[Federal Register Volume 68, Number 63 (Wednesday, April 2, 2003)]
[Rules and Regulations]
[Pages 16144-16159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7695]



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Part III





Department of Commerce





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Bureau of Industry and Security



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15 CFR Parts 740, et al.



Revisions to the Export Administration Regulations Related to the 
Missile Technology Control Regime (MTCR); Final Rule

  Federal Register / Vol. 68, No. 63 / Wednesday, April 2, 2003 / Rules 
and Regulations  

[[Page 16144]]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR parts 740, 742, and 774

[Docket No. 030304054-3054-01]
RIN 0694-AC22


Revisions to the Export Administration Regulations Related to the 
Missile Technology Control Regime (MTCR)

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the 
Commerce Control List (CCL) to reflect the reformatted Missile 
Technology Control Regime (MTCR) Annex of October 14, 1999. This final 
rule also amends Country Group A:2, MTCR, to add the Czech Republic, 
Korea (Republic of), Poland, Turkey, and Ukraine to reflect their 
membership in the MTCR. This revision also corrects the control text in 
9B106 that erroneously captures standalone altitude chambers, and 
corrects the MT/NP reason for control of spin forming and flow forming 
machines described in 2B009.

DATES: This rule is effective April 2, 2003.

FOR FURTHER INFORMATION CONTACT: Sharron Cook, Office of Exporter 
Services, Bureau of Industry and Security, Telephone: (202) 482-2440.

SUPPLEMENTARY INFORMATION: The Missile Technology Control Regime (MTCR) 
is an export control arrangement among 33 nations including the world's 
most advanced suppliers of ballistic missiles and missile-related 
materials and equipment. The regime is designed to stem the spread of 
rockets and unmanned air vehicles systems capable of delivering weapons 
of mass destruction by establishing a common export control policy (the 
Guidelines) and a shared list of controlled items (the Annex) that each 
country implements with its own national legislation.
    While the MTCR was originally meant to prevent the spread of 
missiles capable of carrying a nuclear warhead, it was expanded in 
January 1993 to also cover delivery systems for chemical and biological 
weapons. The only absolute prohibition in the regime's Guidelines is on 
the transfer of complete ``production facilities'' for specially 
designed items in Category I of the MTCR Annex.
    Unlike the Nuclear Non-Proliferation Treaty, which seeks to prevent 
the spread of nuclear weapons, the MTCR is neither an international 
treaty nor a legally binding agreement. MTCR members voluntarily pledge 
to adopt the regime's export Guidelines and to restrict the export of 
items contained in the regime's Annex. Except for production facilities 
specially designed for Category I items, trade of MTCR controlled items 
is not absolutely prohibited by the Guidelines, but is constrained by 
national export control laws and policies.

Membership

    The current membership of the MTCR includes: Argentina, Australia, 
Austria, Belgium, Brazil, Canada, the Czech Republic, Denmark, Finland, 
France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Korea 
(Republic of), Luxembourg, The Netherlands, New Zealand, Norway, 
Poland, Portugal, Russia, South Africa, Spain, Sweden, Switzerland, 
Turkey, Ukraine, United Kingdom, and United States (original members in 
bold).
    While all nations have been encouraged to abide by the MTCR's 
terms, not all states have been invited to become formal regime 
members. Membership decisions, like all other regime decisions, are 
made only by consensus. Regime partners attend annual meetings, share 
information about other nations' export control programs and 
proliferation concerns, conduct export control workshops and are 
involved in revising and updating the regime's Guidelines and technical 
Annex. Meetings are not public due to the sensitive nature of the 
discussions.
    This final rule amends Country Group A:2, Missile Technology 
Control Regime (MTCR), to add the Czech Republic, Korea (Republic of), 
Poland, Turkey, and Ukraine. Country Groups are used to identify groups 
of countries for ease of reference when stating license requirements, 
license review policy or eligibility for License Exceptions. These 
countries were admitted to the MTCR. Consequently, the Export 
Administration Regulations (EAR) are amended to reflect the new status 
of these countries.
    This rule also amends the Commerce Control List (CCL) to reflect 
the reformatted MTCR Annex of October 14, 1999 (Noordwijk/TEM). The 
reformatting of the MTCR Annex was an exercise in redrafting the Annex 
to conform to the former CoCom List structure that contains five 
individual groupings for the ``Equipment, Assemblies and Components'', 
``Test and Production Equipment'', ``Materials'', ``Software'' and 
``Technology''. Most of our MTCR partners are intimately familiar with 
such a list structure and it facilitates ease in translating the MTCR 
Annex changes to national legislation. This is the same structure used 
in the CCL and European Union List. As a result of reformatting and the 
need to succinctly separate software and technology controls, the 
revisions in this rule provide clarity and ensure consistent 
interpretations. The MTCR adopted a software definition, general 
software note and general technology note, consistent with those 
outlined in the Wassenaar Arrangement. The reformatted MTCR Annex 
includes adopted changes to clarify the equipment intended to be 
controlled by the MTCR for testing, calibrating and aligning inertial 
equipment (e.g., balancing machines, motion simulators/rate tables, 
positioning tables, etc.), production equipment for manufacturing 
propellants, and control of certain specialty steels for manufacturing 
missiles. These changes were published in the Federal Register/Vol. 64, 
No. 25 on February 8, 1999. However, our MTCR partners chose to wait 
for the adoption of the reformatted Annex before publishing these 
changes. Consequently, in this revision to the EAR, several Export 
Control Classification Numbers (ECCNs) had to be renumbered and/or 
subdivided into multiple entries. For example, the balancing machines, 
motion simulators/rate tables, positioning tables, and centrifuges 
controlled in 7B104.a through .e have been moved to new individual 
entries under 2B119 through 2B122. Continuous mixers and fluid energy 
mills controlled in 1B117 have been moved to new ECCNs 1B118 and 1B119, 
respectively. Other revisions to the EAR include relaxation in the 
controls of certain metal fuels described in 1C111 by reducing their 
particle size. The metal fuels include magnesium, beryllium, boron, 
zirconium and spherical aluminum powders. For spherical aluminum powder 
an additional parameter on particle size distribution has been 
introduced to ensure that a sufficient amount of such powder with small 
enough particle sizes remains controlled. This revision also corrects 
the control text in 9B106 that erroneously captures standalone altitude 
chambers, and corrects the MT/NP reason for control of spin forming and 
flow forming machines described in 2B009.
    This rule replaces references to the ``Office of Defense Trade 
Controls'' with the ``Directorate of Defense Trade Controls,'' because 
the State Department realigned responsibilities for

[[Page 16145]]

administering defense trade controls, on January 16, 2003.
    The summary of changes listed here shows those ECCNs that are 
impacted by the reformatting and is not intended to be a comprehensive 
list of changes.

Newly Added Export Control Classification Numbers (ECCNs)

1A101--Devices for reduced observables (previously 1C101).
1B102--Metal powder ``production equipment'' (formerly 1B117.d).
1B118--Continuous mixers (formerly 1B117.b).
1B119--Fluid energy mills (formerly 1B117.c).
1C102--Resaturated pyrolized carbon-carbon materials (previously 1A102)
2B119--Balancing machines and related equipment (previously 7B104.a and 
b)
2B120--Motion simulators or rate tables (equipment capable of 
simulating motion) (previously 7B104.c)
2B121--Positioning tables (equipment capable of precise rotary position 
in any axis), other than those controlled in 2B120 (previously 7B104.d)
2B122--Centrifuges able to imparting accelerations above 100 g and 
having slip rings capable of transmitting electrical power and signal 
information (previously 7B104.e)
6A103--Radomes usable in protecting rockets against nuclear effects. 
(DTC jurisdiction)
9C110--Resin impregnated fiber prepeg materials (previously 9A110)
9D104--Moved former 9D102 to this new entry and removed ``use'' 
software for those composite structures and prepregs controlled in 
9A110.
9D105--Software which coordinates the function of more than one 
subsystem. (new entry under DTC jurisdiction).

Deleted ECCN's

1D102--Removed ``development'' and ``production'' software in 1D102 for 
items in 1A, 1B and 1C. Other specially designed software for the 
``use'' of MT items in 1A, 1B and 1C are now covered in 1D101.
3D102--No MT controls on development and production software for 
radiation hardened IC's (3A001.a.1.a) or accelerators (3A101).
4D102--No MT controls on software for the development, production, and 
use of equipment in 4A101.
5E111--Moved technology for the development, production and use of 
software controlled by 5D101, to 5E101.
6D104--Removes ``use'' software controls for optical detectors (6A002), 
cameras (6A003), gravity meters & gravity gradiometers (6A007), 
radiation hardened detectors (6A102) and radar cross section 
measurement systems (6B108).
6E102--No MT controls on ``use'' technology for 6D001 & 6D002.
7B104--Moved specific production equipment for inertial systems to 
2B119 through 2B122.
9D102--``Use'' software combined into 9D104.

