[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Proposed Rules]
[Pages 25798-25821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10353]



[[Page 25797]]

Vol. 80

Tuesday,

No. 86

May 5, 2015

Part II





Department of Commerce





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Bureau of Industry and Security





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15 CFR Parts 734, 740, 742, et al.





Department of State





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22 CFR Part 121





Revisions to the Export Administration Regulations (EAR): Control of 
Fire Control, Range Finder, Optical, and Guidance and Control Equipment 
the President Determines No Longer Warrant Control Under the United 
States Munitions List (USML); Amendment to the International Traffic in 
Arms Regulations: Revision of U.S. Munitions List Category XII; 
Proposed Rules

  Federal Register / Vol. 80 , No. 86 / Tuesday, May 5, 2015 / Proposed 
Rules  

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 734, 740, 742, 744, 772, and 774

[Docket No. 140221170-4170-01]
RIN 0694-AF75


Revisions to the Export Administration Regulations (EAR): Control 
of Fire Control, Range Finder, Optical, and Guidance and Control 
Equipment the President Determines No Longer Warrant Control Under the 
United States Munitions List (USML)

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Proposed rule.

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SUMMARY: This proposed rule describes how articles the President 
determines no longer warrant control under Category XII (Fire Control, 
Range Finder, Optical and Guidance and Control Equipment) of the United 
States Munitions List (USML) of the International Traffic in Arms 
Regulations (ITAR) would be controlled under the Commerce Control List 
(CCL) by creating new ``600 series'' Export Control Classification 
Numbers (ECCN)s 6A615, 6B615 and 6D615 for military fire control, range 
finder, and optical items, by revising ECCN 7A611 and by creating new 
ECCNs 7B611, 7C611 and 7E611 for military optical and guidance items. 
In addition, for certain night vision items currently subject to the 
Export Administration Regulations (EAR), this rule proposes to expand 
the scope of control, eliminate the use of some license exceptions, and 
create new ECCNs for certain software and technology related to night 
vision items. This proposed rule would also expand the scope of end-use 
restrictions on certain exports and reexports of certain cameras, 
systems, or equipment and expand the scope of military commodities 
described in ECCN 0A919.

DATES: Comments must be received by July 6, 2015.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Search for this rule using its regulations.gov docket number: BIS-2015-
0016.
     By email directly to [email protected]. Include 
RIN 0694-AF75 in the subject line.
     By mail or delivery to Regulatory Policy Division, Bureau 
of Industry and Security, U.S. Department of Commerce, Room 2099B, 14th 
Street and Pennsylvania Avenue NW., Washington, DC 20230. Refer to RIN 
0694-AF75.

FOR FURTHER INFORMATION CONTACT: Dennis Krepp, Office of National 
Security and Technology Transfer Controls, Bureau of Industry and 
Security, Telephone: 202-482-1309, Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    This proposed rule is part of the Administration's Export Control 
Reform Initiative, the objective of which is to protect and enhance 
U.S. national security interests. The Initiative began in August 2009 
when President Obama directed the Administration to conduct a broad-
based review of the U.S. export control system to identify additional 
ways to enhance national security. Once the Department of State's 
International Traffic in Arms Regulations (ITAR) and its U.S. Munitions 
List (USML) are amended to control only the items that provide the 
United States with a critical military or intelligence advantage or 
otherwise warrant such controls, and the Export Administration 
Regulations (EAR) are amended to control military items that do not 
warrant USML controls, the U.S. export control system will enhance 
national security by (i) improving interoperability of U.S. military 
forces with allied countries, (ii) strengthening the U.S. industrial 
base by, among other things, reducing incentives for foreign 
manufacturers to design out and avoid US-origin content and services, 
and (iii) allowing export control officials to focus government 
resources on transactions that pose greater concern.
    Pursuant to section 38(f) of the Arms Export Control Act (AECA), 
the President is obligated to review the USML ``to determine what 
items, if any, no longer warrant export controls under'' the AECA. The 
President must report the results of the review to Congress and wait 30 
days before removing any such items from the USML. The report must 
``describe the nature of any controls to be imposed on that item under 
any other provision of law.'' 22 U.S.C. 2778(f)(1).
    BIS has published and will continue to publish additional Federal 
Register notices containing proposed amendments to the CCL that 
describe proposed controls for additional categories of articles to the 
extent the President determines such articles no longer warrant control 
under the USML. The State Department will publish concurrently proposed 
amendments to the USML that correspond to the BIS notices. BIS will 
also publish proposed rules to further align the CCL with the Wassenaar 
Arrangement on Export Controls for Conventional Arms and Dual-Use Goods 
and Technologies' Munitions List (Wassenaar Arrangement Munitions List 
or WAML) and the Missile Technology Control Regime's Equipment, 
Software and Technology Annex (MTCR Annex).
    Following the structure set forth in the final rule entitled 
``Revisions to the Export Administration Regulations: Initial 
Implementation of Export Control Reform'' (78 FR 22660, April 16, 2013) 
(``April 16 (initial implementation) rule''), this proposed rule 
describes BIS's proposal for controlling under the EAR and its CCL fire 
control, range finder, optical, and guidance and control equipment, and 
related articles now controlled by the ITAR's USML Category XII. The 
proposed changes described in this proposed rule and the corresponding 
changes in the State Department's proposed amendment to Category XII of 
the USML are based on a review of Category XII by the Defense 
Department, which worked with the Departments of State and Commerce in 
preparing the proposed amendments. The review was focused on 
identifying the types of articles that are currently controlled by USML 
Category XII that are either (i) inherently military and otherwise 
warrant control on the USML or (ii) if it is a type common to non-
military equipment, possess parameters or characteristics that provide 
a critical military or intelligence advantage to the United States, and 
that are almost exclusively available from the United States. If an 
article satisfied one or both of those criteria, the article remained 
on the USML. If an article did not satisfy either standard, but was 
nonetheless a type of article that is, as a result of differences in 
form and fit, ``specially designed'' for military applications, it was 
identified in current or new ECCNs proposed in this notice.
    In the April 16 (initial implementation) rule, BIS created a series 
of new ECCNs to control items that would be removed from the USML, or 
that are items from the Wassenaar Arrangement on Export Controls for 
Conventional Arms and Dual Use Goods and Technologies Munitions List 
(Wassenaar Arrangement Munitions List or WAML) that are already 
controlled elsewhere on the CCL. That final rule referred to this 
series as the ``600 series'' because the third character in each of the 
new ECCNs would be a ``6.'' The first two characters of the 600 series 
ECCNs serve the same function as any other ECCN as described in Sec.  
738.2 of the EAR. The first character is a digit in the range 0 through 
9 that identifies the

