[Federal Register Volume 71, Number 173 (Thursday, September 7, 2006)]
[Rules and Regulations]
[Pages 52956-52979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7385]



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Part IV





Department of Commerce





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 Bureau of Industry and Security



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15 CFR Parts 740, 743, 772 and 774



 December 2005 Wassenaar Arrangement Plenary Agreement Implementation; 
Final Rule

  Federal Register / Vol. 71, No. 173 / Thursday, September 7, 2006 / 
Rules and Regulations  

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 743, 772 and 774

[Docket No. 060807211-6211-01]
RIN 0694-AD 73


December 2005 Wassenaar Arrangement Plenary Agreement 
Implementation: Categories 1, 2, 3, 5 Part I (Telecommunications), 5 
Part II (Information Security), 6, 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 the 
Export Administration Regulations (EAR) to implement changes made to 
the Wassenaar Arrangement's List of Dual-Use Goods and Technologies 
(Wassenaar List), 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, or WA.) The Wassenaar Arrangement advocates 
implementation of effective export controls on strategic items with the 
objective of improving regional and international security and 
stability. To accommodate the changes to the Wassenaar List, this rule 
revises the EAR by amending certain entries that are controlled for 
national security reasons in Categories 1, 2, 3, 5 Part I 
(Telecommunications), 5 Part II (Information Security), 6, 8, and 9, 
and by amending the EAR Definitions.
    The purpose of this final rule is to make the necessary changes to 
the CCL, definitions of terms used in the EAR, and Wassenaar reporting 
requirements to implement Wassenaar List revisions that were agreed 
upon in the December 2005 Wassenaar Arrangement Plenary Meeting. In 
addition, this rule adds Croatia, Estonia, Latvia, Lithuania, South 
Africa, and Malta to the list of Wassenaar participating states in the 
EAR, which brings the total number of participating states to 40.
    This rule also adds or expands unilateral U.S. controls and 
national security controls on certain items to make them consistent 
with the amendments made to implement the Wassenaar Arrangement's 
decisions.

DATES: Effective Date: This rule is effective September 7, 2006.

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 5 Part 1: Joe Young 202-482-4197.
    Category 5 Part 2: Joe Young 202-482-4197.
    Category 6: Chris Costanzo 202-482-0718.
    Categories 7 and 8: Dan Squire 202-482-3710.
    Categories 8 and 9: Gene Christensen 202-482-2984.
    Comments regarding the collections of information associated with 
this rule, including suggestions for reducing the burden, should be 
sent to OMB Desk Officer, New Executive Office Building, Washington, DC 
20503--Attention: David Rostker; and to the Office of Administration, 
Bureau of Industry and Security, Department of Commerce, 14th and 
Pennsylvania Avenue, NW., Room 6883, Washington, DC 20230.

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 or WA). 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 Croatia, Estonia, Latvia, Lithuania, Malta, and South 
Africa

    In April-June 2005, consultations resulted in decisions to admit 
Croatia, Estonia, Latvia, Lithuania and Malta to the Wassenaar 
Arrangement as new Participating States, and in December 2005 at the 
Plenary meeting, South Africa was added as a new Participating State. 
To reflect this change, this rule adds Croatia, Estonia, Latvia, 
Lithuania, Malta, and South Africa to the list of Wassenaar Arrangement 
Participating States in Supplement No. 1 to Part 743 of the EAR.

Expansion or New Export Controls

    New or expanded anti-terrorism (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 1E998, 2B006.b.1.d, 2D001, 2E001, 2E002, 2E201, 5A001.f, 
5A002.a.9, 5D001, 5D002 , 5E001, 5E002, 6A006.b, 6D003.f, 6E003.f, 
9A012.b, 9B010, 9E001, 9E003.a.11 for AT reasons to Cuba, Iran, North 
Korea, Sudan and Syria, in addition to the national security controls 
imposed to implement the Wassenaar Arrangement's decisions, because 
under Section 6(j) of the Export Administration Act of 1979 a license 
is required for items that could make a significant contribution to the 
military potential of such country or could enhance the ability of such 
country to support acts of international terrorism. There is a general 
policy of denial for applications to terrorism supporting countries, as 
set forth in Part 742 of the EAR. In addition, certain of these 
countries are also subject to embargoes, as set forth in Part 746 of 
the EAR and Supplement No. 1 to Part 736 of the EAR for Syria. 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 of the EAR; license applications to these parties 
are reviewed under a general policy of denial.
    New or expanded significant items (SI) controls imposed by this 
rule. Through the adoption of revisions by WA, this rule imposes 
foreign policy controls pursuant to section 6 of the Export 
Administration Act of 1979, as amended to export and reexport 
technology required for the development, production or overhaul of 
commercial aircraft engines controlled under ECCN 9E003.a.11 for SI 
reasons to all countries, except Canada, in addition to the national 
security controls imposed to implement the Wassenaar

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Arrangement's decisions. Applications to export and reexport this 
technology will be reviewed on a case-by-case basis to determine 
whether the export or reexport is consistent with U.S. national 
security and foreign policy interests. For designated terrorism-
supporting countries or embargoed countries, the applicable licensing 
policies are found in Parts 742 and 746 of the EAR, and Supplement No. 
1 to Part 736 of the EAR for Syria.
    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 2B006.b.1.d, 5A001.f, 6A006.b, to 
destinations that are not Country Group A:1 destinations, or that are 
not cooperating countries (see Supplement No. 1 to Part 740 of the 
EAR). These destinations have an ``X'' indicated in NS column 2 on the 
Commerce Country Chart of Supplement No. 1 to Part 738 of the EAR. The 
purpose of the controls is to ensure that these items do not make a 
contribution to the military potential of such destination countries 
that would prove detrimental to the national security of the United 
States. For designated terrorism-supporting countries or embargoed 
countries, the applicable licensing policies are found in Parts 742 and 
746 of the EAR, and Supplement No. 1 to Part 736 of the EAR for Syria.
    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 to all destinations, except Canada, of 
commodities (and related software and technology) described in ECCNs 
2D001, 2E001, 2E002, 5A002.a.9, 5D002, 5E002, 6D003.f, 6E003.f, 
9A012.b, 9B010, 9D001 and 9D002 (only software for the development and 
production of equipment classified under ECCN 9B010), 9E001 (only 
technology for the development of equipment under ECCNs 9A012 and 
9B010), and 9E003.a.11. 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 of any other country or 
combination of countries that would prove detrimental to the national 
security of the United States. For designated terrorism-supporting 
countries or embargoed countries, the applicable licensing policies are 
found in Parts 742 and 746 of the EAR, and Supplement No. 1 to Part 736 
of the EAR for Syria.
    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 of the EAR) is to approve license 
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 
license 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.

Revisions to the Commerce Control List

    This rule revises a number of entries on the Commerce Control List 
(CCL) to implement the December 2005 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 2005 Wassenaar Agreement is provided below. The ECCNS 
affected, as described below, are 1C008, 1C998, 1E001, 1E998, 2B002, 
2B006, 2E201, 3A001, 3B001, 3B991, 3E001, 5A001, 5A002, 5A991, 5D001, 
5D991, 6A006, 6D003, 6E003, 8A002, 9A001, 9A012, 9B010 (New), 9D001, 
9D002, 9D004, 9E001, 9E002, and 9E003.

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

    ECCN 1C008 is amended by removing and reserving 1C008.c.1, because 
foreign availability has been proven, and continued national security 
control cannot be justified any longer.
    ECCN 1C998 is added to continue antiterrorism (AT) controls on 
polyether ether ketone (PEEK), which was removed from 1C008.c.1. 
Therefore, the materials no longer controlled under ECCN 1C008 continue 
to be controlled for AT reasons under ECCN 1C998 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 in Supplement No. 1 to Part 738 of the EAR.
    ECCN 1E001 is amended by revising the heading to exclude control of 
development and production technology for ECCNs 1B999, 1C995, 1C996, 
1C997, 1C998, and 1C999, because none of these technologies are 
controlled on the Wassenaar List of Dual-Use Goods and Technologies.

    Note: This rule adds technology for commodities controlled by 
ECCNs 1B999, 1C995, 1C996, 1C997, and 1C999 to ECCN 1E998, which is 
controlled for antiterrorism reasons (AT:1).


    ECCN 1E998 is added to maintain AT controls on technology for the 
development or production of materials that were controlled under 
1C008.c.1 and are now controlled by ECCN 1C998. In addition, references 
to ECCNs 1B999, 1C995, 1C996, 1C997, and 1C999 have been moved from 
ECCN 1E001 to ECCN 1E998 to maintain AT controls on technology for the 
development or production of processing equipment and materials 
described in these ECCNs.

Category 2--Materials Processing

    ECCN 2B002 is amended by adding to the heading ``(see List of Items 
Controlled),'' and adding parameters for control of numerically 
controlled machine tools using a Magnetorheological finishing (MRF) 
process.


    Note: MRF tools are mostly used for optical components; 
therefore optical parameters were selected to describe the 
capability of the machines. One set of such parameters are form and 
finish; form referring to the shape of the optic and finish to the 
surface roughness. A form value describes how close the actual shape 
of the optic is to the design and finish value describes how smooth 
the surface is. MRF tools, such as interferometers and profilers are 
typically used to measure form, while profilometers and 
scatterometers are used to measure finish.


    ECCN 2B006 is amended by:
    a. Revising the NP paragraph in the License Requirements section, 
to except 2B006.b.1.d from NP controls because electronic assemblies do 
not appear under the Nuclear Suppliers Group Annex item 1.B.3;
    b. Adding paragraph 2B006.b.1.d to control electronic assemblies 
specially designed to provide feedback capability in systems controlled 
by 2B006.b.1.c; and
    c. Revising the Note to 2B006.b.1.


    Note: The combination of control and decontrol lead to the 
possibility of an ineffective control. These revisions together will 
enhance the effectiveness of control by explicitly controlling 
certain specially designed components. Equipment under 2B006 is 
controlled for national security reasons (NS:2), nuclear 
nonproliferation reasons (NP:1), and antiterrorism reasons (AT:1); 
Related software for the development, production, or use of 2B006 
commodities is controlled for national security reasons (NS:1) and 
antiterrorism reasons (AT:1) under ECCN 2D001; related technology 
for the development or production of 2B006

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commodities is controlled for national security reasons (NS:1) and 
antiterrorism reasons (AT:1) under ECCNs 2E001 and 2E002 
respectively; related technology for the use of 2B006 commodities is 
controlled for nuclear proliferation reasons (NP:1) and 
antiterrorism reasons (AT:1) under ECCN 2E201.


    ECCN 2E201 is amended by:
    a. Revising the heading to remove ECCN 2B008, because no 
international export control regime has controlled ``use'' technology 
for this ECCN;
    b. Adding to the end of the heading the phrase ``for NP reasons'' 
to assure that ECCN 2E201 only controls use technology for NP 
controlled portions of the ECCNs listed in the heading; and
    c. Revising the NP paragraph in the License Requirements section to 
remove the reference to 2B008.

Category 3--Electronics

    ECCN 3A001 is amended by:
    a. Revising the CIV paragraph in the License Exception section by 
replacing reference to 3A001.a.3.b with 3A001.a.3, because this rule 
moves 3A001.a.3.b to 3A001.a.3; and removing the reference to 
3A001.a.3.c, because this rule deletes this paragraph.
    b. Removing 3A001.a.3.c (interconnects), because they cannot be 
effectively controlled, as they are now integrated into mass market 
products.
    c. Incorporating 3A001.a.3.b into 3A001.a.3 to revise the format of 
3A001.a.3.
    d. Revising the Note 2 to 3A001.b.2 to avoid incorrect 
interpretation that it is only relevant if the device spans more than 
one entire range.
    e. Adding the word ``Discrete'' before 3A001.b.3, which reads 
``Microwave transistors having any of the following:'' to add 
clarification.
    f. Revising the Note to 3A001.b.3 (Microwave transistors) to add 
clarification and avoid misinterpretation.
    g. Revising the operation frequency for microwave sold state 
amplifiers and microwave assemblies/modules containing microwave 
amplifiers from ``3 GHz'' to ``3.2 GHz'' in 3A001.b.4.f. This change 
was made for consistency with the parameter in 3A001.b.2.a (MMIC 
amplifiers), 3A001.b.3.a (transistors) and 3A001.b.4.a (solid state 
amplifiers).
    h. Revising Note 2 to 3A001.b.4 to avoid incorrect interpretation 
that it is only relevant if the device spans more than one entire 
range.
    i. Adding a Technical Note to 3A001.b.4.f.3 to eliminate ambiguity 
in the case of amplifiers having performance both above and below the 
frequency threshold.
    ECCN 3A991 is amended by:
    a. Revising 3A991.c, because the rule entitled, ``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'' that was published in the 
Federal Register on July 15, 2005 (70 FR 41094) modified the 3A001.a.5 
entry for analog-to-digital converters by revising the total conversion 
time in ns to output rate in million words per second, however, the 
3A991.c entry was not appropriately adjusted to conform with this 
revision. Therefore, this rule revises the output rate to millions of 
words per second in 3A991.c.
    b. Removing 3A991.j.2 (rechargeable cells and batteries) because it 
was erroneously created, and is a duplicate entry to 3A001.e.1.b. 
Because of this removal, paragraph 3A991.j.1 will become 3A991.j to 
conform with the structure format of the CCL.
    ECCN 3B001 is amended by:
    a. Removing 3B001.a.1.a, because certain EPI tools are not a 
critical technology in the semiconductor manufacturing process and are 
not a key enabler in the production of semiconductors.
    b. Revising the formula for minimum resolvable feature size in the 
technical note following 3B001.f.1.b by replacing the ``Fm'' with 
``nm'' to conform with the corresponding entry in the Wassenaar 
Arrangement's List of Dual-Use Goods and Technologies.


