[Federal Register Volume 65, Number 54 (Monday, March 20, 2000)]
[Rules and Regulations]
[Pages 14858-14862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6678]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 736, 738, 740, 742, 756, 762, 770, and 774

[Docket No. 000207028-0028-01]
RIN 0694-AC02


Editorial Clarifications and Revisions to the Export 
Administration Regulations

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Export Administration (BXA) is amending the 
Export Administration Regulations (EAR) to make certain editorial 
revisions and clarifications.

DATES: This rule is effective March 20, 2000.

FOR FURTHER INFORMATION CONTACT: Kirsten Mortimer, Office of Exporter 
Services, Bureau of Export Administration, Telephone: (202) 482-2440.

SUPPLEMENTARY INFORMATION: The Bureau of Export Administration (BXA) is 
amending the Export Administration Regulations (EAR) to make certain 
editorial revisions and clarifications. Specifically, this rule makes 
the following corrections and clarifications:
    (1) In paragraph 736.2(b)(5)--General Prohibition Five, a 
typographical error is corrected by changing the word ``of'' to ``or'.
    (2) In paragraph 736.2(b)(8)(i)--General Prohibition Eight 
(Unlading and shipping in transit), a clarification is made to the 
scope of this prohibition by adding the phrase ``or unless such an 
export or reexport is eligible to such a country of transit without a 
license''.
    (3) In paragraph 738.3(a)(2)(ii), ECCNs 0A989, 1C355, and 1C995 are 
added to the list of unique entries, while ECCNs 0A986 and 1A005 are 
removed from the list of unique entries. These entries do not require 
you to consult the Country Chart to determine whether a license is 
required.
    (4) In paragraph 740.7(d)(5)(iii), the reference to the Arms 
Control and Disarmament Agency (ACDA) is removed. This reflects the 
merging of the ACDA with the State Department effective April 1, 1999.
    (5) In Supplement No. 1 to part 740, Country Group B, an error is 
corrected in the spelling of Antigua.
    (6) Supplement No. 3 to part 740 is removed and reserved. This 
change conforms with the January 14, 2000 rule amending the EAR with 
respect to encryption items.
    (7) In paragraph 742.7(a)(1), ECCN 0A987 is added to the list 
describing the ECCNs controlled under CC Column 1. This change conforms 
with the April 13, 1999 rule amending the EAR with respect to firearms 
exports.
    (8) In paragraph 742.10(b)(1), a description of the denial policy 
for Sudan of technology for the production of Chemical Weapons 
Convention (CWC) Schedules 2 and 3 chemicals controlled under ECCN 
1E355 is added. This change conforms with May 18, 1999 rule amending 
the EAR to implement the CWC.
    (9)-(10) In paragraph 756.2(b)(1) (Appeals), a correction is made 
to the room number where appeals are filed.
    (11) In paragraph 762.2(b) (Recordkeeping), additional record 
retention references are added to reflect new annual report and end-use 
certificate requirements under the CWC. This change conforms with the 
May 18, 1999 rule amending the EAR to implement the CWC.
    (12) In paragraph 770.3(b) (Interpretations), references to section 
740.8 are corrected to refer to the appropriate references to section 
740.13.
    (13) In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' and Toxins, the 
reference to MT controls (Missile Technology) in the Reason for Control 
section is removed from Export Control Classification Number (ECCN) 
1C216. This ECCN is only controlled for NP (Nuclear Nonproliferation) 
and AT (Anti-terrorism) reasons.
    (14) In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' and Toxins, 
corrections are made to the heading and License Requirements sections 
of ECCN 1E001. Specifically, ECCN 1A102 is removed from the ECCN 
heading. ECCN 1A005 is added to the ECCN heading and the NS (National 
Security) controls section. This change conforms with the Wassenaar 
Arrangement. In addition, ECCNs 1B225, 1C230, 1C231, 1C233, and 1C234 
are removed from the NS controls section. These ECCNs are appropriately 
referenced in the NP controls section of ECCN 1E001.
    (15) In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, ECCN 3A002 is amended by revising ``3A202'' in 
Related Controls and N.B. to read ``3A292''. This correction reflects 
the August 5, 1997 removal of ECCN 3A202 and creation of ECCN 3A292 on 
the Commerce Control List.
    (16) In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, ECCN 6A002 is amended by adding the 
phrase ``Equipment in Number'' to the ``Unit'' paragraph in the List of 
Items Controlled section. This corrects an inadvertent omission from 
the March 25, 1996 rule simplifying the EAR.
    Although the Export Administration Act (EAA) expired on August 20, 
1994, the President invoked the International Emergency Economic Powers 
Act and continued in effect the EAR, and to the extent permitted by 
law, the provisions of the EAA, as amended, in Executive Order 12924 of 
August 19, 1994, as extended by the President's notices of August 15, 
1995 (60 FR 42767), August 14, 1996 (61 FR 42527), August 13, 1997 (62 
FR 43629), August 13, 1998 (63 FR 44121) and August 13, 1999 (64 FR 
44101).

