[Federal Register Volume 75, Number 172 (Tuesday, September 7, 2010)]
[Rules and Regulations]
[Pages 54271-54285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21688]



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  Federal Register / Vol. 75, No. 172 / Tuesday, September 7, 2010 / 
Rules and Regulations  

[[Page 54271]]



DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 734, 742, 743, 744, 772, 774

[Docket No. 100413184-0299-01]
RIN 0694-AE91


Wassenaar Arrangement 2009 Plenary Agreements Implementation: 
Categories 1, 2, 3, 4, 5 Part I, 6, 7, and 9 of the Commerce Control 
List, Definitions, Reports

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

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) 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) at 
the December 2009 WA Plenary Meeting (the Plenary). The Wassenaar 
Arrangement advocates implementation of effective export controls on 
strategic items with the objective of improving regional and 
international security and stability. To harmonize with the changes 
made to the Wassenaar List at the Plenary, this rule revises the EAR by 
amending certain entries that are controlled for national security 
reasons in Categories 1, 2, 3, 4, 5 Part I (telecommunications), 6, 7, 
and 9, revising reporting requirements, and adding, removing and 
amending EAR Definitions.
    The changes agreed to at the Plenary that pertain to Export Control 
Classification Numbers (ECCNs) 5A002, 5D002, 6A002, 6A003, 8A002 and 
all related ECCNs will be implemented in a separate rule because of the 
sensitivity of the items and complexity of procedures and controls for 
these items. The changes agreed to at the Plenary that pertain to 
raising the Adjusted Peak Performance (APP) for digital computers in 
ECCN 4A003 will be implemented in a separate rule when the President's 
report for High Performance Computers has been sent to Congress that 
sets forth the new APP in accordance with the National Defense 
Authorization Act for FY1998.

DATES: Effective Date: This rule is effective: September 7, 2010.

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

Category 1: Bob Teer at 202-482-4749.
Category 2: George Loh at 202-482-3570.
Category 3: Brian Baker at 202-482-5534.
Category 4: Joseph Young at 202-482-4197.
Category 5 Part 1: Joseph Young at 202-482-4197.
Category 6: Chris Costanzo at 202-482-0718 (optics), John Varesi 202-
482-1114 (sensors & cameras) and Mark Jaso at 202-482-0987 (lasers).
Category 7: Daniel Squire at 202-482-3710.
Category 9: Gene Christensen at 202-482-2984.

SUPPLEMENTARY INFORMATION:

Background

    In July 1996, the United States and thirty-three other countries 
gave final approval to the establishment of a new multilateral export 
control arrangement called the Wassenaar Arrangement on Export Controls 
for Conventional Arms and Dual Use Goods and Technologies (Wassenaar 
Arrangement 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 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 
a common understanding of the risks associated with the transfers of 
these items. For more information on the Wassenaar Arrangement go to 
http://www.wassenaar.org/.

Revisions to the Commerce Control List

    This rule revises a number of entries on the Commerce Control List 
(CCL) to implement the changes to the Wassenaar List of Dual Use Goods 
and Technologies agreed to at the December 2009 WA Plenary meeting. 
This rule also revises language to provide a complete or more accurate 
description of controls in certain ECCNs, as submitted by the Task 
Force for Editorial Issues (TFEI) and agreed to at the WA Plenary. The 
following ECCNs are amended by this rule: 1A001, 1A002, 1B001, 1C002, 
1C006, 1C007, 1C008, 1C010, 1C011, 1E002, 2B006, 3A001, 3A002, 3B001, 
4A001, 4A003, 4D001, 4D993, 4E001, 5A001, 5B001, 5D001, 5E001, 6A001, 
6A005, 6A006, 6A008, 6C004, 6D003, 6E993, 7A005, 7B001, 7D003, 7E004, 
9A001, 9A003, 9B002, 9D003, and 9E003. ECCN 4D003 is removed by this 
rule. These changes are described in more detail below.

Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and Toxins

    ECCN 1A001 is amended by adding a Chemical Abstracts Service (CAS) 
number and the phrase ``having all of the following'' to paragraph b to 
clarify the text.
    ECCN 1A002 is amended by:
    Revising Note 1 at the beginning of the Items paragraph to change 
the size of composite structures or laminates used for the repair of 
``civil aircraft,'' to address the increasing usage of carbon materials 
in commercial aircraft. The current size limit set forth in this ECCN 
limits the ability of airlines to repair aircraft successfully and in a 
timely manner because of the time needed to obtain an export license 
for sizes other than those allowed without license under Note 1 of this 
ECCN.
    ECCN 1B001 is amended by:

--Revising the heading to more precisely describe what is in the

[[Page 54272]]

entry, by adding the phrases ``or inspection'', ``structures or 
laminates'', and ``fibrous or filamentary materials'' specified by''; 
and removing the phrase ``fibers, prepregs, performs or''.
--Revising the Missile Technology (MT) control paragraph in the License 
Requirements section by replacing the phrase ``entire entry except 
1B001.d.4 and .f '' with the phrase ``entire entry, except 1B001.d.4, e 
and f '' and removing the Note that follows the MT control paragraph.
--In 1B001.a, adding a comma after ``filament winding machines'' and 
adding the term ``primary servo positioning'' before axes, which is 
defined in the technical note of the newly added paragraph 1B001.g.
--In 1B001.b, moving ``tow placement machines'' to 1B001.g to remove 
machines capable of more complex airframe and missile structures from 
this paragraph; moving a comma to correct the punctuation; replacing 
the phrase ``two * * * axes'' with ``five * * * axes'' to focus the 
control on those capable of manufacturing complex ``composite'' 
airframe or missile structures; and adding the term `primary servo 
positioning' before axes to indicate which axes this control pertains 
to.
--Adding a new paragraph 1B001.g for tow placement machines previously 
specified by 1B001.b, to establish a separate paragraph for machines 
capable of more complex airframe and missile structures. This new 
paragraph is subject to MT controls, as well as National Security (NS) 
and Anti-Terrorism (AT) controls.
--Adding a new technical note to define `primary servo positioning' 
throughout 1B001.
    ECCN 1C002 is amended by adding the phrase ``the powder or 
particulate'' before ``material controlled by 1C002.c'' in 1C002.b in 
order to clarify which type of materials are controlled.
    ECCN 1C006 is amended by adding a CAS number(s) to paragraph 
1C006.c for clarity.
    ECCN 1C007 is amended by adding a CAS number to paragraph 1C007.f 
for clarity.
    ECCN 1C008 is amended by adding CAS numbers to paragraphs b.1.a, 
b.2.a, b.2.b, and b.2.c for clarity.
    ECCN 1C010 is amended by:
--Deleting part of the Heading to remove the text beginning with the 
phrase ``which can be used in organic * * *.''. This text is ambiguous 
and did not contribute to the original intent of the control, and could 
be interpreted to limit the scope of the control.
--Making editorial changes to 1C010.a.1 and a.2, b.1 and b.2, c.1 and 
c.2 to remove words that do not add substance or clarity to the control 
text in these paragraphs.
--Revising the control parameters in 1C010.b.1 ``specific modulus'' and 
b.2 ``specific tensile strength'' for carbon ``fibrous or filamentary 
materials'' because of foreign availability outside of WA member 
countries and to recognize industry improvements to the processing of 
these materials.
--Revising size of the structures or laminate in the Note to 1C010.b 
for repair of civil aircraft because a high percentage of the damages 
to civil aircraft have long, thin, and shallow characteristics caused 
by ground equipment. Revising the size of these structures or laminate 
makes them more accessible for the repair of civil aircraft, from an 
export licensing perspective.
--Adding a new paragraph b to the note to 1C010.b to decontrol certain 
short carbon fibers that are the product of chopping, milling or 
cutting, because material properties of 1C010 carbon fibers shorter 
than 25.0 mm are significantly reduced.
--Revising 1C010.e to have a more consistent format, to treat phenolic 
resins separately from other resins, and to add a note to direct the 
public to the correct control text for pre-forms that are not 
impregnated (i.e., dry).
--Revising the technical note describing ``glass transition 
temperature'' to read ``Dynamic Mechanical Analysis glass transition 
temperature (DMA Tg),'' to reflect the new term as used in 1C010.e. 
This rule also implements a new measurement standard ASTM D 7028 in 
this technical note, which measures the DMA Tg on a cured laminate with 
clear data interpretation instructions, to reduce errors and 
inconsistencies associated with measuring resin DMA Tg.

    ECCN 1C011 is amended by adding a CAS number(s) to paragraph 
1C011.c for clarity.
    ECCN 1E002 is amended by adding a CAS number(s) to paragraph 
1E002.c.1.c.1 for clarity.
    Annex to Category 1 ``List of Explosives (See ECCNs 1A004 and 
1A008)'' is amended by adding CAS number(s) to paragraphs 6 and 35 
through 42.

Category 2--Materials Processing

    ECCN 2B006 is amended by adding capitalization for correct format 
and adding a technical note to indicate the required configuration of 
Coordinate Measuring Machines (CMM) when calculating the maximum 
permissible error of indication parameter.

Category 3--Electronics

    ECCN 3A001 is amended by:

--Adding a hyphen in the word ``space-qualified'' in paragraphs 
3A001.b.1.a.4.c and e.4, to correct the format of the term.
--Removing the word ``density'' after output power in paragraph 
3A001.b.8.b in order to remove a word that WA never intended to include 
in this paragraph.
--Adding 3A001.b.11 to control items moved to ECCN 3A001 from 3A002.b. 
This move makes it clear that the ``electronic assemblies'' controlled 
by this entry are components, and not instruments, which is how the 
assemblies were characterized incorrectly in 3A002.b.

    ECCN 3A002 is amended by:

--Revising the License Exception section to remove references to 
3A002.b to harmonize with the movement of 3A002.b to 3A001.b11.
--Adding a hyphen in the word ``space-qualified'' in paragraph 
3A002.a.3.b, g.1 and g.3, to correct the format of the term.
--Removing and reserving 3A002.b and incorporating the ``frequency 
synthesizer'' ``electronic assemblies'' controlled by that entry into 
new paragraph 3A001.b.11. This move makes it clear that these 
``frequency synthesizer'' ``electronic assemblies'' are components and 
not instruments, which is how the assemblies were characterized 
incorrectly in 3A002.b.
--Revising the parameters in paragraph 3A002.e to relax the controls on 
network analyzers to more accurately differentiate between commercial 
or civilian applications and applications of strategic concern.