Revisions

1A102--Moves materials to 1C102. This entry now controls carbon-carbon 
components, only.
1B101--Expands heading to clarify that this entry also controls 
equipment for the ``production'' of fibers, prepregs or preforms.
1B115--Combines 1B115 with 1B117.e and .f. This entry formerly 
controlled liquid propellant production equipment; but now controls 
both liquid and solid propellant production equipment, n.e.s.
1B117--Splits entry. This entry formerly controlled solid propellant 
production equipment; but now controls only batch mixers (previously 
1B117.a) [.b moved to 1B118; .c moved to 1B119; .d moved to 1B102; .e 
moved to 1B115.b; and .f moved to heading of 1B115]
1C010--Adds 9C110 to the Related Controls paragraph.
1C101--Splits the ``devices'' from this ECCN and moved them to 1A101.
1C107--Harmonizes list of items controlled with MTCR.
1C111--Relaxes controls on certain metal fuels, by reducing particle 
size for certain metal fuels.
1C118--Revises the heading, and harmonized the numbering with the EU 
list.
1D002--Removes MT controls, the MTCR does not control software for the 
development of organic matrix, metal matrix, or carbon matrix laminates 
or composites.
1D101--Adds MT controls for ``use'' software for propellant production 
equipment described in 1B102, 1B115, 1B117 to 1B119.
1D103--Revises the Heading, and adds a note in the Related Controls 
paragraph of the List of Items Controlled section that alerts exporters 
that similar items are controlled on the USML in the ITAR and clarifies 
what is controlled in this entry.
1E001--Conforming changes to MT controls.
1E101--Conforming changes to heading, added 1A101, 1B102, 1B115, 1B118, 
and 1B119.
1E102--Adds a note from the MTCR (17E1) to the Related Controls 
paragraph.
1E103--Clarifies the technology control to harmonize with the MTCR 
Annex (6.E.2).
1E104--Harmonizes the heading with the EU and MTCR Annex (7.E.1).
2B009--Corrects the MT reason for control.
2B104--Adds a technical note to the related definitions section.
2B109--Adds components to units paragraph and moves ECCN Notes to 
Technical notes.
2B116--Moves the definition of ``bare table'' from the Related 
Definitions paragraph to a technical note below paragraph .d in the 
list of items.
2D101--Adds software controls for the use of 2B119 to 2B122.
2E001, 2E002--Adds MT controls to technology for items controlled by 
2B119 to 2B122.
2E101--Revised to make conforming change, because of revisions to 7B104 
and 2B104, and adds 2D002 to heading and NP controls paragraph.
3A001--Clarifies MT control.
3A101--Harmonizes 3A101.b with MTCR Annex (15.b.5), to clarify that 
this commodity is controlled when usable in ``missiles'' or subsystems 
for ``missiles.''
3D101--Revises the heading by adding the phrase ``or modified'' to 
conform with the MTCR Annex.
3E101--Revises the heading to clarify controls for 3A001 and adds 
3D101.
4D001--Removed MT controls on software for the development, production 
and use of equipment in 4A001 to 4A003, as this software is not on the 
MTCR annex.
4D002--Removed MT controls on software for the development, production 
and use of technology controlled by 4E that was controlled for MT 
reasons, as this software is not on the MTCR annex.
4D994--Adds 4A101 to the heading.
4E001--Removes MT controls on technology for the development, 
production and use of equipment in 4A001.b, 4A002, 4A003, and software 
in 4D001, 4D002 & 4D102.
5A101--Adds clarifying language.
5D101--Removes MT controls on development and production software for 
telemetry equipment. Retained MT controls on the ``use'' software.

[[Page 16146]]

5E101--Adds technology for the development, production and use of 
software controlled by 5D101 (formerly 5E111).
6A002 & 6A102--Clarifies language for MT controls.
6A107--Adds harmonization language to heading and reformatted entry.
6A108--Adds clarifying language to .b.1.
6B108--Adds clarifying language.
6D102--Adds clarifying language to heading.
6D103--Adds clarifying language to heading.
6E101--Clarifies language in note 2 of the Related Definitions 
paragraph.
7B001--Clarifies language in the Related Controls paragraph.
7B003--Added related control to reference 7B994.
7B101--Makes conforming change, because 7B104 moved to 2B119 to 2B122.
7B102--Replaces the word ``measurement'' with ``threshold'' in the list 
of items.
7D101--Adds 7A116 to heading.
7D102--Limits integration software for inertial navigation systems to 
those that are specially designed.
7E001 & 7E101--Added a reference to 7D101, 7D102.a and 7D103 in 
``Related Controls.''
7E104--Adds clarifying language to the heading.
9A106--Adds harmonization language to heading.
9A110--Moves materials described in heading to 9C110.
9A115--Adds clarifying language.
9A117--Adds clarifying language.
9B005--Removes MT controls.
9B106--Restructures the control text to capture specific environmental 
and anechoic chambers to conform to the MTCR Annex. This correction 
clarified the controls on standalone altitude chambers which are now 
properly classified as EAR99.
9B116--Add 9A012 to Heading.
9D001 & 9D002--Removes MT controls for development and production 
software that was not reflected on the MTCR Annex.
9D101--Adds the word ``modified'', and changes the word ``goods'' to 
``commodities'' in the heading.
9D102--Moves to 9D104, and removed MT controls on ``use'' software for 
those composite structures and prepregs controlled in 9A110.
9E101--Revises Heading and Related Controls to reflect movement of 
9A120 to 9A012, adds technology controls for 9D101 and 9D103 to reflect 
MTCR Annex controls; and adds new entries 9D104 and 9D105.
9E102--Revises Heading to harmonize with European Union List with 
regard to 9A004, revises Related Controls to reflect movement of 9A120 
to 9A012, and adds new ECCN entries 9D104 and 9D105.

Saving Clause

    This rule revises the numbering and structure of certain entries on 
the Commerce Control List. For items under such entries and for July 1, 
2003, BIS will accept license applications for items described either 
by the entries in effect immediately before April 2, 2003 or the 
entries described in this rule. Shipments of items removed from License 
Exception eligibility or NLR authorization as a result of this 
regulatory action that were on dock for loading, on lighter, laden 
aboard an exporting carrier, or en route aboard a carrier to a port of 
export, on April 2, 2003, pursuant to actual orders for export to a 
foreign destination, may proceed to that destination under the previous 
License Exception eligibility or NLR authorization provisions so long 
as they have been exported from the United States before June 2, 2003. 
Any such items not actually exported before midnight, on June 2, 2003, 
require a license in accordance with this regulation.
    Although the Export Administration Act expired on August 20, 2001, 
Executive Order 13222 of August 17, 2001 (66 FR 44025, August 22, 
2001), as extended by the Notice of August 14, 2002 (67 FR 53721, 
August 16, 2002), continues the Regulations in effect under the 
International Emergency Economic Powers Act.

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 a 
collection of information subject to the Paperwork Reduction Act of 
1980 (44 U.S.C. 3501 et seq.). This collection has been approved by the 
Office of Management and Budget under control number 0694-0088. There 
are neither additions nor subtractions to these collections due to this 
rule.
    3. This rule does not contain policies with Federalism as that term 
is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public participation, and a delay in effective date, are inapplicable 
because this regulation involves a military and foreign affairs 
function of the United States (5 U.S.C. 553(a)(1)). Further, no other 
law requires that a notice of proposed rulemaking and an opportunity 
for public comment be given for this final rule. Because a notice of 
proposed rulemaking and an opportunity for public comment are not 
required to be given for this rule under the Administrative Procedure 
Act or by any other law, the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore, 
this regulation is issued in final form. Although there is no formal 
comment period, public comments on this regulation are welcome on a 
continuing basis. Comments should be submitted to Sharron Cook, Office 
of Exporter Services, Bureau of Industry and Security, Department of 
Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects

15 CFR Part 740

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

15 CFR Parts 742 and 774

    Exports, Foreign trade.

0
Accordingly, parts 740, 742, and 774 of the Export Administration 
Regulations (15 CFR parts 730-799) are amended as follows:

PART 740--[AMENDED]

0
1. 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.; 
Sec. 901-911, Pub. L. 106-387; E.O. 13026, 61 FR 58767, 3 CFR, 1996 
Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR., 2001 Comp., p. 783; 
Notice of August 14, 2002, 67 FR 53721, August 16, 2002.


0
2. Supplement No. 1 to part 740, Country Groups, Country Group A, is 
amended in Column A:2, Missile Technology Control Regime, by adding an 
``X'' for countries: ``Czech Republic'', ``Korea, South'', ``Poland'', 
``Turkey'', and ``Ukraine''.

PART 742--[AMENDED]

0
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; 
Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 12058, 
43 FR 20947, 3 CFR,

[[Page 16147]]

1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 
CFR., 2001 Comp., p. 783; Notice of November 9, 2001, 66 FR 56965, 3 
CFR, 2001 Comp., p. 917; Notice of August 14, 2002, 67 FR 53721, 
August 16, 2002.


0
4. Section 742.5 is amended by revising the phrase ``ECCN 1B115.a'' to 
read ``ECCN 1B117'' in paragraph (c)(1).

PART 774--[AMENDED]

0
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; 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; Sec. 901-911, Pub. L. 106-387; Sec. 
221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13222, 66 FR 44025, 3 CFR., 2001 Comp., p. 783; Notice of 
August 14, 2002, 67 FR 53721, August 16, 2002.


0
6. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins) is 
amended by adding Export Control Classification Number (ECCN) 1A101, to 
read as follows:

1A101 Devices for reduced observables such as radar reflectivity, 
ultraviolet/infrared signatures and acoustic signatures, for 
applications usable in ``missiles'' and their subsystems.

License Requirements

Reason for Control: MT, AT

 
               Control(s)                         Country Chart
 
MT applies to entire entry.............  MT Column 1
AT applies to entire entry.............  AT Column 1
 

License Exceptions

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

List of Items Controlled

Unit: $ value
Related Controls: See also 1C101. For commodities that meet the 
definition of defense articles under 22 CFR 120.3 of the International 
Traffic in Arms Regulations (ITAR), see also 22 CFR 121.16, Item 17-
Category II of the (ITAR), which describes similar commodities under 
the jurisdiction of the Department of State, Directorate of Defense 
Trade Control.
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN heading.


0
7. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins) is 
amended by revising the heading of Export Control Classification Number 
(ECCN) 1A102, to read as follows:

1A102 Resaturated pyrolized carbon-carbon components designed for 
``missiles.'' (These items are subject to the export licensing 
authority of the U.S. Department of State, Directorate of Defense Trade 
Controls. See 22 CFR part 121.)


0
8. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins) is 
amended by revising the heading and the Related Definitions paragraph 
of the List of Items Controlled section of Export Control 
Classification Number (ECCN) 1B101, to read as follows:

1B101 Equipment, other than that controlled by 1B001, for the 
``production'' of structural composites, fibers, prepregs or preforms 
as follows (see List of Items Controlled); and specially designed 
components, and accessories therefor.
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: * * *
Related Definitions: Examples of components and accessories for the 
machines controlled by this entry are molds, mandrels, dies, fixtures 
and tooling for the preform pressing, curing, casting, sintering or 
bonding of composite structures, laminates and manufactures thereof.
Items:
* * * * *

0
9. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins) is 
amended by adding Export Control Classification Number (ECCN) 1B102 to 
follow ECCN 1B101, to read as follows:

1B102 Metal powder ``production equipment,'' other than that specified 
in 1B002, and components as follows (see List of Items Controlled).