Rule Making Requirements

    1. This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to nor 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 current valid OMB Control Number. 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 0694-0088, 
0694-0114,

[[Page 14859]]

and 0694-0117. There are neither additions nor subtractions to these 
collections due to this rule.
    3. This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism assessment under 
Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public participation, and a delay in effective date, are inapplicable 
because this regulation involves a military and foreign affairs 
function of the United States (5 U.S.C. 553(a)(1)). Further, no other 
law requires that a notice of proposed rulemaking and an opportunity 
for public comment be given for this interim rule. Because a notice of 
proposed rulemaking and an opportunity for public comment are not 
required to be given for this rule under the Administrative Procedure 
Act or by any other law, the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore, 
this regulation is issued in final form. Although there is no formal 
comment period, public comments on this regulation are welcome on a 
continuing basis. Comments should be submitted to Kirsten Mortimer, 
Office of Exporter Services, Bureau of Export Administration, 
Department of Commerce, P.O. Box 273, Washington, D.C. 20044.

List of Subjects

15 CFR Part 736, 738, 742, 770, and 774

    Exports, Foreign trade.

15 CFR Part 740

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

15 CFR Part 756

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

15 CFR Part 762

    Administrative practice and procedure, Business and industry, 
Confidential business information, Exports, Foreign trade, Reporting 
and recordkeeping requirements.

    Accordingly, parts 736, 738, 740, 742, 748, 756, 762, 770, and 774 
of the Export Administration Regulations (15 CFR Parts 730-774) are 
amended as follows:
    1. The authority citations for 15 CFR Parts 736, 748 and 770 
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. 13026, 61 FR 
58767, 3 CFR, 1996 Comp., p. 228; Notice of August 10, 1999, 64 FR 
44101 (August 13, 1999);

    2. The authority citation for 15 CFR Part 738 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; 30 U.S.C. 185(s), 
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. 
app. 466c; 50 U.S.C. app. 5; E.O. 12924, 59 FR 43437, 3 CFR, 1994 
Comp., p. 917; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; 
Notice of August 10, 1999, 64 FR 44101 (August 13, 1999);


    3. 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; E.O. 13026, 61 
FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of August 10, 1999, 64 
FR 44101 (August 13, 1999).


    4. 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; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of 
November 12, 1998, 63 FR 63589, 3 CFR, 1998 Comp., p. 305; Notice of 
August 10, 1999, 64 FR 44101 (August 13, 1999).


    5. The authority citation for 15 CFR parts 756 and 762 are revised 
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 
10, 1999, 64 FR 44101 (August 13, 1999).


    6. 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; 30 U.S.C. 185(s), 
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. 
app. 466c; 50 U.S.C. app. 5; E.O. 12924, 59 FR 43437, 3 CFR, 1994 
Comp., p. 917; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; 
Notice of August 10, 1999, 64 FR 44101 (August 13, 1999).

PART 736--[AMENDED]

    7. Section 736.2 is amended:
    a. By revising the phrase ``end-user of end-use'' in paragraph 
(b)(5) to read ``end-user or end-use'; and

    b. By revising paragraph (b)(8)(i) to read as follows:


Sec. 736.2  General prohibitions and determination of applicability.

* * * * *
    (b) * * *
    (8) * * *
    (i) Unlading and shipping in transit. You may not export or 
reexport an item through or transit through a country listed in 
paragraph (b)(8)(ii) of this section unless a License Exception or 
license authorizes such an export or reexport directly to such a 
country of transit, or unless such an export or reexport is eligible to 
such a country of transit without a license.
* * * * *

PART 738--[AMENDED]


Sec. 738.3  [Amended]

    8. Section 738.3 is amended by revising the phrase ``ECCNs 0A986, 
0A988, 0B986, 1A005, 2A994, 2D994, and 2E994.'' in paragraph (a)(2)(ii) 
to read ``ECCNs 0A988, 0A989, 0B986, 1C355, 1C995, 2A994, 2D994, and 
2E994.''

PART 740--[AMENDED]


Sec. 740.7  [Amended]

    9. Section 740.7 is amended by revising the phrase ``Departments of 
Defense, Energy, State, and the Arms Control and Disarmament Agency 
(ACDA)'' in paragraph (d)(5)(iii) to read ``Departments of Defense, 
Energy, and State''.