    ECCN 3B001 is amended by:

--Revising the control parameters for anisotropic plasma dry etching 
equipment in 3B001.c to clearly apply the control parameter to device 
nodes of 65 nm or below in order to make the control of this equipment 
consistent with current integrated circuit production sizes, to 
maintain control on more advanced equipment in this ECCN, and to remove 
controls on older equipment and spare parts that are no longer of 
proliferation concern.
--Revising the control parameter for automatic loading multi-chamber 
Central Wafer Handling (CWH) systems in 3B001.e to relax controls on 
two classes of CWH systems that have been found to be of less

[[Page 54273]]

proliferation concern and to place the focus on more advanced CWH.
--Adding technical notes for 3B001.e to provide definitions of two 
terms used in the control text in order to remove ambiguity in the 
control.

Category 4--Computers

    ECCN 4A001 is amended by:

--Removing a reference to 4A001.b from the Limited Value Shipment (LVS) 
paragraph of the License Exception section, because paragraph 4A001.b 
is removed by this rule.
--Adding a reference to Category 5 Part 2 to the Related Controls 
paragraph in the List of Items Controlled section, to correspond with 
the removal of 4A001.b, described below.
--Removing and reserving 4A001.b, which stated ``Having the 
characteristics or performing functions exceeding the limits in 
Category 5, Part 2 (``Information Security'')'', because such hardware 
and software is controlled under 5A002 and 5D002 in Category 5, Part 2. 
This change clarifies where this equipment and software is controlled 
in the CCL.

    ECCN 4A003 is amended by:

--Revising the control parameters for equipment specially designed for 
aggregating the performance of ``digital computers'' in 4A003.g to move 
the control threshold up, to account for bi-directional connectivity at 
double the threshold, as well as to narrow the scope of control to 
ensure that only the equipment of concern is controlled.

Category 4--Product Group D--Software

--Revising the Note at the beginning to remove the sentence, ``The 
control status of `software' for equipment described in this Category 
is dealt with herein,'' because most software for computers contains 
encryption, which is controlled in Category 5.

    ECCN 4D001 is amended by increasing the APP from 0.1 to 0.25 WT in 
4D001.b.1 to account for technological advancements in processor 
technology and to set an APP that will remain relevant for several 
years.
    ECCN 4D003, ``Software having characteristics or performing 
functions exceeding the limits in Category 5, Part 2 (Information 
Security),'' is removed in order to keep all such software controls in 
Category 5 part 2.
    ECCN 4D993 is amended by revising the Heading in order to remove 
the reference to ECCN 4D003, which is removed by this rule.
    ECCN 4E001 is amended by increasing the APP from 0.1 to 0.25 WT in 
4E001.b.1 to account for technological advancements in processor 
technology and to set an APP that will remain relevant for several 
years.

Category 5 Part 1--Telecommunications

    Note 1 in the beginning of Category 5 Part 1 is amended by removing 
the word ``lasers'', because a new nota bene is added to reference ECCN 
6A005 for ``lasers'' specially designed for telecommunications 
equipment or systems.
    ECCN 5A001 is amended by re-inserting back License Exceptions GBS 
and CIV in the License Exception section. These were inadvertently 
removed by the Wassenaar 2008 implementation rule on December 11, 2009 
(74 FR 66000).
    ECCN 5B001 is amended by removing and reserving paragraphs 
5B001.b.1 and b.3 in the Items paragraph of the List of Items 
Controlled section, because these controls are no longer necessary as 
they have been overtaken by the continued advancement in infrastructure 
transmission and switching technology, and because of the wide usage of 
this equipment in commercial applications.
    ECCN 5D001 is amended by removing and reserving paragraphs 
5D001.d.1 and d.3 in the Items paragraph of the List of Items 
Controlled section, to harmonize with the removal of 5B001.b.1 and b.3 
in this rule.
    ECCN 5E001 is amended by:

--Revising the total digital transfer rate from 15 Gbit/s to 50 Gbit/s 
in paragraph 5E001.c.1, to reflect advancement in infrastructure 
transmission and switching technology.
--Revising the text in the technical note to 5E001.c.1 to make it clear 
that the control applies to telecommunication switching equipment and 
to provide additional detail to clarify the text.
--Adding an additional parameter to the existing parameter in 5E001.c.3 
to narrow the scope of control.

Category 6--Sensors and Lasers

    ECCN 6A001 is amended by:

--Adding 6A001.a.1.e to the list of commodities ineligible for License 
Exception LVS, because this newly added commodity is on the sensitive 
list of the Wassenaar Arrangement.
--Revising paragraphs a.1.a and a.1.d in the Items paragraph of the 
List of Items Controlled section, to clarify the text.
--Adding paragraph a.1.e to the Items paragraph of the List of Items 
Controlled section to control active individual sonars, specially 
designed or modified to detect, locate and automatically classify 
swimmers or divers. This new control is necessary to close the loophole 
that exists for these commercial sonar based detection systems that are 
nearly equivalent to existing military systems.

    ECCN 6A005 is amended by:

--Revising the CW output power from ``10W'' to ``15 W'' for individual, 
multiple-transverse mode semiconductor ``lasers'' in paragraph d.1.b.1 
of the Items paragraph because of worldwide technological advancement.
--Replacing the term ``arrays'' with ``bars'' because this is a more 
appropriate term for this control in paragraph d.1.c. The revisions in 
this rule include adding a definition for ``bar'' and ``stacked array'' 
in the Technical Notes at the end of 6A005.d.1.
--Revising the CW output power from ``80 W'' to ``100 W'' for 
individual semiconductor laser bars in paragraph d.1.c.1, because the 
power density export controls otherwise applied to these laser bars 
provide enough control to justify relaxing the export controls for CW 
output power in this entry.
--Revising paragraph 6A005.d.1.d from a control over ``array stacks of 
semiconductor laser containing at least one array controlled by 
6A005.d.1.c'' to a control over ``semiconductor laser stacked arrays 
(two-dimensional arrays), having any of the following * * *'' and 
adding control paragraphs that contain a variation of parameters that 
include: Wavelength, average or Continuous Wave (CW) total output 
power, average or CW output ``power density,'' peak pulsed power 
density, spatial coherent average or CW total output power, because the 
existing control was inadequate to control lasers of this type that are 
militarily critical items.

    ECCN 6A008 is amended by:

--Removing the resolution parameter (12 reasonable elements per mm) 
from the Note at the beginning of the Items paragraph pertaining to 
displays or monitors used for Air Traffic Control (ATC), because today 
ATC terminals typically use raster scan displays and the removed 
parameter is not relevant to raster scan terminals.
--Moving the Note after 6A008.f pertaining to Precision Approach Radar 
(PAR) equipment to the Note at the beginning of the Items paragraph,

[[Page 54274]]

for better visibility. The stated intent of paragraph 6A008.f is to 
capture radar systems that can be used to detect ``human movement'' or 
to detect ``small sub munitions,'' and PARs are not capable of this 
level of detection.
--Removing the double quotes from around the term ``electronically 
steerable phased array antennae'' and removing the word ``phased'' in 
6A008.e, because more advanced radar systems are now using time delay 
techniques, rather than phase shifters, to electronically steer radar 
beams. Deletion of the word ``phased'' will expand the scope of control 
to capture all electronically steered arrays (ESA), which was the 
original intent of the control.

    Revising the parameter in 6A008.l.4 for data processing subsystems 
to include controls on radar sensors that are integrated into such 
subsystems through separate processing equipment such as computers.
    ECCN 6C004 is amended by revising 6C004.b and .e to add the 
Chemical Abstracts Service (CAS) registry numbers for better 
identification of the chemicals that are controlled.
    ECCN 6D003 is amended by:

--Adding paragraph 6D003.a.5 to control software or source code, 
specially designed for real time processing of acoustic data for 
detection devices. The software is loaded onto standard commercial PCs 
and is critical for advanced detection and classification.
--Revising paragraph 6D003.h.1 pertaining to Air Traffic Control (ATC) 
software to account for technological advancements.

Category 7--Navigation and Avionics

    ECCN 7A005 is amended by:

--Revising the Heading to capitalize the words associated with the 
acronym (GNSS), removing the acronyms ``GPS and GLONASS,'' adding the 
words ``having any of the following,'' and moving the parenthetical to 
the added License Requirements section to harmonize with WA text.
--Adding a License Requirements section that will contain a note 
stating, ``These items are subject to the export licensing authority of 
the U.S. Department of State, Directorate of Defense Trade Controls. 
See 22 CFR part 121.''
--Adding a List of Items Controlled section to harmonize the format 
with other ECCN entries in the CCL and to provide transparency to the 
public of the WA text for this ECCN.

    ECCN 7B001 is amended by replacing the word ``removal'' with 
``disassembly or repair'' and removing the phrase ``from the SRA'' at 
the end of paragraph 2 in the Related Definitions paragraph of the List 
of Items Controlled section. This change makes it clear that 
replacement or removal of gyros, accelerometers, and in some cases the 
inertial sensor assembly containing these sensors, is considered a 
``Maintenance Level II'' repair. This change also clarifies that these 
assemblies are generally considered to be Shop Replaceable Assembly 
(SRA) within the avionics repair industry.
    ECCN 7D003 is amended by revising paragraph b.2 to capitalize the 
words associated with the acronym (GNSS) and delete the parenthetical 
reference to GPS and GLONASS.
    ECCN 7E004 is amended by:

--Adding the word ``systems'' in two places in the nota bene of 
paragraph b.6 in the Items paragraph, to reflect amendments made in 
this rule to 9E003;
--Adding double quotes around ``Full Authority Digital Engine Control 
Systems'' and ``FADEC Systems'' in the nota bene of paragraph b.6 in 
the Items paragraph, to reflect amendments made in this rule to 9E003;
--Revising the reference in the nota bene in paragraph b.6 of the Items 
paragraph from ``9E003.a.9'' to ``9E003.h'', to be consistent with the 
amendments made by this rule to 9E003.

Category 9--Aerospace and Propulsion

    ECCN 9A001 is amended by:

--Removing text from the Heading to more accurately reflect the scope 
of what is controlled in this ECCN and replacing ``as follows'' with 
``having any of the following'';
--Revising paragraph 9A001.a by adding ``or 9E003.h'' to be consistent 
with amendments made by this rule to 9E003. This revision will result 
in the control of aero gas turbine engines incorporating any of the 
technologies controlled by 9E003.h.