[[Page 25799]]

Category on the CCL in which the ECCN is located. The second character 
is a letter in the range A through E that identifies the product group 
within a CCL Category. In the 600 series, the third character is the 
number 6. With few exceptions, the final two characters identify the 
WAML category that covers items that are the same or similar to items 
in a particular 600 series ECCN.
    A ``600 series'' ECCN will not be created, however, if an existing 
ECCN is subject to controls for reasons other than Anti-Terrorism (AT) 
reasons and allows for identification, classification, and control of 
items transferred from the USML. Many of the items controlled under 
Category XII of the ITAR would also be subject to controls established 
by the Wassenaar Arrangement List of Dual-Use Goods and Technologies, 
which are reflected in many existing ECCNs on the CCL. Consequently, 
for many items, the review identified control parameters to delineate 
those items that would remain controlled under USML Category XII of the 
ITAR from those that would be subject to the lower threshold controls 
identified in the CCL. Accordingly, this proposed rule would revise the 
following existing ECCNs: 0A987, optical sighting devices for firearms; 
2A984, concealed object detection equipment; 6A004, optical equipment 
and components; 6A005, lasers, components, and optical equipment; 
6A007, gravity meters and gravity gradiometers; 6A008, radar systems, 
equipment, and assemblies; 6A107, gravity meters and gravity 
gradiometers; 7A001, accelerometers; 7A002, gyros or angular rate 
sensors; 7A003, inertial measurement equipment or systems; 7A005, 
Global Navigation Satellite Systems receiving equipment; 7A101, 
accelerometers; and 7A102, gyros. In order to maintain consistency with 
the Wassenaar Arrangement, proposed revisions to these ECCNs would not 
amend the control parameters in the Items paragraph of the ECCNs. 
Rather, most amendments add notes to the Related Controls paragraph or 
specific subparagraphs of the Items paragraph to reference the 
corresponding control under Category XII of the USML.
    The review also identified several sensors and cameras that provide 
important night vision capability for military use but are also widely 
used in civil products and applications. In order to address the 
sensitivity of these items that are currently on the Wassenaar 
Arrangement's Dual-Use Control List and thus controlled under ECCNs 
6A002 (optical sensors or equipment and components therefor) and 6A003 
(cameras, systems or equipment, and components therefor) on the 
Commerce Control List, this proposed rule would amend the availability 
of License Exceptions STA and APR for certain items; revise the license 
review policy; expand the license requirement in Sec.  744.9; expand 
software controls related to ECCNs 6A002 and 6A003 by revising ECCNs 
6D002, 6D003, and 6D991; and create new ECCNs 6D994 and 6E994 for 
repair, maintenance, or overhaul software or technology for ECCNs 
6A002, 6A003, or 6A990 commodities. In addition, this proposed rule 
proposes to revise controls for certain read-out integrated circuits in 
ECCN 6A990 and related software and technology in ECCNs 6D991 and 
6E990, as well as newly proposed ECCNs 6D994 and 6E994. To ensure 
interagency review of all items in ECCNs 6A002 and 6A990, this proposed 
rule would establish a new RS control that would require a license to 
export or reexport these commodities, as well as related software and 
technology, to all destinations, including Canada. This worldwide RS 
control, described further in Sec.  742.6(a)(8), would effectively add 
a license requirement for Canada for all exports and reexports of ECCNs 
6A002 and 6A990 commodities.
    This proposed rule would also amend ECCN 6A002 to specify that 
focal plane arrays controlled under that ECCN include certain focal 
plane arrays in a ``permanent encapsulated sensor assembly'', as that 
term is proposed to be defined in Sec.  772.1, are subject to the EAR. 
Under this proposed rule, focal plane arrays described in ECCN 6A002 
that are not in a ``permanent encapsulated sensor assembly'' would be 
subject to the ITAR. Although these items are proposed to be subject to 
a worldwide license requirement, these commodities would be eligible 
for de minimis treatment (unless subject to Sec.  734.4(a)(5)) under 
the EAR and clearly included on the CCL, thus addressing concerns 
foreign manufacturers have expressed regarding jurisdictional 
uncertainty on components incorporated in foreign-made commercial 
items.
    This proposed rule would also revise controls pertaining to cameras 
classified under ECCN 6A993.a as a result of meeting the criteria to 
Note 3.a to ECCN 6A003.b.4.b (i.e., having a maximum frame rate equal 
to or less than 9 Hz). The interagency review found that these 9 Hz 
cameras have been incorporated into foreign military commodities. As a 
result, this proposed rule would amend Sec.  744.9 to include such 9 Hz 
cameras and subject them to the license requirements described in that 
section. This change is described more fully below. Additionally, this 
proposed rule would create new ECCN 0E987 to control technology 
required for the development or production of ECCN 0A987 commodities 
that incorporate a focal plane array or image intensifier tube.
    For those items being transferred from Category XII of the ITAR 
that are not covered by an existing ECCN that have controls for reasons 
other than AT reasons, this proposed rule would create (or revise in 
the case of 7A611) the following ``600 series'' ECCNs: 6A615, military 
fire control, range finder, and optical equipment; 6B615, test, 
inspection, and production ``equipment'' and related commodities 
``specially designed'' for the ``development'' or ``production'' of 
military fire control, range finder, and optical equipment; 6D615, 
software ``specially designed'' for the ``development,'' 
``production,'' operation, or maintenance of military fire control, 
range finder, and optical equipment controlled by ECCNs 6A615 or 6B615; 
6E615, technology ``required'' for the ``development,'' ``production,'' 
operation, installation, maintenance, repair, overhaul, or refurbishing 
of military fire control, range finder, and optical equipment 
controlled by 6A615 or 6B615 or software controlled under 6D615; 7A611, 
military guidance and control equipment; 7B611, test, inspection, and 
production ``equipment'' and related commodities ``specially designed'' 
for military guidance and control equipment; 7D611, software 
``specially designed'' for the ``development,'' ``production,'' 
operation, or maintenance of commodities controlled by 7A611 or 
equipment controlled by 7B611; and 7E611, technology ``required'' for 
the ``development,'' ``production,'' operation, installation, 
maintenance, repair, overhaul or refurbishing of commodities controlled 
by 7A611, equipment controlled by 7B611, or software controlled by 
7D611.
    As the U.S. Government works through the proposed revisions to the 
USML and the related proposed new controls on the CCL, the agencies 
recognize that some proposed control parameters may control items in 
normal commercial use and on the Wassenaar Arrangement's Dual Use List. 
BIS believes that multiple perspectives would be beneficial to this 
process, and, while welcoming comments from all interested persons 
concerning any aspect of this proposed rule, it believes that input 
from users of the lists on the following issues would be particularly 
helpful.