    10. Supplement No. 1 to part 740, Country Group B, is amended by 
revising ``Antiqua'' to read ``Antigua''.

    11. Supplement No. 3 to part 740 is removed and reserved.

PART 742--[AMENDED]


Sec. 742.7  [Amended]

    12. Section 742.7 is amended by revising the phrase ``0A985, 
0E984'' in paragraph (a)(1) to read ``0A985, 0A987, 0E984''.


Sec. 742.10  [Amended]

    13. Section 742.10 is amended by adding paragraph (b)(1)(viii) to 
read as follows:


742.10  Anti-terrorism: Sudan.

* * * * *
    (b) * * *
    (1) * * *
    (viii) Technology for the production of Chemical Weapons Convention

[[Page 14860]]

(CWC) Schedule 2 and 3 chemicals controlled under ECCN 1E355.
* * * * *

PART 756--[AMENDED]


Sec. 756.2  [Amended]

    14.-15. Section 756.2 is amended by revising ``Room H-3886C'' in 
paragraph (b)(1) to read ``Room 3898''.

PART 762--[AMENDED]


Sec. 762.2  [Amended]

    16. Section 762.2 is amended by revising paragraphs (b)(37) and 
(b)(38) and adding paragraphs (b)(39) and (b)(40) to read as follows:


Sec. 762.2  Records to be retained.

* * * * *
    (b) * * *
    (37) Sec. 743.1, Wassenaar reports;
    (38) Sec. 748.14, Exports of firearms;
    (39) Sec. 745.1, Annual reports; and
    (40) Sec. 745.2, End-use certificates.

PART 770--[AMENDED]


Sec. 770.3  [Amended]

    17. Sec. 770.3 is amended by revising the phrase ``operating 
technology and software described in Sec. 740.8(a) of the EAR; sales 
technology described in Sec. 740.8(b) of the EAR; and software updates 
described in Sec. 740.8(c)'' in paragraph (b) to read ``operating 
technology and software described in Sec. 740.13(a) of the EAR; sales 
technology described in Sec. 740.13(b) of the EAR; and software updates 
described in Sec. 740.13(c)''.

PART 774--[AMENDED]

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

    18. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms,'' and Toxins, is 
amended:
    a. By revising the License Requirements section for ECCN 1C216; and

    b. By revising the entry heading and License Requirements section 
for ECCN 1E001, as follows:

1C216  Maraging Steel, Other Than That Controlled by 1C116, Capable 
of an Ultimate Tensile Strength of 2,050 MPa or More, at 293 K 
(20 deg. C), Except Forms in Which no Linear Dimension Exceeds 75 
mm

License Requirements
    Reason for Control: NP, AT.

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

* * * * *

1E001   ``Technology'' According to the General Technology Note for 
the ``Development'' or ``Production'' of Items Controlled by 
1A001.b, 1A001.c, 1A002, 1A003, 1A005, 1B or 1C (Except 1C355, 
1C980 to 1C984, 1C988, 1C990, 1C991, 1C992, and 1C995)

License Requirements

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

------------------------------------------------------------------------
                 Control(s)                         Country chart
------------------------------------------------------------------------
NS applies to ``technology'' for items       NS Column 1.
 controlled by 1A001.b and .c, 1A002,
 1A003, 1A005, 1B001 to 1B003, 1B018, 1C001
 to 1C010, or 1C018.
MT applies to ``technology'' for items       MT Column 1.
 controlled by 1B001, 1B101, 1B115, 1B116,
 1B117, 1C001, 1C007, 1C101, 1C107, 1C011,
 1C111, 1C116, 1C117, or 1C118 for MT
 reasons.
NP applies to ``technology'' for items       NP Column 1.
 controlled by 1A002, 1B001, 1B101, 1B201,
 1B225 to 1B232, 1C001, 1C010, 1C202,
 1C210, 1C216, 1C225 to 1C234, 1C236 to
 1C238 for NP reasons.
CB applies to ``technology'' for items       CB Column 1.
 controlled by 1C351, 1C352, 1C353, or
 1C354.
CB applies to ``technology'' for materials   CB Column 2.
 controlled by 1C350.
AT applies to entire entry.................  AT Column 1.
------------------------------------------------------------------------

    License Requirement Notes: See Sec. 743.1 of the EAR for reporting 
requirements for exports under License Exceptions.
* * * * *

    19. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A002 is amended by revising the List of Items Controlled section, to 
read as follows:

3A002  General Purpose Electronic Equipment, as Follows (See List 
of Items Controlled)