    ECCN 9A003 is amended by revising the heading to add ``or 9E003.h'' 
to be consistent with amendments made by this rule to ECCN 9E003. This 
will result in the control of specially designed assemblies and 
components incorporating any of the technologies controlled by 9E003.h 
for gas turbine engine propulsion systems that meet the parameters of 
ECCN 9A003.
    ECCN 9B002 is amended by revising the heading to add ``or 9E003.h'' 
as a consequential change of revision this rule makes to ECCN 9E003. 
This will result in the control of on-line (real time) control systems, 
instrumentation (including sensors) or automated data acquisition and 
processing equipment, specially designed for the ``development'' of gas 
turbine engines, assemblies or components incorporating 
``technologies'' controlled by 9E003.h.
    ECCN 9D003 is amended by:

--Adding the word ``Systems'' in two places in the Heading, and adding 
double quotes around the term ``FADEC Systems'' to correctly refer to 
the term as a system;
--Adding the word ``system'' and adding double quotes around the term 
``FADEC system'' in the NS and MT license requirement paragraphs in the 
License Requirements section, for consistency;
--Removing the reference to 9A110 in the MT control paragraph of the 
License Requirements section, because MT does not apply to 9A110.
--Moving the ending double quote from after ``FADEC'' to after ``FADEC 
systems'' in 9D003.b, for consistency.

    ECCN 9E003 is amended by:

--Revising the Significant Item (SI) control paragraph in the License 
Requirements section, to reflect amendments made by this rule in 
paragraphs 9E003.a.9, h, and i and to correct the SI scope of license 
requirements. SI controls now apply to 9E003.a.1. through a.8, a.10, h 
and i;
--Removing and reserving paragraph a.9 in the Items paragraph of the 
List of Items Controlled section in order to add a more detailed 
control for FADEC systems in 9E003.h;
--Redesignating paragraph h as i and adding a new paragraph h in the 
Items paragraph of the List of Items Controlled section, to add more 
specific and detailed control paragraphs for ``FADEC systems'' 
technology; and
--Revising new paragraph 9E003.i to harmonize references to paragraphs 
in 9E003 that were revised by this rule.

Section 734.4 De minimis U.S. Content

    Section 734.4 is amended by removing the phrase ``9E003.a.1. 
through a.11, and .h.'' and adding in its place ``9E003.a.1 through 
a.8, a.10, h and i.'' in paragraph (a)(4) ``Items for which there is no 
de minimis level.'' This change is made to harmonize with revisions to 
paragraphs ECCN 9E003.a.9, h, and i in this rule.

[[Page 54275]]

Section 742.14 Significant Items: Hot Section Technology for the 
Development, Production or Overhaul of Commercial Aircraft Engines, 
Components, and Systems

    This rule harmonizes the list of paragraphs under ECCN 9E003 that 
are controlled for SI reasons with the list in section 742.14. The 
paragraphs of ECCN 9E003 that are controlled for SI reasons are 
9E003.a.1 through a.8, a.10, h and i.

Section 743.1 Wassenaar Arrangement

    WA has three levels of control of goods: Basic List, Sensitive 
List, and Very Sensitive List. As a matter of policy, BIS makes certain 
items on the WA Basic and Sensitive List eligible for license 
exceptions. However, because of the U.S. obligations under its 
agreements to the WA, the U.S. must report on SL items exported outside 
of the WA membership countries. BIS does this by gathering data from 
its licensing database. However, to collect data on exports made under 
license exceptions, BIS requires WA reporting on SL items exported 
under certain license exceptions. As a result of WA making changes to 
its Sensitive List, this rule makes corresponding changes to the 
reporting requirements of section 743.1 of the EAR (e.g., replacing 
9E003.a.9 with 9E003.h). This rule revises reporting requirements for 
ECCNs 4D001, 4E001 and 6A003.b.3. For 6A003.b.3, this rule adds the 
phrase ``except imaging cameras specially designed or modified for 
underwater use.'' For 4D001 and 4E001, this rule revises the APP from 
``0.1 Weighted TeraFLOPS (WT)'' to ``0.5 WT.'' This rule makes 
editorial revisions to reporting requirements in ECCN 6A003.b.4. This 
rule adds WA reporting requirements for ECCNs 6D003.a and 9E003.a.1 and 
a.3. WA reporting requirements may be found in Section 743.1 of the 
EAR. Editorial revisions are made to the last sentence in section 
743.1(c)(2), to provide the correct description of where to find the 
guidelines for calculating APP in the EAR.

Supplement No. 2 to Part 744--List of Items Subject to the Military 
End-Use License Requirement of Sec.  744.21

    As a result of WA removing ECCN 4D003, the entry for ECCN 4D993 is 
revised to remove the reference to ECCN 4D003 in paragraph (4)(ii) of 
Supp. No. 2 to part 744 of the EAR. This change should not result in 
any change in license requirements or applications submitted to BIS.

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

    As a result of the decisions reached at the 2009 WA Plenary, this 
rule removes the following terms from section 772.1 of the EAR: CE, 
Computing Element, Interconnected radar sensors, Personalized smart 
card, Q-switched laser, and Three Dimensional Vector Rate. This rule 
also revises references to categories in many definitions as a result 
of WA decisions. This rule also adds the following terms as a result of 
WA agreements: ``Energetic materials'' (Cat 1), ``Fuel cell'' (Cat 8), 
and ``Laser duration.'' There is no category designation for the term 
``laser duration,'' because it is a term used in the definition of two 
other terms listed in section 772.1 of EAR, specifically, ``average 
output power'' and ``peak power.'' This rule also revises the following 
terms: ``All compensations available'' and removes and replaces 
references to categories in certain defined terms to be consistent with 
amendments made by this rule. This rule revises the definition of ``all 
compensations available'' by adding the phrase ``or measuring errors 
for the particular coordinate measuring machine.'' The definition of 
``Full Authority Digital Engine Control,'' has been completely 
rewritten. Additionally, the note in the term ``peak power'' is removed 
because it included a definition for ``laser duration,'' which will now 
be defined as separate term in section 772.1. The WA revisions to 
definitions do not always coincide with the format of the EAR. For 
example, when WA removes definitions that are used in unilateral ECCNs, 
BIS does not remove them, or for example, when WA removes a reference 
to a category of the CCL, BIS still uses the term in a unilateral entry 
of the category.

Export Administration Act

    Since August 21, 2001, the Export Administration Act of 1979, as 
amended, has been in lapse. However, the President, through Executive 
Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which 
has been extended by successive Presidential Notices, the most recent 
being that of August 12, 2010, 75 FR 50681 (August 16, 2010) has 
continued the EAR in effect under the International Emergency Economic 
Powers Act (50 U.S.C. 1701-1707).

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, 2010, 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 November 8, 2010. Any such items 
not actually exported before midnight, on November 8, 2010, require a 
license in accordance with this regulation.

Rulemaking Requirements

    1. This final rule has been determined to be significant for 
purposes of Executive Order 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 Jasmeet Seehra, 
OMB Desk Officer, by e-mail at [email protected] or by 
fax to (202) 395-7285; and to the Office of Administration, Bureau of 
Industry and Security, Department of Commerce, 14th and Pennsylvania 
Avenue, NW., Room 6622, Washington, DC 20230.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public participation, and a delay in effective date, are inapplicable 
because this

[[Page 54276]]

regulation involves a military and foreign affairs function of the 
United States (5 U.S.C. 553(a)(1)). Immediate implementation of these 
amendments fulfills the United States' international obligation to the 
Wassenaar Arrangement on Export Controls for Conventional Arms and Dual 
Use Goods and Technologies. The Wassenaar Arrangement contributes to 
international security and regional stability by promoting greater 
responsibility in transfers of conventional arms and dual use goods and 
technologies, thus preventing destabilizing accumulations of such 
items. The Wassenaar Arrangement consists of 40 member countries that 
act on a consensus basis and the changes set forth in this rule 
implement agreements reached at the December 2009 plenary session of 
the WA. Since the United States is a significant exporter of the items 
in this rule, implementation of this provision is necessary for the WA 
to achieve its purpose. Any delay in implementation will create a 
disruption in the movement of affected items globally because of 
disharmony between export control measures implemented by WA members, 
resulting in tension between member countries. Export controls work 
best when all countries implement the same export controls in a timely 
manner. If this rulemaking was delayed to allow for notice and comment, 
it would prevent the United States from fulfilling its commitment to 
the WA in a timely manner and would injure the credibility of the 
United States in this and other multilateral regimes.
    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, 14th and Pennsylvania 
Ave., NW., Room 2705, Washington, DC 20230.

List of Subjects

15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and 
patents, Research science and technology.

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 743

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

0
Accordingly, parts 734, 742, 743, 744, 772 and 774 of the Export 
Administration Regulations (15 CFR parts 730-774) are amended as 
follows:

PART 734--[AMENDED]

0
1. The authority citation for part 734 is revised to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 
FR 54079, 3 CFR, 1996 Comp., p. 219; 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 12, 2010, 75 FR 50681 (August 16, 2010); 
Notice of November 6, 2009, 74 FR 58187 (November 10, 2009).


0
2. Section 734.4 is amended by removing the phrase ``9E003.a.1 through 
a.10, and .h.'' and adding in its place ``9E003.a.1 through a.8, a.10, 
h and i.'' in paragraph (a)(4).

PART 742--[AMENDED]

0
3. The authority citation for part 742 is revised to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; Sec 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 43 
FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 
1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 
950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 
66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 
2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August 
12, 2010, 75 FR 50681 (August 16, 2010); Notice of November 6, 2009, 
74 FR 58187 (November 10, 2009).


0
4. Section 742.14 is amended by revising paragraphs (a) and (b) 
introductory text to read as follows:


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

    (a) License requirement. Licenses are required for all 
destinations, except Canada, for ECCNs having an ``SI'' under the 
``Reason for Control'' paragraph. These items include hot section 
technology for the development, production or overhaul of commercial 
aircraft engines controlled under ECCN 9E003.a.1 through a.8, a.10, .h 
and .i, and related controls.
    (b) Licensing policy. Pursuant to section 6 of the Export 
Administration Act of 1979, as amended, foreign policy controls apply 
to technology required for the development, production or overhaul of 
commercial aircraft engines controlled by ECCN 9E003a.1 through a.8, 
a.10, .h and .i, and related controls. These controls supplement the 
national security controls that apply to these items. Applications for 
export and reexport to all destinations will be reviewed on a case-by-
case basis to determine whether the export or reexport is consistent 
with U.S. national security and foreign policy interests. The following 
factors are among those that will be considered to determine what 
action will be taken on license applications:
* * * * *

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.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
12, 2010, 75 FR 50681 (August 16, 2010).


