(s); and
    (5) The types of assurance against unauthorized use or diversion 
that are given in a particular case.
    (c) Contract sanctity. Contract sanctity provisions are not 
available for license applications reviewed under this Sec. 742.14.
    (d) [Reserved]

PART 752--[AMENDED]


Sec. 752.3  [Amended]

    11. Section 752.3 is amended by redesignating paragraphs (a)(7) and 
(a)(8) as (a)(9) and (a)(10) respectively, and by adding new paragraphs 
(a)(7) and (a)(8) to read as follows:


Sec. 752.3  Eligible items.

    (a) * * *
    (7) Commercial communications satellites controlled under ECCN 
9A004.a on the CCL;
    (8) Hot section technology for the development, production or 
overhaul of commercial aircraft engines controlled under ECCN 
9E003.a.1. through a.12. .f, and related controls;
* * * * *

PART 771A--[AMENDED]

    12. Section 771A.14 is amended by adding a new paragraph (d)(4) to 
read as follows:


Sec. 771A.14  General License GCG; Shipments to agencies of cooperating 
government.

* * * * *

[[Page 54544]]

    (d) * * *
    (4) No commercial communications satellites controlled under ECCN 
9A04.a. or hot section technology for the development, production or 
overhaul of commercial aircraft engines controlled under ECCN 9E03.a.1 
through a.12, and .f, and related controls may be exported under this 
general license.

PART 774--[AMENDED]

Supplement to Part 774, Category 9 [Revised]

    13. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9 (Propulsion Systems, Space Vehicles, and Related Equipment), 
ECCNs 9A004 and 9E003 are revised to read as follows:
    9A004 ``Spacecraft'', (not including their payloads) and specially 
designed components therefor that are not subject to the authority of 
the Department of State. (See notes.)

License Requirements

    Reason for Control: NS, AT, SI.

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

    SI applies to commercial communications satellites controlled by 
9A004.a. See Sec. 742.14 of the EAR for additional information.

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: Equipment in number; systems, components, parts and 
accessories in $ value.
    Related Controls: (1) The corresponding EU list number controls 
space launch vehicles (not including their payloads) and other 
``spacecraft'' (not identified in this CCL entry). These items are 
subject to the export licensing authority of the U.S. Department of 
State, Office of Defense Trade Controls (See 22 CFR part 121, 
Category XV). For the control status of products contained in 
``spacecraft'' payloads, see the appropriate categories of the U.S. 
Munitions List (USML). (2) For the control status of items contained 
in ``spacecraft'' payloads subject to the EAR, see the appropriate 
entries on the CCL.
    Related Definition: Transferring registration or operational 
control to any foreign person of any commercial communications 
satellite controlled by this entry must be authorized on a license 
issued by the Bureau of Export Administration. This requirement 
applies whether the commercial communications satellite is 
physically located in the United States or abroad.

List of Items Controlled

    a. Commercial communication satellites;

    Technical Note: Commercial communications satellites are subject 
to Commerce licensing jurisdiction even if they include the 
individual munitions list systems, components, or parts identified 
in Category XV(f) of the USML. In all other cases, these systems, 
components, or parts remain on the USML, except that non-embedded, 
solid propellant orbit transfer engines (``kick motors'') are 
subject to Commerce licensing jurisdiction (and not controlled under 
the USML) when they are to be utilized for the specific commercial 
communications satellite launch, provided the solid propellant 
``kick motor'' being utilized is not specifically designed or 
modified for military use or capable of being restarted after 
achievement of mission orbit (such orbit transfer engines are always 
controlled under Category IV of the USML). Technical data (as 
defined in Sec. 120.21 of the International Traffic in Arms 
Regulations (ITAR)) and defense services (as defined in Sec. 120.8 
of the ITAR) related to the systems, components, or parts referred 
to in Category XV(f) of the USML are always controlled under the 
USML, even when the satellite itself is licensed by the Department 
of Commerce.