[[Page 25800]]

    (1) A key goal of this rulemaking is to ensure the USML and the CCL 
together control all items that meet Wassenaar Arrangement commitments 
embodied in USML Category XII. To that end, the public is asked to 
identify any potential lack of coverage brought about by the proposed 
rules when reviewed together.
    (2) Another key goal of this rulemaking is to identify items 
proposed for control on the USML or the CCL that are not controlled on 
the Wassenaar Arrangement's Munitions or Dual Use List. The public is 
asked to identify any items proposed for control on the CCL that are 
not controlled on the Wassenaar Arrangement's Munitions or Dual Use 
List.
    (3) A third key goal of this rulemaking is to establish a ``bright 
line'' between the USML and the CCL, and between the CCL's 600 series 
and the rest of the CCL, for control of the items at issue. The public 
is asked to provide specific examples of control criteria that do not 
clearly describe items that would be defense articles, and thus do not 
establish a ``bright line'' between the USML and the CCL, or between 
the 600 series and the rest of the CCL.
    (4) Although the proposed revisions to the USML and the CCL do not 
preclude the possibility that items in normal commercial use would or 
should be ITAR-controlled because, e.g., they provide the United States 
with a critical military or intelligence advantage, or controlled in 
the EAR's 600 series controls, the U.S. Government does not want to 
inadvertently control items on the ITAR or in the 600 series that are 
in normal commercial use. As described in the State Department's 
proposed rule, items that would be controlled on the USML have been 
identified as possessing parameters or characteristics that provide a 
critical military or intelligence advantage. The corresponding 600 
series entries would control all other such items not meeting this 
standard, but that are nonetheless ``specially designed'' for military 
applications. The public is thus asked to provide specific examples of 
items, if any, that would be controlled by the revised USML Category 
XII or the new 600 series entries proposed in this rule that are now in 
normal commercial use and should thus controlled elsewhere on the CCL. 
The examples should demonstrate actual commercial use, not just 
potential or theoretical use, with supporting documents, as well as 
foreign availability of such items.
    (5) If there are any criteria proposed in the revised USML Category 
XII or new 600 series entries that the public believes control items in 
normal commercial use, the public is asked to identify different 
parameters or characteristics that would cover items exclusively or 
primarily in military use.
    (6) If there are any criteria the public believes control items in 
normal commercial use, the public is asked to identify the multilateral 
controls (such as the Wassenaar Arrangement's Dual Use List), if any, 
for such items, and the consequences of such items being controlled on 
the USML or the 600 series entries.
    (7) BIS seeks public comment on the use of the phrase ``permanent 
encapsulated sensor assembly'' in this proposed rule.
    (8) BIS also encourages comments on the proposed expansion of 
license requirements and removal of license exception availability on 
items, as described in this rule, that are currently exportable without 
a license or under a license exception.
    (9) Finally, BIS seeks comments on the impact of the proposed new 
license requirements for the export to Canada of items described in 
this rule.