0
6. In Sec.  743.1, revise paragraphs (c)(1)(vi), (c)(1)(ix), and (c)(2) 
to read as follows:


Sec.  743.1  Wassenaar Arrangement.

* * * * *
    (c) * * *
    (1) * * *
    (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 5kHz to 10 kHz inclusive'' to the existing text in 6A001.a.1.b.1), 
and 6A001.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 
(incorporating 6A002.a.2.a or 6A002.a.3 having characteristics 
described in this

[[Page 54277]]

paragraph), 6A002.e; 6A003.b.3 (incorporating 6A002.a.2.a having 
characteristics described in this paragraph, except imaging cameras 
specially designed or modified for underwater use), 6A003.b.4 
(incorporating 6A002.a.3 having characteristics specified by this 
paragraph); 6A004.c and d; 6A006.a.1, 6A006.a.2 (having a ``noise 
level'' (sensitivity) lower (better) than 2pT rms per square root Hz), 
6A006.c.1, 6A006.d (certain items only; see Note to this paragraph); 
6A008.d, .h, and .k; 6D001 (for 6A004.c and .d and 6A008.d, .h, and 
.k); 6D003.a; 6E001 (for equipment and software listed in this 
paragraph); and 6E002 (for equipment listed in this paragraph);
* * * * *
    (ix) Category 9: 9B001.b, 9D001 (for 9B001.b and as described in 
this paragraph), 9D002 (for 9B001.b), 9D004.a, 9D004.c, 9E001 for 
technology controlled for NS reasons, 9E002, 9E003a.1 to a.5, a.8, and 
h.
* * * * *
    (2) Reports for ``software'' controlled by 4D001(that is specially 
designed) and ``technology'' controlled by 4E001 (according to the 
General Technology Note in Supplement No. 2 to part 774 of the EAR), 
are required for the ``development'' or ``production'' of computers 
controlled under 4A001.a.2, or for the ``development'' or 
``production'' of ``digital computers'' having an ``Adjusted Peak 
Performance'' (``APP'') exceeding 0.5 Weighted TeraFLOPS (WT). For the 
calculation of ``APP'', see the Technical Note at the end of Category 4 
in the Commerce Control List (Supplement No. 1 to part 774 of the EAR).
* * * * *

PART 744--[AMENDED]

0
7. The authority citation for part 744 is revised to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; 
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 
CFR, 2001 Comp., p. 786; Notice of August 12, 2010, 75 FR 50681 
(August 16, 2010); Notice of November 6, 2009, 74 FR 58187 (November 
10, 2009).


0
8. Supplement No. 2 is amended by revising paragraph (4)(ii) to read as 
follows:

Supplement No. 2 to Part 744--List of Items Subject to the Military 
End-Use License Requirement of Sec.  744.21

* * * * *
    (4) * * *
    (ii) 4D993 ``Program'' proof and validation ``software'', 
``software'' allowing the automatic generation of ``source codes'', 
and operating system ``software'' that are specially designed for 
real time processing equipment.
* * * * *

PART 772--[AMENDED]

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

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
12, 2010, 75 FR 50681 (August 16, 2010).


0
10. Section 772.1 is amended by:
0
a. Removing the terms and definitions for ``CE'', ``Computing 
Element'', ``Interconnected radar sensors'', ``Q-switched laser'', and 
``Three dimensional Vector Rate'';
0
b. Removing the phrase ``(Cat 1, 7 and 9)'' and adding in its place 
``(Cat 1, 3 and 7)'' in the term ``Civil aircraft'';
0
c. Removing the phrase ``(Cat 1, 3, and 6)'' and adding in its place 
``(Cat 1, 3, 5P1, and 6) in the term ``Critical temperature'';
0
d. Removing the phrase ``(Cat 2, 3, 4, and 5)'' and adding in its place 
``(Cat 4)'' in the term ``Electronic assembly'';
0
e. Removing the phrase ``(Cat 4 and 7)'' and adding in its place ``(Cat 
7)'' for ``Expert systems'';
0
f. Removing the phrase ``(Cat 6)'' and adding in its place ``(Cat 6 and 
8)'' for ``Focal plane array'';
0
g. Removing the phrase ``(Cat 3)'' and adding in its place ``(Cat 3, 
5P1, 5P2)'' for ``Fractional bandwidth'';
0
h. Adding the terms and definitions for ``Energetic materials'', ``Fuel 
cell'', and ``Laser duration'';
0
i. Removing the phrase ``(Cat 2, 3, 5, 6, and 9)'' and adding in its 
place ``(Cat 2, 3, 5P1, 6, 7, 8 and 9)'' and removing the phrase ``''Q-
switched laser'';'' in the definition for ``laser'';
0
j. Removing the phrase ``Space qualified. (Cat 3 and 6)'' and adding in 
its place ``Space-qualified. (Cat 3, 6, and 8)'' in ``Space-
qualified'';
0
k. Removing the phrase ``(Cat 1, 3, 6, and 8)'' and adding in its place 
``(Cat 1, 3, 5P1, 6, and 8)'' in ``superconductive'';
0
l. Revising the terms and definitions for ``All compensations 
available'' and ``Full Authority Digital Engine Control''; and
0
m. Removing the Note in the definition for ``peak power'', to read as 
follows:


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

* * * * *
    All compensations available. (Cat 2) means after all feasible 
measures available to the manufacturer to minimize all systematic 
positioning errors for the particular machine-tool model or measuring 
errors for the particular coordinate measuring machine are considered.
* * * * *
    Energetic materials. (Cat 1) Substances or mixtures that react 
chemically to release energy required for their intended application. 
``Explosives'', ``pyrotechnics'' and ``propellants'' are * * *
    Fuel cell. (Cat 8) An electrochemical device that converts chemical 
energy directly into Direct Current (DC) electricity by consuming fuel 
from an external source.
* * * * *
    Full Authority Digital Engine Control Systems. (``FADEC Systems'') 
(Cat 7 and 9) A digital electronic control system for a gas turbine 
engine that is able to autonomously control the engine throughout its 
whole operating range from demanded engine start until demanded engine 
shut-down, in both normal and fault conditions.
* * * * *
    Laser duration. (Sec.  772.1 of EAR) The time over which a 
``laser'' emits ``laser'' radiation, which for ``pulsed lasers'' 
corresponds to the time over which a single pulse or series of 
consecutive pulses is emitted.
* * * * *

PART 774--[AMENDED]

0
11. The authority citation for part 774 is revised to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 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; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; 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 12, 2010, 75 FR 50681 (August 16, 2010).


0
12. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
1 ``Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and Toxins'', Export Control Classification Number 
(ECCN) 1A001 is amended by revising introductory text of paragraph b. 
of the Items paragraph in the List of Items Controlled section, to read 
as follows:

[[Page 54278]]

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

* * * * *
1A001 Components made from fluorinated compounds, as follows (see 
List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b. Piezoelectric polymers and copolymers, made from vinylidene 
fluoride (CAS 75-38-7) materials, controlled by 1C009.a, having all 
of the following:
* * * * *

0
13. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
1 ``Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and Toxins'', ECCN 1A002 is amended by revising 
Note 1 in the Items paragraph of the List of Items Controlled section, 
to read as follows:

1A002 ``Composite'' structures or laminates, having any of the 
following (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *

    Note 1:  1A002 does not control composite structures or 
laminates made from epoxy resin impregnated carbon ``fibrous or 
filamentary materials,'' for the repair of ``civil aircraft'' 
structures or laminates, having all of the following:
    a. An area not exceeding 1 m\2\;
    b. A length not exceeding 2.5 m; and
    c. A width exceeding 15 mm.

* * * * *

0
14. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1 ``Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and Toxins'', ECCN 1B001 is amended by revising the 
Heading, the MT paragraph in the License Requirements section and 
paragraphs a. and b., and add paragraph g. in the Items paragraph of 
the List of Items Controlled section, to read as follows:

1B001 Equipment for the production or inspection of ``composite'' 
structures or laminates controlled by 1A002 or ``fibrous or 
filamentary materials'' controlled by 1C010, as follows (see List of 
Items Controlled), and specially designed components and accessories 
therefor.

License Requirements

* * * * *

 
 
 
MT applies to entire entry, except         MT Column 1.
 1B001.d.4, e and f.
 

* * * * *

List of Items Controlled

* * * * *
Items:

    a. Filament winding machines, of which the motions for 
positioning, wrapping and winding fibers are coordinated and 
programmed in three or more `primary servo positioning' axes, 
specially designed for the manufacture of ``composite'' structures 
or laminates, from ``fibrous or filamentary materials'';
    b. Tape-laying machines, of which the motions for positioning 
and laying tape or sheets are coordinated and programmed in five or 
more `primary servo positioning' axes, specially designed for the 
manufacture of ``composite'' airframe or ``missile'' structures;
* * * * *
    g. Tow-placement machines, of which the motions for positioning 
and laying tows or sheets are coordinated and programmed in two or 
more `primary servo positioning' axes, specially designed for the 
manufacture of ``composite'' airframe or missile structures.

    Technical Note:  For the purpose of 1B001, `primary servo 
positioning' axes control, under computer program direction, the 
position of the end effector (i.e., head) in space relative to the 
work piece at the correct orientation and direction to achieve the 
desired process.