    Note: Military communications satellites or multi-mission 
satellites, including commercial communications satellites having 
additional non-communication mission(s) or payload(s) are under the 
jurisdiction of the Department of State.

    b. [Reserved]
    c. Other ``spacecraft'' not subject to the export licensing 
authority of the U.S. Department of State, Office of Defense Trade 
Controls under 22 CFR part 121, Category XV.

    Notes: 1. ECCN 9A004.c includes the international space station 
being developed, launched and operated under the supervision of the 
U.S. National Aeronautics and Space Administration. Exporters 
requesting a license from the Department of Commerce for spacecraft 
other than the international space station or a commercial 
communications satellite specified in 9A004 must provide a statement 
from the Department of State, Office of Defense Trade Controls, 
verifying that the item intended for export is under the licensing 
jurisdiction of the Department of Commerce.
    2. All other spacecraft, including all other satellites not 
controlled under 9A004 and components, parts, accessories, 
attachments, associated equipment, and ground support equipment 
therefor are subject to the export licensing authority of the 
Department of State.
    3. Items on Category XV(f) of the USML that are included in a 
commercial communications satellite to be exported under a Commerce 
license must be specifically listed on the Commerce license 
application. Such items when not included in a specific commercial 
communications satellite are under the jurisdiction of the 
Department of State.
    4. Technical data provided to the launch provider (form, fit, 
function, mass, electrical, mechanical, dynamic/environmental, 
telemetry, safety, facility, launch pad access, and launch 
parameters) for commercial communications satellites that describe 
the interfaces for mating of the satellite to the launch vehicle and 
parameters for launch (e.g. orbit, timing) of the satellite, are 
under Commerce jurisdiction. Other technical data and all defense 
services and technical assistance for satellite and/or launch 
vehicles, including compatibility, integration, or processing data 
are controlled and subject to licensing by the Department of State, 
in accordance with 22 CFR parts 120 through 130. Approval for such 
technical assistance will require a Technical Assistance Agreement 
(TAA) and may require U.S. Government oversight.
    5. Once a satellite is launched, items remaining unlaunched are 
required to be returned immediately to the United States. If the 
satellite launch is canceled or unduly delayed, the satellite and 
all support equipment must be returned immediately to the United 
States.
    6. Detailed design, development, production, or manufacturing 
data for all spacecraft, including satellites, regardless of which 
agency has jurisdiction over the export, and all systems components, 
parts, accessories, attachments, and associated equipment (including 
ground support equipment) specifically designed or modified for 
articles under Category XV on the United States Munitions List 
(including software source code and operating algorithms) are 
subject to licensing by the Department of State. This does not 
include that level of technical data (including marketing data) 
necessary and reasonable for a purchaser to have assurance that a 
U.S.-built item intended to operate in space has been designed, 
manufactured and tested in conformance with specified contract 
requirements (e.g., operational performance, reliability, lifetime, 
product quality, or delivery expectations) as well as data necessary 
for normal in-orbit satellite operations, to evaluate in-orbit 
anomalies, and to operate and maintain associated ground station 
equipment (except encryption hardware).
* * * * *
    9E003  Other ``technology''.

License Requirements

    Reason for Control: NS, AT, SI.

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

    SI applies to 9E003. a.1. through a.12 and f. See Sec. 742.14 of 
the EAR for additional information.

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: N/A.
    Related Controls: (1) The corresponding EU List number does not 
control technology controlled under 9E003.f. (2) Hot section 
technology specifically designed, modified,

[[Page 54545]]

or equipped for military uses or purposes, or developed principally 
with U.S. Department of Defense funding, is subject to the 
jurisdiction of the Department of State. (3) Technology is subject 
to the EAR when actually applied to a commercial aircraft engine 
program. Exporters may seek to establish commercial application 
either on a case-by-case basis through submission of documentation 
demonstrating application to a commercial program in requesting an 
export license from Commerce in respect to a specific export or, in 
the case of use for broad categories of aircraft, engines, or 
components, a commodity jurisdiction determination from State.