* * * * *

List of Items Controlled

    Unit: Number.
    Related Controls: See also 3A292 and 3A992.
    Related Definitions: N/A.
    Items:
    a. Recording equipment, as follows, and specially designed test 
tape therefor:
    a.1. Analog instrumentation magnetic tape recorders, including 
those permitting the recording of digital signals (e.g., using a high 
density digital recording (HDDR) module), having any of the following:
    a.1.a. A bandwidth exceeding 4 MHz per electronic channel or track;
    a.1.b. A bandwidth exceeding 2 MHz per electronic channel or track 
and having more than 42 tracks; or
    a.1.c. A time displacement (base) error, measured in accordance 
with applicable IRIG or EIA documents, of less than  0.1 
s;

    Note: Analog magnetic tape recorders specially designed for 
civilian video purposes are not considered to be instrumentation 
tape recorders.

    a.2. Digital video magnetic tape recorders having a maximum digital 
interface transfer rate exceeding 360 Mbit/s;

    Note: 3A002.a.2 does not control digital video magnetic tape 
recorders specially designed for television recording using a signal 
format, which may include a compressed signal format, standardized 
or recommended by the ITU, the IEC, the SMPTE, the EBU or the IEEE 
for civil television applications.

    a.3. Digital instrumentation magnetic tape data recorders employing 
helical scan techniques or fixed head techniques, having any of the 
following:
    a.3.a. A maximum digital interface transfer rate exceeding 175 
Mbit/s; or
    a.3.b. Being ``space qualified'';

    Note: 3A002.a.3 does not control analog magnetic tape recorders 
equipped with HDDR conversion electronics and configured to record 
only digital data.

    a.4. Equipment, having a maximum digital interface transfer rate 
exceeding 175 Mbit/s, designed to convert digital

[[Page 14861]]

video magnetic tape recorders for use as digital instrumentation data 
recorders;
    a.5. Waveform digitizers and transient recorders having all of the 
following:
    N.B.: See also 3A292.
    a.5.a. Digitizing rates equal to or more than 200 million samples 
per second and a resolution of 10 bits or more; and
    a.5.b. A continuous throughput of 2 Gbit/s or more;

    Technical Note: For those instruments with a parallel bus 
architecture, the continuous throughput rate is the highest word 
rate multiplied by the number of bits in a word. Continuous 
throughput is the fastest data rate the instrument can output to 
mass storage without the loss of any information while sustaining 
the sampling rate and analog-to-digital conversion.

    b. ``Frequency synthesizer'', ``assemblies'' having a ``frequency 
switching time'' from one selected frequency to another of less than 1 
ms;
    c. ``Signal analyzers'', as follows:
    c.1. ``Signal analyzers'' capable of analyzing frequencies 
exceeding 31 GHz;
    c.2. ``Dynamic signal analyzers'' having a ``real-time bandwidth'' 
exceeding 25.6 kHz;

    Note: 3A002.c.2 does not control those ``dynamic signal 
analyzers'' using only constant percentage bandwidth filters (also 
known as octave or fractional octave filters).


    Technical Note: Constant percentage bandwidth filters are also 
known as octave or fractional octave filters.

    d. Frequency synthesized signal generators producing output 
frequencies, the accuracy and short term and long term stability of 
which are controlled, derived from or disciplined by the internal 
master frequency, and having any of the following:
    d.1. A maximum synthesized frequency exceeding 31 GHz;
    d.2. A ``frequency switching time'' from one selected frequency to 
another of less than 1 ms; or
    d.3. A single sideband (SSB) phase noise better than -(126 + 20 
log10F--20 log10f) in dBc/Hz, where F is the off-
set from the operating frequency in Hz and f is the operating frequency 
in MHz;

    Note: 3A002.d does not control equipment in which the output 
frequency is either produced by the addition or subtraction of two 
or more crystal oscillator frequencies, or by an addition or 
subtraction followed by a multiplication of the result.

    e. Network analyzers with a maximum operating frequency exceeding 
40 GHz;
    f. Microwave test receivers having all of the following:
    f.1. A maximum operating frequency exceeding 40 GHz; and
    f.2. Being capable of measuring amplitude and phase simultaneously;
    g. Atomic frequency standards having any of the following:
    g.1. Long-term stability (aging) less (better) than 1 x 
10-11/month; or
    g.2. Being ``space qualified''.

    Note: 3A002.g.1 does not control non-``space qualified'' 
rubidium standards.

