[Federal Register Volume 70, Number 135 (Friday, July 15, 2005)]
[Rules and Regulations]
[Pages 41094-41121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13581]



[[Page 41093]]

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Part II





Department of Commerce





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Bureau of Industry and Security



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15 CFR Parts 740, 742, 743, 772, and 774



Export Administration Regulations: December 2004 Wassenaar Arrangement 
Plenary Agreement Implementation; Final Rule

  Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Rules 
and Regulations  

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 742, 743, 772 and 774

[Docket No. 050607153-5153-01]
RIN 0694-AD41


December 2004 Wassenaar Arrangement Plenary Agreement 
Implementation: Categories 1, 2, 3, 4, 5 Part I (Telecommunications), 
6, 7, 8, and 9 of the Commerce Control List; Wassenaar Reporting 
Requirements; Definitions; and Certain New or Expanded Export Controls

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) maintains the 
Commerce Control List (CCL), which identifies items subject to 
Department of Commerce export controls. This final rule revises certain 
entries controlled for national security reasons in Categories 1, 2, 3, 
4, 5 Part I (telecommunications), 6, 7, 8, and 9, and Definitions to 
conform with changes in the Wassenaar Arrangement's List of Dual-Use 
Goods and Technologies and Statements of Understanding maintained and 
agreed to by governments participating in the Wassenaar Arrangement on 
Export Controls for Conventional Arms and Dual-Use Goods and 
Technologies (Wassenaar Arrangement). The Wassenaar Arrangement focuses 
on implementation of effective export controls on strategic items with 
the objective of improving regional and international security and 
stability.
    The purpose of this final rule is to make the necessary changes to 
the CCL, definitions of terms used in the Export Administration 
Regulations (EAR), and Wassenaar reporting requirements to implement 
Wassenaar List revisions that were agreed upon in the December 2004 
Wassenaar Arrangement Plenary Meeting. In addition, this rule adds 
Slovenia to the list of Wassenaar member countries in the EAR.
    This rule also adds or expands unilateral U.S. controls on certain 
items consistent with the amendments made to implement the Wassenaar 
Arrangement's decisions.

DATES: Effective Date: This rule is effective July 15, 2005.

FOR FURTHER INFORMATION CONTACT: For questions of a general nature 
contact Sharron Cook, Office of Exporter Services, Bureau of Industry 
and Security, U.S. Department of Commerce at (202) 482-2440 or e-mail: 
[email protected].
    For questions of a technical nature contact:

Category 1: Bob Teer 202-482-4749
Category 2: George Loh 202-482-3570
Category 3: Brian Baker 202-482-5534
Category 4 and 5 part 1: Joe Young 202-482-4197
Category 5 part 2: Norm La Croix 202-482-4439
Category 6: Chris Costanzo (night vision) 202-482-0718 or Wayne Hovis 
(lasers) 202-482-1837
Categories 7 and 8: Dan Squire 202-482-3710
Categories 8 and 9: Gene Christensen 202-482-2984

SUPPLEMENTARY INFORMATION:

Background

    In July 1996, the United States and thirty-three other countries 
gave final approval to the establishment of a new multilateral export 
control arrangement, called the Wassenaar Arrangement on Export 
Controls for Conventional Arms and Dual-Use Goods and Technologies 
(Wassenaar Arrangement). The Wassenaar Arrangement contributes to 
regional and international security and stability by promoting 
transparency and greater responsibility in transfers of conventional 
arms and dual-use goods and technologies, thus preventing destabilizing 
accumulations of such items. Participating states have committed to 
exchange information on exports of dual-use goods and technologies to 
non-participating states for the purposes of enhancing transparency and 
assisting in developing common understandings of the risks associated 
with the transfers of these items.

Addition of Slovenia

    Slovenia was welcomed as a new Participating State to the Wassenaar 
Arrangement at the December 2004 Plenary Meeting. To reflect this 
change, this rule adds Slovenia to the list of Wassenaar Arrangement 
member Countries in Supplement No. 1 to part 743.

Expansion or New Export Controls

    New or expanded antiterrorism (AT) controls imposed by this rule. 
This rule imposes a unilateral U.S. license requirement to export and 
reexport commodities (and related software and technology) controlled 
under ECCNs 6A001.a.2.a.3.b, 6A001.a.2.a.3.c, 6A001.a.2.a.6, 
6A002.a.3.f, 6A003.b.4.b, 7A002.b for AT reasons to Cuba, Iran, Libya, 
North Korea, Sudan and Syria, in addition to the national security 
controls imposed to implement the Wassenaar Arrangement's decisions. 
There is a general policy of denial for applications to terrorism 
supporting countries, as set forth in part 742. In addition, certain of 
these countries are also subject to embargoes, as set forth in part 
746. A license is also required for the export and reexport of these 
items to specially designated terrorists and foreign terrorist 
organizations, as set forth in part 744; license applications to these 
parties are reviewed under a general policy of denial.
    New or expanded regional security (RS) controls imposed by this 
rule. This rule also imposes a unilateral U.S. license requirement to 
export and reexport commodities (and related technology) controlled 
under ECCNs 6A002.a.3.f and 6A003.b.4.b for RS reasons to all 
countries, except Canada, in addition to the national security controls 
imposed to implement the Wassenaar Arrangement's decisions. These 
destinations have an ``X'' indicated in RS column 1 on the Commerce 
Country Chart of Supplement No. 1 to part 738. Applications to export 
and reexport these commodities will be reviewed on a case-by-case basis 
to determine whether the export or reexport could contribute directly 
or indirectly to any country's military capabilities in a manner that 
would alter or destabilize a region's military balance contrary to the 
foreign policy interests of the United States. For designated 
terrorism-supporting countries, the applicable licensing policies are 
found in parts 742 and 746 of the EAR.
    New or expanded United Nations (UN) controls imposed by this rule. 
This rule also imposes a license requirement to export and reexport 
commodities (and related technology) controlled under ECCN 6A002.a.3.f 
for UN reasons to Rwanda in addition to the national security controls 
imposed to implement the Wassenaar Arrangement's decisions. The U.S. 
Government has a general policy of denial for export or reexport of 
certain items, including 6A002.a.3, to Rwanda. However, proposed 
exports or reexports to the Government of Rwanda are reviewed on a 
case-by-case basis. The implementation of UN controls under 
6A002.a.3.f, indirectly expands the UN controls under ECCNs 6A003.b.4, 
6E001, and 6E002.
    New or expanded NS Column 2 controls imposed by this rule. This 
rule imposes a license requirement under section 742.4(a) of the EAR 
for exports and reexports of commodities (and related software and 
technology) described in ECCNs 6A001.a.2.a.3.b, 6A001.a.2.a.3.c, 
6A001.a.2.a.6, 6A002.a.3.f, and 6A003.b.4.b to all

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destinations that are not Country Group A:1 or cooperating countries 
(see Supplement No. 1 to part 740). These destinations have an ``X'' 
indicated in NS column 2 on the Commerce Country Chart of Supplement 
No. 1 to part 738. The purpose of the controls is to ensure that these 
items do not make a contribution to the military potential that would 
prove detrimental to the national security of the United States.
    New or expanded NS Column 1 controls imposed by this rule. This 
rule imposes a license requirement under section 742.4(a) of the EAR 
for exports and reexports of commodities (and related software and 
technology) described in ECCN 7A002.b to all destinations, except 
Canada. These destinations have an ``X'' indicated in NS column 1 on 
the Commerce Country Chart of Supplement No. 1 to part 738. The purpose 
of the controls is to ensure that these items do not make a 
contribution to the military potential that would prove detrimental to 
the national security of the United States.
    The licensing policy for national security controlled items 
exported or reexported to any country except a country in Country Group 
D:1 (see Supplement No. 1 to part 740) is to approve applications 
unless there is a significant risk that the items will be diverted to a 
country in Country Group D:1. The general policy for exports and 
reexport of items to Country Group D:1 is to approve applications when 
BIS determines, on a case-by-case basis, that the items are for 
civilian use or would otherwise not make a significant contribution to 
the military potential of the country of destination that would prove 
detrimental to the national security of the United States.
    This rule revises a number of entries on the Commerce Control List 
(CCL) to conform with the December 2004 agreed revisions to the 
Wassenaar List of Dual-Use Goods and Technologies. This rule also 
revises language to provide a complete or more accurate description of 
controls. A description of the specific amendments to the CCL pursuant 
to the December 2004 Wassenaar Agreement is provided below. The ECCNs 
affected, as described below, are 1C008, 2B001, 2B005, 2B006, 2B201, 
3A001, 3A001, 3A002, 3B001, 3B002, 3B991, 3B992, 4D001, 4E001, 5A001, 
6A001, 6A002, 6A003, 6A006, 6A993, 6A996, 6E001, 6E002, 6E003, 6E991, 
6E993, 7A002, 7A007, 8A002, and 9A001.

Category 1--Materials, Chemicals, ``Microorganisms,'' and Toxins

    ECCN 1C008 is amended by:
    (a) Deleting the phrase ``determined using the dry method described 
in ASTM D 3418'' from 1C008.a.4;
    (b) Replacing the phrase ``ASTM D-648, method A'' with the phrase 
``ISO 75-3 (2004)'' in 1C008.b;
    (c) Adding the phrase ``having a glass transition temperature 
(Tg) exceeding 513 K (240 [deg]C)'' to the end of 1C008.f; 
and
    (d) Replacing the phrase ``ASTM D 3418 using the dry method'' with 
the phrase ``ISO 11357-2 (1999) or national equivalents'' in the 
technical note to 1C008.
    The amendments in 1C008 were agreed to by the Wassenaar Arrangement 
for consistency and to avoid differing treatment of resins having the 
same applications and functional capabilities. The plastic resins that 
are controlled under 1C008.a.4 are extremely similar to those 
controlled under 1C008.f. The characteristics of these two types of 
resins allow them to be used interchangeably for the same end-uses. The 
resins under 1C008.a.4 are controlled differently than those under 
1C008.f. This has created a marketing distortion which favors the 
resins controlled under 1C008.a.4. This rule clarifies the distinction 
in the control of these resins by including a glass transition 
temperature for items described in 1C008.f.

Category 2--Materials Processing

    ECCN 2B001 is amended by:
    (a) Removing the Note to 2B001.a regarding the contact lens turning 
machines exception and placing it under the NS Reason for Control; and
    (b) Revising Note 2 to 2B001.c regarding what jig grinders are not 
controlled by ECCN 2B001.
    Although the Wassenaar Arrangement agreed to not control under 
2B001.c grinding machines that are ``designed specifically as jig 
grinders that do not have a z-axis or w-axis, with a positioning 
accuracy with `all compensations available' less (better) than 3 [mu]m 
according to ISO 230/2 (1997) or national equivalents,'' Technical Note 
6 at the beginning of Category 2 Product Group B states that ``The 
positioning accuracy of `numerically controlled' machine tools is to be 
determined and presented in accordance with ISO 230/2 (1988).'' 
Therefore, in Note 2 to 2B001.c BIS has replaced the ``3 [mu]m'' with 
``4 [mu]m,'' which is the equivalent positioning accuracy under the 
1988 standard.
    The amendments to ECCN 2B001 were agreed to by the Wassenaar 
Arrangement because many of the latest generation jig grinders today 
utilize a Computer Numerical Controller (CNC) to control and coordinate 
3 or more axes. The wording of the Note to 2B001.c could be interpreted 
to release 3- or more axes jig grinders with full CNC contouring 
control if a c- or an a-axis, as listed in 2B001.c Note 2, is added to 
their current capabilities. This was not the original intent of the 
Note. The revisions presented in this rule clarify that jig grinders 
with precise 3-dimensional contouring capability are controlled, 
because of their capacity to produce high-precision, complex military 
components. The revision limits the exclusion by placing accuracy 
parameters on the third linear axis (z or w).
    ECCN 2B005 is amended by removing the term ``stored program 
controlled'' from paragraphs 2B005.a, .b, .c, .d, .e, .f, and .g. ECCN 
2B006 is amended by removing the term ``stored program controlled'' 
from paragraph 2B006.a. This term is removed because most equipment is 
computer controlled now and the term no longer adds any value to the 
control.
    ECCN 2B201 is amended by revising the list of items controlled by 
redesignating paragraphs (a) and (b) as paragraphs (b) and (c) and 
adding a new paragraph (a) that describes machine tools with 
``positioning accuracies'' to mirror 1.B.2.a and the Note to 1.B.2.a 
from the Nuclear Suppliers Group INFCIRC/254/Rev. 5/Part 2 dated May 
2003. This amendment is being added to conform with the Wassenaar 
Arrangement's exclusion note for turning machines specially designed 
for the production of contact lenses and capable of machining diameters 
greater than 35 mm in 2B001. Also, because of the structure of the 
numbering system for ECCNs in the CCL, an item (such as the item 
covered under ECCN 2B201) which is controlled for NP reasons but not NS 
reasons cannot remain in an NS-controlled ECCN where the second digit 
is a ``0'' (2B001), because ``0'' indicates that an item is controlled 
for NS reasons. The second digit differentiates individual CCL entries 
by identifying the type of controls associated with the items contained 
in the entry. (For example, zero indicates NS controls, one MT 
controls, two NP controls, etc.)

Category 3--Electronics

    ECCN 3A001 is amended by:
    (a) Revising paragraph 3A001.a.3.c for microprocessor 
microcircuits, micro-computer microcircuits, and microcontroller 
microcircuits by increasing the controlling number of data or 
instruction bus or serial communication ports from ``one'' to 
``three,'' and increasing the direct

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external interconnection between parallel microprocessor microcircuits 
from a transfer rate exceeding ``150 Mbyte/s'' to ``1000 Mbyte/s or 
greater.''
    The Wassenaar Arrangement agreed to raise the threshold for the 
number of ports to three and the transfer rate to 1000 Mbyte/s in 
3A001.a.3.c because these thresholds will not adversely affect national 
security, as the new thresholds fall just below what is currently being 
used in some military systems.
    The revision to 3A001.a.3.c will expand the availability of License 
Exception CIV for deemed exports of technology for the development or 
production of 3A001.a.3.c commodities, as described in 3E001.
    (b) Revising the control parameter of conversion time to output 
word rate to reduce control interpretation ambiguities across various 
analog-to-digital (A-D) architectures. The conversion time parameter 
did not take into account latency or techniques used to perform 
conversions. Therefore, this rule revises paragraph 3A001.a.5.a for A-D 
converter integrated circuits by:
    (b.1) Splitting 3A001.a.5.a.1 into two separate ranges of 
resolution with different controlling output parameters: ``A resolution 
of 8 bit or more, but less than 10 bit, with an output rate greater 
than 500 million words per second;'' and ``A resolution of 10 bit or 
more, but less than 12 bit, with an output rate greater than 200 
million words per second;''
    (b.2) Revising the controlling parameter in 3A001.a.5.a.3 for A-D 
converter integrated circuits with a resolution of 12 bit from ``with a 
total conversion time of less than 20 ns'' to ``with an output rate 
greater than 50 million words per second;''
    (b.3) Revising the controlling parameter in 3A001.a.5.a.4 for A-D 
converter integrated circuits with a resolution of more than 12 bit but 
equal to or less than 14 bit from a ``total conversion time of less 
than 200 ns;'' to an ``output rate greater than 5 million words per 
second;''
    (b.4) Revising the controlling parameter in 3A001.a.5.a.5 for A-D 
converter integrated circuits with a resolution of more than 14 bit 
from ``a total conversion time of less than 1 [mu]s'' to an ``output 
rate greater than 1 million words per second.''
    (c) Replacing the explanation for ``total conversion time'' in 
Technical Note 2 with explanations ``for number of bits in the output 
word'' and ``output rate'' in the new Technical Notes 2 through 4. This 
change was made pursuant to agreed definition clarifications made at 
the Plenary Meeting to be consistent with changes to the control 
parameters for Analog-Digital Converters.
    The amendments to 3A001.a.5.a were agreed to by the Wassenaar 
Arrangement because the use of conversion time and sample rate metrics 
are not consistent across different Analog-Digital Converter (ADC) 
architectures. The revisions in this rule update the control parameter 
to account for changes on the architectures of ADCs--specifically 
pipelined converters and sigma delta converters--where conversion time 
and sampling rate are not appropriate indicators of a converter's 
capabilities.
    ECCN 3A002 is amended by:
    (a) Removing a comma in 3A002.b to conform to the Wassenaar Dual-
use List; and
    (b) Redesignating 3A002.c.2 as new paragraph 3A002.c.3 and revising 
3A002.c.1 by splitting it into two paragraphs 3A002.c.1 and new 
3A002.c.2:
    (a.1) Paragraph 3A002.c.1 is revised by adding a new parameter 
``having a 3 dB resolution bandwidth (RBW) exceeding 10 MHz'' for 
signal analyzers capable of analyzing any frequencies exceeding 31.8 
GHz but not exceeding 37.5 GHz.
    (a.2) New paragraph 3A002.c.2 controls signal analyzers capable of 
analyzing frequencies exceeding 43.5 GHz, which used to be controlled 
in 3A002.c.1.
    The amendments to 3A002.c were agreed to by the Wassenaar 
Arrangement to revise the decontrol to certain signal analyzers by 
replacing the 31.8-37.5 GHz range frequency blackout that was agreed to 
in December 2002 with controls based on resolution bandwidth. This 
action is complementary to and consistent with the controls on signal 
generators agreed to by the Wassenaar Arrangement in December 2003.
    ECCN 3B001 is amended by:
    (a) Revising the dimensions parameter for anisotropic plasma dry 
etching equipment with cassette-to-cassette operation and load-locks 
from ``0.3 [mu]m or less'' to 180 nm or less'' in 3B001.c.1.a;
    (b) Revising the dimensions parameter for anisotropic plasma dry 
etching equipment specially designed for equipment controlled by 
3B001.e from ``0.3 [mu]m or less'' to ``180 nm or less'' in 
3B001.c.2.a;
    (c) Revising the wavelength parameter for lithography equipment 
from ``350 nm'' to ``245 nm'' in 3B001.f.1.a;
    (d) Revising the minimum resolvable feature size for lithograph 
equipment from ``0.35 [mu]m'' to ``180 nm'' in 3B001.f.1.b; and
    (e) Revising the K factor of the MRF formula in the Technical Note 
from ``0.7'' to ``0.45.''
    The Wassenaar Arrangement agreed to the revisions in 3B001 because 
consensus was reached regarding PE-CVD equipment controlled by 
3B001.d.1, one of the thresholds, ``critical dimensions,'' was relaxed 
to 180 nm. ``Critical dimensions'' or ``feature size'' do not directly 
indicate the performance of PE-CVD equipment; however, they are related 
to the ``design rule'' of the semiconductor devices. In order to unify 
as much as possible in other provisions of 3B001, 180 nm was adopted in 
other relevant corresponding entries of the list for consistency. In 
order for the relaxation under 3B001.d.1 to be effective, revisions had 
to be made accordingly to 3B001.f.1.a (because the light source of KrF 
steppers are 248nm). In addition, the Technical Note to 3B001.f.1.b is 
revised because the level of K-factor has become lower based on the 
recent technological developments, e.g., the K-factor of most current 
lithography equipment is less than 0.45.
    Commodities no longer controlled under ECCN 3B001 continue to be 
controlled for antiterrorism reasons under ECCN 3B991.b.2.f for exports 
and reexports to designated terrorism-supporting countries, as set 
forth in parts 742 and 746 of the EAR and as indicated in AT Column 1 
of the Commerce Country Chart.
    ECCN 3B002 is amended by removing the term ``stored program 
controlled'' from the heading. This term is removed because most 
equipment is computer controlled now and the term no longer adds any 
value to the control. ECCN 3B002 is further amended by removing and 
reserving 3B002.b, including the Note and Technical Note. The Wassenaar 
Arrangement agreed to the removal of 3B002.b because although enhancing 
production efficiencies, semiconductor test equipment in 3B002 is not 
considered to be a choke point technology or a key enabler for 
semiconductor production. This type of testing equipment lowers 
manufacturing costs and increases output but does not otherwise provide 
semiconductor producers with the ability to create particular chips or 
technically advanced devices. Restricting test equipment also does not 
prevent the production of semiconductors targeted for military use. In 
addition, the most advanced semiconductor devices can be produced 
without requiring full speed testing on automatic test equipment. 
Moreover, test services have become readily available through 
international test

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outsourcing companies. Semiconductors can be developed and manufactured 
in one country and then tested in other countries with no restrictions.
    ECCN 3B991 is amended by adding the words ``e.g., lithography'' to 
3B991.b.2.f, to clarify that lithography equipment is controlled under 
that paragraph.
    ECCN 3B992 is amended by:
    (a) Organizing the notes after 3B992.b.4.b, and adding a note that 
3B992.b.4.b does not control test equipment specially designed for 
testing memories; and
    (b) Adding a technical note to define ``pattern rate.''
    Commodities no longer controlled under ECCN 3B002 continue to be 
controlled for antiterrorism reasons under ECCN 3B992 for exports and 
reexports to designated terrorism-supporting countries, as set forth in 
parts 742 and 746 of the EAR and as indicated in AT Column 1 of the 
Commerce Country Chart.

Category 4--Computers

    ECCN 4A003 is amended by making an editorial correction, removing a 
reference to ``4A003.d'' in Note 1 to 4A003.c.
    ECCN 4A994 is amended by making an editorial correction, clarifying 
the reference to ``4A994'' to read ``4A994.g and 4A994.k'' in Note 1 to 
4A994.c.
    ECCN 4D001 is amended by:
    (a) Removing the License Requirement Note that provided a reference 
to Wassenaar reporting requirements for computer software under ECCN 
4D001, because this rule removed this Wassenaar reporting requirement.
    (b) Raising the CTP limit from ``33,000 MTOPS'' to ``190,000 
MTOPS'' in the License Exception TSR eligibility paragraph under the 
License Exception section of ECCN 4D001.
    (c) Raising the composite theoretical performance (CTP) control 
threshold for software for the production, development, or use of 
computers from ``28,000 MTOPS'' to ``75,000 MTOPS'' in 4D001.b.1.
    ECCN 4E001 is amended by:
    (a) Removing the License Requirement Note that provided a reference 
to Wassenaar reporting requirements for computer technology under ECCN 
4E001, because this rule removed this Wassenaar reporting requirement.
    (b) Raising the CTP limit from ``33,000 MTOPS'' to ``190,000 
MTOPS'' in the License Exception TSR eligibility paragraph under the 
License Exception section of 4E001.
    (c) Raising the composite theoretical performance (CTP) control 
threshold for technology for the production, development, or use of 
computers from ``28,000 MTOPS'' to ``75,000 MTOPS'' in 4E001.b.1.
    The amendments to 4D001 and 4E001 were agreed to in the Wassenaar 
Arrangement because digital computers capable of either 75,000 or 
190,000 MTOPS are becoming more common. The Wassenaar Arrangement 
recognized this with its decontrol of hardware to 190,000 MTOPS. Most 
of the multi-processor computer servers sold in this range are for 
commercial applications. It is for these reasons that the Wassenaar 
Arrangement removed computer technology and software from the Annex 2 
(Very Sensitive List), raised the Annex 1 (Sensitive List) threshold 
from ``150,000 MTOPS'' to ``190,000 MTOPS,'' and raised the control 
threshold from ``33,000 MTOPS'' to ``75,000 MTOPS.'' Therefore, this 
rule revises to the CTP limit for License Exception TSR eligibility in 
ECCNs 4D001 and 4E001 accordingly.
    BIS expects that the raising of the threshold for computer software 
and technology in 4D001 and 4E001, along with raising the eligibility 
limit for License Exceptions TSR and CTP will decrease the number of 
Category 4 license applications received by BIS by about 15 percent 
(i.e., 150 applications) over the next 6 months.
    Software and technology no longer controlled under ECCNs 4D001 and 
4E001 continue to be controlled for antiterrorism reasons under ECCN 
4D994 and 4E992, respectively, for exports and reexports to designated 
terrorism-supporting countries, as set forth in parts 742 and 746 of 
the EAR and as indicated in AT Column 1 of the Commerce Country Chart.