    Note: For equipment no longer controlled under ECCN 3B001.a.1.a, 
related software controlled under 3D001 and 3D002, and related 
technology controlled under 3E001, there remains a license 
requirement under ECCNs 3B991.b.1.d.1, 3D991, and 3E991, 
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 3B991 is amended by:
    a. Revising the ``unit'' paragraph in the List of Items Controlled 
section to provide instructions to input dollar value in the unit block 
on a license application for components and accessories;
    b. Redesignating paragraphs 3B991.b.1.d.1 and 3B991.b.1.d.2 as 
3B991.b.1.d.2 and 3B991.b.1.d.3 respectively;
    c. Adding a new paragraph 3B991.b.1.d.1 to maintain AT controls for 
stored program controlled equipment for epitaxial growth capable of 
producing a silicon layer with a thickness uniform to less than 2.5% 
across a distance of 200 mm or more (previously controlled under ECCN 
3B001.a.1.a).
    ECCN 3E001 is amended by:
    a. Removing the text in the CIV paragraph of the License Exception 
section and replacing it with ``N/A'', as it is no longer necessary 
because of the agreed upon deletions in 3A001 by the Wassenaar 
Arrangement; and
    b. Revising the heading to add exceptions from this technology 
control over commodities in ECCN 3C992, because this technology is not 
controlled on the Wassenaar List of Dual-Use Goods and Technologies.


    Note: This rule adds ECCN 3C992 to the heading of ECCN 3E991 to 
maintain antiterrorism (AT:1) controls on the technology for the 
development , production or use of commodities described in ECCN 
3C992.


    Note: The equipment no longer controlled under ECCNs 3A001.a.3.c 
and 3B001.a.1.a, related software under ECCNs 3D001 and 3D002, and 
related technology under ECCNs 3E001 continues to be controlled for 
antiterrorism reasons under ECCNs 3A991.a.3, 3B991.b.1.d.1, 3D991, 
and 3E991 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. Also note, that technology for the development and production 
of microprocessor microcircuits, micro computer microcircuits and 
microcontroller microcircuits having a composite theoretical 
performance (CTP) of 530 MTOPS or more and an arithmetic logic unit 
with an access width of 32 bits or more continue to be controlled 
for national security reasons under ECCN 3E002.


    ECCN 3E991 is amended by revising the heading to add technology 
controls for development, production, or use of specific processing 
equipment described in 3A991, and materials controlled by 3C992 
(positive resists designed for semiconductor lithography * * *), 
because this technology warrants anti-terrorism (AT) controls.

Category 5--Part I--Telecommunications

    ECCN 5A001 is amended by:
    a. Adding the phrase ``, as follows (see List of Items 
Controlled)'' to the heading.
    b. Revising the License Requirements section to reflect that there 
is a license requirement for jamming equipment described in newly added 
paragraph 5A001.f to countries that have an ``X'' in NS Column 2 of the 
Commerce Country Chart in Supplement No.1 of Part 738.


    Note: 5A001.f is eligible for License Exceptions LVS, GBS, and 
CIV, if the criteria

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in Part 740 of the EAR for the license exception authorizing the 
export or reexport has been met and none of the license exception 
restrictions of Sec.  740.2 apply to the transaction.


    Note: Related software for the development, production, or use 
of this equipment is controlled for national security reasons (NS:1) 
and antiterrorism reasons (AT:1) under ECCN 5D001, and related 
technology for the development, production, or use of this equipment 
is controlled for national security reasons (NS:1) and antiterrorism 
reasons (AT:1) under ECCN 5E001.


    c. Adding ``or antennae'' to the Unit paragraph of the List of 
Items Controlled section.
    d. Revising the second note following 5A001.a.3 to add the phrase 
``designed or modified for use'' to conform with the corresponding 
entry in the Wassenaar Arrangement's List of Dual-Use Goods and 
Technologies.
    e. Adding the phrase ``not controlled in 5A001.b.4'' to 5A001.b.3 
to avoid overlapping controls with the new parameters in 5A001.b.4.
    f. Revising 5A001.b.4 (radio equipment employing ultra-wideband 
modulation techniques) so that it would be independent of the 
modulation technique employed in ultra-wideband (UWB) (i.e., not 
limited to ``time modulation'' (TM)). Today, in addition to TM-UWB, 
Direct Sequence-Spread Spectrum (DS-SS) and Multi-Band Orthogonal 
Frequency Division Multiplex (MB-OFDM) have appeared as different 
modulation techniques for UWB. Because of the emergence of DS-SS and 
MB-OFDM, the previously standing text of 5A001.b.4 and 5A002.a.6, were 
limited to TM-UWB, which created a loophole.
    g. Adding a Technical Note 2 for 5A001.b.6, because the bandwidth 
of audio-coding (20-22,000 Hz) overlaps the bandwidth of voice-coding 
(300-3,400 Hz), and the scope of control in the context of 5A001.b.6 is 
only adopted to ``voice coding.'' It is necessary to clearly indicate 
that ``voice coding'' controlled in 5A001.b.6 is a voice-coding 
technique that uses voice-coding algorithms that are based on peculiar 
human voice characteristics.
    h. Adding a descriptor ``Radio'' to make it ``Radio direction 
finding equipment'' in 5A001.e; changing the ``Instantaneous 
bandwidth'' from ``1 MHz or more'' to ``10 MHz or more'' in 5A001.e.1; 
and replacing the parallel processing parameter with the capability to 
find a line of bearing (LOB) to non-cooperating radio transmitters with 
a signal duration of less than 1 ms in 5A001.e.3.


    Note: In 2004, the Wassenaar Expert's Group determined that ECCN 
7A007 was not navigation or avionics equipment and belonged instead 
in Category 5 Part 1; it was determined that the equipment 
controlled by that ECCN should be placed in a revised paragraph 
5A001.e. In the course of the discussion, it was also found that the 
level of the ECCN 7A007 control was set so high as to not control 
systems of potential concern. In addition, the ECCN 7A007 control 
text is technology-specific.
    Previously, the text in 5A001.e was found to only control one 
specific, highly-advanced system. The revised text of ECCN 5A001.e 
is written in an effort to set forth provisions that control systems 
of concern and support a level playing field in the global 
marketplace. Advanced DF systems, which can direction-find against 
short-duration signals and frequency-hopping radios are of 
particular concern because they can be used by military forces of 
countries of concern to locate and target advanced tactical 
communications equipment.
    Because the system accuracy of a direction finder is directly 
related to the antenna geometry of the direction finder, and thus 
does not imply a high degree of know-how, this revision is based on 
the control parameter ``Instantaneous bandwidth'', which is the 
decisive factor for direction finding against frequency-hopping 
radios and signals of the short duration type.


    i. Adding paragraph 5A001.f to control sophisticated cellular phone 
jamming equipment. Equipment of this type is capable of selectively 
jamming cellular phone communications, which can pose a national 
security threat.
    ECCN 5A991 is amended by:
    a. Adding the definition of `Asynchronous transfer mode' (`ATM') to 
the related definitions paragraph of the List of Items Controlled 
section; and
    b. Replacing the double quotes with single quotes around the term 
`Asynchronous transfer mode' (`ATM') in paragraph 5A991.c.12, to 
signify that the definition is found in the related definitions section 
of 5A991 and no longer in Part 772 of the EAR.
    ECCN 5D001 is amended by:
    a. Moving 5D001.c.1 into 5D001.c;
    b. Deleting the reserved paragraph 5D001.c.2; and
    c. Removing 5D001.c.3, because consensus was reached to delete 
5D001c3 controlling the source code specially designed for dynamic 
adaptive routing. This technology has become widely available due to 
the recent expansion of packet telecommunication networks, such as the 
internet.


    Note: The software removed from ECCN 5D001.c.3, and related 
technology under ECCN 5E001 continue to be controlled for 
antiterrorism (AT:1) reasons under ECCNs 5D991 and 5E991 
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 5D991 is amended by revising the heading and the ``items'' 
paragraph in the List of Items Controlled section to add reference to 
the software removed from 5D001.c.3 (``Software'', other than in 
machine-executable form, specially designed for ``dynamic adaptive 
routing'').

Category 5--Part 2--Information Security

    ECCN 5A002 is amended by:
    a. Adding a sentence to the ``Related Controls'' paragraph of the 
List of Items Controlled section to note that 5A002 does not control 
commodities eligible for the Cryptography Note (Category 5 Part 2 Note 
3).
    b. Adding the phrase ``not controlled in 5A002.a.6.'' to 5A002.a.5 
to avoid overlapping controls with the new parameters in 5A002.a.6.
    c. Adding new control parameters to 5A002.a.6, including adding 
networked identification code to the type of codes that could be 
generated using cryptographic techniques. Also adding control 
characteristics for systems using ultra-wideband modulation techniques, 
i.e., A bandwidth exceeding 500 MHz; or a ``fractional bandwidth'' of 
20% or more.

    Note: Following WA agreement reached on revised text for 
5A001.b.3 and 5A001.b.4 in Category 5 Part 1, to control new ultra 
wideband techniques that had appeared on the market, agreement was 
reached by WA on consequential changes in 5A002.a.5 & 5A002.a.6.in 
Category 5 Part 2.


    d. Adding paragraph 5A002.a.9 to add controls for quantum 
cryptography because it represents advancement in cryptography that can 
improve information security in two important ways: (1) It may be used 
in conjunction with digital cryptography to securely distribute shared 
keys for a digital symmetric algorithm and (2) it may make for a fast 
and highly secure ``one-time-pad'' cipher. A Technical Note that 
describes quantum cryptography is also added to this paragraph.


    Note: This equipment under ECCN 5A002.a.9 is controlled for 
encryption items (EI) reasons, national security reasons (NS:1) and 
antiterrorism reasons (AT:1). Related software for the development, 
production, and use of this equipment is controlled for encryption 
items (EI) reasons, national security reasons (NS:1), and 
antiterrorism reasons (AT:1) under ECCN 5D002; related technology 
for the development, production, and use of this equipment is 
controlled for encryption items (EI) reasons, national security 
reasons (NS:1), and antiterrorism reasons (AT:1) under ECCN 5E002.


    e. Adding a new paragraph c.4 to the Note at the top of the items 
paragraph in the List of Items Controlled section of

[[Page 52960]]

5A002 to clarify that model-based simulation software that is specially 
designed and limited to protect libraries, design attributes, or 
associated data for the design of semiconductor devices or integrated 
circuits, is not controlled under the corresponding software entry ECCN 
5D002. The Note describes software for which the underlying encryption 
functionality is for specific purposes such as protection of 
intellectual property, and the underlying encryption functionality 
(including the protected libraries, design attributes or associated 
data) is not directly accessible to the end-user.
    f. Moving an existing nota bene (``NB'') so that it immediately 
follows the text of Note d to ECCN 5A002, to conform with the 
corresponding entry in the Wassenaar Arrangement's List of Dual-Use 
Goods and Technologies.