Detailed Description of Changes in This Proposed Rule--Increased 
Controls for Night Vision Items

    To address concerns regarding the control of night vision items 
currently subject to the EAR or proposed to be transferred from USML 
Category XII to the CCL, as well as foreign-made military commodities 
incorporating night vision items, this proposed rule would revise the 
policies for night vision items controlled in Category 6 by amending 
Sec. Sec.  734.4(a), 740.16, 740.20, 742.6, and 744.9 of the EAR. These 
changes are described more fully herein.

Revisions to Section 734.4

    Section 734.4(a)(5) of the EAR currently provides that there is no 
de minimis level for foreign military commodities, as described in ECCN 
0A919, that incorporate certain night vision items. Since this proposed 
rule would expand the scope of items controlled under ECCN 0A919, as 
described further below, Sec.  734.4(a)(5) would also be revised to 
reflect changes to that ECCN. Under this proposed rule, there would be 
no de minimis level for foreign-made military commodities described in 
ECCN 0A919, which incorporate commodities classified under ECCNs 6A002, 
6A003, 6A990, or 6A993.a (that meet the criteria of Note 3.a to ECCN 
6A003.b.4.b).

Addition to Section 740.2

    Section 740.2 sets forth restrictions on all license exceptions. 
This rule would make technology for production of commodities defined 
in ECCNs 6A002.a.2 (image intensifier tubes), 6A002.a.3 (certain focal 
plane arrays), or 6A990 (read-out integrated circuits specially 
designed for focal plane arrays controlled by ECCN 6A003.a.2) and 
controlled under ECCNs 6E002 or 6E990 ineligible for any license 
exception. The restriction is being proposed because of the potential 
use of these tubes, arrays and integrated circuits in night vision 
devices.

Availability of License Exception APR

    Section 740.16 of the EAR currently authorizes specified reexports 
of items subject to the EAR by certain countries to specified 
destinations without individual licenses from BIS. To ensure 
appropriate control for items in ECCNs 6A002, 6A003, and 6A990, as well 
as items covered by ECCN 0A919 incorporating such items, this rule 
proposes to remove APR availability for reexports from Country Group 
A:1 or cooperating countries for items described in ECCNs 6A002, 6A003, 
and 6A990. However, cameras described in ECCN 6A003 may be exported or 
reexported under License Exception APR to and among Albania, Australia, 
Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, 
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, 
Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, the 
Netherlands, New Zealand, Norway, Poland, Portugal, Romania, Slovakia, 
Slovenia, South Africa, South Korea, Spain, Sweden, Switzerland, 
Turkey, and the United Kingdom if such cameras are fully packaged for 
use as consumer ready civil products or such cameras with not more than 
111,000 elements are to be embedded in civil products. This rule also 
would make commodities described in ECCN 0A897 (optical sighting 
devices for firearms) that incorporate an image intensifier tube 
ineligible for export to and among countries in Country Group A:1 and 
cooperating countries under License Exception APR because of the night 
vision capability of those devices.

Availability of License Exception STA

    The EAR currently restricts the use of License Exception STA for 
specific commodities controlled by ECCNs 6A002 or 6A003, as well as 
related technology controlled by 6E001 or 6E002, for export or reexport 
to countries listed in Sec.  740.20(c)(2). By amending Sec.  
740.20(b)(2), this rule proposes to remove License Exception STA 
availability for newly-proposed technology controlled under ECCN 0E987; 
all commodities controlled under ECCN 6A002; commodities

[[Page 25801]]

controlled under ECCN 6A990; software controlled under ECCN 6D002 for 
the ``use'' of commodities controlled under ECCN 6A002.b; software 
controlled under ECCN 6D003.c; software controlled under ECCN 6D991 for 
the ``development,'' ``production,'' or ``use'' of commodities 
controlled under ECCNs 6A002, 6A003, or 6A990; software controlled 
under new ECCN 6D994; technology controlled under ECCN 6E001 for the 
``development'' of commodities controlled under ECCNs 6A002 or 6A003; 
technology controlled under ECCN 6E002 for the ``production'' of 
commodities controlled under ECCNs 6A002 or 6A003; technology 
controlled under ECCN 6E990; and technology controlled under new 6E994.