Category 5--Part I--Telecommunications

    ECCN 5A001 is amended by:
    (a) Raising the operating frequency for electronically steerable 
phased array antennae from ``31 GHz'' to ``31.8 GHz'' in paragraph 
5A001.d.
    In 2003, all frequency control units in Categories 3 and 5 were 
changed from 31 GHz to 31.8 GHz, except 5.A.1.d. This revision is a 
technical correction to implement a change that was inadvertently 
overlooked in 2003.
    (b) Moving ECCN 7A007 to 5A001.e--direction finding equipment 
operating at frequencies above 30 MHz, and having other characteristics 
set forth in 5A001.e.1 through e.3, and specially designed components 
therefor.
    This rule adds a note to the Related Controls paragraph in the List 
of Items Controlled section that states, ``Direction finding equipment 
defined in 5A001.e is subject to the export licensing authority of the 
Department of State, Directorate of Defense Trade Controls (22 CFR part 
121).'' Direction finding equipment defined in 5A001.e is specifically 
excluded from eligibility for License Exceptions LVS, GBS, and CIV, 
because this equipment will remain under the jurisdiction of the 
Department of State, Directorate of Defense Trade Controls.
    ECCN 7A007 is moved to 5A001.e to ensure that direction-finding 
equipment for navigation is not confused with direction-finding 
equipment for surveillance. Direction finding equipment defined in 
5A001.e is subject to the export licensing authority of the Department 
of State, Directorate of Defense Trade Controls (22 CFR part 121), 
because radio surveillance equipment and systems capable of finding the 
line-of-bearing (LOB) to a radio transmitter are used in tactical 
applications for locating and targeting hostile emitters. Historically, 
direction finding equipment for surveillance equipment has been 
controlled under International Munitions List (IML) Category 11. 
However, the International Telecommunications Union Spectrum Monitoring 
Handbook recommends that civil spectrum authorities employ radio-
surveillance direction finding systems (DF) capable of finding the LOB 
to emitters with signals with a duration of less than 10 milliseconds. 
Systems which meet and exceed this threshold are marketed for this 
purpose, indicating that surveillance equipment and systems for 
locating non-cooperating emitters may be becoming more dual-use in 
nature, even though it is still of tactical interest.

Category 6--Sensors

    ECCN 6A001 is amended by:
    (a) Redesignating paragraphs 6A001.a.2.a.2 through 6A001.a.2.a.5, 
to 6A001.a.2.a.3 through 6A001.a.2.a.6;
    This rule revises License Exception LVS eligibility to harmonize 
with the redesignation of these paragraphs.
    (b) Revising 6A001.a.2.a.1 to separate the characteristics for 
hydrophones into two paragraphs 6A001.a.2.a.1 and a new paragraph 
6A001.a.2.a.2;
    (c) Redesignating paragraph 6A001.a.2.a.3.b as 6A001.a.2.a.3.c and 
revising the control language from ``Flexible piezoelectric ceramic 
materials'' to ``Flexible piezoelectric composites'' in the newly 
designated 6A001.a.2.a.3 (used to be 6A001.a.2.a.2);
    (d) Adding a new paragraph 6A001.a.2.a.3.b to control 
``Piezoelectric polymer films other than polyvinylidene-fluoride (PVDF) 
and its

[[Page 41098]]

co-polymers {P(VDF-TrFE) and P(VDF-TFE){time} ;'' and
    (e) Adding two new Technical Notes to 6A001.a.2.a to define 
``Piezoelectric polymer film'' and ``Flexible piezoelectric 
composite.''
    The Wassenaar Arrangement agreed to the revisions in ECCN 6A001 
because the original intention was not to include all kinds of semi-
rigid assemblies of discrete sensor elements, but only sensitive sensor 
elements constituting a flexible assembly and thereby making an array 
easy to handle.
    ECCN 6A002 is amended by:
    (a) Adding an N.B. to 6A002.a to state that 6A002.a includes 
``focal plane arrays'' based on microbolometer material (see 
6A002.a.3.f), and that silicon-based ``focal plane arrays'' are only 
specified under 6A002.a.3.f;
    (b) Adding a Note Bene to 6A002.a.3 to read as follows: ``N.B. 
Silicon and other material based `microbolometer' non ``space-
qualified'' ``focal plane arrays'' are only specified in 6A002.a.3.f.''
    (c) Removing paragraph (a) from Note 2 to 6A002.a.3 and 
redesignating the other paragraphs accordingly. Paragraph (a) of Note 2 
to 6A002.a.3 stated that 6A002.a.3 does not control silicon ``focal 
plane arrays'';
    (d) Adding a Note Bene to 6A002.a.3.c to read ``N.B. Silicon and 
other material based `microbolometer' non-``space-qualified'' ``focal 
plane arrays'' are only specified in 6A002.a.3.f.''
    (e) Adding paragraph 6A002.a.3.f to control non-``space-qualified'' 
non-linear (2-dimensional) infrared ``focal plane arrays'' based on 
microbolometer material having individual elements with an unfiltered 
response in the wavelength range equal to or exceeding 8,000 nm but not 
exceeding 14,000 nm; and
    (f) Adding a technical note for 6A002.a.3.f to define 
``microbolometer'' as a thermal imaging detector that, as a result of a 
temperature change in the detector caused by the absorption of infrared 
radiation, is used to generate any usable signal.
    (g) Adding a technical note for 6A002.a.3.f that specifies that 
microbolometers having any response between 8,000 nm and 14,000 nm are 
controlled.
    The amendments to ECCNs 6A002 and 6A003 (and indirectly 6E001 and 
6E002) were agreed to by the Wassenaar Arrangement because, while 
silicon infrared focal plane arrays (SIIRFPAs) are used in cameras and 
other systems for civilian fire fighting, commercial collision 
avoidance (e.g. automotive, aircraft, maritime), predictive/
preventative maintenance, and medical imaging applications, they also 
have the potential to be used in strategic military applications 
including surveillance systems, vehicle systems, soldier systems, rifle 
sights, and unmanned vehicle systems.
    The focal plane array industry is changing rapidly and needs to be 
monitored. The amendments to ECCNs 6A002 and 6A003 are subject to a 
Validity Note. Control of these items is valid until December 5, 2007. 
Renewal of controls will require unanimous consent by all Wassenaar 
Arrangement Participating States. Applying a validity note on these 
items requires Participating States to reassess the need for 
controlling these items based on technological developments and 
strategic applications.
    By interagency agreement, there are no devices that are no longer 
controlled under ECCN 6A002 as a result of these amendments that merit 
application of antiterrorism controls. Therefore, this rule does not 
amend ECCN 6A992.
    ECCN 6A003 is amended by:
    (a) Adding paragraph 6A003.b.4.a to clarify that imaging cameras 
incorporating ``focal plane arrays'' controlled by 6A002.a.3.a to 
6A002.a.3.e are controlled by 6A003.b.4.a;
    (b) Adding paragraph 6A003.b.4.b to add a control for imaging 
cameras incorporating 6A002.a.3.f--non-``space-qualified'' non-linear 
(2-dimensional) infrared ``focal plane arrays'' based on microbolometer 
material having individual elements with an unfiltered response in the 
wavelength range equal to or exceeding 8,000 nm but not exceeding 
14,000 nm;
    (c) Renumbering the existing note as Note 2 and adding Note 1 to 
6A003.b.4 to read ```Imaging cameras' described in 6A003.b.4 include 
``focal plane arrays'' combined with sufficient signal processing 
electronics, beyond the read out integrated circuit, to enable as a 
minimum the output of an analogue or digital signal once power is 
supplied.'';
    (d) Adding Note 3 to 6A003.b.4.b to explain what is not controlled 
under 6A003.b.4.b. The new note explains that ECCN 6A003.b.4.b does not 
control the following items:
    (a) Imaging cameras having a maximum frame rate equal to or less 
than 9 Hz; or
    (b) Imaging cameras having a minimum horizontal or vertical 
Instantaneous-Field-of-View (IFOV) of at least 10 mrad/pixel 
(milliradians/pixel), incorporating a fixed focal-length lens that is 
not designed to be removed, not incorporating a direct view display, 
having no facility to obtain a viewable image or designed for a single 
kind of application and designed not to be user modified; or
    (c) Imaging cameras that are specially designed for installation 
into certain civilian passenger land vehicles, and that incorporate a 
tamper-proof mechanism.
    A note to this entry states that detailed information about items 
must be provided, upon request, to the Bureau of Industry and Security 
in order to ascertain compliance with the conditions described in Note 
3.b.4. and Note 3.c. in this Note to 6A003.b.4.b. The intent of this 
note is to require exporters in Wassenaar Arrangement countries to 
provide detailed technical data, if requested by their governments, to 
assist in making licensing decisions. Such a procedure is common 
practice in the United States, and this note imposes no additional 
burden on U.S. exporters.
    Certain commodities no longer controlled under ECCN 6A003, as well 
as certain items not previously listed on the Commerce Control List, 
are controlled for antiterrorism reasons under new ECCN 6A993 for 
exports and reexports to designated terrorism-supporting countries, as 
set forth in parts 742 and 746 of the EAR and as indicated in AT Column 
1 of the Commerce Country Chart (see discussion of 6A993 below).
    The revisions to ECCNs 6A002 and 6A003 affect U.S. exporters of 
imaging cameras and non-space qualified silicon infrared focal plane 
arrays (SIIRFPAs), original equipment manufacturers who use non-space 
qualified SIIRFPAs in their products, and distributors of these 
products and technologies. Based on discussions with industry, BIS 
expects that the imposition of license requirements on systems that 
contain these non-space qualified SIIRFPAs and related software and 
technology will increase the number of Category 6 license applications 
received by BIS by more than 40 percent (i.e., 800 to 1000 
applications) over the next 6 months.
    ECCN 6A006 is amended by:
    (a) Splitting 6A006.a (Magnetometers) into three separate 
paragraphs: 6A006.a.1 to control those using superconductive (SQUID) 
technology, 6A006.a.2 those using optically pumped or nuclear 
precession (proton/Overhauser) technology, and 6A006.a.3 to control 
those using fluxgate technology;
    (b) Adding the following two characteristics for 6A006.a.1 
(magnetometers using superconductive (SQUID) technology):
    (1) 6A006.a.1.a, which are those that have SQUID systems designed 
for stationary operation with certain characteristics; and

[[Page 41099]]

    (2) 6A006.a.1.b, which are those that have SQUID systems designed 
for in-motion operation with certain characteristics;
    Note that this rule removes License Exception LVS eligibility for 
``magnetometers'' and subsystems defined in 6A006.a.1, because 
magnetometers and subsystems with these characteristics are utilized in 
military applications and 6A006.a.1 is the old 6A006.h, which is listed 
on the Wassenaar Arrangement's Sensitive List (Annex 1).
    (c) Revising the noise level (sensitivity) for magnetometers and 
subsystems defined using optically pumped or nuclear precession 
(proton/Overhauser) technology, in 6A002.a.2, from ``lower (better) 
than 0.05 nT rms per square root Hz'' to ``lower (better) than 20 
pT(rms) per square root Hz;
    Note also that this rule removes License Exception LVS eligibility 
for ``magnetometers'' and subsystems defined in 6A006.a.2 using 
optically pumped or nuclear precession (proton/Overhauser) having a 
``noise level'' (sensitivity) lower (better) than 2 pT rms per square 
root Hz, because magnetometers and subsystems with these 
characteristics are utilized in military applications and are therefore 
listed on the Wassenaar Arrangement's Sensitive List (Annex 1).
    (d) Revising the noise level (sensitivity) for magnetometers and 
subsystems using fluxgate technology, in 6A006.a.3, from ``lower 
(better) than 0.05 nT rms per square root Hz'' to ``lower (better) than 
10 pT (rms) per square root Hz at a frequency of 1 Hz;''
    (e) Redesignating 6A006.b (induction coil magnetometers) and 
6A006.c (fiber optic magnetometers) as 6A006.a.4 and 6A006.a.5;
    (f) Redesignating 6A006.d (Magnetic gradiometers), 6A006.e (Fiber 
optic intrinsic magnetic gradiometers), 6A006.f (Intrinsic magnetic 
gradiometers other than fiber optic), and 6A006.g (magnetic 
compensation systems) as 6A006.b.1, 6A006.b.2, 6A006.b.3, and 6A006.c 
respectively; and
    (g) Removing 6A006.h (Superconductive electromagnetic sensors).
    The Wassenaar Arrangement agreed to the revisions in 6A006 because 
it makes no difference what technology is used to perform a 
measurement, only the sensitivity, therefore the specific technologies 
were dropped from the control.
    Commodities no longer controlled under ECCN 6A006, and related 
technology no longer controlled under 6E001, continue to be controlled 
for antiterrorism reasons under ECCNs 6A996 and 6E991, respectively, 
for exports and reexports to designated terrorism-supporting countries, 
as set forth in parts 742 and 746 of the EAR and as indicated in AT 
Column 1 of the Commerce Country Chart.
    ECCN 6A993 is added to EAR to control for antiterrorism (AT) 
reasons imaging cameras no longer controlled under 6A003.b.4.b (see 
Note 3 to 6A003.b.4.b). ECCN 6A993 also captures certain cameras that 
previously were not controlled on the CCL such as cameras incorporating 
microbolometers made from amorphous silicon or thermopiles that fall 
below the control thresholds for 6A003. The effect of adding this entry 
is to require a license to export or reexport certain low performance 
thermal imaging cameras to those countries determined by the Department 
of State to have provided support for international terrorism.
    ECCN 6A996 is amended by revising the entry to include not only 
magnetometers, but also superconductive electromagnetic sensors 
formerly controlled for NS reasons in 6A006.h.
    ECCNs 6E001 and 6E002 are amended by:
    (a) Removing License Exception TSR eligibility for exports or 
reexports of 6A001.a.1.b.1 (Object detection or location systems) to 
destinations outside of Austria, Belgium, Canada, Denmark, Finland, 
France, Germany, Greece, Ireland, Italy, Japan, Luxembourg, the 
Netherlands, Portugal, Spain, Sweden, or the United Kingdom, because 
6A001.a.1.b.1 is listed on the Wassenaar Arrangement's Annex 2 (Very 
Sensitive List).
    (b) Replacing 6A001.a.2.a.3 with 6A001.a.2.a.4, and adding 
6A001.a.2.a.6 to the list of ineligible commodities under License 
Exception TSR, because of the redesignation of paragraphs in 
6A001.a.2.a and because these paragraphs are listed on the Wassenaar 
Arrangement's Annex 2 (Very Sensitive List).
    ECCN 6E003 is amended by removing ECCN 6E003.f (Technology required 
for the development or production of non-triaxial fluxgate 
magnetometers or non-triaxial fluxgate magnetometer systems), to 
conform with a similar change on the Wassenaar Arrangement list. 
Technology no longer controlled under ECCN 6E003 continues to be 
controlled for antiterrorism reasons under ECCN 6E993 for exports and 
reexports to designated terrorism-supporting countries, as set forth in 
parts 742 and 746 of the EAR and as indicated in AT Column 1 of the 
Commerce Country Chart.
    ECCN 6E991 is amended by making an editorial correction to the 
heading, i.e., revising the phrase ``or use equipment'' to read ``or 
use of equipment.''
    ECCN 6E993 is amended by:
    (a) Revising the ``heading'' to include the phrase ``as follows 
(see List of Items Controlled)'' to clarify that 6E993 only controls 
the technology in the List of Items Controlled;
    (b) Adding a new paragraph 6E993.c to control technology for the 
development or production of cameras controlled by 6A993, i.e., those 
cameras decontrolled by Note 3 to 6A003.b.4.b; and
    (c) Adding a new paragraph 6E993.d (formally 6E003.f) to control 
technology required for the development or production of non-triaxial 
fluxgate magnetometers or non-triaxial fluxgate magnetometer systems.
    Because technology entries generally directly correspond to 
commodity entries, the shift of commodities from NS-controlled entries 
to AT-controlled entries (e.g., 6A003 to 6A993) necessitates a 
corresponding shift in technology controls (e.g., 6E003 to 6E993).

Category 7--Navigation and Avionics

    ECCN 7A002 (Gyros, and angular or rotational accelerometers) is 
amended by:
    (a) Revising the time frame in which drift rate stability is 
measured from ``over a period of three months'' to ``over a period of 
one month'' in 7A002.a;
    (b) Revising the linear acceleration level from ``below 10 g'' to 
``below 12 g'' in 7A002.a.1;
    (c) Revising the linear acceleration level from ``from 10 g to 100 
g'' to ``from 12 g to 100 g'' in 7A002.a.2;
    (d) Redesignating 7A002.b as 7A002.c; and
    (e) Adding a new control parameter in new paragraph 7A002.b (angle 
random walk in degree per square root hour), including a Note 
describing that 7A002.b does not control spinning mass gyros, and a 
Technical Note defining ``angle random walk''. This rule also revises 
the MT control in the License Requirements section to exempt the newly 
added 7A002.b from MT controls, as this is not a control parameter for 
gyros on the Missile Technology Control Regime Annex.
    The amendments to 7A002.a and the addition of 7A002.b were agreed 
to by the Wassenaar Arrangement, because 7A002.a only addressed 
gyroscopes with long-term stability, mainly used for spacecraft, 
vessels and submersibles. The current control did not adequately 
address gyroscopes with short-term

[[Page 41100]]

stability that are used for aircraft, land vehicles, rockets and 
tactical missiles. This rule revises 7A002.a and adds new parameters in 
7A002.b to address highly accurate gyroscopes necessary to meet the 
existing inertial system's parameters in 7A003.a. and 7A003.c.1.
    ECCN 7A007 is removed and the direction finding equipment is now 
controlled under ECCN 5A001.e. This amendment is explained in the 
description of amendments to Category 5 in paragraph (b) above.

Category 8--Marine

    ECCN 8A002 is amended by removing the term ``stored program 
controlled'' from 8A002.h, 8A002.i.2, and the Note following 8A002.i.2. 
This term is removed because most equipment is computer controlled now 
and the term no longer adds any value to the control.

Category 9--Propulsion Systems, Space Vehicles and Related Equipment

    ECCN 9A001 is amended by:
    (a) Revising the heading to make it more general, so that the 
parameter in the heading could be placed in a new paragraph 9A001.a;
    (b) Moving old 9A001.a. and 9A001.b to the new Note to 9A001.a; and
    (c) Redesignating 9A001.c (aero gas turbine engines that are 
designed to power an aircraft designed to cruise at Mach 1 or higher 
for more than 30 minutes) as 9A001.b.
    The Wassenaar Arrangement agreed to the revisions in ECCN 9A001 
because it was unclear whether the certification referred to in 9A001 
had to be done by aviation authorities in a Wassenaar Participating 
State or whether the certification could be done by aviation 
authorities in any country, including rogue countries who could evade 
the Wassenaar controls by issuing civil certification for aircraft that 
would never be considered acceptable by a Wassenaar Participating 
State.

Section 740.7--License Exception Computers (CTP)

    This rule raises the Composite Theoretical Performance (CTP) 
eligibility limit from 75,000 MTOPS to 190,000 MTOPS for deemed exports 
of computer technology and source code to foreign nationals of Computer 
Tier 3 destinations, because doing so will assist the computer industry 
in the area of research and development to advance computer technology, 
and because it will not adversely affect the national security of the 
United States. Certain deemed exports to Computer Tier 3 foreign 
nationals are subject to a Foreign National Review requirement.
    Digital computers capable of either 75,000 or 190,000 MTOPS are 
becoming more common. The Wassenaar Arrangement (WA) recognized this 
with its decontrol of hardware to 190,000 MTOPS. Most of the multi-
processor computer servers sold in this range are for commercial 
applications. It is for these reasons that WA removed computer 
technology and software from the Annex 2 (Very Sensitive List), raised 
the Annex 1 (Sensitive List) threshold from ``150,000 MTOPS'' to 
``190,000 MTOPS,'' and raised the control threshold under ECCNs 4D001 
and 4E001 from ``33,000 MTOPS'' to ``75,000 MTOPS.''
    Generally, Wassenaar Arrangement countries do not have in-country 
transfer controls (deemed export controls), with the exception of 
classified material. A deemed export is any release of technology or 
source code subject to the EAR to a foreign national within the United 
States. Such release is deemed to be an export to the home country or 
countries of the foreign national. The deemed export rule does not 
apply to persons lawfully admitted for permanent residence in the 
United States and does not apply to persons who are protected 
individuals under the Immigration and Naturalization Act (8 U.S.C. 
1324b(a)(3)). Deemed export license applications for foreign nationals 
with dual citizenship should be based on the most recently obtained 
country citizenship. Applications for foreign nationals with temporary 
or permanent residence status of a third country (i.e., non-U.S. and a 
temporary or permanent residence status other than a foreign national's 
country of origin) should be based on the foreign national's country of 
citizenship.
    Because the United States is one of the only Wassenaar Arrangement 
member countries to implement deemed export controls, U.S. industry has 
been required to obtain license authorization for these deemed exports 
when other Wassenaar Arrangement member countries have not imposed such 
controls on their industries. Expanding the availability of a License 
Exception for deemed exports of computer technology and source code 
provides relief from licensing burdens for U.S. industry and levels the 
playing field in global competition. BIS agrees with the analysis of WA 
and has decided that the expansion of license exception availability 
under the technology parameters set forth above will not have an 
adverse impact on the U.S. national security, and will assist in 
strengthening the U.S. national security through advancements in 
computer technology.