    20. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A002 is amended by revising the List of Items Controlled 
section, to read as follows:

6A002  Optical Sensors

* * * * *

List of Items Controlled

    Unit: Equipment in number; parts and accessories in $ value.
    Related Controls: See also 6A102, 6A202, and 6A992.
    Related Definitions: 1.) ``Image intensifiers'' defined in 
6A002.a.2 and ``focal plane arrays'' defined in 6A002.a.3 specially 
designed, modified, or configured for military use and not part of 
civil equipment are subject to the export licensing authority of U.S. 
Department of State, Office of Defense Trade Controls (22 CFR part 
121). 2.) ``Space qualified'' ``monospectral imaging sensors'', and 
``multispectral imaging sensors'' defined in 6A002.b, and ``space-
qualified'' ``focal plane arrays'' defined in 6A002.e, specially 
designed or modified for items on the U.S. Munitions List are subject 
to the export licensing authority of the Department of State, Office of 
Defense Trade Controls (22 CFR part 121).
    Items:
    a. Optical detectors, as follows:

    Note: 6A002.a does not control germanium or silicon 
photodevices.

    a.1. ``Space-qualified'' solid-state detectors, as follows:
    a.1.a. ``Space-qualified'' solid-state detectors, having all 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. ``Space-qualified'' solid-state detectors, having all of the 
following:
    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;
    a.1.c. ``Space-qualified'' solid-state detectors having 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 the 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 15 m or less; and
    a.2.a.3. Photocathodes, as follows:
    a.2.a.3.a. S-20, S-25 or multialkali photocathodes with a luminous 
sensitivity exceeding 240 A/lm;
    a.2.a.3.b. GaAs or GaInAs photocathodes; or
    a.2.a.3.c. Other III-V compound semiconductor photocathodes;

    Note: 6A002.a.2.a.3.c does not control compound semiconductor 
photocathodes with a maximum radiant sensitivity of 10 mA/W or less.

    a.2.b. Specially designed components, as follows:
    a.2.b.1. Microchannel plates having a hole pitch (center-to-center 
spacing) of 15 m or less;
    a.2.b.2. GaAs or GaInAs photocathodes;
    a.2.b.3. Other III-V compound semiconductor photocathodes;

    Note: 6A002.a.2.b.3 does not control compound semiconductor 
photocathodes with a maximum radiant sensitivity of 10 mA/W or less.

    a.3. Non-``space-qualified'' ``focal plane arrays'', as follows:

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


    Notes: 1. 6A002.a.3 includes photoconductive arrays and 
photovoltaic arrays.
    2. 6A002.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.3.a. Non-``space-qualified'' ``focal plane arrays'', having all 
of the following:
    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. Non-``space-qualified'' ``focal plane arrays'', having all 
of the following:
    a.3.b.1. Individual elements with a peak response in the wavelength 
range

[[Page 14862]]

exceeding 1,050 nm but not exceeding 1,200 nm; and
    a.3.b.2. A response ``time constant'' of 95 ns or less;
    a.3.c. Non-``space-qualified'' ``focal plane arrays'', having 
individual elements with a peak response in the wavelength range 
exceeding 1,200 nm but not exceeding 30,000 nm.
    b. ``Monospectral imaging sensors'' and ``multispectral imaging 
sensors'' designed for remote sensing applications, having any of the 
following:
    b.1. An Instantaneous-Field-Of-View (IFOV) of less than 200 
r (microradians); or
    b.2. Being specified for operation in the wavelength range 
exceeding 400 nm but not exceeding 30,000 nm and having all the 
following;
    b.2.a. Providing output imaging data in digital format; and
    b.2.b. Being any of the following:
    b.2.b.1. ``Space-qualified''; or
    b.2.b.2. Designed for airborne operation, using other than silicon 
detectors, and having an IFOV of less than 2.5 mr (milliradians).
    c. Direct view imaging equipment operating in the visible or 
infrared spectrum, incorporating any of the following:
    c.1. Image intensifier tubes having the characteristics listed in 
6A002.a.2.a; or
    c.2. ``Focal plane arrays'' having the characteristics listed in 
6A002.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: 6A002.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, having 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 having bore 
(outside) diameters of less than 8 mm;
    d.3. Optical sensing fibers specially fabricated either 
compositionally or structurally, or modified by coating, to be 
acoustically, thermally, inertially, electromagnetically or nuclear 
radiation sensitive.
    e. ``Space qualified'' ``focal plane arrays'' having more than 
2,048 elements per array and having a peak response in the wavelength 
range exceeding 300 nm but not exceeding 900 nm.

    Dated: March 9, 2000.
R. Roger Majak,
Assistant Secretary for Export Administration.
[FR Doc. 00-6678 Filed 3-17-00; 8:45 am]
BILLING CODE 3510-33-P