Revisions to Regional Stability Licensing Policy

    Section 742.6 sets forth controls that support U.S. foreign policy 
to maintain regional stability. This proposed rule would add new Sec.  
742.6(a)(8) to require a license worldwide for the export or reexport 
of some Category 0 and 6 items. Specifically, the new provision would 
pertain to: Commodities described in ECCNs 6A002 or 6A990; ``software'' 
described in ECCN 6D002 for the ``use'' of ECCN 6A002.b commodities; 
``software'' described in ECCN 6D003.c; ``software'' described in ECCN 
6D991 for the ``development,'' ``production,'' or ``use'' of ECCN 
6A002, 6A003, or 6A990 commodities; ``software'' described in ECCN 
6D994; ``technology'' described in ECCN 0E987; ``technology'' described 
in ECCN 6E001 for the ``development'' of ECCN 6A002 or 6A003 
commodities; ``technology'' described in ECCN 6E002 for the 
``production'' of ECCN 6A002 or 6A003 commodities; ``technology'' 
described in ECCN 6E990; and ``technology'' described in ECCN 6E994.
    With the exception of military commodities controlled under ECCN 
0A919, license applications for all commodities described above subject 
to the worldwide RS control will be reviewed on a case-by-case basis, 
as described in Sec.  742.6(b)(1)(ii). However, license applications 
for all items described in the above paragraph, including military 
commodities controlled under ECCN 0A919, would be subject to ITAR 
licensing policies for exports or reexports of such items to military 
end users described in Sec.  744.9(d) or for incorporation into a 
``military commodity'' controlled by ECCN 0A919.
    This rule further proposes to revise Sec.  742.6(b)(1) to set forth 
a presumption of denial for exports or reexports of software controlled 
under ECCNs 6D002 (for the ``use'' of ECCN 6A002.b commodities), 
6D003.c, and 6D991 (for the ``development,'' ``production,'' or ``use'' 
of commodities controlled under ECCNs 6A002, 6A003, or 6A990). Software 
controlled under ECCN 6D994, however, would be reviewed on a case-by-
case basis.
    With respect to technology, this proposed rule would revise Sec.  
742.6(b)(1) to set forth a presumption of denial for exports or 
reexports of technology controlled under ECCNs 0E987, 6E001 (for 
``development'' of ECCN 6A002 or 6A003 commodities), 6E002 (for 
``production'' of ECCN 6A002 or 6A003 commodities except for technology 
required for integration, mounting, inspection, testing, or quality 
assurance), and 6E990. However, applications for ECCN 6E002 ``build-to-
print technology'' that is required for integration, mounting, 
inspection, testing, or quality assurance would be reviewed on a case-
by-case basis.
    This rule also would add ECCN 6A003.b (certain imaging cameras) to 
Sec.  742.6(b)(1)(iii)(C) to apply the license application review 
policy of the ITAR if being exported or reexported for incorporation 
into a ``military commodity'' controlled by ECCN 0A919.
    Finally, this rule proposes no substantive changes to the existing 
licensing policy described in current Sec.  742.6(b)(1), but this rule 
does propose to re-structure the description of those policies under 
Sec.  742.6(b)(1)(i)-(b)(1)(iv).

Revisions to End-Use/End-User Controls

    Section 744.9 currently requires a license for the export or 
reexport to any destination other than Canada for cameras controlled by 
ECCNs 6A003.b.3, 6A003.b.4.b, or 6A003.b.4.c when the exporter knows or 
is informed that the item is intended to be used by a ``military end-
user'' or to be incorporated into a ``military commodity'' controlled 
by ECCN 0A919, in addition to other applicable license requirements in 
the EAR.
    This proposed rule would revise Sec.  744.9 to require a license 
for exports, reexports, or transfers (in-country) of commodities 
controlled by ECCN 0A987 (incorporating items in ECCNs 6A002 and 6A003, 
or certain cameras in 6A993.a), ECCN 6A002, ECCN 6A003, ECCN 6A990, 
ECCN 6A993.a commodities meeting the criteria of Note 3.a to ECCN 
6A003.b.4.b., ECCN 8A002.d.1.c, and ECCN 8A002.d.2, when the exporter 
or reexporter knows or is informed that the item is intended to be used 
by a ``military end-user'' or to be incorporated into a ``military 
commodity'' controlled by ECCN 0A919. Commodities controlled by ECCN 
6A993.a as a result of meeting the criteria of Note 3.a to ECCN 
6A003.b.4.b are cameras with a maximum frame rate equal to or less than 
9 Hz. Although these 9 Hz cameras are subject only to Anti-Terrorism 
controls, the U.S. Government determined that 9 Hz cameras are used in 
foreign-made military commodities and thus merited inclusion in Sec.  
744.9.
    License applications submitted as a result of the proposed 
revisions of Sec.  744.9 would be reviewed under the ITAR licensing 
policy described in Sec. Sec.  742.6(b)(1)(iii) and 744.9(c).

Addition of Definition to Part 772

    To more precisely address the jurisdictional split for focal plane 
arrays described in ECCN 6A002, this rule proposes to add a definition 
for focal plane arrays in a ``permanent encapsulated sensor assembly.'' 
Focal plane arrays described in ECCN 6A002 that are focal plane arrays 
in a ``permanent encapsulated sensor assembly'' and are not otherwise 
subject to the ITAR would be subject to the EAR, while focal plane 
arrays described in ECCN 6A002 that are not in a ``permanent 
encapsulated sensor assembly'' would be subject to the ITAR.

Revisions to ECCN 0A919

    ECCN 0A919 currently controls ``military commodities'' produced and 
located outside the United States that are not subject to the ITAR, and 
incorporate one or more cameras controlled under ECCNs 6A003.b.3, 
6A003.b.4.b, or 6A003.b.4.c. In addition, ECCN 0A919 controls such 
``military commodities'' if they incorporate more than a de minimis 
amount of U.S.-origin 600 series content or are the direct products of 
U.S.-origin 600 series technology or software.
    To control the reexport of such military commodities that 
incorporate a wider group of items on the CCL, this proposed rule would 
revise ECCN 0A919 to control military commodities produced outside the 
United States that are not subject to the ITAR, and have any of the 
following characteristics: (i) Incorporate one or more commodities 
classified under ECCNs 6A002, 6A003, or 6A990; (ii) incorporate one or 
more commodities controlled under ECCN 6A993.a as a result of meeting 
the criteria specified in Note 3.a to ECCN 6A003.b.4.b (i.e., having a 
maximum frame rate equal to or less than 9 Hz); (iii) incorporate more 
than a de minimis amount of U.S.-origin ``600 series'' controlled 
content; or (iv) are direct products of U.S.-origin ``600 series'' 
technology.