License Requirements

Reason for Control: MT, AT

 
               Control(s)                         Country Chart
 
MT applies to entire entry.............  MT Column 1
AT applies to entire entry.............  AT Column 1
 

License Exceptions

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

List of Items Controlled

Unit: Equipment in number; components in $ value
Related Controls: 1.) See also 1B115.b.
Related Definitions: N/A
Items:

    a. Metal power ``production equipment usable for the 
``production,'' in a controlled environment, of spherical or atomized 
materials specified in 1C011.a, 1C011.b, 1C111.a.1, 1C111.a.2, or on 
the U.S. Munitions List.
    b. Specially designed components for ``production equipment'' 
specified in 1B002 or 1B102.a.

    Note: 1B102 includes:
    a. Plasma generators (high frequency arc-jet) usable for 
obtaining sputtered or spherical metallic powders with organization 
of the process in an argon-water environment;
    b. Electroburst equipment usable for obtaining sputtered or 
spherical metallic powders with organization of the process in an 
argon-water environment;
    c. Equipment usable for the ``production'' of spherical aluminum 
powders by powdering a melt in an inert medium (e.g., nitrogen).


0
10. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins), 
Export Control Classification Number (ECCN) 1B115 is amended by 
revising the Heading, and the Related Controls and Items paragraphs in 
the List of Items Controlled section, to read as follows:

1B115 Equipment, other than that controlled in 1B002 or 1B102, for the 
``production'' of propellant or propellant constituents, and specially 
designed components therefor.
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: For the control of batch mixers, continuous mixers 
and fluid energy mills, see 1B117, 1B118 and 1B119.
Related Definitions: * * *
Items:
    a. ``Production equipment'' for the ``production'', handling or 
acceptance testing of liquid propellants or propellant constituents 
controlled by 1C011.a, 1C011.b, 1C111 or on the U.S. Munitions List;

[[Page 16148]]

    b. ``Production equipment,'' for the production, handling, mixing, 
curing, casting, pressing, machining, extruding or acceptance testing 
of solid propellants or propellant constituents described in 1C011.a, 
1C011.b or 1C111, or on the U.S. Munitions List.

    Note: 1B115.b does not control batch mixers, continuous mixers 
or fluid energy mills. For the control of batch mixers, continuous 
mixers and fluid energy mills see 1B117, 1B118, and 1B119.


    Note 1: [RESERVED].


    Note 2: 1B115 does not control equipment for the ``production,'' 
handling and acceptance testing of boron carbide.


0
11. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins), 
Export Control Classification Number (ECCN) 1B117 is amended by 
revising the Heading and the Related Controls, the Related Definitions, 
and the Items paragraphs in the List of Items Controlled section, to 
read as follows:

1B117 Batch mixers with provision for mixing under vacuum in the range 
from zero to 13.326 kPa and with temperature control capability of the 
mixing chamber and having all of the following characteristics (see 
List of Items Controlled), and specially designed components therefor.
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: N/A
Related Definitions: N/A
Items:
    a. A total volumetric capacity of 110 liters (30 gallons) or more; 
and
    b. At least one mixing/kneading shaft mounted off center.

0
12. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins) is 
amended by adding Export Control Classification Number (ECCN) 1B118 to 
follow ECCN 1B117, to read as follows:

1B118 Continuous mixers with provision for mixing under vacuum in the 
range from zero to 13.326 kPa and with temperature control capability 
of the mixing chamber and having all of the following characteristics 
(see List of Items Controlled), and specially designed components 
therefor.

License Requirements

Reason for Control: MT, AT

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

License Exceptions

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

List of Items Controlled

Unit: Equipment in number; components in $ value
Related Controls: N/A
Related Definitions: N/A
Items:
    a. Two or more mixing/kneading shafts; and
    b. Capability to open the mixing chamber.

0
13. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins) is 
amended by adding Export Control Classification Number (ECCN) 1B119 to 
follow ECCN 1B118, to read as follows:

1B119 Fluid energy mills usable for grinding or milling propellant or 
propellant constituents specified in 1C011.a, 1C011.b or 1C111, or on 
the U.S. Munitions List, and specially designed components therefor.

License Requirements

Reason for Control: MT, AT

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

License Exceptions

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

List of Items Controlled

Unit: Equipment in number; components in $ value
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN heading.

0
14. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins) is 
amended by revising the Related Controls paragraph in the List of Items 
Controlled section of Export Control Classification Number (ECCN) 
1C010, to read as follows:

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

List of Items Controlled

Unit: * * *
Related Controls: (1) See ECCNs 1E001 (``development'' and 
``production'') and 1E201 (``use'') for technology for items controlled 
by this entry. (2) Also see ECCNs 1C210 and 1C990. (3) See also 9C110 
for material not controlled by 1C010.e, as defined by notes 1 or 2.
Related Definitions: * * *
Items:
* * * * *
0
15. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins) is 
amended by revising the Heading and the Unit, the Related Controls, and 
the Items paragraphs in the List of Items Controlled section of Export 
Control Classification Number (ECCN) 1C101, to read as follows:
1C101 Materials for reduced observables such as radar reflectivity, 
ultraviolet/infrared signatures and acoustic signatures (i.e., stealth 
technology), other than those controlled by 1C001, for applications 
usable in ``missiles'' and their subsystems.
* * * * *

List of Items Controlled

Unit: $ value
Related Controls: (1) Materials controlled by this entry include 
structural materials and coatings (including paints), specially 
designed for reduced or tailored reflectivity or emissivity in the 
microwave, infrared or ultraviolet spectra. (2) This entry does not 
control coatings (including paints) when specially used for the thermal 
control of satellites. (3) For commodities that meet the definition of 
defense articles under 22 CFR 120.3 of the International Traffic in 
Arms Regulations (ITAR), see 22 CFR 121.16, Item 17-Category II of the 
(ITAR), which describes similar commodities under the jurisdiction of 
the Department of State, Directorate of Defense Trade Control.
Related Definitions: * * *
Items: The list of items controlled is contained in the ECCN heading.

0
16. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins) is 
amended by adding Export Control Classification

[[Page 16149]]

Number (ECCN) 1C102 to follow ECCN 1C101, to read as follows:

1C102 Resaturated pyrolized carbon-carbon materials designed for space 
launch vehicles specified in 9A004 or sounding rockets specified in 
9A104. (These items are subject to the export licensing authority of 
the U.S. Department of State, Directorate of Defense Trade Controls. 
See 22 CFR part 121.)

0
17. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins) is 
amended by revising the Related Controls paragraph and the Items 
paragraph in the List of Items Controlled of Export Control 
Classification Number (ECCN) 1C107, to read as follows:
1C107 Graphite and ceramic materials, other than those controlled by 
1C007, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: (1) See also OC005 and 1C004. (2) For commodities 
that meet the definition of defense articles under 22 CFR 120.3 of the 
ITAR, see 22 CFR 121.16, Item 8-Category II of the International 
Traffic in Arms Regulations (ITAR), which describes similar commodities 
under the jurisdiction of the Department of State, Directorate of 
Defense Trade Control.
Related Definitions: * * *
Items:
    a. Fine grain recrystallized bulk graphites with a bulk density of 
1.72 g/cm \3\ or greater, measured at 288 K (15 [deg]C), and having a 
particle size of 100 micrometers or less, usable for rocket nozzles and 
reentry vehicle nose tips as follows:
    a.1. Cylinders having a diameter of 120 mm or greater and a length 
of 50 mm or greater;
    a.2. Tubes having an inner diameter of 65 mm or greater and a wall 
thickness of 25 mm or greater and a length of 50 mm or greater;
    a.3. Blocks having a size of 120 mm x 120 mm x 50 mm or greater.
    b. Pyrolytic or fibrous reinforced graphites, usable for rocket 
nozzles and reentry vehicle nose tips;
    c. Ceramic composite materials (dielectric constant less than 6 at 
frequencies from 100 Hz to 10 GHz), for use in ``missile'' radomes; and
    d. Bulk machinable silicon-carbide reinforced unfired ceramic, 
usable for nose tips.

0
18. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins) is 
amended by revising the Heading and the Related Controls and the Items 
paragraphs in the List of Items Controlled section of Export Control 
Classification Number (ECCN) 1C111, to read as follows:
1C111 Propellants and constituent chemicals for propellants, other than 
those specified in 1C011, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: Butacene as defined by 1C111.c.1 is subject to the 
export licensing authority of the U.S. Department of State, Directorate 
of Defense Trade Controls (See 22 CFR 121.12.(b)(6), other ferrocene 
derivatives)
Related Definitions: * * *
Items:
    a. Propulsive substances:
    a.1. Spherical aluminum powder, other than that specified on the 
U.S. Munitions List, with particles of uniform diameter of less than 
200 micrometer and an aluminum content of 97% by weight or more, if at 
least 10 percent of the total weight is made up of particles of less 
than 63 micrometer, according to ISO 2591:1988 or national equivalents 
such as JIS Z8820.
    Technical Note: A particle size of 63 micrometer (ISO R-565) 
corresponds to 250 mesh (Tyler) or 230 mesh (ASTM standard E-11).
    a.2. Metal fuels, other than that controlled by the U.S. Munitions 
List, in particle sizes of less than 60 x 10-6 m (60 
micrometers), whether spherical, atomized, spheroidal, flaked or 
ground, consisting 97% by weight or more of any of the following:
    a.2.a. Zirconium;
    a.2.b Beryllium;
    a.2.c Magnesium; or
    a.2.d Alloys of the metals specified by a.2.a to a.2.c above.

    Technical Note: The natural content of hafnium in the zirconium 
(typically 2 % to 7%) is counted with the zirconium.

    a.3. Liquid oxidizers, as follows:
    a.3.a. Dinitrogen trioxide;
    a.3.b. Nitrogen dioxide/dinitrogen tetroxide;
    a.3.c. Dinitrogen pentoxide;
    b. Polymeric substances:
    b.1. Carboxy-terminated polybutadiene (CTPB);
    b.2. Hydroxy-terminated polybutadiene (HTPB), other than that 
controlled by the U.S. Munitions List;
    b.3. Polybutadiene-acrylic acid (PBAA);
    b.4. Polybutadiene-acrylic acid-acrylonitrile (PBAN);
    c. Other propellant additives and agents:
    c.1. Butacene ;
    c.2. Triethylene glycol dinitrate (TEGDN);
    c.3. 2-Nitrodiphenylamine;
    c.4. Trimethylolethane trinitrate (TMETN);
    c.5. Diethylene glycol dinitrate (DEGDN).