Items

    a. ``Technology'' ``required'' for the ``development'', 
``production'' or overhaul of the following commercial aircraft 
engines, components or systems:
    a.1. Gas turbine blades, vanes or tip shrouds made from 
directionally solidified (DS) or single crystal (CS) alloys having 
(in the 001 Miller Index Direction) a stress-rupture life exceeding 
400 hours at 1,273 K (1,000  deg.C) at a stress of 200 MPa, based on 
the average property values;
    a.2. Multiple domed combustors operating at average burner 
outlet temperatures exceeding 1,643 K (1370  deg.C), or combustors 
incorporating thermally decoupled combustion liners, non-metallic 
liners or non-metallic shells;
    a.3. Components manufactured from organic ``composite'' 
materials designed to operate above 588 K (315  deg.C), or from 
metal ``matrix'' ``composite'', ceramic ``matrix'', intermetallic or 
intermetallic reinforced materials controlled by 1A002 or 1C007;
    a.4. Uncooled turbine blades, vanes, tip-shrouds or other 
components designed to operate at gas path temperatures of 1,323 K 
(1,050  deg.C) or more;
    a.5. Cooled turbine blades, vanes or tip-shrouds, other than 
those described in 9E003.a.1, exposed to gas path temperatures of 
1,643 K (1,370  deg.C) or more;
    a.6. Airfoil-to-disk blade combinations using solid state 
joining;
    a.7. Gas turbine engine components using ``diffusion bonding'' 
``technology'' controlled by 2E003.b;
    a.8. Damage tolerant gas turbine engine rotating components 
using powder metallurgy materials controlled by 1C002.b;
    a.9. Full authority digital electronic engine controls (FADEC) 
for gas turbine and combined cycle engines and their related 
diagnostic components, sensors and specially designed components;
    a.10. Adjustable flow path geometry and associated control 
systems for:
    a.10.a. Gas generator turbines;
    a.10.b. Fan or power turbines;
    a.10.c. Propelling nozzles;

    Note 1: Adjustable flow path geometry and associated control 
systems do not include inlet guide vanes, variable pitch fans, 
variable stators or bleed valves for compressors.
    Note 2: 9E003.a.10 does not control ``development'' or 
``production'' ``technology'' for adjustable flow path geometry for 
reverse thrust.

    a.11. Rotor blade tip clearance control systems employing active 
compensating casing ``technology'' limited to a design and 
development data base;
    a.12. Gas bearings for gas turbine engine rotor assemblies;
    a.13. Wide chord hollow fan blades without part-span support;

    Note: Also see 9E003.f.

    b. ``Technology'' ``required'' for the ``development'' or 
``production'' of:
    b.1. Wind tunnel aero-models equipped with non-intrusive sensors 
capable of transmitting data from the sensors to the data 
acquisition system;
    b.2. ``Composite'' propeller blades or propfans capable of 
absorbing more than 2,000 kW at flight speeds exceeding Mach 0.55;
    c. ``Technology'' ``required'' for the ``development'' or 
``production'' of gas turbine engine components using ``laser'', 
water jet or ECM/EDM hole drilling processes to produce holes with:
    c.1.a. Depths more than four times their diameter;
    c.1.b. Diameters less than 0.76 mm; and
    c.1.c. Incidence angles equal to or less than 25 deg.; or
    c.2.a. Depths more than five times their diameter;
    c.2.b. Diameters less than 0.4 mm; and
    c.2.c. Incidence angles of more than 25 deg.;

    Technical Note: For the purposes of 9E003.c, incidence angle is 
measured from a plane tangential to the airfoil surface at the point 
where the hole axis enters the airfoil surface.