[[Page 25802]]

Establishment of ECCN 0E987

    This proposed rule would create a new ECCN for technology required 
for the ``development'' or ``production'' of commodities controlled by 
ECCN 0A987, if such commodities incorporate a focal plane array or 
image intensifier tube. ECCN 0E987 would be subject to a worldwide RS 
control and Anti-Terrorism (AT Column 1) control. In addition, items 
controlled by 0E987 would not be eligible for License Exception STA.

Revisions to ECCN 6A002

    ECCN 6A002 currently controls specified optical sensors or 
equipment and components therefor. The Department of State's proposed 
rule for Category XII, which is being published concurrently with this 
rule, enumerates certain optical sensors and components, such as image 
intensifier tubes and focal plane arrays, that are subject to the ITAR. 
Consequently, this proposed rule adds references to the ITAR in the 
Related Controls paragraph of ECCN 6A002, as well as references to ECCN 
0A919, Sec.  744.9, and other related ECCNs.
    ECCN 6A002 is currently subject to National Security (NS), Missile 
Technology (MT), Crime Control (CC), RS, Anti-Terrorism (AT), and 
United Nations (UN) reasons for control. To ensure interagency review 
of any proposed export or reexport of an ECCN 6A002 commodity, this 
proposed rule would revise this ECCN's RS control to require a license 
for all destinations, including Canada, for the entire entry. The 
proposed worldwide RS control eliminates the need to maintain the 
current RS column 1 control. Consequently, this proposed rule would 
revise the License Requirements section of ECCN 6A002 accordingly. 
Also, this rule proposes to add notes within the Items paragraph of the 
ECCN to further specify when items described in ECCN 6A002 (and on the 
Wassenaar Arrangement's Lists of Dual-Use Goods and Technologies) would 
be subject to the ITAR.

Revisions to ECCN 6A003

    ECCN 6A003 currently controls specified cameras, systems or 
equipment and components therefor. Under the Department of State's 
proposed rule, Category XII(c) more positively enumerates certain items 
that are also described by ECCN 6A003. Consequently, this proposed rule 
adds a reference to USML Category XII(c) in the Related Controls 
paragraph of ECCN 6A003. Also, this rule revises the Related Controls 
references to ECCN 0A919 and Sec.  744.9 to reflect the expansion of 
the applicability of those provisions to all of ECCN 6A003.

Revisions to ECCN 6A990

    Under the Department of State's proposed rule to revise USML 
Category XII, certain read-out integrated circuits would be controlled 
under XII(e). Read-out integrated circuits (ROICs) that are ``specially 
designed'' for focal plane arrays controlled under ECCN 6A002.a.3 would 
be classified under ECCN 6A990 and subject to the worldwide RS control 
described in Sec.  742.6(a)(8). In addition, these items would not be 
eligible for License Exception STA and would be subject to the 
limitations on the use of License Exception APR in Sec.  740.16(a)(2) 
and (b)(2). This rule also proposes to insert references to Category 
XII(e), ECCN 0A919, and Sec.  744.9 under the Related Controls 
paragraph. Also, this rule would allow for the use of License Exception 
LVS for this ECCN with a $500 value limit. This change would ensure 
that controls on ROICs subject to the EAR are not more restrictive than 
controls for ROICs proposed to be controlled in USML Category XII(e), 
which would be eligible for the exemption in Sec.  123.16(b)(2) of the 
ITAR.

Revisions to ECCN 6A993

    As previously mentioned, Sec.  744.9 is proposed to be revised to 
require a license for 9 Hz cameras if exported to a ``military end 
user'' or if incorporated into a ``military commodity.'' To remind 
readers of the applicability of Sec.  744.9 and ECCN 0A919 to 9 Hz 
cameras, this rule provides a reference to those provisions under the 
Related Controls paragraph of 6A993.