0
15. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1 ``Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and Toxins'', ECCN 1C002 is amended by revising the 
introductory text to paragraph b. in the Items of the List of Items 
Controlled section, to read as follows:

1C002 Metal alloys, metal alloy powder and alloyed materials, as 
follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b. Metal alloys, as follows, made from the powder or particulate 
material controlled by 1C002.c:
* * * * *


0
16. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1 ``Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and Toxins'', ECCN 1C006 is amended by revising 
paragraph c.1. in the Items paragraph of the List of Items Controlled 
section, to read as follows:

1C006 Fluids and lubricating materials, as follows (see List of 
Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    c. * * *
    c.1. Dibromotetrafluoroethane (CAS 25497-30-7, 124-73-2, 27336-
23-8);
* * * * *


0
17. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1 ``Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and Toxins'', ECCN 1C007 is amended by revising 
paragraph f.1. in the Items paragraph of the List of Items Controlled 
section, to read as follows:

1C007 Ceramic base materials, non-``composite'' ceramic materials, 
ceramic-``matrix'' ``composite'' materials and precursor materials, 
as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    f. * * *
    f.1. Al2O3 (CAS 1344-28-1); or
* * * * *

0
18. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1 ``Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and Toxins'', ECCN 1C008 is amended by revising 
paragraphs b.1.a, b.2.a, b.2.b, and b.2.c in the Items paragraph of 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

* * * * *
Items:
* * * * *
    b. * * *
    b.1. * * *
    b.1.a. Phenylene (CAS 83-12-5), biphenylene (CAS 259-79-0) or 
naphthalene (CAS 91-20-3); or
* * * * *
    b.2. * * *
    b.2.a. Terephthalic acid (CAS 100-21-0);
    b.2.b. 6-hydroxy-2 naphthoic acid (CAS 16712-64-4); or
    b.2.c. 4-hydroxybenzoic acid (CAS 99-96-7);
* * * * *

0
19. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1

[[Page 54279]]

``Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and Toxins'', ECCN 1C010 is amended by revising the 
Heading and the Items paragraph of the List of Items Controlled 
section, to read as follows:

1C010 ``Fibrous or filamentary materials'' as follows (see List of 
Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
    a. Organic ``fibrous or filamentary materials'', having all of 
the following:
    a.1. ``Specific modulus'' exceeding 12.7 x 10\6\ m; and
    a.2. ``Specific tensile strength'' exceeding 23.5 x 10\4\ m;

    Note: 1C010.a does not control polyethylene.

    b. Carbon ``fibrous or filamentary materials'', having all of 
the following:
    b.1. ``Specific modulus'' exceeding 14.65 x 10\6\ m; and
    b.2. ``Specific tensile strength'' exceeding 26.82 x 10\4\ m;

    Note:  1C010.b does not control:
    a. ``Fibrous or filamentary materials'', for the repair of 
``civil aircraft'' structures or laminates, having all of the 
following:
    1. An area not exceeding 1 m\2\;
    2. A length not exceeding 2.5 m; and
    3. A width exceeding 15 mm.
    b. Mechanically chopped, milled or cut carbon ``fibrous or 
filamentary materials'' 25.0 mm or less in length.


    Technical Note:  Properties for materials described in 1C010.b 
should be determined using SACMA recommended methods SRM 12 to 17, 
ISO 10618 (2004) 10.2.1 Method A or national equivalent tow tests, 
and based on lot average.

    c. Inorganic ``fibrous or filamentary materials'', having all of 
the following:
    c.1. ``Specific modulus'' exceeding 2.54 x 10\6\ m; and
    c.2. Melting, softening, decomposition or sublimation point 
exceeding 1,922 K (1,649 [deg]C) in an inert environment;

    Note:  1C010.c does not control:

    a. Discontinuous, multiphase, polycrystalline alumina fibers in 
chopped fiber or random mat form, containing 3% by weight or more 
silica, with a ``specific modulus'' of less than 10 x 10\6\ m;
    b. Molybdenum and molybdenum alloy fibers;
    c. Boron fibers;
    d. Discontinuous ceramic fibers with a melting, softening, 
decomposition or sublimation point lower than 2,043 K (1,770 [deg]C) 
in an inert environment.
    d. ``Fibrous or filamentary materials'', having any of the 
following:
    d.1. Composed of any of the following:
    d.1.a. Polyetherimides controlled by 1C008.a; or
    d.1.b. Materials controlled by 1C008.b to 1C008.f; or
    d.2. Composed of materials controlled by 1C010.d.1.a or 
1C010.d.1.b and ``commingled'' with other fibers controlled by 
1C010.a, 1C010.b or 1C010.c;
    e. Fully or partially resin-impregnated or pitch-impregnated 
``fibrous or filamentary materials'' (prepregs), metal or carbon-
coated ``fibrous or filamentary materials'' (preforms) or ``carbon 
fiber preforms'', having all of the following:
    e.1. Having any of the following:
    e.1.a. Inorganic ``fibrous or filamentary materials'' controlled 
by 1C010.c; or
    e.1.b. Organic or carbon ``fibrous or filamentary materials'', 
having all of the following:
    e.1.b.1. ``Specific modulus'' exceeding 10.15 x 10\6\ m; and
    e.1.b.2 ``Specific tensile strength'' exceeding 17.7 x 10\4\ m; 
and
    e.2. Having any of the following:
    e.2.a. Resin or pitch controlled by 1C008 or 1C009.b;
    e.2.b. 'Dynamic Mechanical Analysis glass transition temperature 
(DMA Tg)' equal to or exceeding 453 K (180 [deg]C) and 
having a phenolic resin; or
    e.2.c. 'Dynamic Mechanical Analysis glass transition temperature 
(DMA Tg)' equal to or exceeding 505 K (232 [deg]C) and 
having a resin or pitch, not specified by 1C008 or 1C009.b, and not 
being a phenolic resin;

    Note 1:  Metal or carbon-coated ``fibrous or filamentary 
materials'' (preforms) or ``carbon fiber preforms'', not impregnated 
with resin or pitch, are specified by ``fibrous or filamentary 
materials'' in 1C010.a, 1C010.b or 1C010.c.


    Note 2:  1C010.e does not control epoxy resin ``matrix'' 
impregnated carbon ``fibrous or filamentary materials'' (prepregs) 
for the repair of ``civil aircraft'' structures or laminates, having 
all of the following:
    1. An area not exceeding 1 m\2\;
    2. A length not exceeding 2.5 m; and
    3. A width exceeding 15 mm.


    Technical Note: The 'Dynamic Mechanical Analysis glass 
transition temperature (DMA Tg)' for materials controlled 
by 1C010.e is determined using the method described in ASTM D 7028-
07, or equivalent national standard, on a dry test specimen with a 
minimum 90% degree of cure as defined by ASTM E 2160-04 or 
equivalent national standard.

0
20. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1 ``Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and Toxins'', ECCN 1C011 is amended by revising 
paragraph (c) in the Items paragraph of the List of Items Controlled 
section, to read as follows:

1C011 Metals and compounds, as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    c. Guanidine nitrate (CAS 506-93-4);
* * * * *

0
21. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1 ``Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and Toxins'', ECCN 1E002 is amended by revising 
paragraph c.1.c.1 in the Items paragraph of the List of Items 
Controlled section, to read as follows:

1E002 Other ``technology'' as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    c. * * *
    c.1. * * *
    c.1.c. * * *
    c.1.c.1. Zirconia (CAS 1314-23-4) with an average particle size 
equal to or less than 1 [mu]m and no more than 10% of the particles 
larger than 5 [mu]m;
* * * * *


0
22. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1 is amended by revising paragraphs 6. and 35. through 42. in 
the annex that lists explosives located at the end of this category, as 
follows:

Annex to Category 1

List of Explosives (See ECCNs 1A004 and 1A008)

* * * * *
    6. DADE (1,1-diamino-2,2-dinitroethylene, FOX7) (CAS 145250-81-
3);
* * * * *
    35. Nitrocellulose (containing more than 12.5% nitrogen) (CAS 
9004-70-0);
    36. Nitroglycol (CAS 628-96-6);
    37. Pentaerythritol tetranitrate (PETN) (CAS 78-11-5);
    38. Picryl chloride (CAS 88-88-0);
    39. 2,4,6-Trinitrotoluene (TNT) (CAS 118-96-7);
    40. Nitroglycerine (NG) (CAS 55-63-0);
    41. Triacetone Triperoxide (TATP) (CAS 17088-37-8);
    42. Guanidine nitrate (CAS 506-93-4);
    43. Nitroguanidine (NQ) (CAS 556-88-7).
* * * * *

0
23. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2 Materials Processing, ECCN 2B006 is amended by revising 
paragraph a. in the Items paragraph of 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).
* * * * *

List of Items Controlled

* * * * *
Items:
    a. Computer controlled or ``numerically controlled'' Coordinate 
Measuring Machines

[[Page 54280]]

(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) according to ISO 10360-2 (2001);

    Technical Note: The MPEE of the most accurate configuration of 
the CMM specified by the manufacturer (e.g., best of the following: 
Probe, stylus length, motion parameters, environment) and with ``all 
compensations available'' shall be compared to the 1.7 + L/1,000 
[mu]m threshold.

* * * * *

0
24. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3 Electronics, ECCN 3A001 is amended by:
0
a. Revising paragraphs b.1.a.4.c, b.8.b, and e.4 the Items paragraph of 
the List of Items Controlled section; and
0
c. Adding paragraph b.11 in the Items paragraph of the List of Items 
Control section, to read as follows:

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

List of Items Controlled

* * * * *
Items:
* * * * *
    b. * * *
    b.1. * * *
    b.1.a. * * *
    b.1.a.4. * * *
    b.1.a.4.c. Being ``space-qualified'';
* * * * *
    b.8. * * *
    b.8.b. An average output power to mass ratio exceeding 80 W/kg; 
and
* * * * *
    b.11. ``Frequency synthesizer'' ``electronic assemblies'' having 
a ``frequency switching time'' from one selected frequency to 
another as specified by any of the following:
    b.11.a. Less than 312 ps;
    b.11.b. Less than 100 [mu]s for any frequency change exceeding 
1.6 GHz within the synthesized frequency range exceeding 3.2 GHz but 
not exceeding 10.6 GHz;
    b.11.c. Less than 250 [mu]s for any frequency change exceeding 
550 MHz within the synthesized frequency range exceeding 10.6 GHz 
but not exceeding 31.8 GHz;
    b.11.d. Less than 500 [mu]s for any frequency change exceeding 
550 MHz within the synthesized frequency range exceeding 31.8 GHz 
but not exceeding 43.5 GHz; or
    b.11.e. Less than 1 ms within the synthesized frequency range 
exceeding 43.5 GHz.


    N.B.: For general purpose ``signal analysers,'' signal 
generators, network analysers and microwave test receivers, see 
3A002.c, 3A002.d, 3A002.e and 3A002.f, respectively.