    d. ``Technology'' ``required'' for the ``development'' or 
``production'' of helicopter power transfer systems or tilt rotor or 
tilt wing ``aircraft'' power transfer systems:
    d.1. Capable of loss-of-lubrication operation for 30 minutes or 
more; or
    d.2. Having an input power-to-weight ratio equal to or more than 
8.87 kW/kg.
    e.1 ``Technology'' for the ``development'' or ``production'' of 
reciprocating diesel engine ground vehicle propulsion systems having 
all of the following:
    e.1.a. A box volume of 1.2 m \3\ or less;
    e.1.b. An overall power output of more than 750 kW based on 80/
1269/EEC, ISO 2534 or national equivalents; and
    e.1.c. A power density of more than 700 kW/m \3\ of box volume;

    Technical Note: Box volume: the product of three perpendicular 
dimensions measured in the following way:

    Length: The length of the crankshaft from front flange to 
flywheel face;
    Width: The widest of the following:
    a. The outside dimension from valve cover to valve cover;
    b. The dimensions of the outside edges of the cylinder heads; or
    c. The diameter of the flywheel housing;
    Height: The largest of the following:
    a. The dimension of the crankshaft center-line to the top plane 
of the valve cover (or cylinder head) plus twice the stroke; or
    b. The diameter of the flywheel housing.
    e.2. ``Technology'' ``required'' for the ``production'' of 
specially designed components, as follows, for ``high output diesel 
engines'':
    e.2.a. ``Technology'' ``required'' for the ``production'' of 
engine systems having all of the following components employing 
ceramics materials controlled by 1C007:
    e.2.a.1. Cylinder liners;
    e.2.a.2. Pistons;
    e.2.a.3. Cylinder heads; and
    e.2.a.4. One or more other components (including exhaust ports, 
turbocharger, valve guides, valve assemblies or insulated fuel 
injectors);
    e.2.b. ``Technology'' ``required'' for the ``production'' of 
turbocharger systems, with single-stage compressors having all of 
the following:
    e.2.b.1. Operating at pressure ratios of 4:1 or higher;
    e.2.b.2. A mass flow in the range from 30 to 130 kg per minute; 
and
    e.2.b.3. Variable flow area capability within the compressor or 
turbine sections;
    e.2.c. ``Technology'' ``required'' for the ``production'' of 
fuel injection systems with a specially designed multifuel (e.g., 
diesel or jet fuel) capability covering a viscosity range from 
diesel fuel (2.5 cSt at 310.8 K (37.8 deg. C)) down to gasoline fuel 
(0.5 cSt at 310.8 K (37.8 deg. C)), having both of the following:
    e.2.c.1. Injection amount in excess of 230 mm \3\ per injection 
per cylinder;
    e.2.c.2. Specially designed electronic control features for 
switching governor characteristics automatically depending on fuel 
property to provide the same torque characteristics by using the 
appropriate sensors;
    e.3. ``Technology'' ``required'' for the ``development'' or 
``production'' of ``high output diesel engines'' for solid, gas 
phase or liquid film (or combinations thereof) cylinder wall 
lubrication, permitting operation to temperatures exceeding 723 K 
(450 deg. C), measured on the cylinder wall at the top limit of 
travel of the top ring of the piston.
    f. Technology not otherwise controlled in 9E003.a.1. through 
a.12 and currently used in the ``development'', ``production'' or 
overhaul of hot section parts and components of civil derivatives of 
military engines controlled on the U.S. Munitions List.

PART 776A--[AMENDED]

    14. Sections 776A.2 and 776A.20 are added effective October 21, 
1996 until November 1, 1996 to read as follows:


Sec. 776A.2  Commercial communications satellites.