Category 6--Sensors

    ECCN 6A006 is amended by:
    a. Revising the heading to add newly controlled ``underwater 
electric field sensors;''
    b. Revising ``6A006.c'' to read ``6A006.d'' in the LVS paragraph in 
the License Exceptions section, because magnetic compensation systems, 
as well as compensation systems for underwater electric field sensors 
are now controlled under 6A006.d;
    c. Revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to add an exemption from control for instruments 
controlled by 6A006 that are used for ``fishery applications,'' such as 
research on fish reproduction.
    d. Redesignating 6A006.b (magnetic gradiometers) as 6A006.c;
    e. Adding a new paragraph 6A006.b to control Underwater Electric 
Field Sensors, because they now have civil applications, such as 
underwater exploration, salvage, and biological and medical sciences, 
and no longer are strictly used in military applications, such as 
detection of submarines and underwater mines.
    ECCN 6D003 is amended by:
    a. Revising 6D003.f from reading ``Magnetometers.'' to read 
``Magnetic and Electric Field Sensors'' in conformance with new 
paragraph 6A006.b.
    b. Revising 6D003.f.1 and 6D003.f.2 by adding ``and electric 
field'' in conformance with new paragraph 6A006.b.
    ECCN 6E003 is amended by revising the title of 6E003.f from 
``Magnetometers'' to read ``Magnetic and Electric Field Sensors.''


    Note: Equipment under 6A006 is controlled for national security 
reasons (NS:2) and antiterrorism reasons (AT:1); Related software 
for magnetic and electric field sensors is controlled for national 
security reasons (NS:1) and antiterrorism reasons (AT:1) under ECCN 
6D003; and related technology for magnetic and electric field 
sensors is controlled for national security reasons (NS:1) and 
antiterrorism reasons (AT:1) under ECCN 6E003.


Category 8--Marine

    ECCN 8A002 is amended by adding a decontrol note in 8A002.f for 
digital cameras specially designed for consumer purposes, other than 
those employing electronic image multiplication techniques. This note 
was added because of the foreign availability of digital cameras.

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

    ECCN 9A001 is amended by:
    a. Revising the ``unit'' paragraph in the List of Items Controlled 
section to read ``number'' instead of ``Equipment in number; parts and 
accessories in $ value.''
    b. Revising paragraph 2 in the Note to 9A001.a, because it was 
discovered that the International Civil Aviation Organization (ICAO) 
issues a document equivalent to a civil Type Certificate that the 
participating members of Wassenaar found acceptable for export control 
purposes. Reference to that document has been added to paragraph 2.a 
within the Note to 9A001.a. The approval of the design of certain types 
of aircraft, engines and propellers is signified by the issue of a Type 
Certificate. In general there will be a Type Certificate Data Sheet 
(TCDS) associated with each Type Certificate issued. The TCDS records 
the basis of certification, the designation of each approved variant 
and general information concerning the design.
    ECCN 9A012 is amended by:
    a. Revising the heading to add double quotes around the term 
``unmanned aerial vehicles'' to indicate that this is a term now 
defined in Part 772. Also, adding the abbreviation ``UAV'' to the 
heading.
    b. Revising the heading to add associated systems, equipment, and 
components, because Wassenaar has agreed to expand this ECCN entry. It 
was determined that it would be prudent for the control of conventional 
arms to place export controls on the associated systems, equipment, and 
components used for remote controlling or guidance of the UAV or to 
convert a manned aircraft to an UAV.
    c. Revising the Related Controls paragraph of the List of Items 
Controlled section to add a reference to section 744.3 ``Restrictions 
on Certain Rocket Systems (including ballistic missile systems and 
space launch vehicles and sounding rockets) and Unmanned Air Vehicles 
(including cruise missile systems, target drones and reconnaissance 
drones) End-Uses.''
    d. Redesignating paragraphs 9A012.a and 9A012.b as 9A012.a.1 and 
9A012.a.2.
    e. Adding a new paragraph 9A012.b for associated systems, equipment 
and components.


    Note: Related software for the development and production of 
equipment controlled under ECCN 9A012 is controlled for national 
security reasons (NS:1) and antiterrorism reasons (AT:1) under ECCN 
9D001 and 9D002 respectively; software specially designed or 
modified for the ``use'' of full authority digital electronic engine 
controls (FADEC) for propulsion systems controlled by 9A012 is 
controlled for antiterrorism reasons (AT:1) under ECCN 9D003; and 
related technology for the development of this equipment is 
controlled for national security reasons (NS:1) and antiterrorism 
reasons (AT:1) under ECCN 9E001.


    ECCN 9B010 is added to control ``equipment specially designed for 
the production of ``UAVs'' and associated systems, equipment and 
components controlled by 9A012.''
    The Participating States of the Wassenaar Arrangement agreed to 
control equipment, software and technology for the conversion of 
aircraft for UAV operation, because of attempts by countries of concern 
to acquire such conversion capability for conventional arms and 
terrorism purposes.

    Note: Equipment under 9B010 is controlled for national security 
reasons (NS:1) and antiterrorism reasons (AT:1); Related software 
for the development and production of this equipment is controlled 
for national security reasons (NS:1) and antiterrorism reasons 
(AT:1) under ECCN 9D001 and 9D002 respectively; software specially 
designed or modified for the ``use'' of full authority digital 
electronic engine controls (FADEC) for propulsion systems controlled 
by 9B010 is controlled for antiterrorism reasons (AT:1) under ECCN 
9D003; and related technology for the development and production of 
this equipment is controlled for national security reasons (NS:1) 
and antiterrorism reasons (AT:1) under ECCN 9E001 and 9E002 
respectively.


    ECCNs 9D001 and 9D002 have been amended by revising the License 
Requirement section in each to add ECCN 9B010 to the NS paragraph.
    ECCN 9D004 is amended by adding a new paragraph 9D004.e to control 
``software'' specially designed or modified for the ``use'' of ``UAVs'' 
and associated systems, equipment and components controlled by 9A012.
    ECCN 9E001 has been amended by:

[[Page 52961]]

    a. Revising the heading to include 9A012; and
    b. Adding 9A012 and 9B010 to the NS paragraph in the License 
Requirement section.
    ECCN 9E002 is amended by removing the License Requirement Note that 
refers to Wassenaar reporting requirements in section 743.1 of the EAR, 
because this ECCN is not eligible for License Exceptions GBS, CIV, TSR, 
LVS, CTP, or GOV and therefore does not require Wassenaar reporting.
    ECCN 9E003 is amended by revising 9E003.a.11 to remove the 
qualifiers, (i.e., ``wide chord'' and ``without part-span support''), 
so that ``technology'' ``required'' for the ``development'' or 
``production'' of all types of hollow fan blades for gas turbine 
engines are controlled for NS:1, SI, and AT:1 reasons. The advantage of 
using this type of blade is weight saving, stress reduction and an 
element of foreign object damage protection.

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

    This rule amends section 740.11 (a)(2)(vi)(G) to add 9A011 as it 
relates to ECCN 9D001 software, and to add a new paragraph 
(a)(2)(vi)(H) to cover software controlled by ECCN 9D002, specially 
designed or modified for the ``production'' of equipment controlled by 
ECCN 9A011. These items may not be exported or reexported for official 
international safeguard use by the International Atomic Energy Agency 
(IAEA) and the European Atomic Energy Community (EURATOM) under License 
Exception GOV to destinations other than Austria, Belgium, Canada, 
Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, 
the Netherlands, Portugal, Spain, Sweden, and the United Kingdom.
    Supplement No. 1 to section 740.11 is amended to:
    a. Add 6D001 (specially designed for the ``production'' or 
``development'' of equipment in 6A008.1.3 or 6B008) and 6D003.a to 
paragraphs (a)(1)(vii)(D) and (b)(1)(vii)(D), which relate to 6E001 
technology;
    b. Add ECCN 9A011 to (a)(1)(vi)(G) that relates to 9D001 software;
    c. Add a new paragraph (a)(1)(vi)(H) to cover software controlled 
by ECCN 9D002, specially designed or modified for the ``production'' of 
equipment controlled by ECCN 9A011;
    d. Add to paragraph (a)(1)(vii)(G) 9A011, 9D001 and 9D002 as they 
relate to the development and production of 9A011, and as they relate 
to ECCN 9E001; and
    e. Add a new paragraph (a)(1)(vii)(H) to cover technology 
controlled by ECCN 9E002 for the production of equipment in 9A011.
    Therefore, 6E001 technology for the development of software in 
ECCNs 6D001 (specially designed for the ``production'' or 
``development'' of equipment in 6A008.1.3 or 6B008) and 6D003; 9D001 
for the development of equipment controlled by 9A011; 9D002 specially 
designed or modified for the production of equipment controlled by 
9A011, 9D001 or 9D002 for the development or production of 9A011; and 
9E002 for the production of equipment in 9A011, which are listed on the 
Wassenaar Arrangement's Very Sensitive List, are no longer eligible for 
License Exception GOV when consigned to and for the official use of any 
agency of a cooperating government within the territory of any 
cooperating government, or when consigned to and for the official use 
of a diplomatic or consular mission of a cooperating government located 
in any country in Country Group B of Supplement No. 1 to Part 740 of 
the EAR.

Section 740.17 ``License Exception ENC''

    This rule amends the introductory paragraph and paragraphs (a), 
(b)(1), and (b)(2) to state that newly controlled quantum cryptography 
items described in 5A002.a.9 of the Commerce Control List (CCL) in 
Supplement No. 1 to Part 774 of the EAR are eligible for License 
Exception ENC. Paragraph (a) of Section 740.17 of the EAR authorizes 
certain exports, reexports, and technical assistance to countries 
listed in Supplement No. 3 to Part 740 of the EAR under License 
Exception ENC. The countries in Supplement No. 3 to Part 740 represent 
the European Union's ``license-free zone'' and include: Austria, 
Australia, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, 
France, Germany, Greece, Hungary, Ireland, Italy, Japan, Latvia, 
Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Norway, Poland, 
Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the 
United Kingdom. Paragraph (b) of Section 740.17 of the EAR authorizes 
exports and reexports destined to U.S. subsidiaries under License 
Exception ENC and, for other end-users, exports and reexports to 
countries not listed in Supplement No. 3 to Part 740 of the EAR. (This 
rule renames this Paragraph (b) to make clear the scope of this 
paragraph.) Paragraph (b)(1) of Section 740.17 of the EAR authorizes 
exports and reexports of encryption items for U.S. subsidiaries. 
Paragraph (b)(2) of Section 740.17 of the EAR authorizes exports and 
reexports of encryption commodities and software to non-government end-
users in countries not listed in Supplement No. 3 to Part 740 of the 
EAR under License Exception ENC. Quantum cryptography items are not 
eligible for export or reexport to ``government end-users'' under 
License Exception ENC outside the countries listed in Supplement No. 3 
to Part 740 of the EAR, because of the provisions of Sec.  
740.17(b)(3)(i)(B) and Sec.  740.17(b)(2)(iii)(E) of the EAR. To 
receive written authorization from the Bureau of Industry and Security 
(BIS) to export your encryption items under License Exception ENC, you 
must submit an encryption review request to BIS and the ENC Encryption 
Request Coordinator. For guidance on applying for authorization under 
License Exception ENC go to BIS's Web page http://www.bis.doc.gov/encryption/enc.htm.