0
19. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins), 
Export Control Classification Number (ECCN) 1C118 is amended by 
revising the Heading and the Items paragraph in the List of Items 
Controlled section, to read as follows:

1C118 Titanium-stabilized duplex stainless steel (Ti-DSS), having all 
of the following characteristics (see List of Items Controlled).
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
    a. Having all of the following characteristics:
    a.1. Containing 17.0-23.0 weight percent chromium and 4.5-7.0 
weight percent nickel;
    a.2. Having a titanium content of greater than 0.10 weight percent; 
and
    a.3. A ferritic-austenitic microstructure (also referred to as a 
two-phase microstructure) of which at least 10 percent is austenite by 
volume (according to ASTM E-1181-87 or national equivalents), and
    b. Having any of the following forms:
    b.1. Ingots or bars having a size of 100 mm or more in each 
dimension;
    b.2. Sheets having a width of 600 mm or more and a thickness of 3 
mm or less; or
    b.3. Tubes having an outer diameter of 600 mm or more and a wall 
thickness of 3 mm or less.

0
20. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins) is 
amended by removing ECCN 1D102.

0
21. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins) is 
amended by revising the License Requirements section and the License 
Exceptions section of Export Control Classification Number (ECCN) 
1D002, to read as follows:

1D002 ``Software'' for the ``development'' of organic

[[Page 16150]]

``matrix'', metal ``matrix'' or carbon ``matrix'' laminates or 
``composites''.

License Requirements

Reason for Control: NS, AT

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


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

License Exceptions

CIV: Yes
TSR: Yes
* * * * *

0
22. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins), 
Export Control Classification Number (ECCN) 1D101 is amended by 
revising the Heading, to read as follows:

1D101 ``Software'' specially designed or modified for the ``use'' of 
commodities controlled by 1B101, 1B102, 1B115, 1B117, 1B118, or 1B119.
* * * * *

0
23. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins), 
Export Control Classification Number (ECCN) 1D103 is amended by 
revising the Heading, and Related Controls paragraph of the List of 
Items Controlled section, to read as follows:

1D103 ``Software'' specially designed for reduced observables such as 
radar reflectivity, ultraviolet/infrared signatures and acoustic 
signatures, for applications usable in ``missiles'' or their 
subsystems.
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: (1) This entry includes ``software'' specially 
designed for analysis of signature reduction. (2) For software that 
meets the definition of defense articles under 22 CFR 120.3 of the 
International Traffic in Arms Regulations (ITAR), see 22 CFR 121.16, 
Item 17-Category II of the (ITAR), which describes similar software 
that are under the jurisdiction of the Department of State, Directorate 
of Defense Trade Control.
Related Definitions: * * *
Items: * * *

0
24. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins), 
Export Control Classification Number (ECCN) 1E001 is amended by 
revising the Heading, and the License Requirements section, to read as 
follows:

1E001 ``Technology'' according to the General Technology Note for the 
``development'' or ``production'' of items controlled by 1A001.b, 
1A001.c, 1A002, 1A003, 1A005, 1A101, 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'' 1 for      MT Column
 items controlled by 1A101, 1B001,
 1B101, 1B102, 1B115 to 1B119, 1C001,
 1C007, 1C011, 1C101, 1C102, 1C107,
 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 1B233, 1C002, 1C010,
 1C116, 1C202, 1C210, 1C216, 1C225 to
 1C240 for NP reasons.
CB applies to ``technology'' for items  CB Column 1
 controlled by 1C351, 1C352, 1C353, or
 1C354.
CB applies to ``technology'' for        CB Column 2
 materials controlled by 1C350.
AT applies to entire entry............  AT Column 1
 


    License Requirements Note: See Sec.  743.1 of the EAR for 
reporting requirements for exports under License Exceptions.

* * * * *

0
25. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins) is 
amended by revising the Heading of Export Control Classification Number 
(ECCN) 1E101, to read as follows:
1E101 ``Technology'', in accordance with the General Technology Note, 
for the ``use'' of commodities and software controlled by 1A101, 1A102, 
1B001, 1B101, 1B102, 1B115 to 1B119, 1C001, 1C007, 1C011, 1C101, 1C107, 
1C111, 1C116, 1C117, 1C118, 1D001, 1D101, or 1D103.
* * * * *

0
26. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins), 
Export Control Classification Number (ECCN) 1E102 is amended by 
revising the Heading, and the Related Controls paragraph of the List of 
Items Controlled section, to read as follows:

1E102 ``Technology'' according to the General Technology Note for the 
``development'' of software controlled by 1D001, 1D101 or 1D103. 
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: This entry includes databases specially designed for 
analysis of signature reduction.
Related Definitions: * * *
Items: * * *

0
27. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins), 
Export Control Classification Number (ECCN) 1E103 is amended by 
revising the Heading, to read as follows:

1E103 ``Technical data'' (including processing conditions) and 
procedures for the regulation of temperature, pressure or atmosphere in 
autoclaves or hydroclaves, when used for the ``production'' of 
``composites'' or partially processed ``composites'', usable for 
equipment or materials specified in 1C007, 1C102, 1C107, 1C116, 1C117, 
1C118, 9A110, and 9C110. 
* * * * *

0
28. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins), 
Export Control Classification Number (ECCN) 1E104 is amended by 
revising the Heading and the Related Controls paragraph in the List of 
Items Controlled section, to read as follows:

1E104 Technology'' for the ``production'' of pyrolytically derived 
materials formed on a mold, mandrel or other substrate from precursor 
gases which

[[Page 16151]]

decompose in the 1,573 K (1,300[deg]C) to 3,173 K (2,900[deg]C) 
temperature range at pressures of 130 Pa (1 mm Hg) to 20 kPa (150 mm 
Hg), including ``technology'' for the composition of precursor gases, 
flow-rates and process control schedules and parameters.
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: N/A
Related Definitions: * * *
Items: * * *

0
29. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2 (Materials Processing), ECCN 2B009 is amended by revising 
the License Requirements and the Related Controls paragraph and the 
Items paragraphs in the List of Items Controlled section, to read as 
follows:

2B009 Spin-forming machines and flow-forming machines, which, according 
to the manufacturer's technical specifications, can be equipped with 
``numerical control'' units or a computer control and having all the 
characteristics (see List of Items Controlled).

License Requirements

Reason for Control: NS, MT, NP, AT

 
               Control(s)                         Country chart
 
NS applies to entire entry.............  NS Column 2
MT applies to: spin-forming machines     MT Column 1
 combining the functions of spin-
 forming and flow-forming; and flow-
 forming machines that meet or exceed
 the parameters of 2B009.a and 2B109.
NP applies to flow-forming machines,     NP Column 1
 and spin-forming machines capable of
 flow-forming functions, that meet or
 exceed the parameters of 2B209.
AT applies to entire entry.............  AT Column 1
 

* * * * *

List of Items Controlled

Unit: * * *
Related Controls: (1) See ECCN 2D001 for ``software'' for items 
controlled under this entry. (2) See ECCNs 2E001 (``development''), 
2E002 (``production''), and 2E101 (``use'') for technology for items 
controlled under this entry. (3) Also see ECCNs 2B109 and 2B209 for 
additional flow-forming machines for MT and NP reasons.
Related Definitions: N/A
Items:
    a. Two or more controlled axes of which at least two can be 
coordinated simultaneously for ``contouring control''; and
    b. A roller force more than 60 kN.
    Technical Note: Machines combining the function of spin-forming and 
flow-forming are for the purpose of 2B009 regarded as flow-forming 
machines.
0
30. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2 (Materials Processing), ECCN 2B104 is amended by revising 
the Related Definitions paragraph in the List of Items Controlled 
section, to read as follows:
2B104 ``Isostatic presses'', other than those controlled by 2B004, 
having all of the following characteristics (see List of Items 
Controlled).
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: * * *
Related Definitions: The inside chamber dimension is that of the 
chamber in which both the working temperature and the working pressure 
are achieved and does not include fixtures. That dimension will be the 
smaller of either the inside diameter of the pressure chamber or the 
inside diameter of the insulated chamber, depending on which of the two 
chambers is located inside the other.
Items: * * *

0
31. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2 (Materials Processing), ECCN 2B109 is amended by removing 
the ECCN Controls paragraph in the List of Items Controlled section and 
by revising the Unit paragraph, the Related Controls paragraph, and the 
Items paragraph in the List of Items Controlled section, to read as 
follows:

2B109 Flow-forming machines, other than those controlled by 2B009, and 
specially designed components therefor.
* * * * *

List of Items Controlled

Unit: Equipment in number; components in $ value.
Related Controls: (1) See ECCN 2D101 for ``software'' for items 
controlled under this entry. (2) See ECCNs 2E001 (``development''), 
2E002 (``production''), and 2E101 (``use'') for technology for items 
controlled under this entry. (3) Also see ECCNs 2B009 and 2B209.
Related Definitions: * * *
Items:
    a. Flow-forming machines having all of the following:
    a.1. According to the manufacturer's technical specification, can 
be equipped with ``numerical control'' units or a computer control, 
even when not equipped with such units at delivery; and
    a.2. Have more than two axes which can be coordinated 
simultaneously for ``contouring control.''
    b. Specially designed components for flow-forming machines 
controlled in 2B009 or 2B109.a.

    Technical Notes: 1. Machines combining the function of spin-
forming and flow-forming are for the purpose of 2B109 regarded as 
flow-forming machines.
    2. 2B109 does not control machines that are not usable in the 
``production'' of propulsion components and equipment (e.g. motor 
cases) for systems in 9A005, 9A007.a, or 9A105.a.