Section 740.11 and Supplement No. 1 to Part 740.11--License Exception 
GOV

    The Wassenaar Arrangement agreed to remove computer technology and 
software from the Annex 2 (Very Sensitive List) for reasons stated in a 
note under Category 4 above. Therefore, this rule removes the 
restrictions for computer software classified under ECCN 4D001 and 
computer technology under ECCN 4E001 under License Exception GOV for: 
(1) The official use of any agency of a cooperating government within 
the territory of any cooperating government; (2) the official use of a 
diplomatic or consular mission of a cooperating government located in 
any country in Country Group B (see Supplement No. 1 to part 740); and 
(3) the official international safeguard use of the International 
Atomic Energy Agency (IAEA) and the European Atomic Energy Community 
(Euratom). However, the access of computer restriction by nationals of 
countries in Country Group E:1 will be retained in a new paragraph 
740.11(a)(4).
    In addition, this rule removes computers from the list of items 
excluded from eligibility under License Exception GOV to the 
Organization for Prohibition of Chemical Weapons (OPCW). However, the 
access of computer restriction by nationals of countries in Country 
Group E:1 will be retained in a new paragraph 740.11(c)(4).
    1. Section 740.11 is amended by removing and reserving paragraphs 
(a)(2)(ii), (a)(2)(iii), and (a)(2)(vi)(A). In addition, the Note to 
740.11(a)(2)(iii) is removed.
    2. Supplement No. 1 to 740.11 is amended by removing and reserving 
paragraphs (a)(1)(vi)(A), (a)(1)(vii)(B), (b)(1)(vi)(A), and 
(b)(1)(vii)(B).
    Because of the redesignation of the paragraphs in 6A001.a.2, 
concerning hydrophones, the following corresponding revisions were made 
to section 740.11 and Supplement No. 1 to section 740.11 to ensure that 
all cross-references are accurate:
    1. Section 740.11 is amended by revising paragraph (a)(2), and
    2. Supplement No. 1 to 740.11 is amended by revising paragraphs 
(a)(1), (a)(1)(vii)(D), (a)(1)(vii)(E), (b)(1), (b)(1)(vii)(D), and 
(b)(1)(vii)(E).

Section 742.12 ``High Performance Computers''

    Section 742.12 is amended by revising the phrase ``greater than 
75,000 MTOPS.'' to read ``greater than 190,000 MTOPS.'' in paragraph 
(a)(3), to harmonize the CTP value in this paragraph with the Wassenaar 
reporting requirement in 743.1(c)(2).

[[Page 41101]]

Section 743.1 ``Wassenaar Arrangement''

    Section 743.1 is amended by revising the phrase ``having a CTP 
exceeding 75,000 MTOPS.'' to read ``having a CTP exceeding 190,000 
MTOPS.'' in paragraph (c)(2), because the Wassenaar Arrangement agreed 
to raise the threshold to 190,000 MTOPS in the Sensitive List (Annex 
1).

Definitions in Part 772

    ``Allocated by the ITU'' has been amended by revising which ITU 
Radio Regulations should be consulted for the allocation of frequency 
bands, from ``edition 1998'' to ``current edition of the'' ITU Radio 
Regulations.
    ``Stored program controlled'' was removed from the Wassenaar 
Arrangement's definitions because most equipment is computer controlled 
now and the term no longer adds any value to the control, therefore the 
term has been removed from many paragraphs in the CCL. However, BIS 
will retain this definition in part 772, because the term is still used 
in some ECCNs controlled for anti-terrorism reasons, e.g., ECCNs 3B991, 
4B994, and 5A991, and to remove the term from these entries would allow 
the rare instance of manually controlled equipment to be used in 
nefarious ways.
    Although the Export Administration Act expired on August 20, 2001, 
Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp., p. 783 
(2002)), as extended by the Notice of August 6, 2004, 69 FR 48763 
(August 10, 2004) continues the Regulations in effect under the 
International Emergency Economic Powers Act.

Saving Clause

    Shipments of items removed from license exception eligibility or 
eligibility for export without a license 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 
August 15, 2005, pursuant to actual orders for export to a foreign 
destination, may proceed to that destination under the previous license 
exception eligibility or without a license so long as they have been 
exported from the United States before September 13, 2005. Any such 
items not actually exported before midnight, on September 13, 2005, 
require a license in accordance with this regulation.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information, subject to the 
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.) (PRA), unless that collection of information displays a currently 
valid Office of Management and Budget (OMB) Control Number. This rule 
involves two collections of information subject to the PRA. One of the 
collections has been approved by OMB under control number 0694-0088, 
``Multi-Purpose Application,'' and carries a burden hour estimate of 58 
minutes for a manual or electronic submission. The other of the 
collections has been approved by OMB under control number 0694-0106, 
``Reporting and Recordkeeping Requirements under the Wassenaar 
Arrangement,'' and carries a burden hour estimate of 21 minutes for a 
manual or electronic submission. Send comments regarding these burden 
estimates or any other aspect of these collections of information, 
including suggestions for reducing the burden, to OMB Desk Officer, New 
Executive Office Building, Washington, DC 20503; and to the Office of 
Administration, Bureau of Industry and Security, Department of 
Commerce, 14th and Pennsylvania Avenue, NW., Room 6883, Washington, DC 
20230.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 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, Reporting and 
recordkeeping requirements.

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 743

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.


0
Accordingly, parts 740, 742, 743, 772 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 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 6, 2004, 69 FR 48763 (August 10, 2004).


Sec.  740.7  [Amended]

0
2. Section 740.7 is amended by revising the phrase ``with a CTP less 
than or equal to 75,000 MTOPS are eligible for deemed exports under 
License Exception CTP to foreign nationals of Tier 3 destinations'' to 
read ``with a CTP less than or equal to 190,000 MTOPS are eligible for 
deemed exports under License Exception CTP to foreign nationals of Tier 
3 destinations'' in paragraph (d)(3).

0
3. Section 740.11 is amended by:
0
(a) Revising paragraph (a)(2) introductory text as set forth below;
0
(b) Removing and reserving paragraphs (a)(2)(ii), (a)(2)(iii), 
(a)(2)(vi)(A), and (c)(2)(i);
0
(c) Removing the Note to 740.11(a)(2)(iii); and
0
(d) Adding two new paragraphs (a)(4) and (c)(4) to read as follows:


Sec.  740.11  Governments, international organizations, and 
international inspections under the Chemical Weapons Convention (GOV).

* * * * *
    (a) * * *
    (2) The following items controlled for national security (NS) 
reasons under

[[Page 41102]]

Export Control Classification Numbers (ECCNs) identified on the 
Commerce Control List may not be exported or reexported under this 
License Exception to destinations other than Austria, Belgium, Canada, 
Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, 
the Netherlands, Portugal, Spain, Sweden, and the United Kingdom: 
1C001, 5A001.b.5, 6A001.a.1.b.1 object detection and location systems 
having a sound pressure level exceeding 210 dB (reference 1 [mu]Pa at 1 
m) for equipment with an operating frequency in the band from 30 Hz to 
2 kHz inclusive, 6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.3, 
6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b, 6A001.a.2.e, 6A002.a.1.c, 
6A008.l.3, 6B008, 8A001.b, 8A001.d, 8A002.o.3.b; and
* * * * *
    (4) Restrictions. Nationals of countries in Country Group E:1 may 
not physically or computationally access computers that have been 
enhanced by ``electronic assemblies'', which have been exported or 
reexported under License Exception GOV and have been used to enhance 
such computers by aggregation of ``computing elements'' so that the CTP 
of the aggregation exceeds the CTP parameter set forth in ECCN 4A003.b. 
of the Commerce Control List in Supplement No. 1 to part 774 of the 
EAR, without prior authorization from the Bureau of Industry and 
Security.
* * * * *
    (c) * * *
    (4) Restrictions. Nationals of countries in Country Group E:1 may 
not physically or computationally access computers that have been 
enhanced by ``electronic assemblies'', which have been exported or 
reexported under License Exception GOV and have been used to enhance 
such computers by aggregation of ``computing elements'' so that the CTP 
of the aggregation exceeds the CTP parameter set forth in ECCN 4A003.b. 
of the Commerce Control List in Supplement No. 1 to part 774 of the 
EAR, without prior authorization from the Bureau of Industry and 
Security.

0
4. Supplement No. 1 to 740.11 is amended by:
0
a. Removing and reserving paragraphs (a)(1)(vi)(A), (a)(1)(vii)(B), 
(b)(1)(vi)(A), and (b)(1)(vii)(B); and
0
b. Revising paragraphs (a)(1) introductory text, (a)(1)(vii)(D), 
(a)(1)(vii)(E)(b)(1) introductory text, (b)(1)(vii)(D), and 
(b)(1)(vii)(E), to read as follows:

Supplement No. 1 to Sec.  740.11--Additional Restrictions on Use of 
License Exception Gov

    (a) * * *
    (1) Items identified on the Commerce Control List as controlled 
for national security (NS) reasons under Export Control 
Classification Numbers (ECCNs) as follows for export or reexport to 
destinations other than Austria, Belgium, Canada, Denmark, Finland, 
France, Germany, Greece, Ireland, Italy, Luxembourg, the 
Netherlands, Portugal, Spain, Sweden, or the United Kingdom: 1C001, 
5A001.b.5, 6A001.a.1.b.1 object detection and location systems 
having a sound pressure level exceeding 210 dB (reference 1 [mu]Pa 
at 1 m) for equipment with an operating frequency in the band from 
30 Hz to 2 kHz inclusive, 6A001.a.2.a.1, 6A001.a.2.a.2, 
6A001.a.2.a.3, 6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b, 
6A001.a.2.e, 6A002.a.1.c, 6A008.1.3, 6B008, 8A001.b, 8A001.d, 
8A002.o.3.b; and
* * * * *
    (vii) * * *
    (D) Controlled by 6E001 for the ``development'' of equipment or 
``software'' in 6A001.a.1.b.1, 6A001.a.2.a.1, 6A001.a.2.a.2, 
6A001.a.2.a.3, 6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b, 
6A001.a.2.c, 6A001.a.2.e, 6A001.a.2.f, 6A002.a.1.c, 6A008.1.3, or 
6B008, as described in paragraph (a)(1) of this Supplement; and
    (E) Controlled by 6E002 for the ``production'' of equipment 
controlled by 6A001.a.1.b.1, 6A001.a.2.a.1, 6A001.a.2.a.2, 
6A001.a.2.a.3, 6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b, 
6A001.a.2.c, 6A001.a.2.e, 6A001.a.2.f, 6A002.a.1.c, 6A008.1.3, or 
6B008, as described in paragraph (a)(1) of this Supplement; and
* * * * *
    (b) * * *
    (1) Items identified on the Commerce Control List as controlled 
for national security (NS) reasons under Export Control 
Classification Numbers (ECCNs) as follows for export or reexport to 
destinations other than Austria, Belgium, Canada, Denmark, Finland, 
France, Germany, Greece, Ireland, Italy, Luxembourg, the 
Netherlands, Portugal, Spain, Sweden, or the United Kingdom: 1C001, 
5A001.b.5, 6A001.a.1.b.1 object detection and location systems 
having a sound pressure level exceeding 210 dB (reference 1 [mu]Pa 
at 1 m) for equipment with an operating frequency in the band from 
30 Hz to 2 kHz inclusive, 6A001.a.2.a.1, 6A001.a.2.a.2, 
6A001.a.2.a.3, 6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b, 
6A001.a.2.e, 6A002.a.1.c, 6A008.1.3, 6B008, 8A001.b, 8A001.d, 
8A002.o.3.b; and
* * * * *
    (vii) * * *
    (D) Controlled by 6E001 for the ``development'' of equipment or 
``software'' in 6A001.a.1.b.1, 6A001.a.2.a.1, 6A001.a.2.a.2, 
6A001.a.2.a.3, 6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b, 
6A001.a.2.c, 6A001.a.2.e, 6A001.a.2.f, 6A002.a.1.c, 6A008.1.3, or 
6B008, as described in paragraph (a)(1) of this supplement; and
    (E) Controlled by 6E002 for the ``production'' of equipment 
controlled by 6A001.a.1.b.1, 6A001.a.2.a.1, 6A001.a.2.a.2, 
6A001.a.2.a.3, 6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b, 
6A001.a.2.c, 6A001.a.2.e, 6A001.a.2.f, 6A002.a.1.c, 6A008.l.3, or 
6B008, as described in paragraph (a)(1) of this Supplement; and
* * * * *

PART 742--[AMENDED]

0
5. The authority citation for part 742 is revised 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; Sec 1503, 
Pub.L. 108-11,117 Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 
Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; 
E.O. 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; Presidential Determination 2003-23 of May 7, 
2003, 68 FR 26459, 3 CFR, 2003 Comp., p. 320; Notice of August 6, 
2004, 69 FR 48763, 3 CFR, 2004 Comp., p. 284; Notice of November 4, 
2004, 69 FR 64637, 3 CFR, 2004 Comp., p. 303.


Sec.  742.12  [Amended]

0
6. Section 742.12 is amended by revising the phrase ``greater than 
75,000 MTOPS.'' to read ``greater than 190,000 MTOPS.'' in paragraph 
(a)(3).

PART 743--[AMENDED]

0
7. The authority citation for part 743 is revised to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; Pub. L. 106-508; 50 
U.S.C. 1701 et seq.; E.O. 13206, 66 FR 18397, 3 CFR, 2001 Comp., p. 
763.


Sec.  743.1  [Amended]

0
8. Section 743.1 is amended by revising the phrase ``having a CTP 
exceeding 75,000 MTOPS.'' to read ``having a CTP exceeding 190,000 
MTOPS.'' in paragraph (c)(2).

Supplement No. 1 to Part 743 [Amended]

0
9. Supplement No. 1 to part 743 is amended by adding ``Slovenia'' in 
alphabetical order after ``Slovakia'' and before ``South Korea''.

PART 772--[AMENDED]

0
10. The authority citation for part 772 is revised to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
6, 2004, 69 FR 48763, 3 CFR, 2004 Comp., p. 284.


0
11. Section 772.1 is amended by revising the definition of ``Allocated 
by the ITU'', to read as follows.


Sec.  772.1  Definitions of terms as used in the Export Administration 
Regulations (EAR).

* * * * *

[[Page 41103]]

    Allocated by the ITU. (Cat 3 and Cat 5 part 1)--The allocation of 
frequency bands according to the current edition of the ITU Radio 
Regulations for primary, permitted and secondary services.

    N.B. Additional and alternative allocations are not included.
* * * * *

PART 774--[AMENDED]

0
12. The authority citation for part 774 is revised 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 6, 2004, 69 FR 48763, 3 CFR, 2004 Comp., p. 284.

Supplement No. 1 to Part 774 [Amended]

0
13. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, Microorganisms, and Toxins, Export 
Control Classification Number (ECCN) 1C008 is amended by revising the 
``items'' paragraph in the List of Items Controlled section, to read as 
follows:

1C008 Non-Fluorinated Polymeric Substances, as Follows (See List of 
Items Controlled)
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Non-fluorinated polymeric substances, as follows:
    a.1. Bismaleimides;
    a.2. Aromatic polyamide-imides;
    a.3. Aromatic polyimides;
    a.4. Aromatic polyetherimides having a glass transition 
temperature (Tg) exceeding 513K (240 [deg]C).

    Note: 1C008.a does not control non-fusible compression molding 
powders or molded forms.

    b. Thermoplastic liquid crystal copolymers having a heat 
distortion temperature exceeding 523 K (250 [deg]C) measured 
according to ISO 75-3 (2004), or national equivalents, with a load 
of 1.82 N/mm \2\ and composed of:
    b.1. Any of the following:
    b.1.a. Phenylene, biphenylene or naphthalene; or
    b.1.b. Methyl, tertiary-butyl or phenyl substituted phenylene, 
biphenylene or naphthalene; and
    b.2. Any of the following acids:
    b.2.a. Terephthalic acid;
    b.2.b. 6-hydroxy-2 naphthoic acid; or
    b.2.c. 4-hydroxybenzoic acid;
    c. Polyarylene ether ketones, as follows:
    c.1. Polyether ether ketone (PEEK)
    c.2. Polyether ketone ketone (PEKK);
    c.3. Polyether ketone (PEK);
    c.4. Polyether ketone ether ketone ketone (PEKEKK);
    d. Polyarylene ketones;
    e. Polyarylene sulphides, where the arylene group is 
biphenylene, triphenylene or combinations thereof;
    f. Polybiphenylenethersulphone having a glass transition 
temperature (Tg) exceeding 513 K (240 [deg]C).

    Technical Note: The glass transition temperature (Tg) 
for 1C008 materials is determined using the method described in ISO 
11357-2 (1999) or national equivalents.


0
14. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Product Group B ``Test, Inspection 
and Production Equipment'', following ECCN 2A999, the ``Technical Notes 
for 2B001 to 2B009'' are revised to read as follows:

Category 2--Material Processing

B. Test, Inspection and Production Equipment

    Technical Notes for 2B001 to 2B009:
    1. Secondary parallel contouring axes, (e.g., the w-axis on 
horizontal boring mills or a secondary rotary axis the center line 
of which is parallel to the primary rotary axis) are not counted in 
the total number of contouring axes. Rotary axes need not rotate 
over 360[deg]. A rotary axis can be driven by a linear device (e.g., 
a screw or a rack-and-pinion).
    2. The number of axes which can be co-ordinated simultaneously 
for ``contouring control'' is the number of axes along or around 
which, during processing of the workpiece, simultaneous and 
interrelated motions are performed between the workpiece and a tool. 
This does not include any additional axes along or around which 
other relative motions within the machine are performed, such as:
    2.a. Wheel-dressing systems in grinding machines;
    2.b. Parallel rotary axes designed for mounting of separate 
workpieces;
    2.c. Co-linear rotary axes designed for manipulating the same 
workpiece by holding it in a chuck from different ends.
    3. Axis nomenclature shall be in accordance with International 
Standard ISO 841, ``Numerical Control Machines--Axis and Motion 
Nomenclature'.
    4. A ``tilting spindle'' is counted as a rotary axis.
    5. Guaranteed ``positioning accuracy'' levels instead of 
individual test protocols may be used for each machine tool model 
using the agreed ISO test procedure.
    6. The positioning accuracy of ``numerically controlled'' 
machine tools is to be determined and presented in accordance with 
ISO 230/2 (1988).


0
15. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B001 is amended by revising the License Requirements section, 
and the ``items'' paragraph in the List of Items Controlled section to 
read as follows:

2B001 Machine tools and any combination thereof, for removing (or 
cutting) metals, ceramics or ``composites'', which, according to the 
manufacturer's technical specifications, can be equipped with 
electronic devices for ``numerical control''; and specially designed 
components (see List of Items Controlled).

License Requirements

    Reason for Control: NS, NP, AT.

------------------------------------------------------------------------
               Control(s)                          Country chart
------------------------------------------------------------------------
NS applies to entire entry..............  NS Column 2.
NP applies to 2B001.a, .b, .c, and .d,    NP Column 1.
 EXCEPT: (1) turning machines under
 2B001.a with a capacity equal to or
 less than 35 mm diameter; (2) bar
 machines (Swissturn), limited to
 machining only bar feed through, if
 maximum bar diameter is equal to or
 less than 42 mm and there is no
 capability of mounting chucks.
 (Machines may have drilling and/or
 milling capabilities for machining
 parts with diameters less than 42 mm);
 or (3) milling machines under 2B001.b.
 with x-axis travel greater than two
 meters and overall ``positioning
 accuracy'' on the x-axis more (worse)
 than 0.030 mm.
AT applies to entire entry..............  AT Column 1.
------------------------------------------------------------------------

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:

    Note 1: 2B001 does not control special purpose machine tools 
limited to the manufacture of gears. For such machines, see 2B003.


    Note 2: 2B001 does not control special purpose machine tools 
limited to the manufacture of any of the following parts:

    a. Crank shafts or cam shafts;
    b. Tools or cutters;
    c. Extruder worms;

[[Page 41104]]

    d. Engraved or faceted jewelry parts.

    Note 3: A machine tool having at least two of the three turning, 
milling or grinding capabilities (e.g., a turning machine with 
milling capability), must be evaluated against each applicable entry 
2.B001.a., b. or c.

    a. Machine tools for turning, having all of the following 
characteristics:
    a.1. Positioning accuracy with ``all compensations available'' 
of less (better) than 6 [mu]m along any linear axis; and
    a.2. Two or more axes which can be coordinated simultaneously 
for ``contouring control'';

    Note: 2B001.a does not control turning machines specially 
designed for the production of contact lenses.

    b. Machine tools for milling, having any of the following 
characteristics:
    b.1. Having all of the following:
    b.1.a. Positioning accuracy with ``all compensations available'' 
of less (better) than 6 [mu]m along any linear axis; and
    b.1.b. Three linear axes plus one rotary axis which can be 
coordinated simultaneously for ``contouring control'';
    b.2. Five or more axes which can be coordinated simultaneously 
for ``contouring control'';
    b.3. A positioning accuracy for jig boring machines, with ``all 
compensations available'', of less (better) than 4 [mu]m along any 
linear axis; or
    b.4. Fly cutting machines, having all of the following 
characteristics:
    b.4.a. Spindle ``run-out'' and ``camming'' less (better) than 
0.0004 mm TIR; and
    b.4.b. Angular deviation of slide movement (yaw, pitch and roll) 
less (better) than 2 seconds of arc, TIR, over 300 mm of travel.
    c. Machine tools for grinding, having any of the following 
characteristics:
    c.1. Having all of the following:
    c.1.a. Positioning accuracy with ``all compensations available'' 
of less (better) than 4 [mu]m along any linear axis; and
    c.1.b. Three or more axes which can be coordinated 
simultaneously for ``contouring control''; or
    c.2. Five or more axes which can be coordinated simultaneously 
for ``contouring control'';

    Notes: 2B001.c does not control grinding machines, as follows:

    1. Cylindrical external, internal, and external-internal 
grinding machines having all the following characteristics:
    a. Limited to cylindrical grinding; and
    b. Limited to a maximum workpiece capacity of 150 mm outside 
diameter or length.
    2. Machines designed specifically as jig grinders that do not 
have a z-axis or a w-axis, with a positioning accuracy with ``all 
compensations available'' less (better) than 4 [mu]m.
    3. Surface grinders.
    d. Electrical discharge machines (EDM) of the non-wire type 
which have two or more rotary axes which can be coordinated 
simultaneously for ``contouring control'';
    e. Machine tools for removing metals, ceramics or ``composites'' 
having all of the following characteristics:
    e.1. Removing material by means of any of the following:
    e.1.a. Water or other liquid jets, including those employing 
abrasive additives;
    e.1.b. Electron beam; or
    e.1.c. ``Laser'' beam; and
    e.2. Having two or more rotary axes which:
    e.2.a. Can be coordinated simultaneously for ``contouring 
control''; and
    e.2.b. Have a positioning accuracy of less (better) than 
0.003[deg];
    f. Deep-hole-drilling machines and turning machines modified for 
deep-hole-drilling, having a maximum depth-of-bore capability 
exceeding 5,000 mm and specially designed components therefor.