Section 743.1 ``Wassenaar Arrangement''

    Sec.  743.1 is amended by:
     Deleting ECCN 2B003 from the Note to paragraph (c)(1)(ii) 
to conform to the Wassenaar Sensitive List. This relates to Wassenaar 
reporting requirements for ECCNS 2D001, 2E001, and 2E002.
     Removing 5A001.b.5 from paragraph (c)(1)(v), because BIS 
does not need to require reporting for commodities that are not 
eligible for License Exceptions GBS, CIV, TSR, LVS, CTP, or GOV. BIS 
can get the necessary information to fulfill U.S. obligations for 
reporting to the Wassenaar Arrangement from license application data.
     Adding 5A001.b.5 under the 5B001.a in paragraph (c)(1)(v), 
because 5B001.a is specially designed for 5A001.b.5, is eligible for 
license exception and is on the Wassenaar Arrangement's Sensitive List.
     Adding 5D001.a entry in paragraph (c)(1)(v), because 
software for the development or production of equipment, components, or 
accessories classified under 5B001.a is on the Wassenaar Arrangement's 
Sensitive List and is eligible for License Exceptions CIV and TSR. This 
addition is necessary in order for the United States to fulfill its 
reporting obligations to the Wassenaar Arrangement.
     Adding 6A002.a.1.a, 6A002.a.1.b, 6A002.a.2.a (changing 350 
uA/Im to 700 uA/Im in 6A002.a.2.a.3.a), 6A002.a.3, 6A002.c, 6A002.e; 
6A003.b.3, 6A003.b.4, and 6A006.a to paragraph (c)(1)(vi), because 
these commodities are on the Wassenaar Arrangement's Sensitive List and 
are eligible for license exception under the EAR. This addition is 
necessary in order for the United

[[Page 52962]]

States to fulfill its reporting obligations to the Wassenaar 
Arrangement.
     Revising 6A006.g to 6A006.d in paragraph (c)(1)(vi), 
because this paragraph has moved under ECCN 6A006.
     Removing 6D003.a from paragraph (c)(1)(vi), because that 
ECCN is not eligible for License Exceptions LVS, GBS, CIV, APP, TSR, or 
GOV.
     Removing 6A006.h from paragraph (c)(1)(vi), because this 
paragraph has been removed from 6A006 by agreement of the Wassenaar 
Arrangement.
     Adding a note to paragraph (c)(1)(vi) to clarify the 
reporting requirement for 6A002.a.3.
     Redesignating paragraphs (c)(1)(vii) and (c)(1)(viii) as 
paragraphs (c)(1)(viii) and (c)(1)(ix), in order to add a new paragraph 
(c)(1)(vii) to cover Category 7: 7D002; 7D003.c, d.1 to d.4, and d.7; 
7E001; and 7E002, because these commodities are on the Wassenaar 
Arrangement's Sensitive List and are eligible for license exception 
under the EAR. This addition is necessary in order for the United 
States to fulfill its reporting obligations to the Wassenaar 
Arrangement.
     Adding 9D001 (for 9B001.b and 9E003 as described in this 
paragraph), 9D002 (for 9B001.b), 9D004.a, 9D004.c, 9E001 for technology 
controlled for NS reasons, 9E002, 9E003.a.2, a.3.b, a.3.c, a.4, a.5, 
a.8, and a.9 to newly designated paragraph (c)(1)(ix), because these 
commodities are on the Wassenaar Arrangement's Sensitive List and are 
eligible for license exception under the EAR. This addition is 
necessary in order for the United States to fulfill its reporting 
obligations to the Wassenaar Arrangement.
    This rule revises the title to Supplement No. 1 to Part 743 of the 
EAR from ``Wassenaar Arrangement Member Countries'' to ``Wassenaar 
Arrangement Participating States,'' because this is the term used by 
the Wassenaar Arrangement to address its members.
    In addition, this rule adds Croatia, Estonia, Latvia, Lithuania, 
Malta, and South Africa to the list of Wassenaar Arrangement 
Participating States in Supplement No. 1 to Part 743 of the EAR, 
because they were recently admitted to the Wassenaar Arrangement.

Definitions in Part 772

    This rule removes the definition for ``Asynchronous transfer mode'' 
(``ATM'') from section 772.1 of the EAR, and moves it to the related 
definitions paragraph in the List of Items Controlled section of ECCN 
5A991, because the term is only referred to in 5A991.c.12.
    This rule adds a reference to Category 2 in the definition for 
``Electronic assembly,'' because of the addition of controls on 
electronic assemblies in 2B006.b.1.
    This rule removes the definition for ``time-modulated ultra-
wideband,'' because the Wassenaar Arrangement agreed to remove it from 
5A001.b.4 and 5A002.a.6, and instead use the undefined term ``ultra-
wideband modulation techniques.''
    This rule adds the definition for ``unmanned aerial vehicle'' 
(``UAV'') to section 772.1, which is used in ECCNs 9A012 and newly 
added ECCN 9B010. In addition, UAVs are addressed in section 744.3 of 
the EAR.
    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as extended by the Notice of August 3, 2006, 
71 FR 44551 (August 7, 2006), has continued the Export Administration 
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 
September 7, 2006, 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 October 10, 2006. Any such items 
not actually exported before midnight, on October 10, 2006, 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 743

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

15 CFR Part 772

    Exports.

[[Page 52963]]

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

0
Accordingly, Parts 740, 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 3, 2006, 71 FR 44551 (August 7, 2006).

0
2. Section 740.11 is amended by revising (a)(2)(vi)(G) and adding a 
paragraph (a)(2)(vi)(H) to read as follows:


Sec.  740.11  Governments, International Organizations, and 
International Inspections Under the Chemical Weapons Convention (GOV).

* * * * *
    (a) * * *
    (2) * * *
    (vi) * * *
    (G) Controlled by 9D001, specially designed or modified for the 
``development'' of equipment or ``technology'' controlled by 9A011, 
9E003.a.1, or 9E003.a.3.a; and
    (H) Controlled by 9D002, specially designed or modified for the 
``production'' of equipment controlled by 9A011.
* * * * *

0
3. Supplement No. 1 to 740.11 is amended by:
0
a. Revising paragraphs (a)(1)(vi)(F) and (a)(1)(vi)(G), as set forth 
below;
0
b. Adding paragraphs (a)(1)(vi)(H) and (b)(1)(vi)(H), as set forth 
below; and
0
c. Revising paragraphs (a)(1)(vii)(D), (a)(1)(vii)(G), (a)(1)(vii)(H), 
(b)(1)(vi)(F), (b)(1)(vi)(G), (b)(1)(vii)(D), and (b)(1)(vii)(H) to 
read as follows:

Supplement No. 1 to Section 740.11--Additional Restrictions on Use of 
License Exception GOV

    (a) * * *
    (1) * * *
    (vi) * * *
    (F) Controlled by 8D001, specially designed for the 
``development'' or ``production'' of equipment controlled by 
8A001.b, 8A001.d, or 8A002.o.3.b;
    (G) Controlled by 9D001, specially designed or modified for the 
``development'' of equipment or ``technology'' controlled by 9A011, 
9E003.a.1, or 9E003.a.3.a; and
    (H) Controlled by 9D002,specially designed or modified for the 
``production'' of equipment controlled by 9A011;
    (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, 
6B008, 6D001 (specially designed for the ``production'' or 
``development'' of equipment in 6A008.1.3 or 6B008), or 6D003.a as 
described in paragraph (a)(1) of this Supplement; and
* * * * *
    (G) Controlled by 9E001 for the ``development'' of equipment or 
``software'' in 9A011, 9D001 for the ``development'' of 9A011, or 
9D002 for the ``production'' of 9A011; and
    (H) Controlled by 9E002 for the ``production'' of equipment in 
9A011; and
* * * * *
    (b) * * *
    (1) * * *
    (vi) * * *
    (F) Controlled by 8D001, specially designed for the 
``development'' or ``production'' of equipment controlled by 
8A001.b, 8A001.d, or 8A002.o.3.b;
    (G) Controlled by 9D001, specially designed or modified for the 
``development'' of equipment or ``technology'' controlled by 9A011, 
9E003.a.1, or 9E003.a.3.a; and
    (H) Controlled by 9D002, specially designed or modified for the 
``production'' of equipment controlled by 9A011;
    (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, 
6B008, 6D001 (specially designed for the ``production'' or 
``development'' of equipment in 6A008.1.3 or 6B008), or 6D003.a as 
described in paragraph (a)(1) of this Supplement; and
* * * * *
    (H) Controlled by 9E002 for the production of 9A011; and
* * * * *


0
4. Section 740.17 is amended by:
0
a. Revising the phrase ``by ECCNs 5A002.a.1, .a.2, .a.5, and .a.6, 
5B002, and 5D002'' to read ``by ECCNs 5A002.a.1, .a.2, .a.5, .a.6, and 
.a.9, 5B002, and 5D002'' in the introductory paragraph;
0
b. Revising the heading of paragraph (b) to read as set forth below; 
and
0
c. Revising the phrase ``ECCNs 5A002.a.1, .a.2, .a.5, or .a.6,'' to 
read ``ECCNs 5A002.a.1, .a.2, .a.5, .a.6, or .a.9,'' in paragraphs (a) 
introductory text, (b)(1) introductory text, and (b)(2) introductory 
text.


Sec.  740.17  Encryption Commodities and Software (ENC).

* * * * *
    (b) Exports and reexports for U.S. subsidiaries and to countries 
not listed in Supplement No. 3 to this part.
* * * * *

PART 743--[AMENDED]

0
5. 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.; Notice of August 3, 2006, 71 FR 44551 (August 
7, 2006).

0
6. Section 743.1 is amended by:
0
a. Revising the note to paragraph (c)(1)(ii), as set forth below;
0
b. Revising paragraphs (c)(1)(v), and (c)(1)(vi), as set forth below;
0
c. Redesignating paragraphs (c)(1)(vii) and (viii) as (viii) and (ix);
0
d. Adding a new paragraph (c)(1)(vii) as set forth below; and
0
e. Revising newly designated paragraphs (c)(1)(viii) and (c)(1)(ix) to 
read as follows:


Sec.  743.1  Wassenaar Arrangement.

* * * * *
    (c) * * *
    (1) * * *
    (ii) * * *


    Note to paragraph (c)(1)(ii): Reports for 2D001, are for 
``software'', other than that controlled by 2D002, specially 
designed for the ``development'' or ``production'' of the equipment 
in 2B001.a or .b (changing 6[mu]m to 5.1[mu]m in 2B001.a.1 and 
2B001.b.1.a; and adding ``a positioning accuracy with ``all 
compensations available'' equal to or less (better) than 5.1[mu]m 
along any linear axis'' to the existing text for 2B001.b.2) of the 
Commerce Control List (CCL).
    Reports for 2E001, are for ``technology'' according to the 
General Technology Note for ``development'' of ``software'' as 
described in this paragraph for 2D001, or for the equipment in 
2B001.a or .b (changing 6[mu]m to 5.1[mu]m in 2B001.a.1 and 
2B001.b.1.a; and adding ``a positioning accuracy with ``all 
compensations available'' equal to or less (better) than 5.1[mu]m 
along any linear axis'' to the existing text for 2B001.b.2) of the 
CCL.
    Reports for 2E002, are for ``technology'' according to the 
General Technology Note for ``production'' of the equipment in 
2B001.a or .b (changing 6[mu]m to 5.1[mu]m in 2B001.a.1 and 
2B001.b.1.a; and adding ``a positioning accuracy with ``all 
compensations available'' equal to or less (better) than 5.1[mu]m 
along any linear axis'' to the existing text for 2B001.b.2) of the 
CCL.


* * * * *
    (v) Category 5: 5A001.b.3; 5B001.a (items specially designed for 
5A001.b.3 and b.5); 5D001.a (specially designed for the ``development'' 
or ``production'' of equipment, function, or features in 5A001.b.3 or 
5B001.a as described in this paragraph) and 5D001.b (specially designed 
or modified to support ``technology'' under 5E001.a as described in 
this paragraph); and 5E001.a (for the ``development'' or ``production'' 
of equipment, function, features, or ``software'' in 5A001.b.3,

[[Page 52964]]

5B001.a, 5D001.a or 5D001.b as described in this paragraph);
    (vi) Category 6: 6A001.a.1.b (changing 10 kHz to 5 kHz and adding 
the text ``or a sound pressure level exceeding 224 dB (reference 1 
[mu]Pa at 1 m) for equipment with an operating frequency in the band 
from 5 kHz to 10 kHz inclusive'' to the existing text in 6A001.a.1.b.1) 
, and .a.2.d; 6A002.a.1.a, 6A002.a.1.b, 6A002.a.2.a (changing 350 uA/Im 
to 700 uA/Im in 6A002.a.2.a.3.a), 6A002.a.3, 6A002.b, 6A002.c, 6A002.e; 
6A003.b.3, 6A003.b.4; 6A004.c and .d; 6A006.a, 6A006.d (excluding 
compensators which provide only absolute values of the earth's magnetic 
field as output (i.e., the frequency bandwidth of the output extends 
from DC to at least 0.8 Hz); 6A008.d, .h, and .k; 6D001 (for 6A004.c 
and .d and 6A008.d, .h, and .k); 6E001 (for equipment and software 
listed in this paragraph); and 6E002 (for equipment listed in this 
paragraph);


    Note to paragraph (c)(1)(vi): The reporting requirement for 
6A002.a.3 excludes the following ``focal plane arrays'':

    a. Platinum Silicide having less than 10,000 elements;
    b. Iridium Silicide;
    c. Indium Antimonide or Lead Selenide having less than 256 
elements;
    d. Indium Arsenide;
    e. Lead Sulphide;
    f. Indium Gallium Arsenide;
    g. Mercury Cadmium Telluride, as follows:
    1. `Scanning Arrays' having any of the following:
    a. 30 elements or less; or
    b. Incorporating time delay-and-integration within the element and 
having 2 elements or less;
    2. `Staring Arrays' less than 256 elements;
    Technical Notes:
     `Scanning Arrays' are defined as ``focal plane arrays'' designed 
for use with a scanning optical system that images a scene in a 
sequential manner to produce an image.
     `Staring Arrays' are defined as ``focal plane arrays'' designed 
for use with a non-scanning optical system that images a scene.
    h. Gallium Arsenide or Gallium Aluminum Arsenide quantum well 
having less than 256 elements;

    (vii) Category 7: 7D002; 7D003.c, d.1 to d.4, and d.7; 7E001; and 
7E002;
    (viii) Category 8: 8A001.c; 8A002.b (for 8A001.b, .c, .d), .h, .j, 
.o.3, and .p; 8D001 (for commodities listed in this paragraph); 8D002; 
8E001 (for commodities listed in this paragraph); and 8E002.a; and
    (ix) Category 9: 9B001.b, 9D001 (for 9B001.b and 9E003 as described 
in this paragraph), 9D002 (for 9B001.b), 9D004.a, 9D004.c, 9E001 for 
technology controlled for NS reasons, 9E002, 9E003.a.2, a.3.b, a.3.c, 
a.4, a.5, a.8, and a.9.
* * * * *
0
7. Supplement No. 1 to Part 743 is amended by:
0
a. Revising the heading of the Supplement to read as set forth below; 
and
0
b. Adding Croatia, Estonia, Latvia, Lithuania, Malta, and South Africa 
in alphabetical order.