0
32. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2 (Materials Processing), ECCN 2B116 is amended by revising 
the Related Definitions paragraph and the Items paragraph in the List 
of Items Controlled section, to read as follows:

2B116 Vibration test systems, equipment and components therefor, as 
follows (see List of Items Controlled).
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: * * *
Related Definitions: Vibration test systems incorporating a digital 
controller are those systems, the functions of which are, partly or 
entirely, automatically controlled by stored and digitally coded 
electrical signals.
Items:
    a. Vibration test systems employing feedback or closed loop 
techniques and incorporating a digital controller, capable of vibrating 
a system at 10 g RMS or more over the entire range 20 Hz to 2,000 Hz 
and imparting forces of 50 kN (11,250 lbs.), measured ``bare table'', 
or greater;
    b. Digital controllers, combined with specially designed vibration 
test ``software'', with a real-time bandwidth greater than 5 kHz and 
designed for use with vibration test systems described in 2B116.a;
    c. Vibration thrusters (shaker units), with or without associated 
amplifiers, capable of imparting a force of 50 kN (11,250 lbs.), 
measured `bare table', or greater, and usable in vibration test systems 
described in 2B116.a;
    d. Test piece support structures and electronic units designed to 
combine multiple shaker units into a complete shaker system capable of 
providing an effective combined force of 50 kN,

[[Page 16152]]

measured `bare table', or greater, and usable in vibration test systems 
described in 2B116.a.

    Technical Note: `bare table' means a flat table, or surface, 
with no fixture or fitting.


0
33. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2 (Materials Processing) is amended by adding ECCNs 2B119, 
2B120, 2B121, and 2B122, following ECCN 2B117, to read as follows:

2B119 Balancing machines and related equipment, as follows (see List of 
Items Controlled).

License Requirements

Reason for Control: MT, AT

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

License Exceptions

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

List of Items Controlled

Unit: $ value
Related Controls: See also 2B219, 7B101.
Related Definitions: N/A
Items:
    a. Balancing machines having all the following characteristics:
    a.1. Not capable of balancing rotors/assemblies having a mass 
greater than 3 kg;
    a.2. Capable of balancing rotors/assemblies at speeds greater than 
12,500 rpm;
    a.3. Capable of correcting unbalance in two planes or more; and
    a.4. Capable of balancing to a residual specific unbalance of 0.2 g 
mm per kg of rotor mass.

    Note: 2B119.a. does not control balancing machines designed or 
modified for dental or other medical equipment.

    b. Indicator heads designed or modified for use with machines 
specified in 2B119.a.

    Note: Indicator heads are sometimes known as balancing 
instrumentation.


2B120 Motion simulators or rate tables (equipment capable of simulating 
motion), having all of the following characteristics (see List of Items 
Controlled).

License Requirements

Reason for Control: MT, AT

 
               Control(s)                         Country chart
 
MT applies to entire entry.............  MT column 1
AT applies to entire entry.............  AT column 1
 

License Exceptions

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

List of Items Controlled

Unit: $ value
Related Controls: (1) Rate tables not controlled by 2B120 and providing 
the characteristics of a positioning table are to be evaluated 
according to 2B121. (2) Equipment that has the characteristics 
specified in 2B121, which also meets the characteristics of 2B120 will 
be treated as equipment specified in 2B120. (3) See also 2B008, 2B121, 
7B101 and 7B994.
Related Definitions: N/A
Items:
    a. Two axes or more;
    b. Slip rigs capable of transmitting electrical power and/or signal 
information; and
    c. Having any of the following characteristics:
    c.1. For any single axis having all of the following:
    c.1.a. Capable of rates of rotation of 400 degrees/s or more, or 30 
degrees/s or less, and
    c.1.b. A rate resolution equal to or less than 6 degrees/s and an 
accuracy equal to or less than 0.6 degrees/s; or
    c.2. Having a worst-case rate stability equal to or better (less) 
than plus or minus 0.05% averaged over 10 degrees or more; or
    c.3. A positioning accuracy equal to or better than 5 arc-second.

    Note: 2B120 does not control rotary tables designed or modified 
for machine tools or for medical equipment. For controls on machine 
tool rotary tables see 2B008.

2B121 Positioning tables (equipment capable of precise rotary position 
in any axis), other than those controlled in 2B120, having all the 
following characteristics (See List of Items Controlled).

License Requirements

Reason for Control: MT, AT

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

License Exceptions

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

List of Items Controlled

Unit: $ value
Related Controls: (1) Equipment that has the characteristics specified 
in 2B121, which also meets the characteristics of 2B120 will be treated 
as equipment specified in 2B120.
(2) See also 2B008, 2B120, 7B101 and 7B994.
Related Definitions: N/A
Items:
    a. Two axes or more; and
    b. A positioning accuracy equal to or better than 5 arc-second.

    Note: 2B121 does not control rotary tables designed or modified 
for machine tools or for medical equipment. For controls on machine 
tool rotary tables see 2B008.

2B122 Centrifuges capable of imparting accelerations above 100 g and 
having slip rings capable of transmitting electrical power and signal 
information.

License Requirements

Reason for Control: MT, AT

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

License Exceptions

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

List of Items Controlled

Unit: $ value
Related Controls: See also 7B101.
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN heading.

0
34. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2 (Materials Processing) is amended by revising the Heading of 
ECCN 2D101, to read as follows:
2D101 ``Software'' specially designed or modified for the ``use'' of 
equipment controlled by 2B104, 2B105, 2B109, 2B116, 2B117, or 2B119 to 
2B122.
* * * * *
0
35. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2 (Materials Processing), ECCN 2E001 is amended by revising 
the License Requirements section, to read as follows:
2E001 ``Technology'' according to the General Technology Note for the 
``development'' of equipment or ``software'' controlled by 2A (except 
2A991, 2A993, or 2A994), 2B (except 2B991, 2B993, 2B996, 2B997, or 
2B998), or 2D (except 2D991, 2D992, or 2D994).

[[Page 16153]]

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 2A001, 2B001 to 2B009,
 2D001, or 2D002.
MT applies to ``technology'' for items   MT Column 1
 controlled by 2B004, 2B009, 2B018,
 2B104, 2B105, 2B109, 2B116, 2B117,
 2B119 to 2B122, 2D001, or 2D101 for MT
 reasons.
NP applies to ``technology'' for items   NP Column 1
 controlled by 2A225, 2A226, 2B001,
 2B004, 2B006, 2B007, 2B009, 2B104,
 2B109, 2B116, 2B201, 2B204, 2B206,
 2B207, 2B209, 2B225 to 2B232, 2D001,
 2D002, 2D101, 2D201 or 2D202 for NP
 reasons.
NP applies to ``technology'' for items   NP Column 2
 controlled by 2A290 to 2A293, 2B290,
 or 2D290 for NP reasons.
CB applies to ``technology'' for         CB Column 3
 equipment controlled by 2B350 to 2B352.
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.

* * * * *

0
36. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2 (Materials Processing), ECCN 2E002 is amended by revising 
the License Requirements section, to read as follows:
2E002 ``Technology'' according to the General Technology Note for the 
``production'' of equipment controlled by 2A (except 2A991, 2A993, or 
2A994) or 2B (except 2B991, 2B993, 2B996, 2B997, or 2B998).

License Requirements

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

 
               Control(s)                         Country chart
 
NS applies to ``technology'' for         NS Column 1
 equipment controlled by 2A001, 2B001
 to 2B009.
MT applies to ``technology'' for         MT Column 1
 equipment controlled by 2B004, 2B009,
 2B018, 2B104, 2B105, 2B109, 2B116,
 2B117, or 2B119 to 2B122 for MT
 reasons.
NP applies to ``technology'' for         NP Column 1
 equipment controlled by 2A225, 2A226,
 2B001, 2B004, 2B006, 2B007, 2B009,
 2B104, 2B109, 2B116, 2B201, 2B204,
 2B206, 2B207, 2B209, 2B225 to 2B232
 for NP reasons.
NP applies to ``technology'' for         NP Column 2
 equipment controlled by 2A290 to
 2A293, 2B290 for NP reasons.
CB applies to ``technology'' for         CB Column 3
 equipment controlled by 2B350 to 2B352.
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.

* * * * *

0
37. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2 (Materials Processing), ECCN 2E101 is amended by revising 
the Heading, the License Requirements section, and the Related Controls 
paragraph of the List of Items Controlled section, to read as follows:
2E101 ``Technology'' according to the General Technology Note for the 
``use'' of equipment or ``software'' controlled by 2B004, 2B009, 2B104, 
2B105, 2B109, 2B116, 2B117, 2B119 to 2B122, 2D001, 2D002 or 2D101.

License Requirements

Reason for Control: MT, NP, AT

 
               Control(s)                         Country chart
 
MT applies to ``technology'' for items   MT Column 1
 controlled by 2B004, 2B009, 2B104,
 2B105, 2B109, 2B116, 2B117, 2B119 to
 2B122, 2D001, or 2D101 for MT reasons.
NP applies to ``technology'' for items   NP Column 1
 controlled by 2B004, 2B009, 2B104,
 2B109, 2B116, 2D001, 2D002 or 2D101
 for NP reasons.
AT applies to entire entry.............  AT Column 1
 

* * * * *

List of Items Controlled

Unit: * * *
Related Controls: (1) This entry controls only ``technology'' for 2B009 
and 2B109 for spin forming machines combining the functions of spin 
forming and flow forming, and flow forming machines.
Related Definitions: * * *
Items: * * *

0
38. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3 (Electronics), ECCN 3A001 is amended by revising the License 
Requirement section, to read as follows:
3A001 Electronic components, as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, MT, NP, AT

 
               Control(s)                         Country chart
 
NS applies to entire entry.............  NS Column 2
MT applies to 3A001.a.1.a when usable    MT Column 1
 in ``missiles''; and to 3A001.a.5.a
 when ``designed or modified'' for
 military use, hermetically sealed and
 rated for operation in the temperature
 range from below -54[deg]C to above
 +125[deg]C.
NP applies to pulse discharge            NP Column 1
 capacitors in 3A001.e.2 and
 superconducting solenoidal
 electromagnets in 3A001.e.3 that meet
 or exceed the technical parameters in
 3A201.a and 3A201.b, respectively.
AT applies to entire entry.............  AT Column 1
 

* * * * *

0
39. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3 (Electronics), ECCN 3A101 is amended by revising the Items 
paragraph in the List of Items Controlled section to read as follows:
3A101 Electronic equipment, devices and components, other than those 
controlled by 3A001, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
    a. Analog-to-digital converters, usable in ``missiles'', designed 
to meet military specifications for ruggedized equipment;
    b. Accelerators capable of delivering electromagnetic radiation 
produced by

[[Page 16154]]

bremsstrahlung from accelerated electrons of 2 MeV or greater, and 
systems containing those accelerators, usable for the ``missiles'' or 
the subsystems of ``missiles''.