Revisions to ECCNs 6D002, 6D003, and 6D991, and Establishment of 6D994

    The Wassenaar Arrangement's Lists of Dual-Use Goods and 
Technologies impose limited controls on software related to commodities 
controlled under ECCNs 6A002 and 6A003. As a result, the CCL currently 
has the following multilateral and unilateral software controls related 
to such items: ECCN 6D002 (software ``specially designed'' for the 
``use'' of commodities controlled under ECCN 6A002.b), ECCN 6D003.c 
(software designed or modified for cameras incorporating ``focal plane 
arrays'' specified by ECCN 6A002.a.3.f and designed or modified to 
remove a frame rate restriction and allow the camera to exceed the 
frame rate specified in ECCN 6A003.b.4 Note 3.a), and ECCN 6D991 
(software specially designed for the ``use'' of commodities controlled 
under ECCN 6A002.a.1.d).
    To address concerns regarding the lack of comprehensive software 
controls related to commodities controlled under ECCNs 6A002 and 6A003, 
as well as read-out integrated circuits in 6A990, this proposed rule 
would consolidate existing, unilateral software controls and would 
expand them to revise ECCN 6D991 to also control software, not 
elsewhere specified, that is ``specially designed'' for the 
``development,'' ``production,'' or ``use'' of commodities controlled 
by ECCNs 6A002, 6A003, or 6A990. In addition, this proposed rule would 
create ECCN 6D994 to control software, not elsewhere specified, that is 
``specially designed'' for the maintenance, repair, or overhaul of 
commodities controlled by ECCNs 6A002, 6A003, or 6A990. Under this 
proposed rule, ECCNs 6D002 (for ECCN 6A002.b commodities only), 
6D003.c, 6D991 (for ECCNs 6A002, 6A003, or 6A990), and 6D994 would 
impose a worldwide RS control, which would be subject to the licensing 
policy described in Sec.  742.6(a)(8). Also, this proposed rule would 
remove eligibility to use License Exception TSR for the software 
described above in ECCNs 6D002 and 6D003.
    To prevent confusion over multiple ECCNs potentially controlling 
the same software, this proposed rule would add language to the Related 
Controls paragraphs of ECCNs 6D991 and 6D994 to confirm that software 
currently controlled under ECCNs 6D002 and 6D003.c would remain 
controlled under those provisions. To reflect this understanding, this 
proposed rule would also revise the Related Controls paragraphs of 
ECCNs 6D002 and 6D003 to provide references to ECCNs 6D991 and 6D994. 
Additionally, to ensure consistency of controls among ECCNs 6D002, 
6D003, 6D991, and 6D994, this proposed rule would establish a worldwide 
RS control for 6D002 software ``specially designed'' for the ``use'' of 
commodities controlled under 6A002.b and for 6D003.c software.

Revisions to ECCNs 6E001 and 6E002

    ECCNs 6E001 and 6E002 currently control ``development'' and 
``production'' technology, respectively, related to multiple ECCNs in 
Category 6, including items related to night vision in ECCNs 6A002 and 
6A003. Since this proposed rule would expand the level of control for 
commodities in ECCNs 6A002 and 6A003 by adding a worldwide RS control, 
this rule would also add a worldwide RS control for 6E001 technology 
related to commodities controlled under ECCNs 6A002 or 6A003. 
Similarly, this rule would add a worldwide RS control for

[[Page 25803]]

6E002 technology related to commodities controlled under ECCNs 6A002 or 
6A003. While this new RS control would remove the need to maintain an 
RS column 1 control for such technology, such level of control would 
remain for technology related to commodities controlled under ECCN 
6A008.j.1. License applications for ECCN 6E001 and 6E002 technology 
that are subject to the worldwide RS requirement would be subject to 
the licensing policy described in Sec.  742.6(b)(1)(iv). In addition, 
this proposed rule would remove eligibility for License Exception TSR 
for all 6E001 or 6E002 technology related to commodities controlled 
under 6A002 or 6A003, and this proposed rule would add guidance to the 
Related Controls paragraphs in ECCNs 6E001 and 6E002 to provide clarity 
on technology controls related to satellites and focal plane arrays.

Revisions to ECCN 6E990

    Since this rule proposes to revise the entry for read-out 
integrated circuits in ECCN 6A990, which would be subject to a 
worldwide RS control, this rule would also revise ECCN 6E990, which 
would apply to ``development'' and ``production'' technology for such 
read-out integrated circuits. To ensure consistency of control, this 
proposed rule would add a worldwide RS license requirement, as 
described in Sec.  742.6(a)(8), for such technology.

Establishment of ECCN 6E994

    Since not all technology moving from USML Category XII to the CCL 
would be controlled under ECCN 6E615 or 7E611, this proposed rule would 
create new ECCN 6E994 to control technology required for the repair, 
maintenance, or overhaul of commodities controlled under ECCNs 6A002, 
6A003, or 6A990. Such technology is not currently controlled under 
existing technology ECCNs in Category 6. Technology controlled under 
ECCN 6E994 would be subject to an RS control, which would impose a 
worldwide license requirement. License applications for 6E994 
technology would be reviewed on a case-by-case basis, as described in 
proposed Sec.  742.6(b)(1)(ii).

Detailed Description of Changes Proposed by This Rule--Establishment of 
``600 Series'' for Military Fire Control, Range Finder, and Optical 
Equipment Under New ECCNs 6A615, 6B615, 6D615, and 6E615