* * * * *
    e. * * *
    e.4. Solar cells, cell-interconnect-coverglass (CIC) assemblies, 
solar panels, and solar arrays, which are ``space-qualified,'' 
having a minimum average efficiency exceeding 20% at an operating 
temperature of 301 K (28 [deg]C) under simulated `AM0' illumination 
with an irradiance of 1,367 Watts per square meter (W/m\2\);

    Technical Note: `AM0,' or `Air Mass Zero,' refers to the 
spectral irradiance of sunlight in the earth's outer atmosphere when 
the distance between the earth and sun is one astronomical unit 
(AU).

* * * * *

0
25. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3 Electronics, ECCN 3A002 is amended by:
0
a. Revising the License Exception section;
0
b. Removing the phrase ``space qualified'' and adding in its place 
``space-qualified'' in the Related Controls paragraph, and paragraphs 
a.3.b, g.1 and g.3 in the Items paragraph of the List of Items 
Controlled section;
0
c. Removing and reserving paragraph b. in the Items paragraph of the 
List of Items Controlled section;
0
d. Revising paragraph e. in the Items paragraph of the List of Items 
Controlled section to read as follows:

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

License Exceptions

LVS: $3000: 3A002.a, .e, .f, .g; $5000: 3A002.c to .d.
GBS: Yes for 3A002.a.1.
CIV: Yes for 3A002.a.1 (provided all of the following conditions are 
met: (1) Bandwidths do not exceed: 4 MHz per track and have up to 28 
tracks or 2 MHz per track and have up to 42 tracks; (2) Tape speed 
does not exceed 6.1 m/s; (3) They are not designed for underwater 
use; (4) They are not ruggedized for military use; and (5) Recording 
density does not exceed 653.2 magnetic flux sine waves per mm).

List of Items Controlled

* * * * *
Items:
* * * * *
    e. Network analyzers having any of the following:
    e.1. Maximum operating frequency exceeding 43.5 GHz and output 
power exceeding 31.62 mW (15 dBm); or
    e.2. Maximum operating frequency exceeding 70 GHz;
* * * * *

0
26. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3 Electronics, ECCN 3B001 is amended by revising paragraphs c. 
and e. in the Items paragraph of 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

* * * * *
Items:
* * * * *
    c. Anisotropic plasma dry etching equipment having all of the 
following:
    c.1. Designed or optimized to produce critical dimensions of 65 
nm or less; and
    c.2. Within-wafer non-uniformity equal to or less than 10% 
3[sigma] measured with an edge exclusion of 2 mm 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 
twofunctionally different 'semiconductor process tools' controlled 
by 3B001.a, 3B001.b, 3B001.c or 3B001.d are designed 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 specially designed for parallel wafer processing.


    Technical Notes: 1. For the purpose of 3B001.e, 'semiconductor 
process tools' refers to modular tools that provide physical 
processes for semiconductor production that are functionally 
different, such as deposition, etch, implant or thermal processing.
    2. For the purpose of 3B001.e, 'sequential multiple wafer 
processing' means the capability to process each wafer in different 
'semiconductor process tools', such as by transferring each wafer 
from one tool to a second tool and on to a third tool with the 
automatic loading multi-chamber central wafer handling systems.

* * * * *

0
27. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 4--Computers, ECCN 4A001 is amended by:
0
a. Revising the LVS paragraph in the License Exceptions section, as set 
forth below;
0
b. Revising the Related Controls paragraph in the List of Items 
Controlled section, as set forth below;
0
c. Removing and reserving paragraph b. in the Items paragraph of the 
List of Items Controlled section.

4A001 Electronic computers and related equipment, having any of the 
following (see List of Items Controlled), and ``electronic 
assemblies'' and specially designed components therefor.
* * * * *

License Exceptions

LVS: $5000 for 4A001.a; N/A for MT.
* * * * *

[[Page 54281]]

List of Items Controlled

Unit: * * *
Related Controls: See also 4A101 and 4A994. See Category 5--Part 2 
for electronic computers and related equipment performing or 
incorporating ``information security'' functions as the primary 
function. Equipment designed or rated for transient ionizing 
radiation is subject to the export licensing authority of the U.S. 
Department of State, Directorate of Defense Trade Controls. (See 22 
CFR part 121.)
* * * * *

0
28. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 4--Computers, ECCN 4A003 is amended by revising paragraph g. 
in the Items paragraphs of the List of Items Controlled section to read 
as follows:

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

List of Items Controlled

* * * * *
Items:
* * * * *
    g. Equipment specially designed for aggregating the performance of 
``digital computers'' by providing external interconnections which 
allow communications at unidirectonal data rates exceeding 2.0 Gbyte/s 
per link.

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


0
29. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 4--Computers, Product Group D is amended by revising the Note 
to read as follows:
* * * * *

D. SOFTWARE

    Note:  The control status of ``software'' for the 
``development'', ``production'', or ``use'' of equipment described 
in other Categories is dealt with in the appropriate Category.

* * * * *

0
30. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 4--Computers, ECCN 4D001 is amended by revising paragraph b.1 
in the Items paragraphs of the List of Items Controlled section to read 
as follows:

4D001 ``Software''as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b.* * *
    b.1. ``Digital computers'' having an ``Adjusted Peak 
Performance'' (``APP'') exceeding 0.25 Weighted TeraFLOPS (WT);
* * * * *

0
31. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 4--Computers, ECCN 4D003 is removed.

0
32. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 4--Computers, ECCN 4D993 is amended by revising the Heading to 
read as follows:

4D993 ``Program'' proof and validation ``software'', ``software'' 
allowing the automatic generation of ``source codes'', and operating 
system ``software'' that are specially designed for real time 
processing equipment (see List of Items Controlled).
* * * * *

0
33. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 4--Computers, ECCN 4E001 is amended by revising paragraph b.1. 
in the Items paragraphs of the List of Items Controlled section to read 
as follows:

4E001 ``Technology'' as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b.* * *
    b.1. ``Digital computers'' having an ``Adjusted Peak 
Performance'' (``APP'') exceeding 0.25 Weighted TeraFLOPS (WT);
* * * * *
0
34. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5 Telecommunications and ``Information Security'', Part I 
Telecommunications, is amended by:
0
a. Revising Note 1 at the beginning of Category 5 Part I; and
0
b. Adding a Nota bene (N.B.) after Note 1 at the beginning of Category 
5 Part I, to read as follows:

Category 5--Telecommunications and ``Information Security''

I. Telecommunications

    Notes: 1. The control status of components, test and 
``production'' equipment, and ``software'' therefor which are 
specially designed for telecommunications equipment or systems is 
determined in Category 5, Part 1.


    N.B.: For ``lasers'' specially designed for telecommunications 
equipment or systems, see ECCN 6A005.

* * * * *

0
35. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5 Telecommunications and ``Information Security'', Part I 
Telecommunications, ECCN 5A001 is amended by revising the License 
Exception section to read as follows:

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

License Exceptions

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

0
36. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5 Telecommunications and ``Information Security'', Part I 
Telecommunications, ECCN 5B001 is amended by removing and reserving 
paragraphs b.1 and b.3 in the Items paragraph of the List of Items 
Controlled section.
0
37. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5 Telecommunications and ``Information Security'', Part I 
Telecommunications, ECCN 5D001 is amended by revising paragraph d. in 
the Items paragraph of the List of Items Controlled section to read as 
follows:

5D001 ``Software'' as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    d. ``Software'' specially designed or modified for the 
``development'' of any of the following telecommunication 
transmission or switching equipment:
    d.1. [Reserved]
    d.2. Equipment employing a ``laser'' and having any of the 
following:
    d.2.a. A transmission wavelength exceeding 1,750 nm; or
    d.2.b. Employing analog techniques and having a bandwidth 
exceeding 2.5 GHz; or

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

    d.3. [Reserved]
    d.4. Radio equipment employing Quadrature-Amplitude-Modulation 
(QAM) techniques above level 256.


0
38. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5 Telecommunications and ``Information Security'', Part I 
Telecommunications, ECCN 5E001 is amended by revising paragraphs c.1 
and c.3 in the Items paragraph of the List of Items Controlled section 
to read as follows:

5E001 ``Technology'' as follows (see List of Items Controlled).
* * * * *

[[Page 54282]]

List of Items Controlled

* * * * *
Items:
* * * * *
    c. * * *
    c.1. Equipment employing digital techniques designed to operate 
at a ``total digital transfer rate'' exceeding 50 Gbit/s;

    Technical Note: For telecommunication switching equipment the 
``total digital transfer rate'' is the unidirectional speed of a 
single interface, measured at the highest speed port or line.

* * * * *
    c.3. Equipment employing ``optical switching'' and having a 
switching time less than 1 ms; or
* * * * *

0
39. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6 Sensors, ECCN 6A001 is amended by:
0
a. Revising the LVS paragraph of the License Exceptions section;
0
b. Revising paragraphs a.1.a and a.1.d in the Items paragraph of the 
List of Items Controlled section; and
0
c. Adding paragraph a.1.e to the Items paragraph of the List of Items 
Controlled section, to read as follows:

6A001 Acoustic systems, equipment and components, as follows (see 
List of Items Controlled).
* * * * *

License Exceptions

LVS: $3000; N/A for 6A001.a.1.b.1 object detection and location 
systems having a transmitting frequency below 5 kHz or a sound 
pressure level exceeding 210 dB (reference 1 [mu]Pa at 1 m) for 
equipment with an operating frequency in the band from 30 kHz to 2 
kHz inclusive; 6A001.a.1.e, 6A001.a.2.a.1, a.2.a.2, 6A001.a.2.a.3, 
a.2.a.5, a.2.a.6, 6A001.a.2.b; processing equipment controlled by 
6A001.a.2.c, and specially designed for real time application with 
towed acoustic hydrophone arrays; a.2.e.1, a.2.e.2; and bottom or 
bay cable systems controlled by 6A001.a.2.f and having processing 
equipment specially designed for real time application with bottom 
or bay cable systems; $5,000: 6A001.c.
* * * * *

List of Items Controlled

* * * * *
    Items:
    a. * * *
    a.1. * * *
    a.1.a. Bathymetric survey systems designed for sea bed 
topographic mapping and having all of the following:
    a.1.a.1. Designed to take measurements at an angle exceeding 
20[deg] from the vertical;
    a.1.a.2. Designed to measure seabed topography at seabed depths 
exceeding 600 m; and
    a.1.a.3. Designed to provide any of the following:
    a.1.a.3.a. Incorporation of multiple beams any of which is less 
than 1.9[deg]; or
    a.1.a.3.b. Data accuracies of better than 0.3% of water depth 
across the swath averaged over the individual measurements within 
the swath;
* * * * *
    a.1.d. Acoustic systems and equipment, designed to determine the 
position of surface vessels or underwater vehicles and having all of 
the following, and specially designed components therefor:
    a.1.d.1. Detection range exceeding 1,000 m; and
    a.1.d.2. Positioning accuracy of less than 10 m rms (root mean 
square) when measured at a range of 1,000 m;

    Note:  6A001.a.1.d includes:
    a. Equipment using coherent ``signal processing'' between two or 
more beacons and the hydrophone unit carried by the surface vessel 
or underwater vehicle;
    b. Equipment capable of automatically correcting speed-of-sound 
propagation errors for calculation of a point.

    a.1.e. Active individual sonars, specially designed or modified 
to detect, locate and automatically classify swimmers or divers, 
having all of the following:
    a.1.e.1. Detection range exceeding 530 m;
    a.1.e.2. Positioning accuracy of less than 15 m rms (root mean 
square) when measured at a range of 530 m; and
    a.1.e.3. Transmitted pulse signal bandwidth exceeding 3 kHz;
    N.B.: For diver detection systems specially designed or modified 
for military use, see the U.S. Munitions List in the International 
Traffic in Arms Regulations (ITAR) (22 CFR part 121).