0
16. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B005 is amended by revising the ``items'' paragraph in the List 
of Items Controlled section to read as follows:

2B005 Equipment specially designed for the deposition, processing 
and in-process control of inorganic overlays, coatings and surface 
modifications, as follows, for non-electronic substrates, by 
processes shown in the Table and associated Notes following 2E003.f, 
and specially designed automated handling, positioning, manipulation 
and control components therefor.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Chemical vapor deposition (CVD) production equipment having 
all of the following:
    a.1. Process modified for one of the following:
    a.1.a. Pulsating CVD;
    a.1.b. Controlled nucleation thermal deposition (CNTD); or
    a.1.c. Plasma enhanced or plasma assisted CVD; and
    a.2. Any of the following:
    a.2.a. Incorporating high vacuum (equal to or less than 0.01 Pa) 
rotating seals; or
    a.2.b. Incorporating in situ coating thickness control;
    b. Ion implantation production equipment having beam currents of 
5 mA or more;
    c. Electron beam physical vapor (EB-PVD) production equipment 
incorporating power systems rated for over 80 kW, having any of the 
following:
    c.1. A liquid pool level ``laser'' control system which 
regulates precisely the ingots feed rate; or
    c.2. A computer controlled rate monitor operating on the 
principle of photo-luminescence of the ionized atoms in the 
evaporant stream to control the deposition rate of a coating 
containing two or more elements;
    d. Plasma spraying production equipment having any of the 
following characteristics:
    d.1. Operating at reduced pressure controlled atmosphere (equal 
or less than 10 kPa measured above and within 300 mm of the gun 
nozzle exit) in a vacuum chamber capable of evacuation down to 0.01 
Pa prior to the spraying process; or
    d.2. Incorporating in situ coating thickness control;
    e. Sputter deposition production equipment capable of current 
densities of 0.1 mA/mm2 or higher at a deposition rate 15 
[mu]m/h or more;
    f. Cathodic arc deposition equipment incorporating a grid of 
electromagnets for steering control of the arc spot on the cathode;
    g. Ion plating production equipment allowing for the in situ 
measurement of any of the following:
    g.1. Coating thickness on the substrate and rate control; or
    g.2. Optical characteristics.


0
17. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B006 is amended by revising the ``items'' paragraph in the List 
of Items Controlled section to read as follows:

2B006 Dimensional inspection or measuring systems and equipment, as 
follows (see List of Items Controlled).

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Computer controlled or ``numerically controlled'' co-ordinate 
measuring machines (CMM), having a three dimensional length 
(volumetric) maximum permissible error of indication 
(MPEE) at any point within the operating range of the 
machine (i.e., within the length of axes) equal to or less (better) 
than (1.7 + L/1,000) [mu]m (L is the measured length in mm) tested 
according to ISO 10360-2 (2001);
    b. Linear and angular displacement measuring instruments, as 
follows:
    b.1. Linear displacement measuring instruments having any of the 
following:

    Technical Note: For the purpose of 2B006.b.1 ``linear 
displacement'' means the change of distance between the measuring 
probe and the measured object.

    b.1.a. Non-contact type measuring systems with a ``resolution'' 
equal to or less (better) than 0.2 [mu]m within a measuring range up 
to 0.2 mm;
    b.1.b. Linear voltage differential transformer systems having 
all of the following characteristics:
    b.1.b.1. ``Linearity'' equal to or less (better) than 0.1% 
within a measuring range up to 5 mm; and
    b.1.b.2. Drift equal to or less (better) than 0.1% per day at a 
standard ambient test room temperature 1 K; or
    b.1.c. Measuring systems having all of the following:
    b.1.c.1. Containing a ``laser''; and
    b.1.c.2. Maintaining, for at least 12 hours, over a temperature 
range of 1 K around a standard temperature and at a 
standard pressure, all of the following:
    b.1.c.2.a. A ``resolution'' over their full scale of 0.1 [mu]m 
or less (better); and
    b.1.c.2.b. A ``measurement uncertainty'' equal to or less 
(better) than (0.2 + L/2,000) [mu]m (L is the measured length in 
mm);


[[Page 41105]]


    Note: 2B006.b.1 does not control measuring interferometer 
systems, without closed or open loop feedback, containing a 
``laser'' to measure slide movement errors of machine-tools, 
dimensional inspection machines or similar equipment.

    b.2. Angular displacement measuring instruments having an 
``angular position deviation'' equal to or less (better) than 
0.00025[deg];

    Note: 2B006.b.2 does not control optical instruments, such as 
autocollimators, using collimated light (e.g., laser light) to 
detect angular displacement of a mirror.

    c. Equipment for measuring surface irregularities, by measuring 
optical scatter as a function of angle, with a sensitivity of 0.5 nm 
or less (better).


0
18. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B201 is amended by revising the ``items'' paragraph in the List 
of Items Controlled section to read as follows:

2B201 Machine tools, other than those controlled by 2B001, for 
removing or cutting metals, ceramics or ``composites'', which, 
according to manufacturer's technical specifications, can be 
equipped with electronic devices for simultaneous ``contouring 
control'' in two or more axes.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Machine tools for turning, that have ``positioning 
accuracies'' with all compensations available better (less) than 6 
[mu]m according to ISO 230/2 (1988) along any linear axis (overall 
positioning) for machines capable of machining diameters greater 
than 35 mm;

    Note: Item 2B201.a. does not control bar machines (Swissturn), 
limited to machining only bar feed thru, if maximum bar diameter is 
equal to or less than 42 mm and there is no capability of mounting 
chucks. Machines may have drilling and/or milling capabilities for 
machining parts with diameters less than 42 mm.

    b. Machine tools for milling, having any of the following 
characteristics:
    b.1. Positioning accuracies with ``all compensations available'' 
equal to or less (better) than 6 [mu]m along any linear axis 
(overall positioning); or
    b.2. Two or more contouring rotary axes.

    Note: 2B201.b does not control milling machines having the 
following characteristics:

    a. X-axis travel greater than 2 m; and
    b. Overall positioning accuracy on the x-axis more (worse) than 
30 [mu]m.
    c. Machine tools for grinding, having any of the following 
characteristics:
    c.1. Positioning accuracies with ``all compensations available'' 
equal to or less (better) than 4 [mu]m along any linear axis 
(overall positioning); or
    c.2. Two or more contouring rotary axes.

    Note: 2B201.c does not control the following grinding machines:

    a. Cylindrical external, internal, and external-internal 
grinding machines having all of the following characteristics:
    1. Limited to cylindrical grinding;
    2. A maximum workpiece outside diameter or length of 150 mm;
    3. Not more than two axes that can be coordinated simultaneously 
for ``contouring control''; and
    4. No contouring c-axis.
    b. Jig grinders with axes limited to x, y, c and a where c axis 
is used to maintain the grinding wheel normal to the work surface, 
and the a axis is configured to grind barrel cams;
    c. Tool or cutter grinding machines with ``software'' specially 
designed for the production of tools or cutters; or
    d. Crankshaft or camshaft grinding machines.


0
19. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A001 is amended by revising the ``items'' paragraphs in the List of 
Items Controlled section, to read as follows:

3A001 Electronic components, as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. General purpose integrated circuits, as follows:

    Note 1: The control status of wafers (finished or unfinished), 
in which the function has been determined, is to be evaluated 
against the parameters of 3A001.a.


    Note 2: Integrated circuits include the following types:

    ``Monolithic integrated circuits'';
    ``Hybrid integrated circuits'';
    ``Multichip integrated circuits'';
    ``Film type integrated circuits'', including silicon-on-sapphire 
integrated circuits;
    ``Optical integrated circuits''.
    a.1. Integrated circuits, designed or rated as radiation 
hardened to withstand any of the following:
    a.1.a. A total dose of 5 x 103 Gy (Si), or higher;
    a.1.b. A dose rate upset of 5 x 106 Gy (Si)/s, or 
higher; or
    a.1.c. A fluence (integrated flux) of neutrons (1 MeV 
equivalent) of 5 x 1013 n/cm2 or higher on 
silicon, or its equivalent for other materials;

    Note: 3A001.a.1.c does not apply to Metal Insulator 
Semiconductors (MIS).

    a.2. ``Microprocessor microcircuits'', ``microcomputer 
microcircuits'', microcontroller microcircuits, storage integrated 
circuits manufactured from a compound semiconductor, analog-to-
digital converters, digital-to-analog converters, electro-optical or 
``optical integrated circuits'' designed for ``signal processing'', 
field programmable logic devices, neural network integrated 
circuits, custom integrated circuits for which either the function 
is unknown or the control status of the equipment in which the 
integrated circuit will be used in unknown, Fast Fourier Transform 
(FFT) processors, electrical erasable programmable read-only 
memories (EEPROMs), flash memories or static random-access memories 
(SRAMs), having any of the following:
    a.2.a. Rated for operation at an ambient temperature above 398 K 
(125 [deg]C);
    a.2.b. Rated for operation at an ambient temperature below 218 K 
(-55 [deg]C); or
    a.2.c. Rated for operation over the entire ambient temperature 
range from 218 K (-55 [deg]C) to 398 K (125 [deg]C);

    Note: 3A001.a.2 does not apply to integrated circuits for civil 
automobile or railway train applications.

    a.3. ``Microprocessor microcircuits'', ``micro-computer 
microcircuits'' and microcontroller microcircuits, having any of the 
following characteristics:

    Note: 3A001.a.3 includes digital signal processors, digital 
array processors and digital coprocessors.

    a.3.a. [RESERVED]
    a.3.b. Manufactured from a compound semiconductor and operating 
at a clock frequency exceeding 40 MHz; or
    a.3.c. More than three data or instruction bus or serial 
communication ports, each providing direct external interconnection 
between parallel ``microprocessor microcircuits'' with a transfer 
rate of 1000 Mbyte/s or greater;
    a.4. Storage integrated circuits manufactured from a compound 
semiconductor;
    a.5. Analog-to-digital and digital-to-analog converter 
integrated circuits, as follows:
    a.5.a. Analog-to-digital converters having any of the following:
    a.5.a.1.A resolution of 8 bit or more, but less than 10 bit, an 
output rate greater than 500 million words per second;
    a.5.a..2 A resolution of 10 bit or more, but less than 12 bit, 
with an output rate greater than 200 million words per second;
    a.5.a.3. A resolution of 12 bit with an output rate greater than 
50 million words per second;
    a.5.a.4. A resolution of more than 12 bit but equal to or less 
than 14 bit with an output rate greater than 5 million words per 
second; or
    a.5.a.5. A resolution of more than 14 bit with an output rate 
greater than 1 million words per second.
    a.5.b. Digital-to-analog converters with a resolution of 12 bit 
or more, and a ``settling time'' of less than 10 ns;
    Technical Notes:
    1. A resolution of n bit corresponds to a quantization of 
2n levels.
    2. The number of bits in the output word is equal to the 
resolution of the analogue-to-digital converter.
    3. The output rate is the maximum output rate of the converter, 
regardless of architecture or oversampling. Vendors may also refer 
to the output rate as sampling rate,

[[Page 41106]]

conversion rate or throughput rate. It is often specified in 
megahertz (MHz) or mega samples per second (MSPS).
    4. For the purpose of measuring output rate, one output word per 
second is equivalent to one Hertz or one sample per second.
    a.6. Electro-optical and ``optical integrated circuits'' 
designed for ``signal processing'' having all of the following:
    a.6.a. One or more than one internal ``laser'' diode;
    a.6.b. One or more than one internal light detecting element; 
and
    a.6.c. Optical waveguides;
    a.7. Field programmable logic devices having any of the 
following:
    a.7.a. An equivalent usable gate count of more than 30,000 (2 
input gates);
    a.7.b. A typical ``basic gate propagation delay time'' of less 
than 0.1 ns; or
    a.7.c. A toggle frequency exceeding 133 MHz;

    Note: 3A001.a.7 includes: Simple Programmable Logic Devices 
(SPLDs), Complex Programmable Logic Devices (CPLDs), Field 
Programmable Gate Arrays (FPGAs), Field Programmable Logic Arrays 
(FPLAs), and Field Programmable Interconnects (FPICs).


    N.B.: Field programmable logic devices are also known as field 
programmable gate or field programmable logic arrays.

    a.8. [RESERVED]
    a.9. Neural network integrated circuits;
    a.10. Custom integrated circuits for which the function is 
unknown, or the control status of the equipment in which the 
integrated circuits will be used is unknown to the manufacturer, 
having any of the following:
    a.10.a. More than 1,000 terminals;
    a.10.b. A typical ``basic gate propagation delay time'' of less 
than 0.1 ns; or
    a.10.c. An operating frequency exceeding 3 GHz;
    a.11. Digital integrated circuits, other than those described in 
3A001.a.3 to 3A001.a.10 and 3A001.a.12, based upon any compound 
semiconductor and having any of the following:
    a.11.a. An equivalent gate count of more than 3,000 (2 input 
gates); or
    a.11.b. A toggle frequency exceeding 1.2 GHz;
    a.12. Fast Fourier Transform (FFT) processors having a rated 
execution time for an N-point complex FFT of less than (N log2 N)/
20,480 ms, where N is the number of points;

    Technical Note: When N is equal to 1,024 points, the formula in 
3A001.a.12 gives an execution time of 500 [mu]s.

    b. Microwave or millimeter wave components, as follows:
    b.1. Electronic vacuum tubes and cathodes, as follows:

    Note 1: 3A001.b.1 does not control tubes designed or rated for 
operation in any frequency band which meets all of the following 
characteristics:

    (a) Does not exceed 31.8 GHz; and
    (b) Is ``allocated by the ITU'' for radio-communications 
services, but not for radio-determination.

    Note 2: 3A001.b.1 does not control non-``space-qualified'' tubes 
which meet all the following characteristics:

    (a) An average output power equal to or less than 50 W; and
    (b) Designed or rated for operation in any frequency band which 
meets all of the following characteristics:
    (1) Exceeds 31.8 GHz but does not exceed 43.5 GHz; and
    (2) Is ``allocated by the ITU'' for radio-communications 
services, but not for radio-determination.
    b.1.a. Traveling wave tubes, pulsed or continuous wave, as 
follows:
    b.1.a.1. Operating at frequencies exceeding 31.8 GHz;
    b.1.a.2. Having a cathode heater element with a turn on time to 
rated RF power of less than 3 seconds;
    b.1.a.3. Coupled cavity tubes, or derivatives thereof, with a 
``fractional bandwidth'' of more than 7% or a peak power exceeding 
2.5 kW;
    b.1.a.4. Helix tubes, or derivatives thereof, with any of the 
following characteristics:
    b.1.a.4.a. An ``instantaneous bandwidth'' of more than one 
octave, and average power (expressed in kW) times frequency 
(expressed in GHz) of more than 0.5;
    b.1.a.4.b. An ``instantaneous bandwidth'' of one octave or less, 
and average power (expressed in kW) times frequency (expressed in 
GHz) of more than 1; or
    b.1.a.4.c. Being ``space qualified'';
    b.1.b. Crossed-field amplifier tubes with a gain of more than 17 
dB;
    b.1.c. Impregnated cathodes designed for electronic tubes 
producing a continuous emission current density at rated operating 
conditions exceeding 5 A/cm\2\;
    b.2. Microwave monolithic integrated circuits (MMIC) power 
amplifiers having any of the following:
    b.2.a. Rated for operation at frequencies exceeding 3.2 GHz up 
to and including 6 GHz and with an average output power greater than 
4W (36 dBm) with a ``fractional bandwidth'' greater than 15%;
    b.2.b. Rated for operation at frequencies exceeding 6 GHz up to 
and including 16 GHz and with an average output power greater than 
1W (30 dBm) with a ``fractional bandwidth'' greater than 10%;
    b.2.c. Rated for operation at frequencies exceeding 16 GHz up to 
and including 31.8 GHz and with an average output power greater than 
0.8W (29 dBm) with a ``fractional bandwidth'' greater than 10%;
    b.2.d. Rated for operation at frequencies exceeding 31.8 GHz up 
to and including 37.5 GHz;
    b.2.e. Rated for operation at frequencies exceeding 37.5 GHz up 
to and including 43.5 GHz and with an average output power greater 
than 0.25W (24 dBm) with a ``fractional bandwidth'' greater than 
10%; or
    b.2.f. Rated for operation at frequencies exceeding 43.5 GHz.

    Note 1: 3A001.b.2 does not control broadcast satellite equipment 
designed or rated to operate in the frequency range of 40.5 to 42.5 
GHz.


    Note 2: The control status of the MMIC whose operating frequency 
spans more than one frequency range, as defined by 3A001.b.2., is 
determined by the lowest average output power control threshold.


    Note 3: Notes 1 and 2 following the Category 3 heading for A. 
Systems, Equipment, and Components mean that 3A001.b.2. does not 
control MMICs if they are specially designed for other applications, 
e.g., telecommunications, radar, automobiles.

    b.3. Microwave transistors having any of the following:
    b.3.a. Rated for operation at frequencies exceeding 3.2 GHz up 
to and including 6 GHz and having an average output power greater 
than 60W (47.8 dBm);
    b.3.b. Rated for operation at frequencies exceeding 6 GHz up to 
and including 31.8 GHz and having an average output power greater 
than 20W (43 dBm);
    b.3.c. Rated for operation at frequencies exceeding 31.8 GHz up 
to and including 37.5 GHz and having an average output power greater 
than 0.5W (27 dBm);
    b.3.d. Rated for operation at frequencies exceeding 37.5 GHz up 
to and including 43.5 GHz and having an average output power greater 
than 1W (30 dBm); or
    b.3.e. Rated for operation at frequencies exceeding 43.5 GHz.

    Note: The control status of an item whose operating frequency 
spans more than one frequency range, as defined by 3A001.b.3, is 
determined by the lowest average output power control threshold.

    b.4. Microwave solid state amplifiers and microwave assemblies/
modules containing microwave amplifiers having any of the following:
    b.4.a. Rated for operation at frequencies exceeding 3.2 GHz up 
to and including 6 GHz and with an average output power greater than 
60W (47.8 dBm) with a ``fractional bandwidth'' greater than 15%;
    b.4.b. Rated for operation at frequencies exceeding 6 GHz up to 
and including 31.8 GHz and with an average output power greater than 
15W (42 dBm) with a ``fractional bandwidth'' greater than 10%;
    b.4.c. Rated for operation at frequencies exceeding 31.8 GHz up 
to and including 37.5 GHz;
    b.4.d. Rated for operation at frequencies exceeding 37.5 GHz up 
to and including 43.5 GHz and with an average output power greater 
than 1W (30 dBm) with a ``fractional bandwidth'' greater than 10%;
    b.4.e. Rated for operation at frequencies exceeding 43.5 GHz; or
    b.4.f. Rated for operation at frequencies above 3 GHz and all of 
the following:
    b.4.f.1. An average output power (in watts), P, greater than 150 
divided by the maximum operating frequency (in GHz) squared [P > 150 
W\*\GHz\2\ /fGHz\2\];
    b.4.f.2. A fractional bandwidth of 5% or greater; and
    b.4.f.3. Any two sides perpendicular to one another with length 
d (in cm) equal to or less than 15 divided by the lowest operating 
frequency in GHz [d <= 15 cm\*\GHz / fGHz].

    N.B. MMIC power amplifiers should be evaluated against the 
criteria in 3A001.b.2.


    Note 1: 3A001.b.4. does not control broadcast satellite 
equipment designed or

[[Page 41107]]

rated to operate in the frequency range of 40.5 to 42.5 GHz.