    Note: 3A101.b above does not include equipment specially 
designed for medical purposes.


0
40. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3 (Electronics) is amended by removing ECCN 3D102.

0
41. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3 (Electronics) is amended by revising the heading of ECCN 
3D101, to read as follows:

3D101 ``Software'' specially designed or modified for the ``use'' of 
equipment controlled by 3A101.b.
* * * * *

0
42. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3 (Electronics), ECCN 3E101 is amended by revising the 
Heading, to read as follows:

3E101 ``Technology'' according to the General Technology Note for the 
``use'' of equipment or ``software'' controlled by 3A001.a.1 or .2, 
3A101, or 3D101.
* * * * *

0
43. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4 (Computers), ECCN 4D001 is amended by revising the License 
Requirements and License Exceptions sections, to read as follows:

4D001 ``Software'' specially designed or modified for the 
``development'', ``production'' or ``use'' of equipment or ``software'' 
controlled by 4A001 to 4A004, or 4D (except 4D980, 4D993 or 4D994).

License Requirements

Reason for Control: NS, CC, AT, NP, XP

 
               Control(s)                         Country chart
 
NS applies to ``software'' for           NS Column 1
 commodities or software controlled by
 4A001 to 4A004, 4D001 to 4D003.
CC applies to ``software'' for           CC Column 1
 computerized finger-print equipment
 controlled by 4A003 for CC reasons.
AT applies to entire entry.............  AT Column 1
 

    NP applies, unless a License Exception is available. See Sec.  
742.3(b) of the EAR for information on applicable licensing review 
policies.
    XP applies to ``software'' for computers with a CTP greater than 
28,000 MTOPS, unless a License Exception is available. XP controls vary 
according to destination and end-user and end-use; however, XP does not 
apply to Canada. See Sec.  742.12 of the EAR for additional 
information.

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

License Exceptions

CIV: N/A
TSR: (a) N/A for:
    (1) ``Software'' for equipment or ``software'' requiring a license; 
or
    (2) ``Software'' described by TSR paragraph (b)(1)(ii) of this 
License Exception section, when exported or reexported to a destination 
not included in TSR paragraph (b)(1)(i) of this License Exception 
section.
    (b) Yes for:
    (1) ``Software'':
    (i) Exported or reexported to Australia, Austria, Belgium, Canada, 
Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, 
Luxembourg, the Netherlands, New Zealand, Norway, Portugal, Spain, 
Sweden, Switzerland, Turkey, or the United Kingdom; and
    (ii) Specially designed for the ``development'' or ``production'' 
of any of the following:
    (A) ``Digital'' computers controlled by 4A003.b and having a CTP 
exceeding than 33,000 MTOPS; or
    (B) ``Electronic assemblies'' controlled by 4A003.c and capable of 
enhancing performance by aggregation of ``computing elements'' so that 
the CTP of the aggregation exceeds 33,000 MTOPS; and
    (2) All other ``software'' not described in TSR paragraphs (a) or 
(b)(1) of this License Exception section.
* * * * *

0
44. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4 (Computers), ECCN 4D002 is amended by revising the License 
Requirements and the License Exceptions sections, to read as follows:

4D002 ``Software'' specially designed or modified to support 
``technology'' controlled by 4E (except 4E980, 4E992, and 4E993).

License Requirements

Reason for Control: NS, AT, NP, XP

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

    NP applies, unless a License Exception is available. See Sec.  
742.3(b) of the EAR for information on applicable licensing review 
policies.
    XP applies to ``software'' for computers with a CTP greater than 
28,000 MTOPS, unless a License Exception is available. XP controls vary 
according to destination and end-user and end-use; however, XP does not 
apply to Canada. See Sec.  742.12 of the EAR for additional 
information.

License Exceptions

CIV: N/A
TSR: Yes, except N/A for ``software'' specifically designed or modified 
to support ``technology'' for computers requiring a license.
* * * * *

0
45. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4 (Computers) is amended by removing ECCN 4D102.

0
46. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4 (Computers), ECCN 4D994 is amended by revising the Heading, 
to read as follows:
4D994 ``Software'' specially designed or modified for the 
``development'', ``production'', or ``use'' of equipment controlled by 
4A101, 4A994, 4B994, and materials controlled by 4C994.
* * * * *

0
47. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4 (Computers), ECCN 4E001 is amended by revising the License 
Requirements section, to read as follows:
4E001 ``Technology'' according to the General Technology Note, for the 
``development'', ``production'' or ``use'' of equipment or ``software'' 
controlled by 4A (except 4A980, 4A993 or 4A994) or 4D (except 4D980, 
4D993, 4D994).

License Requirements

Reason for Control: NS, MT, CC, AT, NP, XP

 
               Control(s)                         Country chart
 
NS applies to ``technology'' for         NS Column 1
 commodities or software controlled by
 4A001 to 4A004, 4D001 to 4D003.
MT applies to ``technology'' for items   MT Column 1
 controlled by 4A001.a and 4A101 for MT
 reasons.
CC applies to ``technology'' for          CC Column 1
 computerized fingerprint equipment
 controlled by 4A003 for CC reasons.
AT applies to entire entry.............  AT Column 1
 

    NP applies, unless a License Exception is available. See Sec.  
742.3(b) of

[[Page 16155]]

the EAR for information on applicable licensing review policies.
    XP applies to ``technology'' for computers with a CTP greater than 
28,000 MTOPS, unless a License Exception is available. XP controls vary 
according to destination and end-user and end-use, however, XP does not 
apply to Canada. See Sec.  742.12 of the EAR for additional 
information.

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

* * * * *

0
48. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5 (Telecommunications and ``Information Security''), Part I. 
(Telecommunications), ECCN 5A101 is amended by revising the Heading and 
the Items paragraph in the List of Items Controlled section, to read as 
follows:

5A101 Telemetering and telecontrol equipment as follows (see List of 
Items Controlled).
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
    a. Usable for unmanned air vehicles or rocket systems; and
    b. Usable for ``missiles.''

    Note: 5A101 does not control telecontrol equipment specially 
designed to be used for remote control of recreational model planes, 
boats or vehicles and having an electric field strength of not more 
than 200 microvolts per meter at a distance of 500 meters.


0
49. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5 (Telecommunications and ``Information Security''), Part I. 
(Telecommunications), ECCN 5D101 is amended by revising the Heading, to 
read as follows:

5D101 ``Software'' specially designed or modified for the ``use'' of 
items controlled by 5A101.
* * * * *

0
50. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5 (Telecommunications and ``Information Security''), Part I. 
(Telecommunications) is amended by removing 5E111.

0
51. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5 (Telecommunications and ``Information Security''), Part I. 
(Telecommunications), ECCN 5E101 is amended by revising the Heading, to 
read as follows:

5E101 ``Technology'' according to the General Technology Note for the 
``development,'' ``production'' or ``use'' of equipment or software 
controlled by 5A101 or 5D101.
* * * * *

0
52. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6 (Sensors and Lasers), ECCN 6A002 is amended by revising the 
License Requirements section, to read as follows:
6A002 Optical sensors.

License Requirements

Reason for Control: NS, MT, CC, RS, AT, UN

 
               Control(s)                         Country chart
 
NS applies to entire entry.............  NS Column 2
MT applies to optical detectors in       MT Column 1
 6A002.a.1, a.3, or .e that are
 specially designed or modified to
 protect ``missiles'' against nuclear
 effects (e.g., Electromagnetic Pulse
 (EMP), X-rays, combined blast and
 thermal effects), and usable for
 ``missiles''.
RS applies to 6A002.a.1, a.2, a.3, .c,   RS Column 1
 and .e.
CC applies to police-model infrared      CC Column 1
 viewers in 6A002.c.
AT applies to entire entry.............  AT Column 1
UN applies to 6A002.a.1, a.2 a.3 and c.  Rwanda.
 


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

* * * * *

0
53. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6 (Sensors and Lasers), ECCN 6A102 is amended by revising the 
Heading, to read as follows:
6A102 Radiation hardened detectors, other than those controlled by 
6A002, specially designed or modified for protecting against nuclear 
effects (e.g., Electromagnetic Pulse (EMP), X-rays, combined blast and 
thermal effects) and usable for ``missiles,'' designed or rated to 
withstand radiation levels which meet or exceed a total irradiation 
dose of 5 x 10\5\ rads (silicon).
* * * * *

0
54. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6 (Sensors and Lasers) is amended by adding ECCN 6A103, to 
read as follows:

6A103 Radomes designed to withstand a combined thermal shock greater 
than 100 cal/sq cm accompanied by a peak over pressure of greater than 
50 kPa, usable in protecting ``missiles'' against nuclear effects 
(e.g., Electromagnetic Pulse (EMP), X-rays, combined blast and thermal 
effects), and usable for ``missiles.'' (These items are subject to the 
export licensing authority of the U.S. Department of State, Directorate 
of Defense Trade Controls. See 22 CFR part 121.)

0
55. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6 (Sensors and Lasers), ECCN 6A107 is amended by revising the 
Heading and the Items paragraph in the List of Items Controlled 
section, to read as follows:
6A107 Gravity meters (gravimeters) and specially designed components 
for gravity meters and gravity gradiometers, as follows (see List of 
Items Controlled).
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
    a. Gravity meters (gravimeters), other than those controlled by 
6A007.b, designed or modified for airborne or marine use, and having a 
static or operational accuracy of 7 x 10-6 m/s2 
(0.7 milligal) or better, and having a time to steady-state 
registration of two minutes or less, usable for ``missiles'';
    b. Specially designed components for gravity meters controlled in 
6A007. b or 6A107.a and gravity gradiometers controlled in 6A007.c.