    Pursuant to section 6 of the Export Administration Act of 1979, as 
amended, (EAA), foreign policy controls apply to commercial 
communications satellites controlled under 9A04.a. These controls 
supplement the national security controls that apply to those items.
    (a) License requirements. Individual validated licenses are 
required for all exports and reexports of commercial communications 
satellites controlled by ECCN 9A04A.a. to all destinations, except 
Canada.
    (b) License review policy. Applications for export and reexport

[[Page 54546]]

will be reviewed on a case-by-case basis to determine whether the 
export or reexport is consistent with U.S. national security and 
foreign policy interests. The following factors are among those that 
will be considered to determine what action will be taken on individual 
license applications:
    (1) The country of destination;
    (2) The ultimate end-users;
    (3) The technology involved;
    (4) The specific nature of the end-use(s); and
    (5) The types of assurance against unauthorized use or diversion 
that are given in a particular case.
* * * * *


Sec. 776A.20  Hot section technology for the development, production or 
overhaul of commercial aircraft engines, components or systems.

    Pursuant to section 6 of the Export Administration Act of 1979, as 
amended, (EAA), an individual validated export license is required for 
hot section technology related to the development, production or 
overhaul of commercial aircraft engines, components or systems. These 
controls supplement the national security controls that apply to those 
items.
    (a) License requirements. Individual validated licenses are 
required for all exports and reexports of hot section technology for 
the development, production or overhaul of civil gas turbine engines 
controlled by ECCN 9E03A.a.1 through a.12, .f, and related controls to 
all destinations, except Canada.
    (b) License review policy. Applications for export and reexports 
will be reviewed on a case-by-case basis to determine whether the 
export or reexport is consistent with U.S. national security and 
foreign policy interests. The following factors are among those that 
will be considered to determine what action will be taken on individual 
license applications:
    (1) The country of destination;
    (2) The ultimate end-users;
    (3) The technology involved;
    (4) The specific nature of the end-use(s); and
    (5) The types of assurance against unauthorized use or diversion 
that are given in a particular case.

PART 799A--[AMENDED]

    15. In Supplement No. 1 to Sec. 799A.1 (the Commerce Control List), 
Category 9 (Propulsion Systems and Transportation Equipment), ECCNs 
9A04A and 9E03A are revised effective October 21, 1996 until November 
1, 1996 to read as follows:
    9A04A   ``Spacecraft'' (not including their payloads), and 
specially designed components therefor that are not subject to the 
authority of the Department of State. (See notes.)

    Note: Space launch vehicles (not including their payloads) and 
other ``spacecraft'' (not identified in this CCL entry) are subject 
to the export licensing authority of the U.S. Department of State, 
Office of Defense Trade Controls (See 22 CFR part 121, Category XV). 
For the control status of products contained in ``spacecraft'' 
payloads, see the appropriate categories of the U.S. Munitions List 
(USML). For the control status of items contained in ``spacecraft'' 
payloads subject to the EAR, see the appropriate entries on the CCL.

Requirements

    Validated License Required: QSTVWYZ
    Unit: Equipment in number; parts and accessories in $ value
    Reason for Control: NS, FP (see Note)
    GLV: $0
    GCT: No
    GFW: No

    Note: FP controls apply to items controlled in 9A04.a (see 
Sec. 776.2 of this subchapter).

List of Items Controlled

    a. Commercial communications satellites;

    Technical Note: Commercial communications satellites are subject 
to Commerce licensing jurisdiction even if they include the 
individual munitions list systems, components, or parts identified 
in Category XV(f) of the USML. In all other cases, these systems, 
components, or parts remain on the USML, except that non-embedded, 
solid propellant orbit transfer engines (``kick motors'') are 
subject to Commerce licensing jurisdiction (and not controlled under 
the USML) when they are to be utilized for the specific commercial 
communications satellite launch, provided the solid propellant 
``kick motor'' being utilized is not specifically designed or 
modified for military use or capable of being restarted after 
achievement of mission orbit (such orbit transfer engines are always 
controlled under Category IV of the USML). Technical data (as 
defined in Sec. 120.21 of the International Traffic in Arms 
Regulations (ITAR)) and defense services (as defined in Sec. 120.8 
of the ITAR) related to the systems, components, or parts referred 
to in Category XV(f) of the USML are always controlled under the 
USML, even when the satellite itself is licensed by the Department 
of Commerce.