Supplement No. 1 to Part 743--Wassenaar Arrangement Participating 
States

* * * * *

PART 772--[AMENDED]

0
8. The authority citation for Part 772 continues 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 
3, 2006, 71 FR 44551 (August 7, 2006).

0
9. Section 772.1 is amended as follows:
0
a. By removing the definition ``Asynchronous transfer mode'' (``ATM'') 
and the separate entry for the acronym ``ATM.''
0
b. By revising the phrase ``(Cat 3, 4, and 5)'' to read ``(Cat 2, 3, 4, 
and 5) in the definition ``Electronic assembly.''
0
c. By removing the definition ``time-modulated ultra-wideband.''
0
d. By adding the definition ``unmanned aerial vehicles'' (``UAVs'') in 
alphabetic order after the definition for ``United States airline,'' to 
read as follows:


Sec.  772.1  Definitions of Terms as Used in the Export Administration 
Regulations (EAR).

* * * * *
    Unmanned aerial vehicle (``UAV''). (Cat 9) Any ``aircraft'' capable 
of initiating flight and sustaining controlled flight and navigation 
without any human presence on board. In addition, according to section 
744.3 of the EAR, unmanned air vehicles, which are the same as 
``unmanned aerial vehicles,'' include, but are not limited to, cruise 
missile systems, target drones and reconnaissance drones.
* * * * *

PART 774--[AMENDED]

0
10. The authority citation for Part 774 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 
287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. 
app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 106-387; Sec. 
221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of 
August 3, 2006, 71 FR 44551 (August 7, 2006).

Supplement No. 1 to Part 774 [Amended]

0
11. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, Microorganisms, and Toxins, Export 
Control Classification Number (ECCN) 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. [RESERVED]
    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.



[[Page 52965]]



0
12. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, Microorganisms, and Toxins, is 
amended by adding Export Control Classification Number (ECCN) 1C998 
after ECCN 1C997 and before ECCN 1C999, to read as follows:

    1C998 Non-fluorinated polymeric substances, not controlled by 
1C008, 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: Kilograms
    Related Controls: N/A
    Related Definitions: N/A
    Items:
    a. Polyether ether ketone (PEEK);
    b. [RESERVED].


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) 1E001 is amended by revising the 
heading, to read as follows:

    1E001 ``Technology'' according to the General Technology Note 
for the ``development'' or ``production'' of items controlled by 
1A001.b, 1A001.c, 1A002, 1A003, 1A004, 1A005, 1A101, 1B (except 
1B999), or 1C (except 1C355, 1C980 to 1C984, 1C988, 1C990, 1C991, 
1C992, 1C995 to 1C999).
* * * * *

0
14. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, Microorganisms, and Toxins, Export 
Control Classification Number (ECCN) 1E998 is added after 1E994, to 
read as follows:

    1E998 ``Technology'' for the ``development'' or ``production'' 
of processing equipment controlled by 1B999, and materials 
controlled by 1C995, 1C996, 1C997, 1C998, and 1C999.

License Requirements

    Reason for Control: AT

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

License Exceptions

    CIV: N/A
    TSR: N/A

List of Items Controlled

    Unit: N/A
    Related Controls: N/A
    Related Definitions: N/A
    Items:
    The list of items controlled is contained in the ECCN heading.


0
15. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
2--Materials Processing, Export Control Classification Number (ECCN) 
2B002 is amended by revising the heading and the ``items'' paragraph in 
the List of Items Controlled section to read as follows:

    2B002 Numerically controlled machine tools using a 
magnetorheological finishing (MRF) process equipped to produce non-
spherical surfaces and having any of the following characteristics 
(See List of Items Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Finishing the form to less (better) than 1.0 [mu]m; or
    b. Finishing to a roughness less (better) than 100 nm rms.


0
16. 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 heading, the License Requirement 
section, and the ``unit'' and the ``items'' paragraphs in the List of 
Items Controlled section to read as follows:

    2B006 Dimensional inspection or measuring systems, equipment, 
and ``electronic assemblies'', as follows (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 2B006.a and .b, except      NP Column 1.
 2B006.b.1.d.
AT applies to entire entry..............  AT Column 1.
------------------------------------------------------------------------

* * * * *

List of Items Controlled

    Unit: Equipment in number, electronic assemblies in $ value
    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);
    b.1.d. ``Electronic assemblies'' specially designed to provide 
feedback capability in systems controlled by 2B006.b.1.c.

    Note: 2B006.b.1 does not control measuring interferometer 
systems, with an automatic control system that is designed to use no 
feedback techniques, 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
17. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
2--Materials Processing, Export Control Classification Number (ECCN) 
2E201 is amended by revising the heading and the License Requirement 
section to read as follows:

    2E201 ``Technology'' according to the General Technology Note 
for the ``use'' of equipment or ``software'' controlled by 2A225, 
2A226, 2B001, 2B006, 2B007.b, 2B007.c, 2B201, 2B204, 2B206, 2B207, 
2B209, 2B225 to 2B232, 2D002, 2D201 or 2D202 for NP reasons.

License Requirements

    Reason for Control: NP, CB, AT

[[Page 52966]]



------------------------------------------------------------------------
               Control(s)                          Country chart
------------------------------------------------------------------------
NP applies to entire entry..............  NP Column 1.
CB applies to ``technology'' for valves   CB Column 2.
 controlled by 2A226 that meet or exceed
 the technical parameters in 2B350.g.
AT applies to entire entry..............  AT Column 1.
------------------------------------------------------------------------

* * * * *

0
18. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A001 is amended revising the ``CIV'' paragraph in the License 
Exceptions section, and the ``items'' paragraph in the List of Items 
Controlled section, to read as follows:

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

License Exceptions

    LVS: * * *
    GBS: * * *
    CIV: Yes for 3A001.a.3, a.4, a.7, and a.11.

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 10\3\ Gy (Si), or higher;
    a.1.b. A dose rate upset of 5 x 10\6\ Gy (Si)/s, or higher; or
    a.1.c. A fluence (integrated flux) of neutrons (1 MeV 
equivalent) of 5 x 10\13\ 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, manufactured from 
a compound semiconductor and operating at a clock frequency 
exceeding 40 MHz;

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

    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, 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

[[Page 52967]]

    (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/cm2;
    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 rated operating 
frequency includes frequencies listed in more than one frequency 
range, as defined by 3A001.b.2.a through 3A001.b.2.f, 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. Discrete 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 a transistor whose rated operating 
frequency includes frequencies listed in more than one frequency 
range, as defined by 3A001.b.3.a through 3A001.b.3.e, 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 3.2 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 fGHz2];
    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].

    Technical Note: 3.2 GHz should be used as the lowest operating 
frequency (fGHz ) in the formula in 3A001.b.4.f.3., for 
amplifiers that have a rated operation range extending downward to 
3.2 GHz and below [d <=15cm*GHz/3.2 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 rated to operate in the frequency range of 
40.5 to 42.5 GHz.


    Note 2: The control status of an item whose rated operating 
frequency includes frequencies listed in more than one frequency 
range, as defined by 3A001.b.4.a through 3A001.b.4.e, 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 cm3;

    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;

[[Page 52968]]

    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 cm3 (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/m2 at an 
operating temperature of 301 K (28 [deg]C) under a tungsten 
illumination of 1 kW/m2 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/
mm2;
    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
19. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A991 is amended revising the ``items'' paragraph in the List of Items 
Controlled section, to read as follows:

    3A991 Electronic devices and components not controlled by 3A001.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. ``Microprocessor microcircuits'', ``microcomputer 
microcircuits'', and microcontroller microcircuits having any of the 
following:
    a.1. A ``composite theoretical performance'' (``CTP'') of 6,500 
million theoretical operations per second (MTOPS) or more and an 
arithmetic logic unit with an access width of 32 bit or more;
    a.2. A clock frequency rate exceeding 25 MHz; or
    a.3. More than one data or instruction bus or serial 
communication port that provides a direct external interconnection 
between parallel ``microprocessor microcircuits'' with a transfer 
rate of 2.5 Mbyte/s.
    b. Storage integrated circuits, as follows:
    b.1. Electrical erasable programmable read-only memories 
(EEPROMs) with a storage capacity;
    b.1.a. Exceeding 16 Mbits per package for flash memory types; or
    b.1.b. Exceeding either of the following limits for all other 
EEPROM types:
    b.1.b.1. Exceeding 1 Mbit per package; or
    b.1.b.2. Exceeding 256 kbit per package and a maximum access 
time of less than 80 ns;
    b.2. Static random access memories (SRAMs) with a storage 
capacity:
    b.2.a. Exceeding 1 Mbit per package; or
    b.2.b. Exceeding 256 kbit per package and a maximum access time 
of less than 25 ns;
    c. Analog-to-digital converters having any of the following:
    c.1. A resolution of 8 bit or more, but less than 12 bit, with 
an output rate greater than 100 million words per second;
    c.2. A resolution of 12 bit with an output rate greater than 5 
million words per second;
    c.3. A resolution of more than 12 bit but equal to or less than 
14 bit with an output rate greater than 500 thousand words per 
second; or
    c.4. A resolution of more than 14 bit with an output rate 
greater than 500 thousand words per second.
    d. Field programmable logic devices having either of the 
following:
    d.1. An equivalent gate count of more than 5000 (2 input gates); 
or
    d.2. A toggle frequency exceeding 100 MHz;
    e. Fast Fourier Transform (FFT) processors having a rated 
execution time for a 1,024 point complex FFT of less than 1 ms.
    f. Custom integrated circuits for which either 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:
    f.1. More than 144 terminals; or
    f.2. A typical ``basic propagation delay time'' of less than 0.4 
ns.
    g. Traveling wave tubes, pulsed or continuous wave, as follows:
    g.1. Coupled cavity tubes, or derivatives thereof;
    g.2. Helix tubes, or derivatives thereof, with any of the 
following:
    g.2.a. An ``instantaneous bandwidth'' of half an octave or more; 
and
    g.2.b. The product of the rated average output power (expressed 
in kW) and the maximum operating frequency (expressed in GHz) of 
more than 0.2;
    g.2.c. An ``instantaneous bandwidth'' of less than half an 
octave; and
    g.2.d. The product of the rated average output power (expressed 
in kW) and the maximum operating frequency (expressed in GHz) of 
more than 0.4;
    h. Flexible waveguides designed for use at frequencies exceeding 
40 GHz;
    i. Surface acoustic wave and surface skimming (shallow bulk) 
acoustic wave devices (i.e., ``signal processing'' devices employing 
elastic waves in materials), having either of the following:
    i.1. A carrier frequency exceeding 1 GHz; or
    i.2. A carrier frequency of 1 GHz or less; and
    i.2.a. A frequency side-lobe rejection exceeding 55 Db;
    i.2.b. A product of the maximum delay time and bandwidth (time 
in microseconds and bandwidth in MHz) of more than 100; or
    i.2.c. A dispersive delay of more than 10 microseconds.
    j. Primary cells and batteries having an energy density 
exceeding 350 Wh/kg and rated for operation in the temperature range 
from below 243 K (-30 [deg]C) to above 343 K (70 [deg]C);

    Note:  3A991 .j does not control batteries with volumes equal to 
or less than 27 cm3 (e.g., standard C-cells or UM-2 
batteries).