    Note 2: The control status of an item whose operating frequency 
spans more than one frequency range, as defined by 3A001.b.4, is 
determined by the lowest average output power control threshold.

    b.5. Electronically or magnetically tunable band-pass or band-
stop filters having more than 5 tunable resonators capable of tuning 
across a 1.5:1 frequency band (fmax/fmin) in 
less than 10 [mu]s having any of the following:
    b.5.a. A band-pass bandwidth of more than 0.5% of center 
frequency; or
    b.5.b. A band-stop bandwidth of less than 0.5% of center 
frequency;
    b.6. [RESERVED]
    b.7. Mixers and converters designed to extend the frequency 
range of equipment described in 3A002.c, 3A002.e or 3A002.f beyond 
the limits stated therein;
    b.8. Microwave power amplifiers containing tubes controlled by 
3A001.b and having all of the following:
    b.8.a. Operating frequencies above 3 GHz;
    b.8.b. An average output power density exceeding 80 W/kg; and
    b.8.c. A volume of less than 400 cm\3\;

    Note: 3A001.b.8 does not control equipment designed or rated for 
operation in any frequency band which is ``allocated by the ITU'' 
for radio-communications services, but not for radio-determination.

    c. Acoustic wave devices, as follows, and specially designed 
components therefor:
    c.1. Surface acoustic wave and surface skimming (shallow bulk) 
acoustic wave devices (i.e., ``signal processing'' devices employing 
elastic waves in materials), having any of the following:
    c.1.a. A carrier frequency exceeding 2.5 GHz;
    c.1.b. A carrier frequency exceeding 1 GHz, but not exceeding 
2.5 GHz, and having any of the following:
    c.1.b.1. A frequency side-lobe rejection exceeding 55 dB;
    c.1.b.2. A product of the maximum delay time and the bandwidth 
(time in [mu]s and bandwidth in MHz) of more than 100;
    c.1.b.3. A bandwidth greater than 250 MHz; or
    c.1.b.4. A dispersive delay of more than 10 [mu]s; or
    c.1.c. A carrier frequency of 1 GHz or less, having any of the 
following:
    c.1.c.1. A product of the maximum delay time and the bandwidth 
(time in [mu]s and bandwidth in MHz) of more than 100;
    c.1.c.2. A dispersive delay of more than 10 [mu]s; or
    c.1.c.3. A frequency side-lobe rejection exceeding 55 dB and a 
bandwidth greater than 50 MHz;
    c.2. Bulk (volume) acoustic wave devices (i.e., ``signal 
processing'' devices employing elastic waves) that permit the direct 
processing of signals at frequencies exceeding 1 GHz;
    c.3. Acoustic-optic ``signal processing'' devices employing 
interaction between acoustic waves (bulk wave or surface wave) and 
light waves that permit the direct processing of signals or images, 
including spectral analysis, correlation or convolution;
    d. Electronic devices and circuits containing components, 
manufactured from ``superconductive'' materials specially designed 
for operation at temperatures below the ``critical temperature'' of 
at least one of the ``superconductive'' constituents, with any of 
the following:
    d.1. Current switching for digital circuits using 
``superconductive'' gates with a product of delay time per gate (in 
seconds) and power dissipation per gate (in watts) of less than 
10-14 J; or
    d.2. Frequency selection at all frequencies using resonant 
circuits with Q-values exceeding 10,000;
    e. High energy devices, as follows:
    e.1. Batteries and photovoltaic arrays, as follows:

    Note: 3A001.e.1 does not control batteries with volumes equal to 
or less than 27 cm\3\ (e.g., standard C-cells or R14 batteries).

    e.1.a. Primary cells and batteries having an energy density 
exceeding 480 Wh/kg and rated for operation in the temperature range 
from below 243 K (-30 [deg]C) to above 343 K (70 [deg]C);
    e.1.b. Rechargeable cells and batteries having an energy density 
exceeding 150 Wh/kg after 75 charge/discharge cycles at a discharge 
current equal to C/5 hours (C being the nominal capacity in ampere 
hours) when operating in the temperature range from below 253 K (-20 
[deg]C) to above 333 K (60 [deg]C);

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

    e.1.c. ``Space qualified'' and radiation hardened photovoltaic 
arrays with a specific power exceeding 160 W/m\2\ at an operating 
temperature of 301 K (28 [deg]C) under a tungsten illumination of 1 
kW/m\2\ at 2,800 K (2,527 [deg]C);
    e.2. High energy storage capacitors, as follows:
    e.2.a. Capacitors with a repetition rate of less than 10 Hz 
(single shot capacitors) having all of the following:
    e.2.a.1. A voltage rating equal to or more than 5 kV;
    e.2.a.2. An energy density equal to or more than 250 J/kg; and
    e.2.a.3. A total energy equal to or more than 25 kJ;
    e.2.b. Capacitors with a repetition rate of 10 Hz or more 
(repetition rated capacitors) having all of the following:
    e.2.b.1. A voltage rating equal to or more than 5 kV;
    e.2.b.2. An energy density equal to or more than 50 J/kg;
    e.2.b.3. A total energy equal to or more than 100 J; and
    e.2.b.4. A charge/discharge cycle life equal to or more than 
10,000;
    e.3. ``Superconductive'' electromagnets and solenoids specially 
designed to be fully charged or discharged in less than one second, 
having all of the following:

    Note: 3A001.e.3 does not control ``superconductive'' 
electromagnets or solenoids specially designed for Magnetic 
Resonance Imaging (MRI) medical equipment.

    e.3.a. Energy delivered during the discharge exceeding 10 kJ in 
the first second;
    e.3.b. Inner diameter of the current carrying windings of more 
than 250 mm; and
    e.3.c. Rated for a magnetic induction of more than 8 T or 
``overall current density'' in the winding of more than 300 A/mm\2\;
    f. Rotary input type shaft absolute position encoders having any 
of the following:
    f.1. A resolution of better than 1 part in 265,000 (18 bit 
resolution) of full scale; or
    f.2. An accuracy better than 2.5 seconds of arc.


0
20. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A002 is amended by revising the ``items'' paragraphs in the List of 
Items Controlled section, to read as follows:

3A002 General purpose electronic equipment, as follows (see List of 
Items Controlled).
* * * * *

List of Items Controlled

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

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

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

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

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

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


[[Page 41108]]


    a.4. Equipment, having a maximum digital interface transfer rate 
exceeding 175 Mbit/s, designed to convert digital video magnetic 
tape recorders for use as digital instrumentation data recorders;
    a.5. Waveform digitizers and transient recorders having all of 
the following:

    N.B.: See also 3A292.

    a.5.a. Digitizing rates equal to or more than 200 million 
samples per second and a resolution of 10 bits or more; and
    a.5.b. A continuous throughput of 2 Gbit/s or more;

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

    a.6. Digital instrumentation data recorders, using magnetic disk 
storage technique, having all of the following:
    a.6.a. Digitizing rate equal to or more than 100 million samples 
per second and a resolution of 8 bits or more; and
    a.6.b. A continuous throughput of 1 Gbit/s or more;
    b. ``Frequency synthesizer'', ``electronic assemblies'' having a 
``frequency switching time'' from one selected frequency to another 
of less than 1 ms;
    c. Radio frequency ``signal analyzers'', as follows:
    c.1. ``Signal analyzers'' capable of analyzing any frequencies 
exceeding 31.8 GHz but not exceeding 37.5 Ghz and having a 3 dB 
resolution bandwidth (RBW) exceeding 10 MHz;
    c.2. ``Signal analyzers'' capable of analyzing frequencies 
exceeding 43.5 GHz;
    c.3. ``Dynamic signal analyzers'' having a ``real-time 
bandwidth'' exceeding 500 kHz;

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

    d. Frequency synthesized signal generators producing output 
frequencies, the accuracy and short term and long term stability of 
which are controlled, derived from or disciplined by the internal 
master frequency, and having any of the following:
    d.1. A maximum synthesized frequency exceeding 31.8 GHz, but not 
exceeding 43.5 GHz and rated to generate a pulse duration of less 
than 100 ns;
    d.2. A maximum synthesized frequency exceeding 43.5 GHz;
    d.3. A ``frequency switching time'' from one selected frequency 
to another of less than 1 ms; or
    d.4. A single sideband (SSB) phase noise better than (-126 + 20 
log10F -20 log10f) in dBc/Hz, where F is the 
off-set from the operating frequency in Hz and f is the operating 
frequency in MHz;

    Technical Note: For the purposes of 3A002.d.1., `duration' is 
defined as the time interval between the leading edge of the pulse 
achieving 90% of the peak and the trailing edge of the pulse 
achieving 10% of the peak.


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

    e. Network analyzers with a maximum operating frequency 
exceeding 43.5 GHz;
    f. Microwave test receivers having all of the following:
    f.1. A maximum operating frequency exceeding 43.5 GHz; and
    f.2. Being capable of measuring amplitude and phase 
simultaneously;
    g. Atomic frequency standards having any of the following:
    g.1. Long-term stability (aging) less (better) than 1 x 
10-\11\/month; or
    g.2. Being ``space qualified''.

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



0
21. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3B001 is amended revising the ``items'' paragraph in the List of Items 
Controlled section, to read as follows:

3B001 Equipment for the manufacturing of semiconductor devices or 
materials, as follows (see List of Items Controlled), and specially 
designed components and accessories therefor.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Equipment designed for epitaxial growth, as follows:
    a.1. Equipment capable of producing any of the following:
    a.1.a. A silicon layer with a thickness uniform to less than `` 
2.5% across a distance of 200 mm or more; or
    a.1.b. A layer of any material other than silicon with a 
thickness uniform to less than 2.5% across a distance of 
75 mm or more;
    a.2. Metal organic chemical vapor deposition (MOCVD) reactors 
specially designed for compound semiconductor crystal growth by the 
chemical reaction between materials controlled by 3C003 or 3C004;
    a.3. Molecular beam epitaxial growth equipment using gas or 
solid sources;
    b. Equipment designed for ion implantation, having any of the 
following:
    b.1. A beam energy (accelerating voltage) exceeding 1MeV;
    b.2. Being specially designed and optimized to operate at a beam 
energy (accelerating voltage of less than 2 keV;
    b.3. Direct write capability; or
    b.4. A beam energy of 65 keV or more and a beam current of 45 mA 
or more for high energy oxygen implant into a heated semiconductor 
material ``substrate'';
    c. Anisotropic plasma dry etching equipment, as follows:
    c.1. Equipment with cassette-to-cassette operation and load-
locks, and having any of the following:
    c.1.a. Designed or optimized to produce critical dimensions of 
180 nm or less with 5% 3 sigma precision; or
    c.1.b. Designed for generating less than 0.04 particles/cm\2\ 
with a measurable particle size greater than 0.1 [mu]m in diameter;
    c.2. Equipment specially designed for equipment controlled by 
3B001.e. and having any of the following:
    c.2.a. Designed or optimized to produce critical dimensions of 
180 nm or less with 5% 3 sigma precision; or
    c.2.b. Designed for generating less than 0.04 particles/cm\2\ 
with a measurable particle size greater than 0.1 [mu]m in diameter;
    d. Plasma enhanced CVD equipment, as follows:
    d.1. Equipment with cassette-to-cassette operation and load-
locks, and designed according to the manufacturer's specifications 
or optimized for use in the production of semiconductor devices with 
critical dimensions of 180 nm or less;
    d.2. Equipment specially designed for equipment controlled by 
3B001.e. and designed according to the manufacturer's specifications 
or optimized for use in the production of semiconductor devices with 
critical dimensions of 180 nm or less;
    e. Automatic loading multi-chamber central wafer handling 
systems, having all of the following:
    e.1. Interfaces for wafer input and output, to which more than 
two pieces of semiconductor processing equipment are to be 
connected; and
    e.2. Designed to form an integrated system in a vacuum 
environment for sequential multiple wafer processing;

    Note: 3B001.e. does not control automatic robotic wafer handling 
systems not designed to operate in a vacuum environment.

    f. Lithography equipment, as follows:
    f.1. Align and expose step and repeat (direct step on wafer) or 
step and scan (scanner) equipment for wafer processing using photo-
optical or X-ray methods, having any of the following:
    f.1.a. A light source wavelength shorter than 245 nm; or
    f.1.b. Capable of producing a pattern with a minimum resolvable 
feature size of 180 nm or less;

    Technical Note: The minimum resolvable feature size is 
calculated by the following formula:


MRF =

[[Page 41109]]

[GRAPHIC] [TIFF OMITTED] TR15JY05.000

where the K factor = 0.45
MRF = minimum resolvable feature size.

    f.2. Equipment specially designed for mask making or 
semiconductor device processing using deflected focused electron 
beam, ion beam or ``laser'' beam, having any of the following:
    f.2.a. A spot size smaller than 0.2 [mu]m;
    f.2.b. Being capable of producing a pattern with a feature size 
of less than 1 [mu]m; or
    f.2.c. An overlay accuracy of better than 0.20 [mu]m 
(3 sigma);
    g. Masks and reticles designed for integrated circuits 
controlled by 3A001;
    h. Multi-layer masks with a phase shift layer.

    Note: 3B001.h. does not control multi-layer masks with a phase 
shift layer designed for the fabrication of memory devices not 
controlled by 3A001.



0
22. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3B002 is amended revising the heading and the ``items'' paragraph in 
the List of Items Controlled section, to read as follows:

3B002 Test equipment, specially designed for testing finished or 
unfinished semiconductor devices, as follows (see List of Items 
Controlled), and specially designed components and accessories 
therefor.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. For testing S-parameters of transistor devices at frequencies 
exceeding 31.8 GHz;
    b. [RESERVED]
    c. For testing microwave integrated circuits controlled by 
3A001.b.2.


0
23. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3B991 is amended, revising the ``items'' paragraph in the List of Items 
Controlled section, to read as follows:

3B991 Equipment not controlled by 3B001 for the manufacture of 
electronic components and materials, and specially designed 
components and accessories therefor.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Equipment specially designed for the manufacture of electron 
tubes, optical elements and specially designed components therefor 
controlled by 3A001 or 3A991;
    b. Equipment specially designed for the manufacture of 
semiconductor devices, integrated circuits and ``electronic 
assemblies'', as follows, and systems incorporating or having the 
characteristics of such equipment:

    Note: 3B991.b also controls equipment used or modified for use 
in the manufacture of other devices, such as imaging devices, 
electro-optical devices, acoustic-wave devices.

    b.1. Equipment for the processing of materials for the 
manufacture of devices and components as specified in the heading of 
3B991.b, as follows:

    Note: 3B991 does not control quartz furnace tubes, furnace 
liners, paddles, boats (except specially designed caged boats), 
bubblers, cassettes or crucibles specially designed for the 
processing equipment controlled by 3B991.b.1.

    b.1.a. Equipment for producing polycrystalline silicon and 
materials controlled by 3C001;
    b.1.b. Equipment specially designed for purifying or processing 
III/V and II/VI semiconductor materials controlled by 3C001, 3C002, 
3C003, or 3C004, except crystal pullers, for which see 3B991.b.1.c 
below;
    b.1.c. Crystal pullers and furnaces, as follows:

    Note: 3B991.b.1.c does not control diffusion and oxidation 
furnaces.

    b.1.c.1. Annealing or recrystallizing equipment other than 
constant temperature furnaces employing high rates of energy 
transfer capable of processing wafers at a rate exceeding 0.005 m\2\ 
per minute;
    b.1.c.2. ``Stored program controlled'' crystal pullers having 
any of the following characteristics:
    b.1.c.2.a. Rechargeable without replacing the crucible 
container;
    b.1.c.2.b. Capable of operation at pressures above 2.5 x 10\5\ 
Pa; or
    b.1.c.2.c. Capable of pulling crystals of a diameter exceeding 
100 mm;
    b.1.d. ``Stored program controlled'' equipment for epitaxial 
growth having any of the following characteristics:
    b.1.d.1. Capable of producing a layer thickness uniformity 
across the wafer of equal to or better than 3.5%; or
    b.1.d.2. Rotation of individual wafers during processing;
    b.1.e. Molecular beam epitaxial growth equipment;
    b.1.f. Magnetically enhanced ``sputtering'' equipment with 
specially designed integral load locks capable of transferring 
wafers in an isolated vacuum environment;
    b.1.g. Equipment specially designed for ion implantation, ion-
enhanced or photo-enhanced diffusion, having any of the following 
characteristics:
    b.1.g.1. Patterning capability;
    b.1.g.2. Beam energy (accelerating voltage) exceeding 200 keV;
    b.1.g.3. Optimized to operate at a beam energy (accelerating 
voltage) of less than 10 keV; or
    b.1.g.4. Capable of high energy oxygen implant into a heated 
``substrate'';
    b.1.h. ``Stored program controlled'' equipment for the selective 
removal (etching) by means of anisotropic dry methods (e.g., 
plasma), as follows:
    b.1.h.1. Batch types having either of the following:
    b.1.h.1.a. End-point detection, other than optical emission 
spectroscopy types; or
    b.1.h.1.b. Reactor operational (etching) pressure of 26.66 Pa or 
less;
    b.1.h.2. Single wafer types having any of the following:
    b.1.h.2.a. End-point detection, other than optical emission 
spectroscopy types;
    b.1.h.2.b. Reactor operational (etching) pressure of 26.66 Pa or 
less; or
    b.1.h.2.c. Cassette-to-cassette and load locks wafer handling;

    Notes: 1. ``Batch types'' refers to machines not specially 
designed for production processing of single wafers. Such machines 
can process two or more wafers simultaneously with common process 
parameters, e.g., RF power, temperature, etch gas species, flow 
rates.
    2. ``Single wafer types'' refers to machines specially designed 
for production processing of single wafers. These machines may use 
automatic wafer handling techniques to load a single wafer into the 
equipment for processing. The definition includes equipment that can 
load and process several wafers but where the etching parameters, 
e.g., RF power or end point, can be independently determined for 
each individual wafer.

    b.1.i. ``Chemical vapor deposition'' (CVD) equipment, e.g., 
plasma-enhanced CVD (PECVD) or photo-enhanced CVD, for semiconductor 
device manufacturing, having either of the following capabilities, 
for deposition of oxides, nitrides, metals or polysilicon:
    b.1.i.1. ``Chemical vapor deposition'' equipment operating below 
10\5\ Pa; or
    b.1.i.2. PECVD equipment operating either below 60 Pa (450 
millitorr) or having automatic cassette-to-cassette and load lock 
wafer handling;

    Note: 3B991.b.1.i does not control low pressure ``chemical vapor 
deposition'' (LPCVD) systems or reactive ``sputtering'' equipment.

    b.1.j. Electron beam systems specially designed or modified for 
mask making or semiconductor device processing having any of the 
following characteristics:
    b.1.j.1. Electrostatic beam deflection;
    b.1.j.2. Shaped, non-Gaussian beam profile;
    b.1.j.3. Digital-to-analog conversion rate exceeding 3 MHz;
    b.1.j.4. Digital-to-analog conversion accuracy exceeding 12 bit; 
or
    b.1.j.5. Target-to-beam position feedback control precision of 1 
micrometer or finer;


[[Page 41110]]


    Note: 3B991.b.1.j does not control electron beam deposition 
systems or general purpose scanning electron microscopes.

    b.1.k. Surface finishing equipment for the processing of 
semiconductor wafers as follows:
    b.1.k.1. Specially designed equipment for backside processing of 
wafers thinner than 100 micrometer and the subsequent separation 
thereof; or
    b.1.k.2. Specially designed equipment for achieving a surface 
roughness of the active surface of a processed wafer with a two-
sigma value of 2 micrometer or less, total indicator reading (TIR);

    Note: 3B991.b.1.k does not control single-side lapping and 
polishing equipment for wafer surface finishing.

    b.1.l. Interconnection equipment which includes common single or 
multiple vacuum chambers specially designed to permit the 
integration of any equipment controlled by 3B991 into a complete 
system;
    b.1.m. ``Stored program controlled'' equipment using ``lasers'' 
for the repair or trimming of ``monolithic integrated circuits'' 
with either of the following characteristics:
    b.1.m.1. Positioning accuracy less than 1 
micrometer; or
    b.1.m.2. Spot size (kerf width) less than 3 micrometer.
    b.2. Masks, mask ``substrates'', mask-making equipment and image 
transfer equipment for the manufacture of devices and components as 
specified in the heading of 3B991, as follows:

    Note: The term ``masks'' refers to those used in electron beam 
lithography, X-ray lithography, and ultraviolet lithography, as well 
as the usual ultraviolet and visible photo-lithography.

    b.2.a. Finished masks, reticles and designs therefor, except:
    b.2.a.1. Finished masks or reticles for the production of 
unembargoed integrated circuits; or
    b.2.a.2. Masks or reticles, having both of the following 
characteristics:
    b.2.a.2.a. Their design is based on geometries of 2.5 micrometer 
or more; and
    b.2.a.2.b. The design does not include special features to alter 
the intended use by means of production equipment or ``software'';
    b.2.b. Mask ``substrates'' as follows:
    b.2.b.1. Hard surface (e.g., chromium, silicon, molybdenum) 
coated ``substrates'' (e.g., glass, quartz, sapphire) for the 
preparation of masks having dimensions exceeding 125 mm x 125 mm; or
    b.2.b.2. ``Substrates'' specially designed for X-ray masks;
    b.2.c. Equipment, other than general purpose computers, 
specially designed for computer aided design (CAD) of semiconductor 
devices or integrated circuits;
    b.2.d. Equipment or machines, as follows, for mask or reticle 
fabrication:
    b.2.d.1. Photo-optical step and repeat cameras capable of 
producing arrays larger than 100 mm x 100 mm, or capable of 
producing a single exposure larger than 6 mm x 6 mm in the image 
(i.e., focal) plane, or capable of producing line widths of less 
than 2.5 micrometer in the photoresist on the ``substrate'';
    b.2.d.2. Mask or reticle fabrication equipment using ion or 
``laser'' beam lithography capable of producing line widths of less 
than 2.5 micrometer; or
    b.2.d.3. Equipment or holders for altering masks or reticles or 
adding pellicles to remove defects;

    Note: 3B991.b.2.d.1 and b.2.d.2 do not control mask fabrication 
equipment using photo-optical methods which was either commercially 
available before the 1st January, 1980, or has a performance no 
better than such equipment.

    b.2.e. ``Stored program controlled'' equipment for the 
inspection of masks, reticles or pellicles with:
    b.2.e.1. A resolution of 0.25 micrometer or finer; and
    b.2.e.2. A precision of 0.75 micrometer or finer over a distance 
in one or two coordinates of 63.5 mm or more;

    Note: 3B991.b.2.e does not control general purpose scanning 
electron microscopes except when specially designed and instrumented 
for automatic pattern inspection.

    b.2.f. Align and expose equipment for wafer production using 
photo-optical or X-ray methods, e.g., lithography equipment, 
including both projection image transfer equipment and step and 
repeat (direct step on wafer) or step and scan (scanner) equipment, 
capable of performing any of the following functions:

    Note: 3B991.b.2.f does not control photo-optical contact and 
proximity mask align and expose equipment or contact image transfer 
equipment.

    b.2.f.1. Production of a pattern size of less than 2.5 
micrometer;
    b.2.f.2. Alignment with a precision finer than 0.25 
micrometer (3 sigma);
    b.2.f.3. Machine-to-machine overlay no better than 0.3 micrometer; or
    b.2.f.4. A light source wavelength shorter than 400 nm;
    b.2.g. Electron beam, ion beam or X-ray equipment for projection 
image transfer capable of producing patterns less than 2.5 
micrometer;

    Note: For focused, deflected-beam systems (direct write 
systems), see 3B991.b.1.j or b.10.

    b.2.h. Equipment using ``lasers'' for direct write on wafers 
capable of producing patterns less than 2.5 micrometer.
    b.3. Equipment for the assembly of integrated circuits, as 
follows:
    b.3.a. ``Stored program controlled'' die bonders having all of 
the following characteristics:
    b.3.a.1. Specially designed for ``hybrid integrated circuits'';
    b.3.a.2. X-Y stage positioning travel exceeding 37.5 x 37.5 mm; 
and
    b.3.a.3. Placement accuracy in the X-Y plane of finer than 
10 micrometer;
    b.3.b. ``Stored program controlled'' equipment for producing 
multiple bonds in a single operation (e.g., beam lead bonders, chip 
carrier bonders, tape bonders);
    b.3.c. Semi-automatic or automatic hot cap sealers, in which the 
cap is heated locally to a higher temperature than the body of the 
package, specially designed for ceramic microcircuit packages 
controlled by 3A001 and that have a throughput equal to or more than 
one package per minute.

    Note: 3B991.b.3 does not control general purpose resistance type 
spot welders.

    b.4. Filters for clean rooms capable of providing an air 
environment of 10 or less particles of 0.3 micrometer or smaller per 
0.02832 m\3\ and filter materials therefor.