    Note: Military communications satellites or multi-mission 
satellites, including commercial communications satellites having 
additional non-communication mission(s) or payload(s) are under the 
jurisdiction of the Department of State.

    b. [Reserved]
    c. Other ``spacecraft'' not controlled under Category XV of the 
USML.

    Note: 9A04.c. includes the international space station being 
developed, launched and operated under the supervision of the U.S. 
National Aeronautics and Space Administration. Exporters requesting 
a validated license from the Department of Commerce for spacecraft 
other than the international space station or a commercial 
communication satellite specified in 9A04, must provide a statement 
from the Department of State, Office of Defense Trade Controls, 
verifying that the item intended for export is under the licensing 
jurisdiction of the Department of Commerce.

    Notes: 1. Transferring registration or operations control to any 
foreign person of any commercial communications satellite controlled 
by this entry must be authorized on a license issued by the Bureau 
of Export Administration. This requirement applies whether the 
commercial communications satellite is physically located in the 
United States or abroad.
    2. All other spacecraft, including all other satellites not 
controlled under 9A04, and components, parts, accessories, 
attachments, associated equipment, and ground support equipment 
therefor are subject to the export licensing authority of the 
Department of State.
    3. Items on Category XV(f) of the USML that are included in a 
commercial communications satellite to be exported under a Commerce 
license must be specifically listed on the Commerce license 
application. Such items when not included in a specific commercial 
communications satellite are under the jurisdiction of the 
Department of State.
    4. Technical data provided to the launch provider (form, fit, 
function, mass, electrical, mechanical, dynamic/environmental, 
telemetry, safety, facility, launch pad access, and launch 
parameters) for commercial communications satellites that describe 
the interfaces for mating of the satellite to the launch vehicle and 
parameters for launch (e.g. orbit, timing) of the satellite, are 
under Commerce jurisdiction. Other technical data and all defense 
services and technical assistance for satellite and/or launch 
vehicles, including compatibility, integration, or processing data 
are controlled and subject to licensing by the Department of State, 
in accordance with 22 CFR parts 120 through 130. Approval for such 
technical assistance will require a Technical Assistance Agreement 
(TAA) and may require U.S. Government oversight.
    5. Once a satellite is launched, items remaining unlaunched are 
required to be returned immediately to the United States. If the 
satellite launch is canceled or unduly delayed, the satellite and 
all support equipment must be returned immediately to the United 
States.
    6. Detailed design, development, production, or manufacturing 
data for all spacecraft, including satellites, regardless of which 
agency has jurisdiction over the export, and all systems components, 
parts, accessories, attachments, and associated equipment (including 
ground support equipment) specifically designed or modified for 
articles under Category XV on the United States Munitions List 
(including software source code and operating algorithms) are 
subject to licensing by the Department of State. This does not 
include that level of technical data (including marketing data) 
necessary and reasonable for a purchaser to have assurance that a 
U.S.-built item

[[Page 54547]]

intended to operate in space has been designed, manufactured and 
tested in conformance with specified contract requirements (e.g., 
operational performance, reliability, lifetime, product quality, or 
delivery expectations) as well as data necessary for normal in-orbit 
satellite operations, to evaluate in-orbit anomalies, and to operate 
and maintain associated ground station equipment (except encryption 
hardware).
    9E03A  Other technology, as follows:

Requirements

    Validated License Required: QSTVWYZ
    Reason for Control: NS, FP (see Note)
    GTDR: No
    GTDU: No
    GFW: No

    Note: FP controls apply to technology controlled in 9E03.a.1 
through a.12, and .f, and related controls (see Sec. 776.19 of this 
subchapter).