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

    k. ``Superconductive'' electromagnets or solenoids specially 
designed to be fully charged or discharged in less than one minute, 
having all of the following:


[[Page 52969]]


    Note: 3A991.k does not control ``superconductive'' 
electromagnets or solenoids designed for Magnetic Resonance Imaging 
(MRI) medical equipment.

    k.1. Maximum energy delivered during the discharge divided by 
the duration of the discharge of more than 500 kJ per minute;
    k.2. Inner diameter of the current carrying windings of more 
than 250 mm; and
    k.3. Rated for a magnetic induction of more than 8T or ``overall 
current density'' in the winding of more than 300 A/mm2.
    l. Circuits or systems for electromagnetic energy storage, 
containing components manufactured from ``superconductive'' 
materials specially designed for operation at temperatures below the 
``critical temperature'' of at least one of their 
``superconductive'' constituents, having all of the following:
    l.1. Resonant operating frequencies exceeding 1 MHz;
    l.2. A stored energy density of 1 MJ/M3 or more; and
    l.3. A discharge time of less than 1 ms;
    m. Hydrogen/hydrogen-isotope thyratrons of ceramic-metal 
construction and rate for a peak current of 500 A or more;
    n. Digital integrated circuits based on any compound 
semiconductor having an equivalent gate count of more than 300 (2 
input gates).


0
20. 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 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 1 MeV;
    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/
cm2 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/
cm2 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:


[GRAPHIC] [TIFF OMITTED] TR07SE06.001

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
21. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3B991 is amended revising the ``units'' and ``items'' paragraphs 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: Equipment in number, and components and accessories in $ 
value
    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:



[[Page 52970]]


    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 
m2 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 
105 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 silicon layer with a thickness 
uniform to less than 2.5% across a distance of 200 mm or 
more;
    b.1.d.2. Capable of producing a layer of any material other than 
silicon with a thickness uniformity across the wafer of equal to or 
better than 3.5%; or
    b.1.d.3. 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 
105 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;

    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

[[Page 52971]]

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 m3 and filter materials therefor.

0
22. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3E001 is amended revising the heading and CIV paragraph in the License 
Exceptions section, to read as follows:

    3E001 ``Technology'' according to the General Technology Note 
for the ``development'' or ``production'' of equipment or materials 
controlled by 3A (except 3A292, 3A980, 3A981, 3A991 or 3A992), 3B 
(except 3B991 or 3B992) or 3C (except 3C992).
* * * * *

License Exceptions

    CIV: N/A
    TSR: * * *
* * * * *


0
23. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3E991 is amended revising the heading, to read as follows:

    3E991 ``Technology'' for the ``development'', ``production'', or 
``use'' of electronic devices or components controlled by 3A991, 
general purpose electronic equipment controlled by 3A992, or 
manufacturing and test equipment controlled by 3B991 or 3B992, or 
materials controlled by 3C992.
* * * * *

0
24. 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 Heading, the License Requirements section 
and the ``items'' paragraph in the List of Items Controlled section, to 
read as follows:

    5A001 Telecommunications systems, equipment, and components, as 
follows (see List of Items Controlled).

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, .d, and .f...  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.

* * * * *

List of Items Controlled

    Unit: Equipment or antennae in number; cable and fiber in 
meters/feet, components and accessories in $ value
    Related Controls: * * *
    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 designed 
or modified for use 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 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, not 
controlled in 5A001.b.4., 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 ultra-wideband modulation 
techniques, having user programmable channelizing codes, scrambling 
codes, or network identification codes, having any of the following 
characteristics:
    b.4.a.A bandwidth exceeding 500 MHz; or
    b.4.b.A ``fractional bandwidth'' of 20% or more;
    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

[[Page 52972]]

    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 Notes: 1. For variable rate voice coding, 5A001.b.6 
applies to the voice coding output of continuous speech.

    2. For the purpose of 5A001.b.6, ``voice coding'' is defined as 
the technique to take samples of human voice and then convert these 
samples of human voice and then convert these samples into a digital 
signal taking into account specific characteristics of human 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 109 N/m2 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. Radio 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 10 MHz or more; and
    e.2. Capable of finding a line of bearing (LOB) to non-
cooperating radio transmitters with a signal duration of less than 1 
ms.
    f. Jamming equipment specially designed or modified to 
intentionally and selectively interfere with, deny, inhibit, degrade 
or seduce cellular mobile telecommunication services, having any of 
the following characteristics, and specially designed components 
therefore:
    f.1. Simulating the functions of Radio Access Network (RAN) 
equipment; or
    f.2. Detecting and exploiting specific characteristics of the 
mobile telecommunications protocol employed (e.g., GSM).
    N.B.: For GNSS jamming equipment see the Munitions List.


0
25. 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) 5A991 
is amended by revising the ``related definitions'' and the ``items'' 
paragraphs in the List of Items Controlled section, to read as follows:

    5A991 Telecommunication equipment, not controlled by 5A001.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: (1) ``Asynchronous transfer mode'' 
(``ATM'') is a transfer mode in which the information is organized 
into cells; it is asynchronous in the sense that the recurrence of 
cells depends on the required or instantaneous bit rate. (2) 
``Bandwidth of one voice channel'' is data communication equipment 
designed to operate in one voice channel of 3,100 Hz, as defined in 
CCITT Recommendation G.151. (3) ``Communications channel 
controller'' is the physical interface that controls the flow of 
synchronous or asynchronous digital information. It is an assembly 
that can be integrated into computer or telecommunications equipment 
to provide communications access. (4) ``Datagram'' is a self-
contained, independent entity of data carrying sufficient 
information to be routed from the source to the destination data 
terminal equipment without reliance on earlier exchanges between 
this source and destination data terminal equipment and the 
transporting network. (5) ``Fast select'' is a facility applicable 
to virtual calls that allows data terminal equipment to expand the 
possibility to transmit data in call set-up and clearing ``packets'' 
beyond the basic capabilities of a virtual call. (6) ``Gateway'' is 
the function, realized by any combination of equipment and 
``software'', to carry out the conversion of conventions for 
representing, processing or communicating information used on one 
system into the corresponding, but different conventions used in 
another system. (7) ``Integrated Services Digital Network'' (ISDN) 
is a unified end-to-end digital network, in which data originating 
from all types of communication (e.g., voice, text, data, still and 
moving pictures) are transmitted from one port (terminal) in the 
exchange (switch) over one access line to and from the subscriber. 
(8) ``Packet'' is a group of binary digits including data and call 
control signals that is switched as a composite whole. The data, 
call control signals, and possible error control information are 
arranged in a specified format.
    Items:
    a. Any type of telecommunications equipment, not controlled by 
5A001.a, specially designed to operate outside the temperature range 
from 219 K (-54 [deg]C) to 397 K (124 [deg]C).
    b. Telecommunication transmission equipment and systems, and 
specially designed components and accessories therefor, having any 
of the following characteristics, functions or features:


    Note: Telecommunication transmission equipment:


    a. Categorized as follows, or combinations thereof:
    1. Radio equipment (e.g., transmitters, receivers and 
transceivers);
    2. Line terminating equipment;
    3. Intermediate amplifier equipment;
    4. Repeater equipment;
    5. Regenerator equipment;
    6. Translation encoders (transcoders);
    7. Multiplex equipment (statistical mutiplex included);
    8. Modulators/demodulators (modems);
    9. Transmultiplex equipment (see CCITT Rec. G701);
    10. ``Stored program controlled'' digital crossconnection 
equipment;
    11. ``Gateways'' and bridges;
    12. ``Media access units''; and
    b. Designed for use in single or multi-channel communication via 
any of the following:
    1. Wire (line);
    2. Coaxial cable;
    3. Optical fiber cable;
    4. Electromagnetic radiation; or
    5. Underwater acoustic wave propagation.
    b.1. Employing digital techniques, including digital processing 
of analog signals, and designed to operate at a ``digital transfer 
rate'' at the highest multiplex level exceeding 45 Mbit/s or a 
``total digital transfer rate'' exceeding 90 Mbit/s;


    Note: 5A991.b.1 does not control equipment specially designed to 
be integrated and operated in any satellite system for civil use.


    b.2. Modems using the ``bandwidth of one voice channel'' with a 
``data signaling rate'' exceeding 9,600 bits per second;
    b.3. Being ``stored program controlled'' digital cross connect 
equipment with ``digital transfer rate'' exceeding 8.5 Mbit/s per 
port.
    b.4. Being equipment containing any of the following:
    b.4.a. ``Network access controllers'' and their related common 
medium having a ``digital transfer rate'' exceeding 33 Mbit/s; or
    b.4.b. ``Communication channel controllers'' with a digital 
output having a ``data signaling rate'' exceeding 64,000 bit/s per 
channel;


    Note: If any uncontrolled equipment contains a ``network access 
controller'', it cannot have any type of telecommunications 
interface, except those described in, but not controlled by 
5A991.b.4.


    b.5. Employing a ``laser'' and having any of the following 
characteristics:
    b.5.a. A transmission wavelength exceeding 1,000 nm; or
    b.5.b. Employing analog techniques and having a bandwidth 
exceeding 45 MHz;


    Note: 5A991.b.5.b does not control commercial TV systems.


    b.5.c. Employing coherent optical transmission or coherent 
optical detection

[[Page 52973]]

techniques (also called optical heterodyne or homodyne techniques);
    b.5.d. Employing wavelength division multiplexing techniques; or
    b.5.e. Performing ``optical amplification'';
    b.6. Radio equipment operating at input or output frequencies 
exceeding:
    b.6.a. 31 GHz for satellite-earth station applications; or
    b.6.b. 26.5 GHz for other applications;


    Note: 5A991.b.6. does not control equipment for civil use when 
conforming with an International Telecommunications Union (ITU) 
allocated band between 26.5 GHz and 31 GHz.


    b.7. Being radio equipment employing any of the following:
    b.7.a. Quadrature-amplitude-modulation (QAM) techniques above 
level 4 if the ``total digital transfer rate'' exceeds 8.5 Mbit/s;
    b.7.b. QAM techniques above level 16 if the ``total digital 
transfer rate'' is equal to or less than 8.5 Mbit/s; or
    b.7.c. Other digital modulation techniques and having a 
``spectral efficiency'' exceeding 3 bit/s/Hz;


    Notes: 1. 5A991.b.7 does not control equipment specially 
designed to be integrated and operated in any satellite system for 
civil use.

    2. 5A991.b.7 does not control radio relay equipment for 
operation in an ITU allocated band:
    a. Having any of the following:
    a.1. Not exceeding 960 MHz; or
    a.2. With a ``total digital transfer rate'' not exceeding 8.5 
Mbit/s; and
    b. Having a ``spectral efficiency'' not exceeding 4 bit/s/Hz.
    b.8. Providing functions of digital ``signal processing'' as 
follows:
    b.8.a. Voice coding at rates less than 2,400 bit/s;
    b.8.b. Employing circuitry that incorporates ``user-accessible 
programmability'' of digital ``signal processing'' circuits 
exceeding the limits of 4A003.b.
    c. ``Stored program controlled'' switching equipment and related 
signaling systems, having any of the following characteristics, 
functions or features, and specially designed components and 
accessories therefor:


    Note: Statistical multiplexers with digital input and digital 
output which provide switching are treated as ``stored program 
controlled'' switches.


    c.1. ``Data (message) switching'' equipment or systems designed 
for ``packet-mode operation'' and assemblies and components 
therefor, n.e.s.
    c.2. Containing ``Integrated Services Digital Network'' (ISDN) 
functions and having any of the following:
    c.2.a. Switch-terminal (e.g., subscriber line) interfaces with a 
``digital transfer rate'' at the highest multiplex level exceeding 
192,000 bit/s, including the associated signaling channel (e.g., 
2B+D); or
    c.2.b. The capability that a signaling message received by a 
switch on a given channel that is related to a communication on 
another channel may be passed through to another switch.