    Note:  For 6A001.a.1.e, where multiple detection ranges are 
specified for various environments, the greatest detection range is 
used.

* * * * *

0
40. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6 Sensors, ECCN 6A005 is amended by revising paragraph d.1 in 
the Items paragraph of the List of Items Controlled section, to read as 
follows:

6A005 ``Lasers'' (other than those described in 0B001.g.5 or .h.6), 
components and optical equipment, as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    d. * * *
    d.1. Semiconductor ``lasers'' as follows:

    Notes: 
    1. 6A005.d.1 includes semiconductor ``lasers'' having optical 
output connectors (e.g., fiber optic pigtails).
    2. The control status of semiconductor ``lasers'' specially 
designed for other equipment is determined by the control status of 
the other equipment.

    d.1.a. Individual single-transverse mode semiconductor 
``lasers'' having any of the following:
    d.1.a.1. Wavelength equal to or less than 1,510 nm and average 
or CW output power, exceeding 1.5 W; or
    d.1.a.2. Wavelength greater than 1,510 nm and average or CW 
output power, exceeding 500 mW;
    d.1.b. Individual, multiple-transverse mode semiconductor 
``lasers'' having any of the following:
    d.1.b.1. Wavelength of less than 1,400 nm and average or CW 
output power, exceeding 15 W;
    d.1.b.2. Wavelength equal to or greater than 1,400 nm and less 
than 1,900 nm and average or CW output power, exceeding 2.5 W; or
    d.1.b.3. Wavelength equal to or greater than 1,900 nm and 
average or CW output power, exceeding 1 W;
    d.1.c. Individual semiconductor ``laser'' `bars' having any of 
the following:
    d.1.c.1. Wavelength of less than 1,400 nm and average or CW 
output power, exceeding 100 W;
    d.1.c.2. Wavelength equal to or greater than 1,400 nm and less 
than 1,900 nm and average or CW output power, exceeding 25 W; or
    d.1.c.3. Wavelength equal to or greater than 1,900 nm and 
average or CW output power, exceeding 10 W;
    d.1.d. Semiconductor ``laser'' `stacked arrays' (two-dimensional 
arrays) having any of the following:
    d.1.d.1. Wavelength less than 1,400 nm and having any of the 
following:
    d.1.d.1.a. Average or CW total output power less than 3 kW and 
having average or CW output 'power density' greater than 500 W/
cm\2\;
    d.1.d.1.b. Average or CW total output power equal to or 
exceeding 3 kW but less than or equal to 5 kW, and having average or 
CW output `power density' greater than 350W/cm\2\;
    d.1.d.1.c. Average or CW total output power exceeding 5 kW;
    d.1.d.1.d. Peak pulsed `power density' exceeding 2,500 W/cm\2\; 
or
    d.1.d.1.e. Spatially coherent average or CW total output power, 
greater than 150 W;
    d.1.d.2. Wavelength greater than or equal to 1,400 nm but less 
than 1,900 nm, and having any of the following:
    d.1.d.2.a. Average or CW total output power less than 250 W and 
average or CW output `power density' greater than 150 W/cm\2\;
    d.1.d.2.b. Average or CW total output power equal to or 
exceeding 250 W but less than or equal to 500 W, and having average 
or CW output `power density' greater than 50W/cm\2\;
    d.1.d.2.c. Average or CW total output power exceeding 500 W;
    d.1.d.2.d. Peak pulsed `power density' exceeding 500 W/cm\2\; or
    d.1.d.2.e. Spatially coherent average or CW total output power, 
exceeding 15 W;
    d.1.d.3. Wavelength greater than or equal to 1,900 nm and having 
any of the following:
    d.1.d.3.a. Average or CW output `power density' greater than 50 
W/cm\2\;
    d.1.d.3.b. Average or CW output power greater than 10 W; or
    d.1.d.3.c. Spatially coherent average or CW total output power, 
exceeding 1.5 W; or
    d.1.d.4. At least one ``laser'' `bar' specified by 6A005.d.1.c;


[[Page 54283]]


    Technical Note:  For the purposes of 6A005.d.1.d, `power 
density' means the total ``laser'' output power divided by the 
emitter surface area of the `stacked array'.

    d.1.e. Semiconductor ``laser'' `stacked arrays', other than 
those specified by 6.A.5.d.1.d., having all of the following:
    d.1.e.1. Specially designed or modified to be combined with 
other `stacked arrays' to form a larger `stacked array'; and
    d.1.e.2. Integrated connections, common for both electronics and 
cooling;

    Note 1:  `Stacked arrays', formed by combining semiconductor 
``laser'' `stacked arrays' specified by 6A005.d.1.e, that are not 
designed to be further combined or modified are specified by 
6A005.d.1.d.


    Note 2:  `Stacked arrays', formed by combining semiconductor 
``laser'' `stacked arrays' specified by 6A005.d.1.e, that are 
designed to be further combined or modified are specified by 
6A005.d.1.e.


    Note 3: 6A005.d.1.e does not apply to modular assemblies of 
single `bars' designed to be fabricated into end-to-end stacked 
linear arrays.


    Technical Notes: 1. Semiconductor ``lasers'' are commonly called 
``laser'' diodes.
    2. A `bar' (also called a semiconductor ``laser'' `bar', a 
``laser'' diode `bar' or diode `bar') consists of multiple 
semiconductor ``lasers'' in a one-dimensional array.
    3. A `stacked array' consists of multiple `bars' forming a two-
dimensional array of semiconductor ``lasers''.

* * * * *

0
41. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6 Sensors, ECCN 6A008 is amended by revising the Note at the 
beginning of the Items paragraph, and adding paragraphs c. through l. 
in the Items paragraph of the List of Items Controlled section, to read 
as follows:

6A008 Radar systems, equipment and assemblies, having any of the 
following (see List of Items Controlled), and specially designed 
components therefor.
* * * * *

List of Items Controlled

* * * * *
    Items:

    Note: 6A008 does not control:


--Secondary surveillance radar (SSR);
--Civil Automotive Radar;
--Displays or monitors used for air traffic control (ATC);
--Meteorological (weather) radar;
--Precision Approach Radar (PAR) equipment conforming to ICAO 
standards and employing electronically steerable linear (1-
dimensional) arrays or mechanically positioned passive antennae.
* * * * *
    c. Capable of operating simultaneously on more than two carrier 
frequencies;
    d. Capable of operating in synthetic aperture (SAR), inverse 
synthetic aperture (ISAR) radar mode, or sidelooking airborne (SLAR) 
radar mode;
    e. Incorporating electronically steerable array antennae;
    f. Capable of heightfinding non-cooperative targets;

    Note: 6A008.f does not control precision approach radar (PAR) 
equipment conforming to ICAO standards.

    g. Specially designed for airborne (balloon or airframe mounted) 
operation and having Doppler ``signal processing'' for the detection 
of moving targets;
    h. Employing processing of radar signals and using any of the 
following:
    h.1. ``Radar spread spectrum'' techniques; or
    h.2. ``Radar frequency agility'' techniques;
    i. Providing ground-based operation with a maximum 
``instrumented range'' exceeding 185 km;

    Note:  6A008.i does not control:
    a. Fishing ground surveillance radar;
    b. Ground radar equipment specially designed for en route air 
traffic control, and having all of the following:
    1. A maximum ``instrumented range'' of 500 km or less;
    2. Configured so that radar target data can be transmitted only 
one way from the radar site to one or more civil ATC centers;
    3. Contains no provisions for remote control of the radar scan 
rate from the en route ATC center; and
    4. Permanently installed;
    c. Weather balloon tracking radars.

    j. Being ``laser'' radar or Light Detection and Ranging (LIDAR) 
equipment and having any of the following:
    j.1. ``Space-qualified'';
    j.2. Employing coherent heterodyne or homodyne detection 
techniques and having an angular resolution of less (better) than 20 
[mu]rad (microradians); or
    j.3. Designed for carrying out airborne bathymetric littoral 
surveys to International Hydrographic Organization (IHO) Order 1a 
Standard (5th Edition February 2008) for Hydrographic Surveys or 
better, and using one or more lasers with a wavelength exceeding 400 
nm but not exceeding 600 nm;

    Note 1:  LIDAR equipment specially designed for surveying is 
only specified by 6A008.j.3.


    Note 2:  6A008.j does not apply to LIDAR equipment specially 
designed for meteorological observation.