0
24. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3B992 is amended revising the ``items'' paragraph in the List of Items 
Controlled section, to read as follows:

3B992 Equipment not controlled by 3B002 for the inspection or 
testing of electronic components and materials, and specially 
designed components and accessories therefor.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Equipment specially designed for the inspection or testing of 
electron tubes, optical elements and specially designed components 
therefor controlled by 3A001 or 3A991;
    b. Equipment specially designed for the inspection or testing of 
semiconductor devices, integrated circuits and ``electronic 
assemblies'', as follows, and systems incorporating or having the 
characteristics of such equipment:

    Note: 3B992.b also controls equipment used or modified for use 
in the inspection or testing of other devices, such as imaging 
devices, electro-optical devices, acoustic-wave devices.

    b.1. ``Stored program controlled'' inspection equipment for the 
automatic detection of defects, errors or contaminants of 0.6 
micrometer or less in or on processed wafers, ``substrates'', other 
than printed circuit boards or chips, using optical image 
acquisition techniques for pattern comparison;

    Note: 3B992.b.1 does not control general purpose scanning 
electron microscopes, except when specially designed and 
instrumented for automatic pattern inspection.

    b.2. Specially designed ``stored program controlled'' measuring 
and analysis equipment, as follows:
    b.2.a. Specially designed for the measurement of oxygen or 
carbon content in semiconductor materials;
    b.2.b. Equipment for line width measurement with a resolution of 
1 micrometer or finer;
    b.2.c. Specially designed flatness measurement instruments 
capable of measuring deviations from flatness of 10 micrometer or 
less with a resolution of 1 micrometer or finer.
    b.3. ``Stored program controlled'' wafer probing equipment 
having any of the following characteristics:

[[Page 41111]]

    b.3.a. Positioning accuracy finer than 3.5 micrometer;
    b.3.b. Capable of testing devices having more than 68 terminals; 
or
    b.3.c. Capable of testing at a frequency exceeding 1 GHz;
    b.4. Test equipment as follows:
    b.4.a. ``Stored program controlled'' equipment specially 
designed for testing discrete semiconductor devices and 
unencapsulated dice, capable of testing at frequencies exceeding 18 
GHz;

    Technical Note: Discrete semiconductor devices include 
photocells and solar cells.

    b.4.b. ``Stored program controlled'' equipment specially 
designed for testing integrated circuits and ``electronic 
assemblies'' thereof, capable of functional testing:
    b.4.b.1. At a `pattern rate' exceeding 20 MHz; or
    b.4.b.2. At a `pattern rate' exceeding 10 MHz but not exceeding 
20 MHz and capable of testing packages of more than 68 terminals.

    Notes: 3B992.b.4.b does not control test equipment specially 
designed for testing:

    1. memories;
    2. ``Assemblies'' or a class of ``electronic assemblies'' for 
home and entertainment applications; and
    3. Electronic components, ``assemblies'' and integrated circuits 
not controlled by 3A001 or 3A991 provided such test equipment does 
not incorporate computing facilities with ``user accessible 
programmability''.

    Technical Note: For purposes of 3B992.b.4.b, `pattern rate' is 
defined as the maximum frequency of digital operation of a tester. 
It is therefore equivalent to the highest data rate that a tester 
can provide in non-multiplexed mode. It is also referred to as test 
speed, maximum digital frequency or maximum digital speed.

    b.4.c. Equipment specially designed for determining the 
performance of focal-plane arrays at wavelengths of more than 1,200 
nm, using ``stored program controlled'' measurements or computer 
aided evaluation and having any of the following characteristics:
    b.4.c.1. Using scanning light spot diameters of less than 0.12 
mm;
    b.4.c.2. Designed for measuring photosensitive performance 
parameters and for evaluating frequency response, modulation 
transfer function, uniformity of responsivity or noise; or
    b.4.c.3. Designed for evaluating arrays capable of creating 
images with more than 32 x 32 line elements;
    b.5. Electron beam test systems designed for operation at 3 keV 
or below, or ``laser'' beam systems, for non-contactive probing of 
powered-up semiconductor devices having any of the following:
    b.5.a. Stroboscopic capability with either beam blanking or 
detector strobing;
    b.5.b. An electron spectrometer for voltage measurements with a 
resolution of less than 0.5 V; or
    b.5.c. Electrical tests fixtures for performance analysis of 
integrated circuits;

    Note: 3B992.b.5 does not control scanning electron microscopes, 
except when specially designed and instrumented for non-contactive 
probing of a powered-up semiconductor device.

    b.6. ``Stored program controlled'' multifunctional focused ion 
beam systems specially designed for manufacturing, repairing, 
physical layout analysis and testing of masks or semiconductor 
devices and having either of the following characteristics:
    b.6.a. Target-to-beam position feedback control precision of 1 
micrometer or finer; or
    b.6.b. Digital-to-analog conversion accuracy exceeding 12 bit;
    b.7. Particle measuring systems employing ``lasers'' designed 
for measuring particle size and concentration in air having both of 
the following characteristics:
    b.7.a. Capable of measuring particle sizes of 0.2 micrometer or 
less at a flow rate of 0.02832 m\3\ per minute or more; and
    b.7.b. Capable of characterizing Class 10 clean air or better.


0
25. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4A003 is amended by revising the ``items'' paragraph in the List of 
Items Controlled section, to read as follows:

4A003 ``Digital computers'', ``electronic assemblies'', and related 
equipment therefor, as follows, and specially designed components 
therefor.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:

    Note 1: 4A003 includes the following:

    a. Vector processors;
    b. Array processors;
    c. Digital signal processors;
    d. Logic processors;
    e. Equipment designed for ``image enhancement'';
    f. Equipment designed for ``signal processing''.

    Note 2: The control status of the ``digital computers'' and 
related equipment described in 4A003 is determined by the control 
status of other equipment or systems provided:

    a. The ``digital computers'' or related equipment are essential 
for the operation of the other equipment or systems;
    b. The ``digital computers'' or related equipment are not a 
``principal element'' of the other equipment or systems; and

    N.B. 1: The control status of ``signal processing'' or ``image 
enhancement'' equipment specially designed for other equipment with 
functions limited to those required for the other equipment is 
determined by the control status of the other equipment even if it 
exceeds the ``principal element'' criterion.


    N.B. 2: For the control status of ``digital computers'' or 
related equipment for telecommunications equipment, see Category 5, 
Part 1 (Telecommunications).

    c. The ``technology'' for the ``digital computers'' and related 
equipment is determined by 4E.
    a. Designed or modified for ``fault tolerance'';

    Note: For the purposes of 4A003.a., ``digital computers'' and 
related equipment are not considered to be designed or modified for 
``fault tolerance'' if they utilize any of the following:

    1. Error detection or correction algorithms in ``main storage'';
    2. The interconnection of two ``digital computers'' so that, if 
the active central processing unit fails, an idling but mirroring 
central processing unit can continue the system's functioning;
    3. The interconnection of two central processing units by data 
channels or by use of shared storage to permit one central 
processing unit to perform other work until the second central 
processing unit fails, at which time the first central processing 
unit takes over in order to continue the system's functioning; or
    4. The synchronization of two central processing units by 
``software'' so that one central processing unit recognizes when the 
other central processing unit fails and recovers tasks from the 
failing unit.
    b. ``Digital computers'' having a ``composite theoretical 
performance'' (``CTP'') exceeding 190,000 million theoretical 
operations per second (MTOPS);
    c. ``Electronic assemblies'' specially designed or modified to 
be capable of enhancing performance by aggregation of ``computing 
elements'' (``CEs'') so that the ``CTP'' of the aggregation exceeds 
the limit in 4A003.b.;

    Note 1: 4A003.c applies only to ``electronic assemblies'' and 
programmable interconnections not exceeding the limit in 4A003.b. 
when shipped as unintegrated ``electronic assemblies''. It does not 
apply to ``electronic assemblies'' inherently limited by nature of 
their design for use as related equipment controlled by 4A003.e.


    Note 2: 4A003.c does not control ``electronic assemblies'' 
specially designed for a product or family of products whose maximum 
configuration does not exceed the limit of 4A003.b.

    d. [RESERVED]
    e. Equipment performing analog-to-digital conversions exceeding 
the limits in 3A001.a.5;
    f. [RESERVED]
    g. Equipment specially designed to provide external 
interconnection of ``digital computers'' or associated equipment 
that allows communications at data rates exceeding 1.25 Gbyte/s.

    Note: 4A003.g does not control internal interconnection 
equipment (e.g., backplanes, buses) passive interconnection 
equipment, ``network access controllers'' or ``communication channel 
controllers''.



0
26. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4A994 is amended by revising the ``items''

[[Page 41112]]

paragraph in the List of Items Controlled section, to read as follows:

4A994 Computers, ``electronic assemblies'', and related equipment 
not controlled by 4A001 or 4A003, and specially designed components 
therefor.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:

    Note 1: The control status of the ``digital computers'' and 
related equipment described in 4A994 is determined by the control 
status of other equipment or systems provided:

    a. The ``digital computers'' or related equipment are essential 
for the operation of the other equipment or systems;
    b. The ``digital computers'' or related equipment are not a 
``principal element'' of the other equipment or systems; and
    N.B. 1: The control status of ``signal processing'' or ``image 
enhancement'' equipment specially designed for other equipment with 
functions limited to those required for the other equipment is 
determined by the control status of the other equipment even if it 
exceeds the ``principal element'' criterion.
    N.B. 2: For the control status of ``digital computers'' or 
related equipment for telecommunications equipment, see Category 5, 
Part 1 (Telecommunications).
    c. The ``technology'' for the ``digital computers'' and related 
equipment is determined by 4E.
    a. Electronic computers and related equipment, and ``electronic 
assemblies'' and specially designed components therefor, rated for 
operation at an ambient temperature above 343 K (70 [deg]C);
    b. ``Digital computers'' having a ``composite theoretical 
performance'' (``CTP'') equal to or greater than 6 million 
theoretical operations per second (MTOPS);
    c. ``Electronic assemblies'' that are specially designed or 
modified to enhance performance by aggregation of ``computing 
elements'' (``CEs''), as follows:
    c.1. Designed to be capable of aggregation in configurations of 
16 or more ``computing elements'' (``CEs''); or
    c.2. Having a sum of maximum data rates on all channels 
available for connection to associated processors exceeding 40 
million Byte/s;

    Note 1: 4A994.c applies only to ``electronic assemblies'' and 
programmable interconnections with a ``CTP'' not exceeding the 
limits in 4A994.b, when shipped as unintegrated ``electronic 
assemblies''. It does not apply to ``electronic assemblies'' 
inherently limited by nature of their design for use as related 
equipment controlled by 4A994.g and 4A994.k.


    Note 2: 4A994.c does not control any ``electronic assembly'' 
specially designed for a product or family of products whose maximum 
configuration does not exceed the limits of 4A994.b.

    d. Disk drives and solid state storage equipment:
    d.1. Magnetic, erasable optical or magneto-optical disk drives 
with a ``maximum bit transfer rate'' exceeding 25 million bit/s;
    d.2. Solid state storage equipment, other than ``main storage'' 
(also known as solid state disks or RAM disks), with a ``maximum bit 
transfer rate'' exceeding 36 million bit/s;
    e. Input/output control units designed for use with equipment 
controlled by 4A994.d;
    f. Equipment for ``signal processing'' or ``image enhancement'' 
having a ``composite theoretical performance'' (``CTP'') exceeding 
8.5 million theoretical operations per second (MTOPS);
    g. Graphics accelerators or graphics coprocessors that exceed a 
``three dimensional vector rate'' of 400,000 or, if supported by 2-D 
vectors only, a ``two dimensional vector rate'' of 600,000;

    Note: The provisions of 4A994.g do not apply to work stations 
designed for and limited to:
    a. Graphic arts (e.g., printing, publishing); and
    b. The display of two-dimensional vectors.

    h. Color displays or monitors having more than 120 resolvable 
elements per cm in the direction of the maximum pixel density;

    Note 1: 4A994.h does not control displays or monitors not 
specially designed for electronic computers.


    Note 2: Displays specially designed for air traffic control 
(ATC) systems are treated as specially designed components for ATC 
systems under Category 6.

    i. Equipment containing ``terminal interface equipment'' 
exceeding the limits in 5A991.

    Note: For the purposes of 4A994.i, ``terminal interface 
equipment'' includes ``local area network'' interfaces, modems and 
other communications interfaces. ``Local area network'' interfaces 
are evaluated as ``network access controllers''.

    j. Equipment specially designed to provide external 
interconnection of ``digital computers'' or associated equipment 
that allows communications at data rates exceeding 80 Mbyte/s.

    Note: 4A994.j does not control internal interconnection 
equipment (e.g., backplanes, buses) passive interconnection 
equipment, ``network access controllers'' or ``communication channel 
controllers''.

    k. ``Hybrid computers'' and ``electronic assemblies'' and 
specially designed components therefor, as follows:
    k.1. Containing ``digital computers'' controlled by 4A003;
    k.2. Containing analog-to-digital converters having all of the 
following characteristics:
    k.2.a. 32 channels or more; and
    k.2.b. A resolution of 14 bit (plus sign bit) or more with a 
conversion rate of 200,000 conversions/s or more.


0
27. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4D001 is amended by revising the License Requirements section, the 
``TSR'' paragraph of the License Exception section, and the ``items'' 
paragraph in the List of Items Controlled section, 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), and other specified software, see List of Items 
Controlled.

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 
190,000 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: * * *
TSR: Yes, except software for commodities controlled by ECCN 4A003.b 
or ECCN 4A003.c is limited to software for computers or electronic 
assemblies with a CTP equal to or less than 190,000 MTOPS.
CTP: * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. ``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).
    b. ``Software'', other than that controlled by 4D001.a, 
specially designed or modified for the ``development'' or 
``production'' of:

[[Page 41113]]

    b.1. ``Digital computers'' having a ``composite theoretical 
performance'' (``CTP'') exceeding 75,000 MTOPS; or
    b.2. ``Electronic assemblies'' specially designed or modified 
for enhancing performance by aggregation of ``computing elements'' 
(``CEs'') so that the ``CTP'' of the aggregation exceeds the limit 
in 4D001.b.1.


0
28. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4E001 is amended by revising the License Requirements section, the 
``TSR'' paragraph in the License Exception section, and the ``items'' 
paragraph in the List of Items Controlled 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), and other specified technology, see 
List of Items Controlled.

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 the EAR for information on applicable licensing review 
policies.
    XP applies to ``technology'' for computers with a CTP greater 
than 190,000 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: * * *
TSR: Yes, except technology for commodities controlled by ECCN 
4A003.b or ECCN 4A003.c is limited to technology for computers or 
electronic assemblies with a CTP equal to or less than 190,000 
MTOPS.
CTP: * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. ``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).
    b. ``Technology'', other than that controlled by 4E001.a, 
specially designed or modified for the ``development'' or 
``production'' of:
    b.1. ``Digital computers'' having a ``composite theoretical 
performance'' (``CTP'') exceeding 75,000 MTOPS; or
    b.2. ``Electronic assemblies'' specially designed or modified 
for enhancing performance by aggregation of ``computing elements'' 
(``CEs'') so that the ``CTP'' of the aggregation exceeds the limit 
in 4E001.b.1.


0
29. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security'', Part I--
Telecommunications, Export Control Classification Number (ECCN) 5A001 
is amended by revising the License Requirements and License Exceptions 
sections, and revising the ``Related Controls'' and ``items'' 
paragraphs in the List of Items Controlled section, to read as follows:

5A001 Telecommunications systems, equipment, and components.

License Requirements

    Reason for Control: NS, AT.

------------------------------------------------------------------------
               Control(s)                          Country chart
------------------------------------------------------------------------
NS applies to 5A001.a, and .e...........  NS Column 1.
NS applies to 5A001.b, .c, or .d........  NS Column 2.
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.

License Exceptions

LVS: N/A for 5A001.a, b.5, .e $5000 for 5A001b.1, b.2, b.3, b.6, and 
.d $3000 for 5A001.c.
GBS: Yes, except 5A001.a, b.5, .e.
CIV: Yes, except 5A001.a, b.3, b.5, .e.

List of Items Controlled

    Unit: * * *
    Related Controls: Telecommunications equipment defined in 
5A001.a.1 through A001.a.3 for use on board satellites is subject to 
the export licensing authority of the Department of State, 
Directorate of Defense Trade Controls (22 CFR part 121). Direction 
finding equipment defined in 5A001.e is subject to the export 
licensing authority of the Department of State, Directorate of 
Defense Trade Controls (22 CFR part 121). See also 5A101 and 5A991.
    Related Definitions: * * *
    Items:
    a. Any type of telecommunications equipment having any of the 
following characteristics, functions or features:
    a.1. Specially designed to withstand transitory electronic 
effects or electromagnetic pulse effects, both arising from a 
nuclear explosion;
    a.2. Specially hardened to withstand gamma, neutron or ion 
radiation; or
    a.3. Specially designed to operate outside the temperature range 
from 218 K (-55 [deg]C) to 397 K (124 [deg]C).

    Note: 5A001.a.3 applies only to electronic equipment.


    Note: 5A001.a.2 and 5A001.a.3 do not apply to equipment on board 
satellites.

    b. Telecommunication transmission equipment and systems, and 
specially designed components and accessories therefor, having any 
of the following characteristics, functions or features:
    b.1 Being underwater communications systems having any of the 
following characteristics:
    b.1.a. An acoustic carrier frequency outside the range from 20 
kHz to 60 kHz;
    b.1.b. Using an electromagnetic carrier frequency below 30 kHz; 
or
    b.1.c. Using electronic beam steering techniques;
    b.2. Being radio equipment operating in the 1.5 MHz to 87.5 MHz 
band and having any of the following characteristics:
    b.2.a. Incorporating adaptive techniques providing more than 15 
dB suppression of an interfering signal; or
    b.2.b. Having all of the following:
    b.2.b.1. Automatically predicting and selecting frequencies and 
``total digital transfer rates'' per channel to optimize the 
transmission; and
    b.2.b.2. Incorporating a linear power amplifier configuration 
having a capability to support multiple signals simultaneously at an 
output power of 1 kW or more in the frequency range of 1.5 MHz or 
more but less

[[Page 41114]]

than 30 MHz, or 250 W or more in the frequency range of 30 MHz or 
more but not exceeding 87.5 MHz, over an ``instantaneous bandwidth'' 
of one octave or more and with an output harmonic and distortion 
content of better than -80 dB;
    b.3. Being radio equipment employing ``spread spectrum'' 
techniques, including ``frequency hopping'' techniques, having any 
of the following characteristics:
    b.3.a. User programmable spreading codes; or
    b.3.b. A total transmitted bandwidth which is 100 or more times 
the bandwidth of any one information channel and in excess of 50 
kHz;

    Note: 5A001.b.3.b does not control radio equipment specially 
designed for use with civil cellular radio-communications systems.


    Note: 5A001.b.3 does not control equipment operating at an 
output power of 1.0 Watt or less.

    b.4 Being radio equipment employing ``time-modulated ultra-
wideband'' techniques, having user programmable channelizing or 
scrambling codes;
    b.5. Being digitally controlled radio receivers having all of 
the following:
    b.5.a. More than 1,000 channels;
    b.5.b. A ``frequency switching time'' of less than 1 ms;
    b.5.c. Automatic searching or scanning of a part of the 
electromagnetic spectrum; and
    b.5.d. Identification of the received signals or the type of 
transmitter; or

    Note: 5A001.b.5 does not control radio equipment specially 
designed for use with civil cellular radio-communications systems.

    b.6. Employing functions of digital ``signal processing'' to 
provide voice coding output at rates of less than 2,400 bit/s.

    Technical Note: For variable rate voice coding, 5A001.b.6 
applies to the voice coding output of continuous speech.

    c. Optical fiber communication cables, optical fibers and 
accessories, as follows:
    c.1. Optical fibers of more than 500 m in length specified by 
the manufacturer as being capable of withstanding a proof test 
tensile stress of 2 x 10 \9\ N/m \2\ or more;

    Technical Note: Proof Test: On-line or off-line production 
screen testing that dynamically applies a prescribed tensile stress 
over a 0.5 to 3 m length of fiber at a running rate of 2 to 5 m/s 
while passing between capstans approximately 150 mm in diameter. The 
ambient temperature is a nominal 293 K (20 [deg]C) and relative 
humidity 40%. Equivalent national standards may be used for 
executing the proof test.

    c.2. Optical fiber cables and accessories designed for 
underwater use.

    Note: 5A001.c.2 does not control standard civil 
telecommunication cables and accessories.

    N.B. 1: For underwater umbilical cables, and connectors thereof, 
see 8A002.a.3.
    N.B. 2: For fiber-optic hull penetrators or connectors, see 
8A002.c.
    d. ``Electronically steerable phased array antennae'' operating 
above 31.8 GHz.

    Note: 5A001.d does not control ``electronically steerable phased 
array antennae'' for landing systems with instruments meeting ICAO 
standards covering microwave landing systems (MLS).

    e. Direction finding equipment operating at frequencies above 30 
MHz and having all of the following characteristics, and specially 
designed components therefor:
    e.1. ``Instantaneous bandwidth'' of 1 MHz or more;
    e.2. Parallel processing of more than 100 frequency channels; 
and
    e.3. Processing rate of more than 1,000 direction finding 
results per second and per frequency channel.