0
56. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6 (Sensors and Lasers), ECCN 6A108 is amended by revising the 
Items paragraph in the List of Items Controlled section, to read as 
follows:
6A108 Radar systems and tracking systems, other than those controlled 
by 6A008, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
    a. Radar and laser radar systems designed or modified for use in 
``missiles'';

    Note: 6A108.a includes the following:
    a. Terrain contour mapping equipment;
    b. Imaging sensor equipment;
    c. Scene mapping and correlation (both digital and analog) 
equipment;
    d. Doppler navigation radar equipment.

    b. Precision tracking systems, usable for ``missiles'', as follows:
    b.1. Tracking systems which use a code translator installed on the 
rocket or

[[Page 16156]]

unmanned air vehicle in conjunction with either surface or airborne 
references or navigation satellite systems to provide real-time 
measurements of in-flight position and velocity;
    b.2. Range instrumentation radars including associated optical/
infrared trackers with all of the following capabilities:
    b.2.a. Angular resolution better than 3 milliradians (0.5 mils);
    b.2.b. Range of 30 km or greater with a range resolution better 
than 10 m rms;
    b.2.c. Velocity resolution better than 3 m/s.

0
57. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6 (Sensors and Lasers), ECCN 6B108 is amended by revising the 
Heading, to read as follows:

6B108 Systems, other than those controlled by 6B008, specially designed 
for radar cross section measurement usable for ``missiles'' and their 
subsystems.
* * * * *
0
58. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6 (Sensors and Lasers), ECCN 6D102 is amended by revising the 
Heading, to read as follows:

6D102 ``Software'' specially designed or modified for the ``use'' of 
goods controlled by 6A108.
* * * * *

0
59. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6 (Sensors and Lasers), ECCN 6D103 is amended by revising the 
Heading, to read as follows:

6D103 ``Software'' that processes post-flight, recorded data, enabling 
determination of vehicle position throughout its flight path, specially 
designed or modified for ``missiles''.
* * * * *

0
60. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6 (Sensors and Lasers) is amended by removing ECCN 6D104.

0
61. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6 (Sensors and Lasers) is amended by removing ECCN 6E102.

0
62. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6 (Sensors and Lasers), ECCN 6E101 is amended by revising the 
Related Definitions paragraph of the List of Items Controlled section, 
to read as follows:

6E101 ``Technology'' according to the General Technology Note for the 
``use'' of equipment or ``software'' controlled by 6A002, 6A007.b and 
.c, 6A008, 6A102, 6A107, 6A108, 6B108, 6D102 or 6D103.
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: * * *
Related Definitions: (1) This entry only controls ``technology'' for 
equipment controlled by 6A008 when it is designed for airborne 
applications and is usable in ``missiles''. (2) This entry only 
controls ``technology'' for items in 6A002.a.1, a.3, and .e that are 
specially designed or modified to protect ``missiles'' against nuclear 
effects (e.g., Electromagnetic Pulse (EMP), X-rays, combined blast and 
thermal effects), and usable for ``missiles.'' (3) This entry only 
controls ``technology'' for items in 6A007.b and .c when the accuracies 
in 6A007.b.1 and b.2 are met or exceeded.
Items: * * *

0
63. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7 (Navigation and Avionics), ECCN 7B001 is amended by revising 
the Related Controls paragraph in the List of Items Controlled section, 
to read as follows:
7B001 Test, calibration or alignment equipment specially designed for 
equipment controlled by 7A (except 7A994).
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: (1) See also 7B101, 7B102 and 7B994. (2) This entry 
does not control test, calibration or alignment equipment for 
Maintenance level I.
Related Definition: * * *
Items: * * *

0
64. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7 (Navigation and Avionics), ECCN 7B003 is amended by revising 
the Related Controls paragraph of the List of Items Controlled section, 
to read as follows:
7B003 Equipment specially designed for the ``production'' of equipment 
controlled by 7A (except 7A994).
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: (1) See also 7B103, (this entry is subject to the 
licensing authority of the U.S. Department of State, Directorate of 
Defense Trade Controls (see 22 CFR part 121)) and 7B994. (2) This entry 
includes: Inertial Measurement Unit (IMU module) tester; IMU platform 
tester; IMU stable element handling fixture; IMU platform balance 
fixture; gyro tuning test station; gyro dynamic balance station; gyro 
run-in/motor test station; gyro evacuation and fill station; centrifuge 
fixtures for gyro bearings; accelerometer axis align station; and 
accelerometer test station.
Related Definitions: * * *
Items: * * *

0
65. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7 (Navigation and Avionics), ECCN 7B101 is amended by revising 
the Heading and the Related Controls paragraph in the List of Items 
Controlled section, to read as follows:

7B101 ``Production equipment'', and other test, calibration, and 
alignment equipment, other than that described in 2B119 to 2B122, 
7B003, and 7B102, designed or modified to be used with equipment 
controlled by 7A001 to 7A004 or 7A101 to 7A104.
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: (1) See also 2B119 to 2B122, 7B003, 7B102, and 7B994. 
(2) This entry includes: inertial measurement unit (IMU module) tester; 
IMU platform tester; IMU stable element handling fixture; IMU platform 
balance fixture; gyro tuning test station; gyro dynamic balance 
stations; gyro run-in/motor test stations; gyro evacuation and filling 
stations; centrifuge fixtures for gyro bearings; accelerometer axis 
align stations; and accelerometer test stations.
Related Definitions: * * *
Items: * * *

0
66. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7 (Navigation and Avionics), ECCN 7B102 is amended by revising 
the Items paragraph of the List of Items Controlled section, to read as 
follows:
7B102 Equipment, other than those controlled by 7B002, designed or 
modified to characterize mirrors, for laser gyro equipment, as follows 
(see List of Items Controlled).
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
    a. Scatterometers having a threshold accuracy of 10 ppm or less 
(better).
    b. Reflectometers having a threshold accuracy of 50 ppm or less 
(better).
    c. Prolifometers having a threshold accuracy of 0.5nm (5 angstrom) 
or less (better).

[[Page 16157]]


0
67. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7 (Navigation and Avionics) is amended by removing ECCN 7B104.

0
68. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7 (Navigation and Avionics), ECCN 7D101 is amended by revising 
the Heading, to read as follows:
7D101 ``Software'' specially designed or modified for the ``use'' of 
equipment controlled by 7A001 to 7A006, 7A101 to 7A106, 7A115, 7A116, 
7B001, 7B002, 7B003, 7B101, 7B102, or 7B103.
* * * * *

0
69. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7 (Navigation and Avionics), ECCN 7D102 is amended by revising 
the Heading and the Items paragraph of the List of Items Controlled 
section, to read as follows:
7D102 Integration ``software'', as follows (See List of Items 
Controlled).
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
    a. Integration ``software'' for the equipment controlled by 
7A103.b.
    b. Integration ``software'' specially designed for the equipment 
controlled by 7A003 or 7A103.a.

0
70. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7 (Navigation and Avionics) is amended by revising the Reason 
for Control paragraph in the License Requirements section, the Related 
Controls paragraph in the List of Items Controlled section, and 
removing the second Related Controls paragraph that reads ``Related 
Controls: N/A'' of ECCN 7E001, to read as follows:
7E001 ``Technology'' according to the General Technology Note for the 
``development'' of equipment or ``software'' controlled by 7A (except 
7A994), 7B (except 7B994) or 7D (except 7D994).

License Requirements

Reason for Control: NS, MT, RS, AT

 
                Control(s)                          Country chart
 
 
 
                                * * * * *
 
 

List of Items Controlled

Unit: * * *
Related Controls: (1) See also 7E101 and 7E994. (2) The ``technology'' 
related to 7A003.b, 7A005, 7A007, 7A103.b, 7A105, 7A106, 7A115, 7A116, 
7A117, 7B103, software in 7D101 specified in the Related Controls 
paragraph of ECCN 7D101, 7D102.a, or 7D103 are subject to the export 
licensing authority of the U.S. Department of State, Directorate of 
Defense Trade Control (see 22 CFR part 121).
Related Definitions: * * *
Items: * * *

0
71. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7 (Navigation and Avionics), ECCN 7E101 is amended by revising 
the Heading and the Related Controls paragraph of the List of Items 
Controlled section, to read as follows:
7E101 ``Technology'', according to the General Technology Note for the 
``use'' of equipment controlled by 7A001 to 7A006, 7A101 to 7A106, 
7A115 to 7A117, 7B001, 7B002, 7B003, 7B101, 7B102, 7B103, or 7D101 to 
7D103.
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: (1) The ``technology'' related to 7A003.b, 7A005, 
7A103.b, 7A105, 7A106, 7A115, 7A116, 7A117, 7B103, software specified 
in the Related Controls paragraph of ECCN 7D101, 7D102.a, or 7D103 are 
subject to the export licensing authority of the U.S. Department of 
State, Directorate of Defense Trade Controls. (See 22 CFR part 121.) 
(2) ``Technology'' for inertial navigation systems and inertial 
equipment, and specially designed components therefor, not for use on 
civil aircraft are subject to the export licensing authority of the 
U.S. Department of State, Directorate of Defense Trade Controls. (See 
22 CFR part 121.)
Related Definitions: * * *
Items: * * *

0
72. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7 (Navigation and Avionics), revise ECCN 7E104, to read as 
follows:
7E104 Design ``Technology'' for the integration of the flight control, 
guidance, and propulsion data into a flight management system, designed 
or modified for ``missiles'', for optimization of rocket system 
trajectory. (This entry is subject to the export licensing authority of 
the U.S. Department of State, Directorate of Defense Trade Controls. 
See 22 CFR part 121.)

0
73. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9 (Propulsion Systems, Space Vehicles and Related Equipment), 
ECCN 9A106 is amended by revising the Heading, to read as follows:
9A106 Systems or components, other than those controlled by 9A006, 
usable in ``missiles'', as follows (see List of Items Controlled), and 
specially designed for liquid rocket propulsion systems.
* * * * *

0
74. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9 (Propulsion Systems, Space Vehicles and Related Equipment), 
ECCN 9A110 is amended by revising the Heading and the Related Controls 
paragraph of the List of Items Controlled section, to read as follows:
9A110 Composite structures, laminates and manufactures thereof, other 
than those controlled by entry 9A010, specially designed for use in 
``missiles'' or the subsystems controlled by entries 9A005, 9A007, 
9A105.a, 9A106 to 9A108, 9A116, or 9A119.
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: (1) See also 1A002. (2) ``Composite structures, 
laminates, and manufactures thereof, specially designed for use in 
missile systems are under the licensing authority of the Directorate of 
Defense Trade Controls, U.S. Department of State, except those 
specially designed for non-military unmanned air vehicles controlled in 
9A012.
Related Definitions: * * *
Items: * * *

0
75. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9 (Propulsion Systems, Space Vehicles and Related Equipment), 
revise ECCNs 9A115 and 9A117, to read as follows:
9A115 Apparatus, devices and vehicles, designed or modified for the 
transport, handling, control, activation and launching of ``missiles''. 
(These items are subject to the export licensing authority of the U.S. 
Department of State, Directorate of Defense Trade Controls. See 22 CFR 
part 121.)
* * * * *
9A117 Staging mechanisms, separation mechanisms, and interstages 
therefor, usable in ``missiles''. (These items are subject to the 
export licensing authority of the U.S. Department of State, Directorate 
of Defense Trade Controls. See 22 CFR part 121.)