    Note 3:  Parameters in the IHO Order 1a Standard 5th Edition 
February 2008 are summarized as follows:

    Horizontal Accuracy (95% Confidence Level) = 5 m + 5% of depth.
    Depth Accuracy for Reduced Depths (95% Confidence Level) = 
[radic](a\2\+(b*d)\2\) where:
a = 0.5 m = constant depth error, i.e. the sum of all constant depth 
errors
b = 0.013 = factor of depth dependant error
b*d = depth dependant error, i.e. the sum of all depth dependant 
errors
d = depth
Feature Detection = Cubic features > 2 m in depths up to 40 m; 10% 
of depth beyond 40 m.

    k. Having ``signal processing'' sub-systems using ``pulse 
compression'' and having any of the following:
    k.1. A ``pulse compression'' ratio exceeding 150; or
    k.2. A pulse width of less than 200 ns; or
    l. Having data processing sub-systems and having any of the 
following:
    l.1. ``Automatic target tracking'' providing, at any antenna 
rotation, the predicted target position beyond the time of the next 
antenna beam passage;

    Note:  6A008.l.1 does not control conflict alert capability in 
ATC systems, or marine or harbor radar.

    l.2. Calculation of target velocity from primary radar having 
non-periodic (variable) scanning rates;
    l.3. Processing for automatic pattern recognition (feature 
extraction) and comparison with target characteristic data bases 
(waveforms or imagery) to identify or classify targets; or
    l.4. Superposition and correlation, or fusion, of target data in 
real time from two or more ``geographically dispersed'' radar 
sensors to improve the aggregate performance beyond that of any 
single sensor.

    Note:  6A008.l.4 does not control systems, equipment and 
assemblies designed for marine traffic control.


0
42. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6 Sensors, ECCN 6C004 is amended by revising paragraph b. and 
the introductory text to paragraph e. in the Items paragraph of the 
List of Items Controlled section, to read as follows:

6C004 Optical materials as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b. Boules of any of the following electro-optic materials:
    b.1. Potassium titanyl arsenate (KTA) (CAS 59400-80-5);
    b.2. Silver gallium selenide (AgGaSe2) (CAS 12002-67-
4); or
    b.3. Thallium arsenic selenide (Tl3AsSe3, 
also known as TAS) (CAS 16142-89-5);
* * * * *
    e. Glass, including fused silica, phosphate glass, 
fluorophosphate glass, zirconium fluoride (ZrF4) (CAS 
7783-64-4) and hafnium fluoride (HfF4) (CAS 13709-52-9) 
and having all of the following:
* * * * *

0
43. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6 Sensors, ECCN 6D003 is amended by adding paragraph a.5 and 
revising paragraph h.1 in the Items paragraph of the List of Items 
Controlled section, to read as follows:

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

List of Items Controlled

* * * * *

[[Page 54284]]

Items:

ACOUSTICS

    a. * * *
    a.5. ``Software'' or ``source code'', specially designed for all 
of the following:
    a.5.a. ``Real time processing'' of acoustic data from sonar 
systems controlled by 6A001.a.1.e; and
    a.5.b. Automatically detecting, classifying and determining the 
location of divers or swimmers;
    N.B.: For diver detection ``software'' or ``source code'', 
specially designed or modified for military use, see the U.S. 
Munitions List of the International Traffic in Arms Regulations 
(ITAR) (22 CFR part 121).
* * * * *

RADAR

    h. * * *
    h.1. Air Traffic Control (ATC) ``software'' application 
``programs'' hosted on general purpose computers located at Air 
Traffic Control centers and capable of accepting radar target data 
from more than four primary radars;
* * * * *

0
44. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7 Navigation and Avionics, ECCN 7A005 is amended by revising 
the Heading and adding License Requirements and List of Items 
Controlled sections, to read as follows:

7A005 Global Navigation Satellite Systems (GNSS) receiving equipment 
having any of the following and specially designed components 
therefor.

License Requirements

    These items are subject to the export licensing authority of the 
U.S. Department of State, Directorate of Defense Trade Controls. See 
22 CFR part 121.

List of Items Controlled

    Unit: N/A
    Related Controls: See also 7A105 and 7A994. For equipment 
specially designed for military use, see Categories XI and XV of the 
U.S. Munitions List (22 CFR 121).
    Related Definitions: N/A
    Items:
    a. Employing a decryption algorithm specially designed or 
modified for government use to access the ranging code for position 
and time; or
    b. Employing `adaptive antenna systems'.

    Note: 7A005.b does not apply to GNSS receiving equipment that 
only uses components designed to filter, switch, or combine signals 
from multiple omni-directional antennae that do not implement 
adaptive antenna techniques.


    Technical Note:  For the purposes of 7A005.b `adaptive antenna 
systems' dynamically generate one or more spatial nulls in an 
antenna array pattern by signal processing in the time domain or 
frequency domain.


0
45. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7 Navigation and Avionics, ECCN 7B001 is amended by revising 
paragraph (2) in the Related Definitions paragraph of the List of Items 
Controlled section to read as follows:

7B001 Test, calibration or alignment equipment, specially designed 
for equipment controlled by 7A (except 7A994).
* * * * *

List of Items Controlled

* * * * *
    Related Definition: * * *
    (2) `Maintenance Level II': The defective LRU is sent to the 
maintenance workshop (the manufacturer's or that of the operator 
responsible for level II maintenance). At the maintenance workshop, 
the malfunctioning LRU is tested by various appropriate means to 
verify and localize the defective Shop Replaceable Assembly (SRA) 
module responsible for the failure. This SRA is removed and replaced 
by an operative spare. The defective SRA (or possibly the complete 
LRU) is then shipped to the manufacturer. `Maintenance Level II' 
does not include the disassembly or repair of controlled 
accelerometers or gyro sensors.
* * * * *

0
46. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7 Navigation and Avionics, ECCN 7D003 is amended by revising 
paragraph b.2 in the Items paragraph of the List of Items Controlled to 
read as follows:

7D003 Other ``software'' as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    b. * * *
    b.2. Global Navigation Satellite Systems (GNSS) reference data; 
or
* * * * *

0
47. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 7 Navigation and Avionics, ECCN 7E004 is amended by revising 
paragraph b.6 in the Items paragraph of the List of Items Controlled to 
read as follows:

7E004 Other ``technology'' as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    b. * * *
    b.6. Full authority digital flight control or multisensor 
mission management systems, employing ``expert systems'';
    N.B.: For ``technology'' for ``Full Authority Digital Engine 
Control Systems'' (``FADEC Systems''), see ECCN 9E003.h.
* * * * *

0
48. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, Aerospace and Propulsion, ECCN 9A001 is amended by revising 
the Heading and introductory text of paragraph a. in the Items 
paragraph of the List of Items Controlled section to read as follows:

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

List of Items Controlled

* * * * *
    Items:
    a. Incorporating any of the technologies controlled by .a or .h; 
or
* * * * *

0
49. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, Aerospace and Propulsion, ECCN 9A003 is amended by revising 
the Heading to read as follows:

9A003 Specially designed assemblies and components, incorporating 
any of the ``technologies'' controlled by 9E003.a or 9E003.h, for 
gas turbine engine propulsion systems having any of the following 
(see List of Items Controlled).
* * * * *

0
50. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, Aerospace and Propulsion, ECCN 9B002 is amended by revising 
the Heading to read as follows:

9B002 On-line (real time) control systems, instrumentation 
(including sensors) or automated data acquisition and processing 
equipment, specially designed for the ``development'' of gas turbine 
engines, assemblies or components incorporating ``technologies'' 
controlled by 9E003.a or 9E003.h.
* * * * *

0
51. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, Aerospace and Propulsion, ECCN 9D003 is amended by revising 
the Heading, the License Requirements section and paragraph b. in the 
Items paragraph of the License Requirements section to read as follows:

9D003 ``Software'' specially designed or modified for the ``use'' of 
``Full Authority Digital Electronic Engine Control Systems'' 
(``FADEC Systems'') for propulsion systems controlled by 9A (except 
9A018, 9A990 or 9A991) or equipment controlled by 9B (except 9B990 
or 9B991), as follows (see List of Items Controlled).

License Requirements

    Reason for Control: NS, MT, AT

[[Page 54285]]



 
                Control(s)                          Country chart
 
NS applies to ``software'' NS Column 1 for  AT applies to entire entry
 ``use'' of ``FADEC systems'' for            AT Column 1.
 equipment controlled by 9A001 to 9A003.
MT applies to ``software'' MT Column 1
 required for the ``use'' of ``FADEC
 systems'' for gas turbine engines
 controlled by 9A101, or 9A106.
 

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    b. Fault-tolerant ``software'' used in ``FADEC systems'' for 
propulsion systems and associated test facilities.

0
52. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, Aerospace and Propulsion, ECCN 9E003 is amended by:
0
a. Revising the SI paragraph in the License Requirements section;
0
b. Removing and reserving paragraph a.9, and adding a note after the 
reserved a.9 in the Items paragraph of the List of Items Controlled 
section; and
0
c. Redesignating paragraph h. as i. and adding a new paragraph h. in 
the Items paragraph of the List of Items Controlled; and
0
d. Revising newly redesignated paragraph i. in the Items paragraph of 
the List of Items Controlled section to read as follows:

9E003 Other ``technology'' as follows (see List of Items 
Controlled).
* * * * *
    SI applies to 9E003.a.1 through a.8, a.10, .h and .i. See Sec.  
742.14 of the EAR for additional information.
* * * * *

List of Items Controlled

* * * * *
    Items:
    a. * * *
    a.9. [Reserved]
    N.B.: For ``FADEC systems'', see 9E003.h.
* * * * *
    h. ``Technology'' for gas turbine engine ``FADEC systems'' as 
follows:
    h.1. ``Development'' ``technology'' for deriving the functional 
requirements for the components necessary for the ``FADEC system'' 
to regulate engine thrust or shaft power (e.g., feedback sensor time 
constants and accuracies, fuel valve slew rate);
    h.2. ``Development'' or ``production'' ``technology'' for 
control and diagnostic components unique to the ``FADEC system'' and 
used to regulate engine thrust or shaft power;
    h.3. ``Development'' ``technology'' for the control law 
algorithms, including ``source code'', unique to the ``FADEC 
system'' and used to regulate engine thrust or shaft power.

    Note:  9E003.h does not apply to technical data related to 
engine-aircraft integration required by the civil aviation 
certification authorities to be published for general airline use 
(e.g., installation manuals, operating instructions, instructions 
for continued airworthiness) or interface functions (e.g., input/
output processing, airframe thrust or shaft power demand).

    i. ``Technology'' not otherwise controlled in 9E003.a.1 through 
a.8, a.10, and .h and 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 26, 2010.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2010-21688 Filed 9-3-10; 8:45 am]
BILLING CODE 3510-33-P