    Note: 5A991.c does not preclude the evaluation and appropriate 
actions taken by the receiving switch or unrelated user message 
traffic on a D channel of ISDN.

    c.3. Routing or switching of ``datagram'' packets;
    c.4. Routing or switching of ``fast select'' packets;

    Note: The restrictions in 5A991.c.3 and c.4 do not apply to 
networks restricted to using only ``network access controllers'' or 
to ``network access controllers'' themselves.

    c.5. Multi-level priority and pre-emption for circuit switching;

    Note: 5A991.c.5 does not control single-level call preemption.

    c.6. Designed for automatic hand-off of cellular radio calls to 
other cellular switches or automatic connection to a centralized 
subscriber data base common to more than one switch;
    c.7. Containing ``stored program controlled'' digital cross 
connect equipment with ``digital transfer rate'' exceeding 8.5 Mbit/
s per port.
    c.8. ``Common channel signaling'' operating in either non-
associated or quasi-associated mode of operation;
    c.9. ``Dynamic adaptive routing'';

    Note: 5A991.c.10 does not control packet switches or routers 
with ports or lines not exceeding the limits in 5A991.c.10.

    c.10. Being packet switches, circuit switches and routers with 
ports or lines exceeding any of the following:
    c.10.a. A ``data signaling rate'' of 64,000 bit/s per channel 
for a ``communications channel controller''; or

    Note: 5A991.c.10.a does not control multiplex composite links 
composed only of communication channels not individually controlled 
by 5A991.b.1.

    c.10.b. A ``digital transfer rate'' of 33 Mbit/s for a ``network 
access controller'' and related common media;
    c.11. ``Optical switching'';
    c.12. Employing ``Asynchronous Transfer Mode'' (``ATM'') 
techniques.
    d. Optical fibers and optical fiber cables of more than 50 m in 
length designed for single mode operation;
    e. Centralized network control having all of the following 
characteristics:
    e.1. Receives data from the nodes; and
    e.2. Process these data in order to provide control of traffic 
not requiring operator decisions, and thereby performing ``dynamic 
adaptive routing'';


    Note: 5A991.e does not preclude control of traffic as a function 
of predictable statistical traffic conditions.

    f. Phased array antennae, operating above 10.5 GHz, containing 
active elements and distributed components, and designed to permit 
electronic control of beam shaping and pointing, except for landing 
systems with instruments meeting International Civil Aviation 
Organization (ICAO) standards (microwave landing systems (MLS)).
    g. Mobile communications equipment, n.e.s., and assemblies and 
components therefor; or
    h. Radio relay communications equipment designed for use at 
frequencies equal to or exceeding 19.7 GHz and assemblies and 
components therefor, n.e.s.


0
26. 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) 5D001 
is amended by revising the ``items'' paragraph in the List of Items 
Controlled section, to read as follows:

    5D001 ``Software'', as described in the List of Items 
Controlled.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. ``Software'' specially designed or modified for the 
``development'', ``production'' or ``use'' of equipment, functions 
or features controlled by 5A001 or 5B001.
    b. ``Software'' specially designed or modified to support 
``technology'' controlled by 5E001.
    c. Specific ``software'' specially designed or modified to 
provide characteristics, functions or features of equipment 
controlled by 5A001 or 5B001.
    d. ``Software'' specially designed or modified for the 
``development'' of any of the following telecommunication 
transmission or switching equipment:
    d.1. Equipment employing digital techniques, including designed 
to operate at a ``total digital transfer rate'' exceeding 15 Gbit/s;

    Technical Note: For switching equipment the ``total digital 
transfer rate'' is measured at the highest speed port or line.

    d.2. Equipment employing a ``laser'' and having any of the 
following:
    d.2.a. A transmission wavelength exceeding 1750 nm; or
    d.2.b. Employing analog techniques and having a bandwidth 
exceeding 2.5 GHz;

    Note: 5D001.d.2.b. does not control ``software'' specially 
designed or modified for the ``development'' of commercial TV 
systems.

    d.3. Equipment employing ``optical switching''; or
    d.4. Radio equipment employing quadrature-amplitude-modulation 
(QAM) techniques above level 256.


0
27. 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) 5D991 
is amended by revising the heading and ``items'' paragraph in the List 
of Items Controlled section, to read as follows:

    5D991 ``Software'' specially designed or modified for the 
``development'', ``production'' or ``use'' of equipment controlled 
by 5A991 and 5B991, and

[[Page 52974]]

dynamic adaptive routing software as described in the List of Items 
Controlled.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. ``Software'', other than in machine-executable form, 
specially designed for ``dynamic adaptive routing''.
    b. [RESERVED]


0
28. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security'', Part 2--
Information Security, Export Control Classification Number (ECCN) 5A002 
is amended by revising the ``related controls'' and the ``items'' 
paragraphs in the List of Items Controlled section, to read as follows:

    5A002 Systems, equipment, application specific ``electronic 
assemblies'', modules and integrated circuits for ``information 
security'', as follows (see List of Items Controlled), and other 
specially designed components therefor.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: 5A002 does not control the items listed in 
paragraphs (a) through (f) in the Note in the items paragraph of 
this entry. These items are instead controlled under ECCN 5A992. 
5A002 does not control commodities eligible for the Cryptography 
Note (Category 5 Part 2 Note 3).
    Related Definitions: * * *
    Items:

    Note: 5A002 does not control the following. However, these items 
are instead controlled under 5A992:

    (a) ``Personalized smart cards'':
    (1) Where the cryptographic capability is restricted for use in 
equipment or systems excluded from control paragraphs (b) through 
(f) of this Note; or
    (2) For general public-use applications where the cryptographic 
capability is not user-accessible and it is specially designed and 
limited to allow protection of personal data stored within.
    N.B.: If a ``personalized smart card'' has multiple functions, 
the control status of each function is assessed individually.
    (b) Receiving equipment for radio broadcast, pay television or 
similar restricted audience broadcast of the consumer type, without 
digital encryption except that exclusively used for sending the 
billing or program-related information back to the broadcast 
providers.
    (c) Equipment where the cryptographic capability is not user-
accessible and which is specially designed and limited to allow any 
of the following:
    (1) Execution of copy-protected ``software'';
    (2) Access to any of the following:
    (a) Copy-protected contents stored on read-only media; or
    (b) Information stored in encrypted form on media (e.g., in 
connection with the protection of intellectual property rights) 
where the media is offered for sale in identical sets to the public;
    (3) Copying control of copyright protected audio/video data; or
    (4) Encryption and/or decryption for protection of libraries, 
design attributes, or associated data for the design of 
semiconductor devices or integrated circuits;
    (d) Cryptographic equipment specially designed and limited for 
banking use or money transactions;
    N.B.: The term ``money transactions'' includes the collection 
and settlement of fares or credit functions.
    (e) Portable or mobile radiotelephones for civil use (e.g., for 
use with commercial civil cellular radio communications systems) 
that are not capable of end-to-end encryption.
    (f) Cordless telephone equipment not capable of end-to-end 
encryption where the maximum effective range of unboosted cordless 
operation (e.g., a single, unrelayed hop between terminal and home 
basestation) is less than 400 meters according to the manufacturer's 
specifications.

    Technical Note: Parity bits are not included in the key length.

    a. Systems, equipment, application specific ``electronic 
assemblies'', modules and integrated circuits for ``information 
security'', as follows, and other specially designed components 
therefor:
    N.B.: For the control of global navigation satellite systems 
receiving equipment containing or employing decryption (e.g., GPS or 
GLONASS) see 7A005.
    a.1. Designed or modified to use ``cryptography'' employing 
digital techniques performing any cryptographic function other than 
authentication or digital signature having any of the following:
    Technical Notes:
    1. Authentication and digital signature functions include their 
associated key management function.
    2. Authentication includes all aspects of access control where 
there is no encryption of files or text except as directly related 
to the protection of passwords, Personal Identification Numbers 
(PINs) or similar data to prevent unauthorized access.
    3. ``Cryptography'' does not include ``fixed'' data compression 
or coding techniques.

    Note: 5A002.a.1 includes equipment designed or modified to use 
``cryptography'' employing analog principles when implemented with 
digital techniques.

    a.1.a. A ``symmetric algorithm'' employing a key length in 
excess of 56-bits; or
    a.1.b. An ``asymmetric algorithm'' where the security of the 
algorithm is based on any of the following:
    a.1.b.1. Factorization of integers in excess of 512 bits (e.g., 
RSA);
    a.1.b.2. Computation of discrete logarithms in a multiplicative 
group of a finite field of size greater than 512 bits (e.g., Diffie-
Hellman over Z/pZ); or
    a.1.b.3. Discrete logarithms in a group other than mentioned in 
5A002.a.1.b.2 in excess of 112 bits (e.g., Diffie-Hellman over an 
elliptic curve);
    a.2. Designed or modified to perform cryptanalytic functions;
    a.3. [RESERVED]
    a.4. Specially designed or modified to reduce the compromising 
emanations of information-bearing signals beyond what is necessary 
for health, safety or electromagnetic interference standards;
    a.5. Designed or modified to use cryptographic techniques to 
generate the spreading code for ``spread spectrum'' systems, not 
controlled in 5A002.a.6., including the hopping code for ``frequency 
hopping'' systems;
    a.6. Designed or modified to use cryptographic techniques to 
generate channelizing codes, scrambling codes or network 
identification codes, for systems using ultra-wideband modulation 
techniques, having any of the following characteristics:
    a.6.a. A bandwidth exceeding 500 MHz; or
    a.6.b. A ``fractional bandwidth'' of 20% or more;
    a.7. [RESERVED]
    a.8. Communications cable systems designed or modified using 
mechanical, electrical or electronic means to detect surreptitious 
intrusion;
    a.9. Designed or modified to use ``quantum cryptography.''

    Technical Notes:
    1. `Quantum cryptography' A family of techniques for the 
establishment of a shared key for ``cryptography'' by measuring the 
quantum-mechanical properties of a physical system (including those 
physical properties explicitly governed by quantum optics, quantum 
field theory, or quantum electrodynamics).
    2. ``Quantum cryptography'' is also known as quantum key 
distribution (QKD).


0
29. 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 heading, the ``LVS'' paragraph in the 
License Exceptions section, and the ``related controls'' and ``items'' 
paragraphs in the List of Items Controlled section, to read as follows:

    6A006 ``Magnetometers'', ``magnetic gradiometers'', ``intrinsic 
magnetic gradiometers'', underwater electric field sensors, 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.d.
    GBS: * * *
    CIV: * * *

List of Items Controlled

    Unit:* * *
    Related Controls: See also 6A996. This entry does not control 
instruments specially designed for fishery applications or

[[Page 52975]]

biomagnetic measurements for medical diagnostics.
    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;
    b. Underwater electric field sensors having a ``noise level'' 
(sensitivity) lower (better) than 8 nanovolt per meter per square 
root Hz when measured at 1 Hz.
    c. ``Magnetic gradiometers'' as follows:
    c.1. ``Magnetic gradiometers'' using multiple ``magnetometers'' 
controlled by 6A006.a;
    c.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;
    c.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
    d. Compensation systems for magnetic and Underwater Electric 
Field Sensors resulting in a performance equal to or better than the 
control parameters of 6A006.a, 6A006.b, and 6A006.c.

0
30. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6--Sensors, Export Control Classification Number (ECCN) 6D003 
is amended by revising the ``items'' paragraph in the List of Items 
Controlled section, to read as follows:

    6D003 Other ``software'', as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Acoustics ``software'', as follows:
    a.1. ``Software'' specially designed for acoustic beam forming 
for the ``real time processing'' of acoustic data for passive 
reception using towed hydrophone arrays;
    a.2. ``Source code'' for the ``real time processing'' of 
acoustic data for passive reception using towed hydrophone arrays;
    a.3. ``Software'' specially designed for acoustic beam forming 
for the ``real time processing'' of acoustic data for passive 
reception using bottom or bay cable systems;
    a.4. ``Source code'' for the ``real time processing'' of 
acoustic data for passive reception using bottom or bay cable 
systems.
    b. Optical sensors. None.
    c. Cameras. None.
    d. Optics. None.
    e. Lasers. None
    f. Magnetic and Electric Field Sensors ``software'', as follows:
    f.1. ``Software'' specially designed for magnetic and electric 
field compensation systems for magnetic sensors designed to operate 
on mobile platforms;
    f.2. ``Software'' specially designed for magnetic and electric 
field anomaly detection on mobile platforms;
    g. Gravimeters. ``Software'' specially designed to correct 
motional influences of gravity meters or gravity gradiometers;
    h. Radar ``software'', as follows:
    h.1. Air Traffic Control ``software'' application ``programs'' 
hosted on general purpose computers located at Air Traffic Control 
centers and capable of any of the following:
    h.1.a. Processing and displaying more than 150 simultaneous 
``system tracks''; or
    h.1.b. Accepting radar target data from more than four primary 
radars;
    h.2. ``Software'' for the design or ``production'' of radomes 
which:
    h.2.a. Are specially designed to protect the ``electronically 
steerable phased array antennae'' controlled by 6A008.e.; and
    h.2.b. Result in an antenna pattern having an ``average side 
lobe level'' more than 40 dB below the peak of the main beam level.

    Technical Note:  ``Average side lobe level'' in 6D003.h.2.b is 
measured over the entire array excluding the angular extent of the 
main beam and the first two side lobes on either side of the main 
beam.


0
31. 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:
    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. Magnetic and Electric Field Sensors. None.
    g. Gravimeters. None.
    h. Radar. None.


0
32. 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:

[[Page 52976]]

    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:
    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;

    Note: 8A002.f does not control digital cameras specially 
designed for consumer purposes, other than those employing 
electronic image multiplication techniques.