0
30. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors, Export Control Classification Number (ECCN) 6A001 
is amended by revising the ``LVS'' paragraph in the License Exceptions 
section, and the ``items'' paragraph in the List of Items Controlled 
section, to read as follows:

6A001 Acoustics.
* * * * *

License Exceptions

LVS: $3000; N/A for 6A001.a.1.b.1 object detection and location 
systems having a transmitting frequency below 5 kHz or a sound 
pressure level exceeding 210 dB (reference 1 [mu]Pa at 1 m) for 
equipment with an operating frequency in the band from 30 kHz to 2 
kHz inclusive; 6A001.a.2.a.1, a.2.a.2, 6A001.a.2.a.3, a.2.a.5, 
a.2.a.6, 6A001.a.2.b; processing equipment controlled by 
6A001.a.2.c, and specially designed for real time application with 
towed acoustic hydrophone arrays; a.2.e.1, a.2.e.2; and bottom or 
bay cable systems controlled by 6A001.a.2.f and having processing 
equipment specially designed for real time application with bottom 
or bay cable systems.
GBS: * * *
CIV: * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Marine acoustic systems, equipment and specially designed 
components therefor, as follows:
    a.1. Active (transmitting or transmitting-and-receiving) 
systems, equipment and specially designed components therefor, as 
follows:

    Note: 6A001.a.1 does not control:
    a. Depth sounders operating vertically below the apparatus, not 
including a scanning function exceeding 20[deg], and 
limited to measuring the depth of water, the distance of submerged 
or buried objects or fish finding;
    b. Acoustic beacons, as follows:
    1. Acoustic emergency beacons;
    2. Pingers specially designed for relocating or returning to an 
underwater position.

    a.1.a. Wide-swath bathymetric survey systems designed for sea 
bed topographic mapping, having all of the following:
    a.1.a.1. Being designed to take measurements at an angle 
exceeding 20[deg] from the vertical;
    a.1.a.2. Being designed to measure depths exceeding 600 m below 
the water surface; and
    a.1.a.3. Being designed to provide any of the following:
    a.1.a.3.a. Incorporation of multiple beams any of which is less 
than 1.9[deg]; or
    a.1.a.3.b. Data accuracies of better than 0.3% of water depth 
across the swath averaged over the individual measurements within 
the swath;
    a.1.b. Object detection or location systems having any of the 
following:
    a.1.b.1. A transmitting frequency below 10 kHz;
    a.1.b.2. Sound pressure level exceeding 224dB (reference 1 
[mu]Pa at 1 m) for equipment with an operating frequency in the band 
from 10 kHz to 24 kHz inclusive;
    a.1.b.3. Sound pressure level exceeding 235 dB (reference 1 
[mu]Pa at 1 m) for equipment with an operating frequency in the band 
between 24 kHz and 30 kHz;
    a.1.b.4. Forming beams of less than 1[deg] on any axis and 
having an operating frequency of less than 100 kHz;
    a.1.b.5. Designed to operate with an unambiguous display range 
exceeding 5,120 m; or
    a.1.b.6. Designed to withstand pressure during normal operation 
at depths exceeding 1,000 m and having transducers with any of the 
following:
    a.1.b.6.a. Dynamic compensation for pressure; or
    a.1.b.6.b. Incorporating other than lead zirconate titanate as 
the transduction element;
    a.1.c. Acoustic projectors, including transducers, incorporating 
piezoelectric, magnetostrictive, electrostrictive, electrodynamic or 
hydraulic elements operating individually or in a designed 
combination, having any of the following:

    Notes: 1. The control status of acoustic projectors, including 
transducers, specially designed for other equipment is determined by 
the control status of the other equipment.
    2. 6A001.a.1.c does not control electronic sources that direct 
the sound vertically only, or mechanical (e.g., air gun or vapor-
shock gun) or chemical (e.g., explosive) sources.

    a.1.c.1. An instantaneous radiated acoustic power density 
exceeding 0.01 mW/mm2/Hz for devices operating at 
frequencies below 10 kHz;
    a.1.c.2. A continuously radiated acoustic power density 
exceeding 0.001 Mw/mm2/Hz for devices operating at 
frequencies below 10 kHz; or

    Technical Note: Acoustic power density is obtained by dividing 
the output acoustic power by the product of the area of the 
radiating surface and the frequency of operation.

    a.1.c.3. Side-lobe suppression exceeding 22 dB;
    a.1.d. Acoustic systems, equipment and specially designed 
components for determining the position of surface vessels or 
underwater vehicles designed to operate at a range exceeding 1,000 m 
with a positioning

[[Page 41115]]

accuracy of less than 10 m rms (root mean square) when measured at a 
range of 1,000 m;

    Note: 6A001.a.1.d includes:
    a. Equipment using coherent ``signal processing'' between two or 
more beacons and the hydrophone unit carried by the surface vessel 
or underwater vehicle;
    b. Equipment capable of automatically correcting speed-of-sound 
propagation errors for calculation of a point.
    a.2. Passive (receiving, whether or not related in normal 
application to separate active equipment) systems, equipment and 
specially designed components therefor, as follows:
    a.2.a. Hydrophones having any of the following characteristics:


    Note: The control status of hydrophones specially designed for 
other equipment is determined by the control status of the other 
equipment.

    a.2.a.1. Incorporating continuous flexible sensing elements;
    a.2.a.2. Incorporating flexible assemblies of discrete sensing 
elements with either a diameter or length less than 20 mm and with a 
separation between elements of less than 20 mm;
    a.2.a.3. Having any of the following sensing elements:
    a.2.a.3.a. Optical fibers; or
    a.2.a.3.b. Piezoelectric polymer films other than 
polyvinylidene-fluoride (PVDF) and its co-polymers {P(VDF-TrFE) and 
P(VDF-TFE){time} ; or
    a.2.a.3.c. Flexible piezoelectric composites;
    a.2.a.4. A hydrophone sensitivity better than -180dB at any 
depth with no acceleration compensation;
    a.2.a.5. When designed to operate at depths exceeding 35 m with 
acceleration compensation; or
    a.2.a.6. Designed for operation at depths exceeding 1,000 m;

    Technical Notes: 1. ``Piezoelectric polymer film'' sensing 
elements consist of polarized polymer film that is stretched over 
and attached to a supporting frame or spool (mandrel).
    2. `Flexible piezoelectric composite' sensing elements consist 
of piezoelectric ceramic particles or fibers combined with an 
electrically insulating, acoustically transparent rubber, polymer or 
epoxy compound, where the compound is an integral part of the 
sensing elements.
    3. Hydrophone sensitivity is defined as twenty times the 
logarithm to the base 10 of the ratio of rms output voltage to a 1 V 
rms reference, when the hydrophone sensor, without a pre-amplifier, 
is placed in a plane wave acoustic field with an rms pressure of 1 
[mu]Pa. For example, a hydrophone of -160 dB (reference 1 V per 
[mu]Pa) would yield an output voltage of 10-8 V in such a 
field, while one of -180 dB sensitivity would yield only 
10-9 V output. Thus, -160 dB is better than -180 dB.

    a.2.b. Towed acoustic hydrophone arrays having any of the 
following:
    a.2.b.1. Hydrophone group spacing of less than 12.5 m or ``able 
to be modified'' to have hydrophone group spacing of less than 12.5 
m;
    a.2.b.2. Designed or `able to be modified' to operate at depths 
exceeding 35m;

    Technical Note: ``Able to be modified'' in 6A001.a.2.b means 
having provisions to allow a change of the wiring or 
interconnections to alter hydrophone group spacing or operating 
depth limits. These provisions are: spare wiring exceeding 10% of 
the number of wires, hydrophone group spacing adjustment blocks or 
internal depth limiting devices that are adjustable or that control 
more than one hydrophone group.

    a.2.b.3. Heading sensors controlled by 6A001.a.2.d;
    a.2.b.4. Longitudinally reinforced array hoses;
    a.2.b.5. An assembled array of less than 40 mm in diameter;
    a.2.b.6. Multiplexed hydrophone group signals designed to 
operate at depths exceeding 35 m or having an adjustable or 
removable depth sensing device in order to operate at depths 
exceeding 35 m; or
    a.2.b.7. Hydrophone characteristics controlled by 6A001.a.2.a;
    a.2.c. Processing equipment, specially designed for towed 
acoustic hydrophone arrays, having ``user accessible 
programmability'' and time or frequency domain processing and 
correlation, including spectral analysis, digital filtering and 
beamforming using Fast Fourier or other transforms or processes;
    a.2.d. Heading sensors having all of the following:
    a.2.d.1. An accuracy of better than 0.5[deg]; and
    a.2.d.2. Designed to operate at depths exceeding 35 m or having 
an adjustable or removable depth sensing device in order to operate 
at depths exceeding 35 m;
    a.2.e. Bottom or bay cable systems having any of the following:
    a.2.e.1. Incorporating hydrophones controlled by 6A001.a.2.a; or
    a.2.e.2. Incorporating multiplexed hydrophone group signal 
modules having all of the following characteristics:
    a.2.e.2.a. Designed to operate at depths exceeding 35 m or 
having an adjustable or removal depth sensing device in order to 
operate at depths exceeding 35 m; and
    a.2.e.2.b. Capable of being operationally interchanged with 
towed acoustic hydrophone array modules;
    a.2.f. Processing equipment, specially designed for bottom or 
bay cable systems, having ``user accessible programmability'' and 
time or frequency domain processing and correlation, including 
spectral analysis, digital filtering and beamforming using Fast 
Fourier or other transforms or processes;
    b. Correlation-velocity sonar log equipment designed to measure 
the horizontal speed of the equipment carrier relative to the sea 
bed at distances between the carrier and the sea bed exceeding 500 
m.


0
31. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors, Export Control Classification Number (ECCN) 6A002 
is amended by revising the ``items'' paragraph in the List of Items 
Controlled section, to read as follows:

6A002 Optical sensors.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls:
    Related Definitions: * * *
    Items:
    a. Optical detectors, as follows:

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


    N.B. Silicon and other material based ``microbolometer'' non 
``space-qualified'' ``focal plane arrays'' are only specified under 
6A002.a.3.f.

    a.1. ``Space-qualified'' solid-state detectors, as follows:
    a.1.a. ``Space-qualified'' solid-state detectors, having all of 
the following:
    a.1.a.1. A peak response in the wavelength range exceeding 10 nm 
but not exceeding 300 nm; and
    a.1.a.2. A response of less than 0.1% relative to the peak 
response at a wavelength exceeding 400 nm;
    a.1.b. ``Space-qualified'' solid-state detectors, having all of 
the following:
    a.1.b.1. A peak response in the wavelength range exceeding 900 
nm but not exceeding 1,200 nm; and
    a.1.b.2. A response ``time constant'' of 95 ns or less;
    a.1.c. ``Space-qualified'' solid-state detectors having a peak 
response in the wavelength range exceeding 1,200 nm but not 
exceeding 30,000 nm;
    a.2. Image intensifier tubes and specially designed components 
therefor, as follows:
    a.2.a. Image intensifier tubes having all of the following:
    a.2.a.1. A peak response in the wavelength range exceeding 400 
nm but not exceeding 1,050 nm;
    a.2.a.2. A microchannel plate for electron image amplification 
with a hole pitch (center-to-center spacing) of 12 [mu]m or less; 
and
    a.2.a.3. Any of the following photocathodes:
    a.2.a.3.a. S-20, S-25 or multialkali photocathodes with a 
luminous sensitivity exceeding 350 [mu]A/lm;
    a.2.a.3.b. GaAs or GaInAs photocathodes; or
    a.2.a.3.c. Other III-V compound semiconductor photocathodes;

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

    a.2.b. Specially designed components, as follows:
    a.2.b.1. Microchannel plates having a hole pitch (center-to-
center spacing) of 12 [mu]m or less;
    a.2.b.2. GaAs or GaInAs photocathodes;
    a.2.b.3. Other III-V compound semiconductor photocathodes;

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

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


[[Page 41116]]


    N.B. Silicon and other material based `microbolometer' non 
``space-qualified'' ``focal plane arrays'' are only specified in 
6A002.a.3.f.

    Technical Notes:
    1. Linear or two-dimensional multi-element detector arrays are 
referred to as ``focal plane arrays''.
    2. For the purposes of 6A002.a.3. `cross scan direction' is 
defined as the axis parallel to the linear array of detector 
elements and the `scan direction' is defined as the axis 
perpendicular to the linear array of detector elements.

    Note 1: 6A002.a.3 includes photoconductive arrays and 
photovoltaic arrays.


    Note 2: 6A002.a.3 does not control:

    a. Multi-element (not to exceed 16 elements) encapsulated 
photoconductive cells using either lead sulphide or lead selenide;
    b. Pyroelectric detectors using any of the following:
    b.1. Triglycine sulphate and variants;
    b.2. Lead-lanthanum-zirconium titanate and variants;
    b.3. Lithium tantalate;
    b.4. Polyvinylidene fluoride and variants; or
    b.5. Strontium barium niobate and variants.
    a.3.a. Non-``space-qualified'' ``focal plane arrays'', having 
all of the following:
    a.3.a.1. Individual elements with a peak response within the 
wavelength range exceeding 900 nm but not exceeding 1,050 nm; and
    a.3.a.2. A response ``time constant'' of less than 0.5 ns;
    a.3.b. Non-``space-qualified'' ``focal plane arrays'', having 
all of the following:
    a.3.b.1. Individual elements with a peak response in the 
wavelength range exceeding 1,050 nm but not exceeding 1,200 nm; and
    a.3.b.2. A response ``time constant'' of 95 ns or less;
    a.3.c. Non-``space-qualified'' non-linear (2-dimensional) 
``focal plane arrays'', having individual elements with a peak 
response in the wavelength range exceeding 1,200 nm but not 
exceeding 30,000 nm;

    N.B. Silicon and other material based `microbolometer' non-
``space-qualified'' ``focal plane arrays'' are only specified in 
6A002.a.3.f.

    a.3.d. Non-``space-qualified'' linear (1-dimensional) ``focal 
plane arrays'', having all of the following :
    a.3.d.1. Individual elements with a peak response in the 
wavelength range exceeding 1,200 nm but not exceeding 2,500 nm; and
    a.3.d.2. Any of the following:
    a.3.d.2.a. A ratio of scan direction dimension of the detector 
element to the cross-scan direction dimension of the detector 
element of less than 3.8; or
    a.3.d.2.b. Signal processing in the element (SPRITE);
    a.3.e. Non-``space-qualified'' linear (1-dimensional) ``focal 
plane arrays'', having individual elements with a peak response in 
the wavelength range exceeding 2,500 nm but not exceeding 30,000 nm.
    a.3.f. Non-``space-qualified'' non-linear (2-dimensional) 
infrared ``focal plane arrays'' based on `microbolometer' material 
having individual elements with an unfiltered response in the 
wavelength range equal to or exceeding 8,000 nm but not exceeding 
14,000 nm.
    Technical Notes:
    1. For the purposes of 6A002.a.3.f. `microbolometer' is defined 
as a thermal imaging detector that, as a result of a temperature 
change in the detector caused by the absorption of infrared 
radiation, is used to generate any usable signal.
    2. Non-imaging thermal detectors are not controlled by 
6A002.a.3. Imaging thermal detectors are a multi-element array of 
thermal detectors with the capacity to form a visual, electronic or 
other representation of an object with sufficient fidelity to enable 
understanding of its shape or other spatial characteristics, such as 
height, width, or area. A multi-element array of thermal detectors 
without the capacity to form spatial representation of an object is 
non-imaging.
    3. 6A002.a.3.f captures all non-``space-qualified'' non-linear 
(2-dimensional) infrared ``focal plane arrays'' based on 
microbolometer material having individual elements with any 
unfiltered response between 8,000 nm and 14,000 nm.
    b. ``Monospectral imaging sensors'' and ``multispectral imaging 
sensors'' designed for remote sensing applications, having any of 
the following:
    b.1. An Instantaneous-Field-Of-View (IFOV) of less than 200 
[mu]rad (microradians); or
    b.2. Being specified for operation in the wavelength range 
exceeding 400 nm but not exceeding 30,000 nm and having all the 
following;
    b.2.a. Providing output imaging data in digital format; and
    b.2.b. Being any of the following:
    b.2.b.1. ``Space-qualified'; or
    b.2.b.2. Designed for airborne operation, using other than 
silicon detectors, and having an IFOV of less than 2.5 mrad 
(milliradians).
    c. Direct view imaging equipment operating in the visible or 
infrared spectrum, incorporating any of the following:
    c.1. Image intensifier tubes having the characteristics listed 
in 6A002.a.2.a; or
    c.2. ``Focal plane arrays'' having the characteristics listed in 
6A002.a.3.

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


    Note: 6A002.c does not control the following equipment 
incorporating other than GaAs or GaInAs photocathodes:

    a. Industrial or civilian intrusion alarm, traffic or industrial 
movement control or counting systems;
    b. Medical equipment;
    c. Industrial equipment used for inspection, sorting or analysis 
of the properties of materials;
    d. Flame detectors for industrial furnaces;
    e. Equipment specially designed for laboratory use.
    d. Special support components for optical sensors, as follows:
    d.1. ``Space-qualified'' cryocoolers;
    d.2. Non-``space-qualified'' cryocoolers, having a cooling 
source temperature below 218 K (-55 [deg]C), as follows:
    d.2.a. Closed cycle type with a specified Mean-Time-To-Failure 
(MTTF), or Mean-Time-Between-Failures (MTBF), exceeding 2,500 hours;
    d.2.b. Joule-Thomson (JT) self-regulating minicoolers having 
bore (outside) diameters of less than 8 mm;
    d.3. Optical sensing fibers specially fabricated either 
compositionally or structurally, or modified by coating, to be 
acoustically, thermally, inertially, electromagnetically or nuclear 
radiation sensitive.
    e. ``Space qualified'' ``focal plane arrays'' having more than 
2,048 elements per array and having a peak response in the 
wavelength range exceeding 300 nm but not exceeding 900 nm.


0
32. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors, Export Control Classification Number (ECCN) 6A003 
is amended by revising the ``Items'' paragraphs in the List of Items 
Controlled section, to read as follows:

6A003 Cameras.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Instrumentation cameras and specially designed components 
therefor, as follows:

    Note: Instrumentation cameras, controlled by 6A003.a.3 to 
6A003.a.5, with modular structures should be evaluated by their 
maximum capability, using plug-ins available according to the camera 
manufacturer's specifications.

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

    Note: 6A003.a.1 does not control cinema recording cameras 
designed for civil purposes.

    a.2. Mechanical high speed cameras, in which the film does not 
move, capable of recording at rates exceeding 1,000,000 frames/s for 
the full framing height of 35 mm film, or at proportionately higher 
rates for lesser frame heights, or at proportionately lower rates 
for greater frame heights;
    a.3. Mechanical or electronic streak cameras having writing 
speeds exceeding 10 mm/[mu]s;
    a.4. Electronic framing cameras having a speed exceeding 
1,000,000 frames/s;
    a.5. Electronic cameras, having all of the following:

[[Page 41117]]

    a.5.a. An electronic shutter speed (gating capability) of less 
than 1 [mu]s per full frame; and
    a.5.b. A read out time allowing a framing rate of more than 125 
full frames per second.
    a.6. Plug-ins, having all of the following characteristics:
    a.6.a. Specially designed for instrumentation cameras which have 
modular structures and that are controlled by 6A003.a; and
    a.6.b. Enabling these cameras to meet the characteristics 
specified in 6A003.a.3, 6A003.a.4 or 6A003.a.5, according to the 
manufacturer's specifications.
    b. Imaging cameras, as follows:

    Note: 6A003.b does not control television or video cameras 
specially designed for television broadcasting.

    b.1. Video cameras incorporating solid state sensors, having a 
peak response in the wavelength range exceeding 10nm, but not 
exceeding 30,000 nm and having all of the following:
    b.1.a. Having any of the following:
    b.1.a.1. More than 4 x 10\6\ ``active pixels'' per solid state 
array for monochrome (black and white) cameras;
    b.1.a.2. More than 4 x 10\6\ ``active pixels'' per solid state 
array for color cameras incorporating three solid state arrays; or
    b.1.a.3. More than 12 x 10\6\ ``active pixels'' for solid state 
array color cameras incorporating one solid state array; and
    b.1.b. Having any of the following:
    b.1.b.1. Optical mirrors controlled by 6A004.a.;
    b.1.b.2. Optical control equipment controlled by 6A004.d.; or
    b.1.b.3. The capability for annotating internally generated 
camera tracking data.
    Technical Notes:
    1. For the purposes of this entry, digital video cameras should 
be evaluated by the maximum number of ``active pixels'' used for 
capturing moving images.
    2. For the purpose of this entry, camera tracking data is the 
information necessary to define camera line of sight orientation 
with respect to the earth. This includes: (1) the horizontal angle 
the camera line of sight makes with respect to the earth's magnetic 
field direction and; (2) the vertical angle between the camera line 
of sight and the earth's horizon.
    b.2. Scanning cameras and scanning camera systems, having all of 
the following:
    b.2.a. A peak response in the wavelength range exceeding 10 nm, 
but not exceeding 30,000 nm;
    b.2.b. Linear detector arrays with more than 8,192 elements per 
array; and
    b.2.c. Mechanical scanning in one direction;
    b.3. Imaging cameras incorporating image intensifier tubes 
having the characteristics listed in 6A002.a.2.a;
    b.4. Imaging cameras incorporating ``focal plane arrays'' having 
any of the following:
    b.4.a. Incorporating ``focal plane arrays'' controlled by 
6A002.a.3.a. to 6A002.a.3.e.; or
    b.4.b. Incorporating ``focal plane arrays'' controlled by 
6A002.a.3.f.

    Note 1: ``Imaging cameras'' described in 6A003.b.4 include 
``focal plane arrays'' combined with sufficient signal processing 
electronics, beyond the read out integrated circuit, to enable as a 
minimum the output of an analog or digital signal once power is 
supplied.


    Note 2: 6A003.b.4.a does not control imaging cameras 
incorporating linear ``focal plane arrays'' with twelve elements or 
fewer, not employing time-delay-and-integration within the element, 
designed for any of the following:

    a. Industrial or civilian intrusion alarm, traffic or industrial 
movement control or counting systems;
    b. Industrial equipment used for inspection or monitoring of 
heat flows in buildings, equipment or industrial processes;
    c. Industrial equipment used for inspection, sorting or analysis 
of the properties of materials;
    d. Equipment specially designed for laboratory use; or
    e. Medical equipment.

    Note 3: 6A003.b.4.b. does not control imaging cameras having any 
of the following characteristics:

    a. A maximum frame rate equal to or less than 9 Hz;
    b. Having all of the following:
    1. Having a minimum horizontal or vertical Instantaneous-Field-
of-View (IFOV) of at least 10 mrad/pixel (milliradians/pixel);
    2. Incorporating a fixed focal-length lens that is not designed 
to be removed;
    3. Not incorporating a direct view display, and

    Technical Note: ``Direct view'' refers to an imaging camera 
operating in the infrared spectrum that presents a visual image to a 
human observer using a near-to-eye micro display incorporating any 
light-security mechanism.

    4. Having any of the following:
    a. No facility to obtain a viewable image of the detected field-
of-view, or
    b. The camera is designed for a single kind of application and 
designed not to be user modified, or

    Technical Note: Instantaneous Field of View (IFOV) specified in 
Note 3.b is the lesser figure of the Horizontal FOV or the Vertical 
FOV.


Horizontal IFOV = horizontal Field of View (FOV) / number of 
horizontal detector elements

Vertical IFOV = vertical Field of View (FOV) / number of vertical 
detector elements

    c. Where the camera is specially designed for installation into 
a civilian passenger land vehicle of less than three tons (gross 
vehicle weight) and having all of the following:
    1. Is operable only when installed in any of the following:
    a. The civilian passenger land vehicle for which it was 
intended; or
    b. A specially designed, authorized maintenance test facility; 
and
    2. Incorporates an active mechanism that forces the camera not 
to function when it is removed from the vehicle for which it was 
intended.

    Note: When necessary, details of the items will be provided, 
upon request, to the Bureau of Industry and Security in order to 
ascertain compliance with the conditions described in Note 3.b.4. 
and Note 3.c. in this Note to 6A003.b.4.b.