    Related controls: (1) Hot section technology specifically 
designed, modified, or equipped for military uses or purposes, or 
developed principally with U.S. Department of Defense funding, is 
subject to the jurisdiction of the Department of State. (2) 
Technology is subject to the EAR when actually applied to a 
commercial aircraft engine program. Exporters may seek to establish 
commercial application either on a case-by-case basis through 
submission of documentation demonstrating application to a 
commercial program in requesting an export license from Commerce in 
respect to a specific export or, in the case of use for broad 
categories of aircraft, engines, or components, a commodity 
jurisdiction determination from State.

List of Items Controlled

    a. ``Technology'' ``required'' for the ``development'' 
``production'' or overhaul of the following commercial aircraft 
engine components or systems:
    a.1. Gas turbine blades, vanes or tip shrouds made from 
directionally solidified (DS) or single crystal (CS) alloys having 
(in the 001 Miller Index Direction) a stress-rupture life exceeding 
400 hours at 1,273 K (1,000 deg. C) at a stress of 200 MPa, based on 
the average property values;
    a.2. Multiple domed combustors operating at average burner 
outlet temperatures exceeding 1,643 K (1370 deg. C), or combustors 
incorporating thermally decoupled combustion liners, non-metallic 
liners or non-metallic shells;
    a.3. Components manufactured from organic ``composite'' 
materials designed to operate above 588 K (315 deg. C), or from 
metal ``matrix'' ``composite'', ceramic ``matrix'', intermetallic or 
intermetallic reinforced materials controlled by 1A02 or 1C07;
    a.4. Uncooled turbine blades, vanes, tip-shrouds or other 
components designed to operate at gas path temperatures of 1,323 K 
(1,050 deg. C) or more;
    a.5. Cooled turbine blades, vanes or tip-shrouds, other than 
those described in 9E03.a.1, exposed to gas path temperatures of 
1,643 K (1,370 deg. C) or more;
    a.6. Airfoil-to-disk blade combinations using solid state 
joining;
    a.7. Gas turbine engine components using ``diffusion bonding'' 
``technology'' controlled by 2E03.b;
    a.8. Damage tolerant gas turbine engine rotating components 
using powder metallurgy materials controlled by 1C02.b;
    a.9. Full authority digital electronic engine controls (FADEC) 
for gas turbine and combined cycle engines and their related 
diagnostic components, sensors and specially designed components;
    a.10. Adjustable flow path geometry and associated control 
systems for:
    a.10.a. Gas generator turbines;
    a.10.b. Fan or power turbines;
    a.10.c. Propelling nozzles;

    Note 1: Adjustable flow path geometry and associated control 
systems do not include inlet guide vanes, variable pitch fans, 
variable stators or bleed valves for compressors.

    Note 2: 9E03.a.10 does not control ``development'' or 
``production'' ``technology'' for adjustable flow path geometry for 
reverse thrust.

    a.11. Rotor blade tip clearance control systems employing active 
compensating casing ``technology'' limited to a design and 
development data base;
    a.12. Gas bearings for gas turbine engine rotor assemblies;
    a.13. Wide chord hollow fan blades without part-span support;

    Note: Also see 9E03.f.

    b. ``Technology'' ``required'' for the ``development'' or 
``production'' of:
    b.1. Wind tunnel aero-models equipped with non-intrusive sensors 
capable of transmitting data from the sensors to the data 
acquisition system;
    b.2. ``Composite'' propeller blades or propfans capable of 
absorbing more than 2,000 kW at flight speeds exceeding Mach 0.55;
    c. ``Technology'' ``required'' for the ``development'' or 
``production'' of gas turbine engine components using ``laser'', 
water jet or ECM/EDM hole drilling processes to produce holes with:
    c.1.a. Depths more than four times their diameter;
    c.1.b. Diameters less than 0.76 mm; and
    c.1.c. Incidence angles equal to or less than 25 deg.; or
    c.2.a. Depths more than five times their diameter;
    c.2.b. Diameters less than 0.4 mm; and
    c.2.c. Incidence angles of more than 25 deg.;
    Technical Note: For the purposes of 9E03.c, incidence angle is 
measured from a plane tangential to the airfoil surface at the point 
where the hole axis enters the airfoil surface.