    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

[[Page 52977]]

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 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
33. 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 ``unit'' and ``items'' paragraphs in the List of Items 
Controlled section, to read as follows:

    9A001 Aero gas turbine engines incorporating any of the 
``technologies'' controlled by 9E003.a, as follows (see List of 
Items Controlled).
* * * * *

List of Items Controlled

    Unit: Number
    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 one 
of the following has been issued by a Participating State listed in 
Supplement No. 1 to Part 743 for the aircraft with this specific 
engine type.
    a. A civil Type Certificate; or
    b. An equivalent document recognized by the International Civil 
Aviation Organization (ICAO).
    b. Designed to power an aircraft designed to cruise at Mach 1 or 
higher for more than 30 minutes.


0
34. 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) 9A012 is amended by 
revising the ``heading;'' and the ``related controls'' and the 
``items'' paragraphs in the List of Items Controlled section, to read 
as follows:

    9A012 Non-military ``unmanned aerial vehicles,'' (``UAVs''), 
associated systems, equipment and components as follows. (see List 
of Items Controlled). 
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: See the U.S. Munitions List Category VIII (22 
CFR Part 121). Also see section 744.3 of the EAR.
    Related Definitions: * * *
    Items:
    a. ``UAVs'' having any of the following:
    a.1. An autonomous flight control and navigation capability 
(e.g., an autopilot with an Inertial Navigation System); or
    a.2. Capability of controlled flight out of the direct visual 
range involving a human operator (e.g., televisual remote control).
    b. Associated systems, equipment and components as follows:
    b.1. Equipment specially designed for remotely controlling the 
``UAVs'' controlled by 9A012.a.;
    b.2. Guidance or control systems, other than those controlled in 
Category 7, specially designed for integration into ``UAVs'' 
controlled by 9A012.a.;
    b.3. Equipment and components specially designed to convert a 
manned ``aircraft'' to a ``UAV'' controlled by 9A012.a.

    Note: 9A012 does not control model aircraft.



0
35. 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) 9B010 is added following 
ECCN 9B009, to read as follows:

    9B010 Equipment specially designed for the production of 
``UAVs'' and associated systems, equipment and components controlled 
by 9A012.

License Requirements

    Reason for Control: NS, AT

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

License Exceptions

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

List of Items Controlled

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


0
36. 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) 9D001 is amended by 
revising the License Requirement section, to read as follows:

    9D001 ``Software'' specially designed or modified for the 
``development'' of equipment or ``technology'' controlled by 9A 
(except 9A018, 9A990 or 9A991), 9B (except 9B990 or 9B991) or 9E003.

License Requirements

    Reason for Control: NS, MT, AT

------------------------------------------------------------------------
               Control(s)                          Country chart
------------------------------------------------------------------------
NS applies to ``software'' for items      NS Column 1.
 controlled by 9A001 to 9A003, 9A012,
 9B001 to 9B010, 9E003.
MT applies to ``software'' for equipment  MT Column 1.
 controlled by 9A106.a and .b, or 9B116
 for MT reasons.
AT applies to entire entry..............  AT Column 1.
------------------------------------------------------------------------


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

* * * * *

0
37. 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) 9D002 is amended by 
revising the License Requirement section, to read as follows:

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

License Requirements

    Reason for Control: NS, MT, AT

------------------------------------------------------------------------
               Control(s)                          Country chart
------------------------------------------------------------------------
NS applies to ``software'' for equipment  NS Column 1.
 controlled by 9A001 to 9A003, 9A012,
 9B001 to 9B010, or 9E003.
MT applies to ``software'' for equipment  MT Column 1.
 controlled by 9B116 for MT reasons.
AT applies to entire entry..............  AT Column 1.
------------------------------------------------------------------------


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


* * * * *

0
38. 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) 9D004 is amended by 
revising the ``items'' paragraph in the List of Items Controlled 
section, to read as follows:


[[Page 52978]]


    9D004 Other ``software'', as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. 2D or 3D viscous ``software'' validated with wind tunnel or 
flight test data required for detailed engine flow modelling;
    b. ``Software'' for testing aero gas turbine engines, assemblies 
or components, specially designed to collect, reduce and analyze 
data in real time, and capable of feedback control, including the 
dynamic adjustment of test articles or test conditions, as the test 
is in progress;
    c. ``Software'' specially designed to control directional 
solidification or single crystal casting;
    d. ``Software'' in ``source code'', ``object code'' or machine 
code required for the ``use'' of active compensating systems for 
rotor blade tip clearance control.

    Note: 9D004.d does not control ``software'' embedded in 
uncontrolled equipment or required for maintenance activities 
associated with the calibration or repair or updates to the active 
compensating clearance control system.

    e. ``Software'' specially designed or modified for the ``use'' 
of ``UAVs'' and associated systems, equipment and components 
controlled by 9A012.


0
39. 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) 9E001 is amended by 
revising the Heading and the License Requirement section, to read as 
follows:

    9E001 ``Technology'' according to the General Technology Note 
for the ``development'' of equipment or ``software'' controlled by 
9A001.c, 9A004 to 9A012, 9B (except 9B990 or 9B991), or 9D (except 
9D990 or 9D991).

License Requirements

    Reason for Control: NS, MT, AT

------------------------------------------------------------------------
               Control(s)                          Country chart
------------------------------------------------------------------------
NS applies to ``technology'' for items    NS Column 1.
 controlled by 9A001.c, 9A012, 9B001 to
 9B010, 9D001 to 9D004 for NS reasons.
MT applies to ``technology'' for items    MT Column 1.
 controlled by 9B001, 9B002, 9B003,
 9B004, 9B005, 9B007, 9B105, 9B106,
 9B116, 9B117, 9D001, 9D002, 9D003, and
 9D004 for MT reasons.
AT applies to entire entry..............  AT Column 1.
------------------------------------------------------------------------


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

* * * * *


0
40. 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) 9E003 is amended by 
revising the items paragraph of the List of Items Controlled section, 
to read as follows:

    9E003 Other ``technology'', as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. ``Technology'' ``required'' for the ``development'', 
``production'' of any of the following gas turbine engine components 
or systems:
    a.1. Gas turbine blades, vanes or tip shrouds made from 
directionally solidified (DS) or single crystal (SC) alloys having 
(in the 001 Miller Index Direction) a stress-rupture life exceeding 
400 hours at 1,273 K (1,000 [deg]C) at a stress of 200 MPa, based on 
the average property values;
    a.2. Multiple domed combustors operating at average burner 
outlet temperatures exceeding 1,813 K (1,540 [deg]C) or combustors 
incorporating thermally decoupled combustion liners, non-metallic 
liners or non-metallic shells;
    a.3. Components manufactured from any of the following:
    a.3.a. Organic ``composite'' materials designed to operate above 
588 K (315 [deg]C);
    a.3.b. Metal ``matrix'' ``composite'', ceramic ``matrix'', 
intermetallic or intermetallic reinforced materials controlled by 
1C007; or
    a.3.c. ``Composite'' material controlled by 1C010 and 
manufactured with resins controlled by 1C008.
    a.4. Uncooled turbine blades, vanes, tip-shrouds or other 
components designed to operate at gas path temperatures of 1,323 K 
(1,050 [deg]C) or more;
    a.5. Cooled turbine blades, vanes or tip-shrouds, other than 
those described in 9E003.a.1, exposed to gas path temperatures of 
1,643 K (1,370 [deg]C) or more;
    a.6. Airfoil-to-disk blade combinations using solid state 
joining;
    a.7. Gas turbine engine components using ``diffusion bonding'' 
``technology'' controlled by 2E003.b;
    a.8. Damage tolerant gas turbine engine rotating components 
using powder metallurgy materials controlled by 1C002.b;
    a.9. Full authority digital electronic engine control (FADEC) 
for gas turbine and combined cycle engines and their related 
diagnostic components, sensors and specially designed components;
    a.10. Adjustable flow path geometry and associated control 
systems for:
    a.10.a. Gas generator turbines;
    a.10.b. Fan or power turbines;
    a.10.c. Propelling nozzles; or

    Note 1: Adjustable flow path geometry and associated control 
systems in 9E003.a.10 do not include inlet guide vanes, variable 
pitch fans, variable stators or bleed valves for compressors.


    Note 2: 9E003.a.10 does not control ``development'' or 
``production'' ``technology'' for adjustable flow path geometry for 
reverse thrust.

    a.11. Hollow fan blades;
    b. ``Technology'' ``required'' for the ``development'' or 
``production'' of any of the following:
    b.1. Wind tunnel aero-models equipped with non-intrusive sensors 
capable of transmitting data from the sensors to the data 
acquisition system; or
    b.2. ``Composite'' propeller blades or propfans capable of 
absorbing more than 2,000 kW at flight speeds exceeding Mach 0.55;
    c. ``Technology'' ``required'' for the ``development'' or 
``production'' of gas turbine engine components using ``laser'', 
water jet, ECM or EDM hole drilling processes to produce holes 
having any of the following sets of characteristics:
    c.1. All of the following:
    c.1.a. Depths more than four times their diameter;
    c.1.b. Diameters less than 0.76 mm; and
    c.1.c. Incidence angles equal to or less than 25 [deg]; or
    c.2. All of the following:
    c.2.a. Depths more than five times their diameter;
    c.2.b. Diameters less than 0.4 mm; and
    c.2.c. Incidence angles of more than 25 [deg];

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

    d. ``Technology'' ``required'' for the ``development'' or 
``production'' of helicopter power transfer systems or tilt rotor or 
tilt wing ``aircraft'' power transfer systems;
    e. ``Technology'' for the ``development'' or ``production'' of 
reciprocating diesel engine ground vehicle propulsion systems having 
all of the following:
    e.1. A box volume of 1.2 m3 or less;
    e.2. An overall power output of more than 750 kW based on 80/
1269/EEC, ISO 2534 or national equivalents; and
    e.3. A power density of more than 700 kW/m3 of box 
volume;

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

    Length: The length of the crankshaft from front flange to 
flywheel face;
    Width: The widest of the following:
    a. The outside dimension from valve cover to valve cover;
    b. The dimensions of the outside edges of the cylinder heads; or
    c. The diameter of the flywheel housing.
    Height: The largest of the following:
    a. The dimension of the crankshaft center-line to the top plane 
of the valve cover (or cylinder head) plus twice the stroke; or
    b. The diameter of the flywheel housing.

[[Page 52979]]

    f. ``Technology'' ``required'' for the ``production'' of 
specially designed components, as follows, for high output diesel 
engines:
    f.1. ``Technology'' ``required'' for the ``production'' of 
engine systems having all of the following components employing 
ceramics materials controlled by 1C007:
    f.1.a Cylinder liners;
    f.1.b. Pistons;
    f.1.c. Cylinder heads; and
    f.1.d. One or more other components (including exhaust ports, 
turbochargers, valve guides, valve assemblies or insulated fuel 
injectors);
    f.2. ``Technology'' ``required'' for the ``production'' of 
turbocharger systems, with single-stage compressors having all of 
the following:
    f.2.a. Operating at pressure ratios of 4:1 or higher;
    f.2.b. A mass flow in the range from 30 to 130 kg per minute; 
and
    f.2.c. Variable flow area capability within the compressor or 
turbine sections;
    f.3. ``Technology'' ``required'' for the ``production'' of fuel 
injection systems with a specially designed multifuel (e.g., diesel 
or jet fuel) capability covering a viscosity range from diesel fuel 
(2.5 cSt at 310.8 K (37.8 [deg]C)) down to gasoline fuel (0.5 cSt at 
310.8 K (37.8 [deg]C)), having both of the following:
    f.3.a. Injection amount in excess of 230 mm3 per 
injection per cylinder; and
    f.3.b. Specially designed electronic control features for 
switching governor characteristics automatically depending on fuel 
property to provide the same torque characteristics by using the 
appropriate sensors;
    g. ``Technology'' ``required'' for the development'' or 
``production'' of high output diesel engines for solid, gas phase or 
liquid film (or combinations thereof) cylinder wall lubrication, 
permitting operation to temperatures exceeding 723 K (450 [deg]C), 
measured on the cylinder wall at the top limit of travel of the top 
ring of the piston.
    h. ``Technology'' not otherwise controlled in 9E003.a.1 through 
a.10 and currently used in the ``development'', ``production'', or 
overhaul of hot section parts and components of civil derivatives of 
military engines controlled on the U.S. Munitions List.

    Dated: August 28, 2006.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 06-7385 Filed 9-6-06 8:45 am]
BILLING CODE 3510-33-P