0
33. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors, Export Control Classification Number (ECCN) 6A006 
is amended by revising the ``LVS'' paragraph in the License Exceptions 
section, and the ``items'' paragraph in the List of Items Controlled 
section, to read as follows:

6A006 ``Magnetometers'', ``magnetic gradiometers'', ``intrinsic 
magnetic gradiometers'' and compensation systems, and specially 
designed components therefor, as follows (see List of Items 
Controlled).
* * * * *

License Exceptions

LVS: $1500, N/A for 6A006.a.1; ``Magnetometers'' and subsystems 
defined in 6A006.a.2 using optically pumped or nuclear precession 
(proton/Overhauser) having a ``noise level'' (sensitivity) lower 
(better) than 2 pT rms per square root Hz; and 6A006.c.
GBS: * * *
CIV: * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. ``Magnetometers'' and subsystems, as follows:
    a.1. Using ``superconductive'' (SQUID) ``technology'' and having 
any of the following characteristics:
    a.1.a. SQUID systems designed for stationary operation, without 
specially designed subsystems designed to reduce in-motion noise, 
and having a ``noise level'' (sensitivity) equal to or lower 
(better) than 50 fT (rms) per square root Hz at a frequency of 1 Hz; 
or
    a.1.b. SQUID systems having an in-motion-magnetometer ``noise 
level'' (sensitivity) lower (better) than 20 pT (rms) per square 
root Hz at a frequency of 1 Hz and specially designed to reduce in-
motion noise;
    a.2. Using optically pumped or nuclear precession (proton/
Overhauser) ``technology'' having a ``noise level'' (sensitivity) 
lower (better) than 20 pT (rms) per square root Hz;
    a.3. Using fluxgate ``technology'' having a ``noise level'' 
(sensitivity) equal to or lower (better) than 10 pT (rms) per square 
root Hz at a frequency of 1 Hz;
    a.4. Induction coil ``magnetometers'' having a ``noise level'' 
(sensitivity) lower (better) than any of the following:
    a.4.a. 0.05 nT rms/square root Hz at frequencies of less than 1 
Hz;
    a.4.b. 1 x 10-\3\ nT rms/square root Hz at 
frequencies of 1 Hz or more but not exceeding 10 Hz; or
    a.4.c. 1 x 10-\4\ nT rms/square root Hz at 
frequencies exceeding 10 Hz;
    a.5. Fiber optic ``magnetometers'' having a ``noise level'' 
(sensitivity) lower (better) than 1 nT rms per square root Hz;

[[Page 41118]]

    b. Magnetic gradiometers, as follows:
    b.1. ``Magnetic gradiometers'' using multiple ``magnetometers'' 
controlled by 6A006.a;
    b.2. Fiber optic ``intrinsic magnetic gradiometers'' having a 
magnetic gradient field ``noise level'' (sensitivity) lower (better) 
than 0.3 nT/m rms per square root Hz;
    b.3. ``Intrinsic magnetic gradiometers'', using ``technology'' 
other than fiber-optic ``technology'', having a magnetic gradient 
field ``noise level'' (sensitivity) lower (better) than 0.015 nT/m 
rms per square root Hz; and
    c. Magnetic compensation systems for magnetic sensors designed 
for operation on mobile platforms.


0
34. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors, Export Control Classification Number (ECCN) 6A993 
is added after ECCN 6A992 and before ECCN 6A994, to read as follows:


6A993 Cameras, not controlled by 6A003 or 6A203, as follows (see 
List of Items Controlled).

License Requirements

    Reason for Control: AT

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

License Exceptions

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

List of Items Controlled

    Unit: Number
    Related Controls: N/A
    Related Definitions: N/A
    Items:
    a. Cameras that meet the criteria of Note 3 to 6A003.b.4.
    b. [Reserved.]


0
35. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors, Export Control Classification Number (ECCN) 6A996 
is amended by revising the heading and the ``items'' paragraph in the 
List of Items Controlled section, to read as follows:

6A996 ``Magnetometers'' not controlled by ECCN 6A006, 
``Superconductive'' electromagnetic sensors, and specially designed 
components therefor, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. ``Magnetometers'', n.e.s., having a ``noise level'' 
(sensitivity) lower (better) than 1.0 nT rms per square root Hz.
    b. ``Superconductive'' electromagnetic sensors, components 
manufactured from ``superconductive'' materials:
    b.1. Designed for operation at temperatures below the ``critical 
temperature'' of at least one of their ``superconductive'' 
constituents (including Josephson effect devices or 
``superconductive'' quantum interference devices (SQUIDS));
    b.2. Designed for sensing electromagnetic field variations at 
frequencies of 1 KHz or less; and
    b.3. Having any of the following characteristics:
    b.3.a. Incorporating thin-film SQUIDS with a minimum feature 
size of less than 2 [mu]m and with associated input and output 
coupling circuits;
    b.3.b. Designed to operate with a magnetic field slew rate 
exceeding 1 x 10 \6\ magnetic flux quanta per second;
    b.3.c. Designed to function without magnetic shielding in the 
earth's ambient magnetic field; or
    b.3.d. Having a temperature coefficient less (smaller) than 0.1 
magnetic flux quantum/K.


0
36. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors, Export Control Classification Number (ECCN) 6E001 
is amended by revising the License Exceptions section, to read as 
follows:

6E001 ``Technology'' according to the General Technology Note for 
the ``development'' of equipment, materials or ``software'' 
controlled by 6A (except 6A991, 6A992, 6A994, 6A995, 6A996, 6A997, 
or 6A998), 6B (except 6B995), 6C (except 6C992 or 6C994), or 6D 
(except 6D991, 6D992, or 6D993).
* * * * *

License Exceptions

CIV: N/A
TSR: Yes, except for the following:

    (1) Items controlled for MT reasons;
    (2) ``Technology'' for commodities controlled by 6A002.e, 
6A004.e, or 6A008.j.1;
    (3) ``Technology'' for ``software'' specially designed for 
``space qualified'' ``laser'' radar or Light Detection and Ranging 
(LIDAR) equipment defined in 6A008.j.1 and controlled by 6D001 or 
6D002;
    (4) Exports or reexports to destinations outside of Austria, 
Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, 
Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, 
or the United Kingdom of ``technology'' for the ``development'' of 
the following: (a) Items controlled by 6A001.a.1.b.1, 6A001.a.2.a.1, 
6A001.a.2.a.2, 6A001.a.2.a.3, 6A001.a.2.a.5, 
6A001.a.2.a.6,6A001.a.2.b, 6A001.a.2.e., 6A002.a.1.c, 6A008.l.3, 
6B008, 6D003.a; (b) Equipment controlled by 6A001.a.2.c or 
6A001.a.2.f when specially designed for real time applications; or 
(c) ``Software'' controlled by 6D001 and specially designed for the 
``development'' or ``production'' of equipment controlled by 
6A008.l.3 or 6B008; or
    (5) Exports or reexports to Rwanda.
* * * * *


0
37. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors, Export Control Classification Number (ECCN) 6E002 
is amended by revising the License Exceptions section, to read as 
follows:

6E002 ``Technology'' according to the General Technology Note for 
the ``production'' of equipment or materials controlled by 6A 
(except 6A991, 6A992, 6A994, 6A995, 6A996, 6A997 or 6A998), 6B 
(except 6B995) or 6C (except 6C992 or 6C994).
* * * * *

License Exceptions

CIV: N/A
TSR: Yes, except for the following:

    (1) Items controlled for MT reasons;
    (2) ``Technology'' for commodities controlled by 6A002.e, 
6A004.e, 6A008.j.1;
    (3) Exports or reexports to destinations outside of Austria, 
Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, 
Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, 
or the United Kingdom of ``technology'' for the ``development'' of 
the following: (a) Items controlled by 6A001.a.1.b.1, 6A001.a.2.a.1, 
6A001.a.2.a.2, 6A001.a.2.a.3, 6A001.a.2.a.5, 6A001.a.2.a.6, 
6A001.a.2.b, and 6A001.a.2.c; and (b) Equipment controlled by 
6A001.a.2.e and 6A001.a.2.f when specially designed for real time 
applications; or (c) ``Software'' controlled by 6D001 and specially 
designed for the ``development'' or ``production'' of equipment 
controlled by 6A002.a.1.c, 6A008.l.3 or 6B008; or
    (4) Exports or reexports to Rwanda.
* * * * *


0
38. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors, Export Control Classification Number (ECCN) 6E003 
is amended by revising the ``items'' paragraph in the List of Items 
Controlled section, to read as follows:

6E003 Other ``technology'', as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Acoustics. None.
    b. Optical sensors. None.
    c. Cameras. None.
    d. Optics, ``technology'', as follows:

[[Page 41119]]

    d.1. Optical surface coating and treatment ``technology'' 
``required'' to achieve uniformity of 99.5% or better for optical 
coatings 500 mm or more in diameter or major axis length and with a 
total loss (absorption and scatter) of less than 5 x 
10-3;

    N.B.: See also 2E003.f.

    d.2. Optical fabrication ``technology'' using single point 
diamond turning techniques to produce surface finish accuracies of 
better than 10 nm rms on non-planar surfaces exceeding 0.5 
m2;
    e. Lasers. ``Technology'' ``required'' for the ``development'', 
``production'' or ``use'' of specially designed diagnostic 
instruments or targets in test facilities for ``SHPL'' testing or 
testing or evaluation of materials irradiated by ``SHPL'' beams;
    f. Magnetometers. None
    g. Gravimeters. None
    h. Radar. None


0
39. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors, Export Control Classification Number (ECCN) 6E991 
is amended by revising the heading to read as follows:

6E991 ``Technology'' for the ``development'', ``production'' or 
``use'' of equipment controlled by 6A991, 6A996, 6A997, or 6A998.
* * * * *


0
40. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors, Export Control Classification Number (ECCN) 6E993 
is amended by revising the heading and the ``items'' paragraph in the 
List of Items Controlled section, to read as follows:

6E993 Other ``technology'', not controlled by 6E003, as follows (see 
List of Items Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Optical fabrication technologies for serially producing 
optical components at a rate exceeding 10 m2 of surface 
area per year on any single spindle and with:
    a.1. An area exceeding 1 m2; and
    a.2. A surface figure exceeding lambda/10 rms at the designed 
wavelength;
    b. ``Technology'' for optical filters with a bandwidth equal to 
or less than 10 nm, a field of view (FOV) exceeding 40[deg] and a 
resolution exceeding 0.75 line pairs per milliradian;
    c. ``Technology'' for the ``development'' or ``production'' of 
cameras controlled by 6A993;
    d. ``Technology'' ``required'' for the ``development'' or 
``production'' of non-triaxial fluxgate ``magnetometers'' or non-
triaxial fluxgate ``magnetometer'' systems, having any of the 
following:
    d.1. A ``noise level'' of less than 0.05 nT rms per square root 
Hz at frequencies of less than 1 Hz; or
    d.2. A ``noise level'' of less than 1 x 10-3 nT rms 
per square root Hz at frequencies of 1 Hz or more.


0
41. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A002 is amended by revising the License Requirements 
section, and the ``items'' paragraph in the List of Items Controlled 
section, to read as follows:

7A002 Gyros, and angular or rotational accelerometers, having any of 
the following characteristics (see List of Items Controlled), and 
specially designed components therefor.

License Requirements

    Reason for Control: NS, MT, AT

------------------------------------------------------------------------
               Control(s)                          Country chart
------------------------------------------------------------------------
NS applies to entire entry..............  NS Column 1.
MT applies to, commodities described in   MT Column 1.
 this entry that meet the parameters of
 7A102.
AT applies to entire entry..............  AT Column 1.
------------------------------------------------------------------------

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. A ``drift rate'' ``stability'', when measured in a 1 g 
environment over a period of one month and with respect to a fixed 
calibration value, of:
    a.1. Less (better) than 0.1 degree per hour when specified to 
function at linear acceleration levels below 12 g; or
    a.2. Less (better) than 0.5 degree per hour when specified to 
function at linear acceleration levels from 12 g to 100 g inclusive;
    b. An angle random walk of less (better) than or equal to 0.0035 
degree per square root hour; or

    Note: 7A002.b does not control spinning mass gyros (spinning 
mass gyros are gyros which use a continually rotating mass to sense 
angular motion).


    Technical Note: For the purpose of 7A002.b, ``angle random 
walk'' is the angular error buildup with time that is due to white 
noise in angular rate. (IEEE STD 528-2001).

    c. Specified to function at linear acceleration levels exceeding 
100 g.

0
42. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A007 is removed.


0
43. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 8--Marine, Export Control Classification Number (ECCN) 8A002 
is amended by revising the ``items'' paragraph in the List of Items 
Controlled section, to read as follows:

8A002 Systems and equipment, as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Systems and equipment, specially designed or modified for 
submersible vehicles, designed to operate at depths exceeding 1,000 
m, as follows:
    a.1. Pressure housings or pressure hulls with a maximum inside 
chamber diameter exceeding 1.5 m;
    a.2. Direct current propulsion motors or thrusters;
    a.3. Umbilical cables, and connectors therefor, using optical 
fiber and having synthetic strength members;
    b. Systems specially designed or modified for the automated 
control of the motion of submersible vehicles controlled by 8A001 
using navigation data and having closed loop servo-controls:
    b.1. Enabling a vehicle to move within 10 m of a predetermined 
point in the water column;
    b.2. Maintaining the position of the vehicle within 10 m of a 
predetermined point in the water column; or
    b.3. Maintaining the position of the vehicle within 10 m while 
following a cable on or under the seabed;
    c. Fiber optic hull penetrators or connectors;
    d. Underwater vision systems, as follows:
    d.1. Television systems and television cameras, as follows:
    d.1.a. Television systems (comprising camera, monitoring and 
signal transmission equipment) having a limiting resolution when 
measured in air of more than 800 lines and specially designed or 
modified for remote operation with a submersible vehicle;
    d.1.b. Underwater television cameras having a limiting 
resolution when measured in air of more than 1,100 lines;
    d.1.c. Low light level television cameras specially designed or 
modified for underwater use containing all of the following:

[[Page 41120]]

    d.1.c.1. Image intensifier tubes controlled by 6A002.a.2.a; and
    d.1.c.2. More than 150,000 ``active pixels'' per solid state 
area array;

    Technical Note: Limiting resolution in television is a measure 
of horizontal resolution usually expressed in terms of the maximum 
number of lines per picture height discriminated on a test chart, 
using IEEE Standard 208/1960 or any equivalent standard.

    d.2. Systems, specially designed or modified for remote 
operation with an underwater vehicle, employing techniques to 
minimize the effects of back scatter, including range-gated 
illuminators or ``laser'' systems;
    e. Photographic still cameras specially designed or modified for 
underwater use below 150 m having a film format of 35 mm or larger, 
and having any of the following:
    e.1. Annotation of the film with data provided by a source 
external to the camera;
    e.2. Automatic back focal distance correction; or
    e.3. Automatic compensation control specially designed to permit 
an underwater camera housing to be usable at depths exceeding 1,000 
m;
    f. Electronic imaging systems, specially designed or modified 
for underwater use, capable of storing digitally more than 50 
exposed images;
    g. Light systems, as follows, specially designed or modified for 
underwater use:
    g.1. Stroboscopic light systems capable of a light output energy 
of more than 300 J per flash and a flash rate of more than 5 flashes 
per second;
    g.2. Argon arc light systems specially designed for use below 
1,000 m;
    h. ``Robots'' specially designed for underwater use, controlled 
by using a dedicated computer, having any of the following:
    h.1. Systems that control the ``robot'' using information from 
sensors which measure force or torque applied to an external object, 
distance to an external object, or tactile sense between the 
``robot'' and an external object; or
    h.2. The ability to exert a force of 250 N or more or a torque 
of 250 Nm or more and using titanium based alloys or ``fibrous or 
filamentary'' ``composite'' materials in their structural members;
    i. Remotely controlled articulated manipulators specially 
designed or modified for use with submersible vehicles, having any 
of the following:
    i.1. Systems which control the manipulator using the information 
from sensors which measure the torque or force applied to an 
external object, or tactile sense between the manipulator and an 
external object; or
    i.2. Controlled by proportional master-slave techniques or by 
using a dedicated computer, and having 5 degrees of freedom of 
movement or more;

    Note: Only functions having proportional control using 
positional feedback or by using a dedicated computer are counted 
when determining the number of degrees of freedom of movement.

    j. Air independent power systems, specially designed for 
underwater use, as follows:
    j.1. Brayton or Rankine cycle engine air independent power 
systems having any of the following:
    j.1.a. Chemical scrubber or absorber systems specially designed 
to remove carbon dioxide, carbon monoxide and particulates from 
recirculated engine exhaust;
    j.1.b. Systems specially designed to use a monoatomic gas;
    j.1.c. Devices or enclosures specially designed for underwater 
noise reduction in frequencies below 10 kHz, or special mounting 
devices for shock mitigation; or
    j.1.d. Systems specially designed:
    j.1.d.1. To pressurize the products of reaction or for fuel 
reformation;
    j.1.d.2. To store the products of the reaction; and
    j.1.d.3. To discharge the products of the reaction against a 
pressure of 100 kPa or more;
    j.2. Diesel cycle engine air independent systems, having all of 
the following:
    j.2.a. Chemical scrubber or absorber systems specially designed 
to remove carbon dioxide, carbon monoxide and particulates from 
recirculated engine exhaust;
    j.2.b. Systems specially designed to use a monoatomic gas;
    j.2.c. Devices or enclosures specially designed for underwater 
noise reduction in frequencies below 10 kHz or special mounting 
devices for shock mitigation; and
    j.2.d. Specially designed exhaust systems that do not exhaust 
continuously the products of combustion;
    j.3. Fuel cell air independent power systems with an output 
exceeding 2 kW having any of the following:
    j.3.a. Devices or enclosures specially designed for underwater 
noise reduction in frequencies below 10 kHz or special mounting 
devices for shock mitigation; or
    j.3.b. Systems specially designed:
    j.3.b.1. To pressurize the products of reaction or for fuel 
reformation;
    j.3.b.2. To store the products of the reaction; and
    j.3.b.3. To discharge the products of the reaction against a 
pressure of 100 kPa or more;
    j.4. Stirling cycle engine air independent power systems, having 
all of the following:
    j.4.a. Devices or enclosures specially designed for underwater 
noise reduction in frequencies below 10 kHz or special mounting 
devices for shock mitigation; and
    j.4.b. Specially designed exhaust systems which discharge the 
products of combustion against a pressure of 100 kPa or more;
    k. Skirts, seals and fingers, having any of the following:
    k.1. Designed for cushion pressures of 3,830 Pa or more, 
operating in a significant wave height of 1.25 m (Sea State 3) or 
more and specially designed for surface effect vehicles (fully 
skirted variety) controlled by 8A001.f; or
    k.2. Designed for cushion pressures of 6,224 Pa or more, 
operating in a significant wave height of 3.25 m (Sea State 5) or 
more and specially designed for surface effect vehicles (rigid 
sidewalls) controlled by 8A001.g;
    l. Lift fans rated at more than 400 kW specially designed for 
surface effect vehicles controlled by 8A001.f or 8A001.g;
    m. Fully submerged subcavitating or supercavitating hydrofoils 
specially designed for vessels controlled by 8A001.h;
    n. Active systems specially designed or modified to control 
automatically the sea-induced motion of vehicles or vessels 
controlled by 8A001.f, 8A001.g, 8A001.h or 8A001.i;
    o. Propellers, power transmission systems, power generation 
systems and noise reduction systems, as follows:
    o.1. Water-screw propeller or power transmission systems, as 
follows, specially designed for surface effect vehicles (fully 
skirted or rigid sidewall variety), hydrofoils or small waterplane 
area vessels controlled by 8A001.f, 8A001.g, .8A001.h or 8A001.i:
    o.1.a. Supercavitating, super-ventilated, partially-submerged or 
surface piercing propellers rated at more than 7.5 MW;
    o.1.b. Contrarotating propeller systems rated at more than 15 
MW;
    o.1.c. Systems employing pre-swirl or post-swirl techniques for 
smoothing the flow into a propeller;
    o.1.d. Light-weight, high capacity (K factor exceeding 300) 
reduction gearing;
    o.1.e. Power transmission shaft systems, incorporating 
``composite'' material components, capable of transmitting more than 
1 MW;
    o.2. Water-screw propeller, power generation systems or 
transmission systems designed for use on vessels, as follows:
    o.2.a. Controllable-pitch propellers and hub assemblies rated at 
more than 30 MW;
    o.2.b. Internally liquid-cooled electric propulsion engines with 
a power output exceeding 2.5 MW;
    o.2.c. ``Superconductive'' propulsion engines, or permanent 
magnet electric propulsion engines, with a power output exceeding 
0.1 MW;
    o.2.d. Power transmission shaft systems, incorporating 
``composite'' material components, capable of transmitting more than 
2 MW;
    o.2.e. Ventilated or base-ventilated propeller systems rated at 
more than 2.5 MW;
    o.3. Noise reduction systems designed for use on vessels of 
1,000 tons displacement or more, as follows:
    o.3.a. Systems that attenuate underwater noise at frequencies 
below 500 Hz and consist of compound acoustic mounts for the 
acoustic isolation of diesel engines, diesel generator sets, gas 
turbines, gas turbine generator sets, propulsion motors or 
propulsion reduction gears, specially designed for sound or 
vibration isolation, having an intermediate mass exceeding 30% of 
the equipment to be mounted;
    o.3.b. Active noise reduction or cancellation systems, or 
magnetic bearings, specially designed for power transmission 
systems, and incorporating electronic control systems capable of 
actively reducing equipment vibration by the generation of anti-
noise or anti-vibration signals directly to the source;
    p. Pumpjet propulsion systems having a power output exceeding 
2.5 MW using divergent nozzle and flow conditioning vane

[[Page 41121]]

techniques to improve propulsive efficiency or reduce propulsion-
generated underwater-radiated noise.
    q. Self-contained, closed or semi-closed circuit (rebreathing) 
diving and underwater swimming apparatus.

    Note: 8A002.q does not control an individual apparatus for 
personal use when accompanying its user.



0
44. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Propulsion Systems, Space Vehicles and Related Equipment, 
Export Control Classification Number (ECCN) 9A001 is amended by 
revising the ``items'' paragraph in the List of Items Controlled 
section, to read as follows:

9A001 Aero gas turbine engines having any of the following (see List 
of Items Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Incorporating any of the technologies controlled by 9E003.a.; 
or

    Note: 9A001.a. does not control aero gas turbine engines which 
meet all of the following:

    1. Certified by the civil aviation authority in a country listed 
in Supplement No. 1 to part 743; and
    2. Intended to power non-military manned aircraft for which a 
civil Type Certificate has been issued by a country listed in 
Supplement No. 1 to part 743.
    b. Designed to power an aircraft designed to cruise at Mach 1 or 
higher for more than 30 minutes.


    Dated: July 1, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 05-13581 Filed 7-14-05; 8:45 am]
BILLING CODE 3510-33-P