0
76. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9 (Propulsion Systems, Space Vehicles and Related Equipment), 
ECCN 9B005 is

[[Page 16158]]

amended by revising the License Requirements section, to read as 
follows:

9B005 On-line (real time) control systems, instrumentation (including 
sensors) or automated data acquisition and processing equipment, 
specially designed for use with any of the following wind tunnels or 
devices (see List of Items Controlled).

License Requirements

Reason for Control: NS, AT

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

* * * * *

0
77. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9 (Propulsion Systems, Space Vehicles and Related Equipment), 
ECCN 9B106 is amended by revising the Items paragraph of the List of 
Items Controlled section, to read as follows:

9B106 Environmental chambers and anechoic chambers, as follows (see 
List of Items Controlled).
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
    a. Environmental chambers capable of simulating all of the 
following flight conditions:
    a.1. Vibration environments of 10 g RMS or greater between 20 Hz 
and 2,000 Hz imparting forces of 5 kN or greater; and
    a.2. Any of the following:
    a.2.a. Altitude of 15,000 m or greater; or
    a.2.b. Temperature range of at least 223 K (-50oC) to 398 K 
(+125[deg]C);
    b. Anechoic chambers capable of simulating all of the following 
flight conditions:
     b.1. Acoustic environments at an overall sound pressure level of 
140 dB or greater (referenced to 2 x 10-\5\ N/m \2\) or with 
a rated power output of 4kW or greater; and
    b.2. any of the following:
    b.2.a. Altitude of 15,000 m or greater; or
    b.2.b. Temperature range of at least 223K 
(-50[deg]C) to 398 K (+125[deg]C).

0
78. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9 (Propulsion Systems, Space Vehicles and Related Equipment), 
ECCN 9B116 is amended by revising the Heading, to read as follows:
9B116 Specially designed ``production facilities'' for the systems, 
sub-systems, and components controlled by 9A004 to 9A009, 9A011, 9A012, 
9A101, 9A104 to 9A109, 9A111, 9A116 to 9A119.
* * * * *

0
79. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9 (Propulsion Systems, Space Vehicles and Related Equipment) 
is amended by adding ECCN 9C110 in Product Group C, Materials, to read 
as follows:
9C110 Resin impregnated fiber prepregs and metal coated fiber preforms 
therefor, for composite structures, laminates and manufactures 
specified in 9A110, made either with organic matrix or metal matrix 
utilizing fibrous or filamentary reinforcements having a specific 
tensile strength greater than 7.62 x 10\4\ m and a specific modulus 
greater than 3.18 x 10\6\ m.

License Requirements

Reason for Control: MT, AT

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

License Exceptions

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

List of Items Controlled

Unit: Kilograms
Related Controls: (1) See also 1C010 and 1C210.c. (2) The only resin 
impregnated fiber prepregs controlled by entry 9C110 are those using 
resins with a glass transition temperature (Tg), after cure, 
exceeding 418 K (145 [deg]C) as determined by ASTM D4065 or 
national equivalents.
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN heading.

0
80. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9 (Propulsion Systems, Space Vehicles and Related Equipment), 
ECCN 9D001 is amended by revising the License Requirements section, and 
the Related Controls paragraph of the List of Items Controlled section, 
to read as follows:
9D001 ``Software'' specially designed or modified for the 
``development'' of equipment or ``technology'' controlled by 9A (except 
9A018, 9A990 or 9A991), 9B (except 9B990 or 9B991) or 9E003.

License Requirements

Reason for Control: NS, MT, AT

 
               Control(s)                         Country chart
 
NS applies to ``software'' for items     NS Column 1
 controlled by 9A001 to 9A003, 9A012,
 9B001 to 9B009, and 9E003.
MT applies to ``software'' for           MT Column 1
 equipment controlled by 9A106.a and
 .b, or 9B116 for MT reasons.
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.

* * * * *

List of Items Controlled

Unit: * * *
Related Controls: (1) ``Software'' ``required'' for the ``development'' 
of items controlled by 9A004 is subject to the export licensing 
authority of the U.S. Department of State, Directorate of Defense Trade 
Controls. (See 22 CFR part 121.) (2) ``Software'' ``required'' for the 
``development'' of equipment or ``technology'' subject to the export 
licensing authority of the U.S. Department of State, Directorate of 
Defense Trade Controls is also subject to the same licensing 
jurisdiction. (See 22 CFR part 121.)
Related Definitions: * * *
Items: * * *

0
81. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9 (Propulsion Systems, Space Vehicles and Related Equipment), 
ECCN 9D002 is amended by revising the Heading and the License 
Requirements section, to read as follows:

9D002 ``Software'' specially designed or modified for the 
``production'' of equipment controlled by 9A (except 9A018, 9A990, or 
9A991) or 9B (except 9B990 or 9B991).

License Requirements

Reason for Control: NS, MT, AT

 
               Control(s)                         Country chart
 
NS applies to ``software'' for           NS Column 1
 equipment controlled by 9A001 to
 9A003, 9A012, 9B001 to 9B009, or 9E003.
MT applies to ``software'' for           MT Column 1
 equipment controlled by 9B116 for MT
 reasons.
AT applies to entire entry.............  AT Column 1
 



[[Page 16159]]

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

* * * * *

0
82. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9 (Propulsion Systems, Space Vehicles and Related Equipment), 
ECCN 9D101 is amended by revising the Heading, to read as follows:
9D101 ``Software'' specially designed or modified for the ``use'' of 
commodities controlled by 9B105, 9B106, 9B116, or 9B117.
* * * * *

0
83. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9 (Propulsion Systems, Space Vehicles and Related Equipment) 
is amended by removing ECCN 9D102.

0
84. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9 (Propulsion Systems, Space Vehicles and Related Equipment) 
is amended by adding ECCN 9D104 to follow 9D103, to read as follows:

9D104 ``Software'' specially designed and modified for the ``use'' of 
equipment controlled by 9A001, 9A005, 9A006.d, 9A006.g, 9A007.a, 
9A008.d, 9A009.a, 9A010.d, 9A011, 9A012 (for MT controlled items only), 
9A101, 9A105, 9A106.c and .d, 9A107, 9A108.c, 9A109, 9A111, 9A115.a, 
9A116.d, 9A117, or 9A118.

License Requirements

Reason for Control: MT, AT

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

License Exceptions

CIV: N/A
TSR: N/A

List of Items Controlled

Unit: $ value
Related Controls: ``Software'' for commodities controlled by 9A005 to 
9A011, 9A105, 9A106.c, 9A107 to 9A109, 9A111, 9A115, 9A116, 9A117, and 
9A118 are subject to the export licensing authority of the U.S. 
Department of State, Directorate of Defense Trade Controls (see 22 CFR 
part 121).
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN heading.

0
85. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9 (Propulsion Systems, Space Vehicles and Related Equipment) 
is amended by adding ECCN 9D105 to follow the new ECCN 9D104, to read 
as follows:
9D105 ``Software'' that coordinates the function of more than one 
subsystem, specially designed or modified for ``use'' in ``missiles.'' 
(These items are subject to the export licensing authority of the U.S. 
Department of State, Directorate of Defense Trade Controls. See 22 CFR 
part 121.)

0
86. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9 (Propulsion Systems, Space Vehicles and Related Equipment), 
ECCN 9E101 is amended by revising the Heading, and the Related Controls 
paragraph of the List of Items Controlled section, to read as follows:

9E101 ``Technology'' according to the General Technology Note for the 
``development'' or ``production'' of commodities or software controlled 
by 9A012, 9A101, 9A104 to 9A111, 9A115 to 9A119, 9D101, 9D103, 9D104 or 
9D105.
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: ``Technology'' controlled by 9E101 for items in 
9A012, 9A101.b, 9A104, 9A105, to 9A109, 9A110 that are specially 
designed for use in missile systems and subsystems, 9A111, 9A115, 9A116 
to 9A119, 9D103, and 9D105 are subject to the export licensing 
authority of the U.S. Department of State, Directorate of Defense Trade 
Controls (see 22 CFR part 121).
Related Definitions: * * *
Items: * * *

0
87. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9 (Propulsion Systems, Space Vehicles and Related Equipment), 
ECCN 9E102 is amended by revising the Heading, and the Related Controls 
paragraph of the List of Items Controlled section, to read as follows:
9E102 ``Technology'' according to the General Technology Note for the 
``use'' of space launch vehicles specified in 9A004, or commodities or 
software controlled by 9A005 to 9A012, 9A101, 9A104 to 9A111, 9A115 to 
9A119, 9B105, 9B106, 9B115, 9B116, 9B117, 9D101, 9D103, 9D104 or 9D105.
* * * * *

List of Items Controlled

Unit: * * *
Related Controls: (1) For the purpose of this entry, ``use'' 
``technology'' is limited to items controlled for MT and their 
subsystems. (2) ``Technology'' controlled by 9E102 for commodities or 
software subject to the export licensing jurisdiction of the Department 
of State in 9A004 to 9A012, 9A101.b, 9A104, 9A105, 9A106.a to .c, 9A107 
to 9A109, 9A110 that are specially designed for use in missile systems 
and subsystems, 9A111, 9A115 to 9A119, 9B115, 9B116, 9D103, specified 
software in 9D104, and 9D105 are subject to the export licensing 
authority of the U.S. Department of State, Directorate of Defense Trade 
Controls (see 22 CFR part 121).
Related Definitions: * * *
Items: * * *

    Dated: March 25, 2003.
James J. Jochum,
Assistant Secretary for Export Administration.
[FR Doc. 03-7695 Filed 4-1-03; 8:45 am]
BILLING CODE 3510-33-P