    d. ``Technology'' ``required'' for the ``development'' or 
``production'' of helicopter power transfer systems or tilt rotor or 
tilt wing ``aircraft'' power transfer systems:
    d.1. Capable of loss-of-lubrication operation for 30 minutes or 
more; or
    d.2. Having an input power-to-weight ratio equal to or more than 
8.87 kW/kg.
    e.1 ``Technology'' for the ``development'' or ``production'' of 
reciprocating diesel engine ground vehicle propulsion systems having 
all of the following:
    e.1.a. A box volume of 1.2 m \3\ or less;
    e.1.b. An overall power output of more than 750 kW based on 80/
1269/EEC, ISO 2534 or national equivalents; and
    e.1.c. A power density of more than 700 kW/m \3\ of box volume;

    Technical Note: Box volume: the product of three perpendicular 
dimensions measured in the following way:

    Length: The length of the crankshaft from front flange to 
flywheel face;
    Width: The widest of the following:
    a. The outside dimension from valve cover to valve cover;
    b. The dimensions of the outside edges of the cylinder heads; or
    c. The diameter of the flywheel housing;
    Height: The largest of the following:
    a. The dimension of the crankshaft center-line to the top plane 
of the valve cover (or cylinder head) plus twice the stroke; or
    b. The diameter of the flywheel housing.
    e.2. ``Technology'' ``required'' for the ``production'' of 
specially designed components, as follows, for ``high output diesel 
engines'':
    e.2.a. ``Technology'' ``required'' for the ``production'' of 
engine systems having all of the following components employing 
ceramics materials controlled by 1C07:
    e.2.a.1. Cylinder liners;
    e.2.a.2. Pistons;
    e.2.a.3. Cylinder heads; and
    e.2.a.4. One or more other components (including exhaust ports, 
turbocharger, valve guides, valve assemblies or insulated fuel 
injectors);
    e.2.b. ``Technology'' ``required'' for the ``production'' of 
turbocharger systems, with single-stage compressors having all of 
the following:
    e.2.b.1. Operating at pressure ratios of 4:1 or higher;
    e.2.b.2. A mass flow in the range from 30 to 130 kg per minute; 
and
    e.2.b.3. Variable flow area capability within the compressor or 
turbine sections;
    e.2.c. ``Technology'' ``required'' for the ``production'' of 
fuel injection systems with a specially designed multifuel (e.g., 
diesel or jet fuel) capability covering a viscosity range from 
diesel fuel (2.5 cSt at 310.8 K (37.8 deg. C)) down to gasoline fuel 
(0.5 cSt at 310.8 K (37.8 deg. C)), having both of the following:
    e.2.c.1. Injection amount in excess of 230 mm \3\ per injection 
per cylinder;
    e.2.c.2. Specially designed electronic control features for 
switching governor characteristics automatically depending on fuel 
property to provide the same torque characteristics by using the 
appropriate sensors;
    e.3. ``Technology'' ``required'' for the ``development'' or 
``production'' of ``high output diesel engines'' for solid, gas 
phase or liquid film (or combinations thereof) cylinder wall 
lubrication, permitting operation to temperatures exceeding 723 K 
(450 deg. C), measured on the cylinder wall at the top limit of 
travel of the top ring of the piston.
    f. Technology not otherwise controlled in 9E03.a.1. through a.12 
and currently used in the ``development'', ``production'' or 
overhaul of hot section parts and components of civil derivatives of 
military engines controlled on the U.S. Munitions List.


[[Page 54548]]


    Dated: October 15, 1996.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 96-26806 Filed 10-18-96; 8:45 am]
BILLING CODE 3510-33-P