    This proposed rule would create new ECCN 6A615 to control fire 
control, range finder, and optical commodities that would be removed 
from the USML and would not be covered by an existing ECCN subject to 
controls for reasons other than Anti-Terrorism (AT) reasons. ECCN 
6A615.a through .c controls light detection and ranging (LIDAR), laser 
detection and ranging (LADAR), or laser range-gated systems or 
equipment having a resolution (i.e., ground point spacing) less 
(better) than 0.4 m from an altitude above ground level of 16,500 ft. 
or greater, and incorporating a gimbal-mounted transmitter or beam 
director; certain gimbals permanently configured to contain a camera 
payload operating exclusively in the visible spectrum (i.e., 400 nm to 
760 nm); and certain zinc selenide, zinc sulfide, germanium, or 
chalcogenide optics blanks. ECCN 6A615.d through .g is proposed to 
control weapon sights, weapon aiming systems or equipment, and weapon 
imaging systems (e.g., clip-ons) or equipment having a peak response 
wavelength exceeding 700 nm but not exceeding 1,000 nm and not 
controlled under USML Category XII or ECCN 0A987; targeting or target 
location systems or equipment incorporating or ``specially designed'' 
to incorporate a laser rangefinder controlled in USML Category 
XII(b)(3); mobile reconnaissance, scout, or surveillance systems or 
equipment providing real-time target location and not controlled in 
USML Category XII; and certain combat vehicle, tactical wheeled 
vehicle, naval vessel, or aircraft pilotage systems or equipment. ECCN 
6A615.h through .w are reserved. Paragraph .x is proposed to control 
``parts,'' ``components,'' ``accessories,'' and ``attachments'' that 
are ``specially designed'' for a commodity controlled by ECCN 6A615 
(except 6A615.y) or a defense article in Category XII and not 
controlled elsewhere on the USML or in ECCNs 6A615.y or 3A611.y. Items 
controlled under 6A615 (excluding 6A615.y) would be controlled for NS, 
RS, AT, and UN reasons. Paragraph .y controls specific ``parts,'' 
``components,'' ``accessories,'' and ``attachments'' ``specially 
designed'' for a commodity subject to control in ECCN 6A615 and not 
elsewhere specified on the USML or in the CCL, as well as ``parts,'' 
``components,'' ``accessories,'' and ``attachments'' ``specially 
designed'' therefor. No items are listed in 6A615.y under this proposed 
rule, but should any items be added, they would be subject to AT 
controls only.
    New ECCN 6B615 would control test, inspection, and production 
equipment and related commodities ``specially designed'' for the 
``development'' or ``production'' of commodities described in ECCN 
6A615 or military fire control, range finder, and optical equipment 
described in USML Category XII. Paragraph .a would impose controls on 
test, inspection, and production equipment ``specially designed'' for 
items controlled in ECCN 6A615 (excluding any items to be added to 
6A615.y) or USML Category XII that are not enumerated in USML Category 
XII or controlled by a ``600 series'' ECCN. Paragraph .b would control 
environmental test facilities ``specially designed'' for certification, 
qualification, or testing of commodities controlled in ECCN 6A615 
(except 6A615.y) or USML Category XII that are not enumerated in USML 
Category XII or a ``600 series'' ECCN. ECCN 6B615.c through .w would be 
reserved. Paragraph .x would control ``parts,'' ``components,'' 
``accessories,'' and ``attachments'' that are ``specially designed'' 
for such test, inspection and production end items and equipment that 
are not enumerated on the USML or controlled by another ``600 series'' 
ECCN. Items in ECCN 6B615 would be controlled for NS, RS, AT, and UN 
reasons.
    New ECCN 6D615 would control software ``specially designed'' for 
the ``development,'' ``production,'' operation, or maintenance of 
commodities controlled by 6A615 or 6B615. Such software would be 
controlled for NS, RS, AT, and UN reasons, with the exception of any 
software that would be added to 6D615.y, which would be controlled for 
AT reasons only.
    New ECCN 6E615 would control ``technology'' ``required'' for the 
``development,'' ``production,'' operation, installation, maintenance, 
repair, overhaul, or refurbishing of items controlled by 6A615, 6B615, 
or 6D615. Such technology would be controlled for NS, RS, AT, and UN 
reasons, with the exception of any technology that would be added to 
6E615.y, which would be controlled for AT reasons only.

Detailed Description of Changes Proposed by This Rule--Revisions to the 
CCL for Guidance and Control Equipment

Establishment of ``600 Series'' for Military Guidance and Control 
Equipment Under ECCNs 7A611, 7B611, 7D611, and 7E611

    This proposed rule would establish a ``600 series'' under ECCNs 
7A611, 7B611, 7D611, and 7E611 for military guidance and control 
equipment, software, and technology. Categories 6 and 7 of the CCL 
currently control certain guidance and control equipment

[[Page 25804]]

that correlate to guidance and control equipment currently in USML 
Category XII. In order to ease understanding and use of this ``600 
series,'' BIS is proposing to consolidate such controls under Category 
7 rather than both Categories 6 and 7. However, should readers look for 
military guidance and control equipment, such as gravity meters 
(gravimeters), under Category 6, this proposed rule would amend ECCN 
6A611 to refer readers to Category 7 for such items. ECCN 6A611 was 
added to the CCL by a previously published final rule entitled 
Revisions to the Export Administration Regulations (EAR): Control of 
Military Electronic Equipment and Other Items the President Determines 
No Longer Warrant Control Under the United States Munitions List 
(USML), 79 FR 37551 (July 1, 2014). Also, to assist readers in locating 
controls for navigation and avionics items ``specially designed'' for a 
military application, this proposed rule would move the current heading 
of ECCN 7A611 into the Related Controls paragraph of proposed ECCN 
7A611.
    Under this proposed ``600 series,'' ECCN 7A611 would control 
military guidance and control equipment that would be removed from USML 
Category XII and that are not covered by an existing ECCN subject to 
controls for reasons other than Anti-Terrorism (AT) reasons. Paragraph 
.a would control guidance, navigation, or control systems ``specially 
designed'' for a defense article enumerated on the USML or for a ``600 
series'' ECCN and meeting any of the parameters described in 7A611.a.1 
through a.5. Paragraph .b would control inertial measurement units, 
inertial reference units, or attitude and heading reference systems 
``specially designed'' for a defense article enumerated on the USML or 
for a ``600 series'' ECCN, and incorporating accelerometers controlled 
by 7A611.c.1 or certain gyros controlled by 7A611.d. Paragraph .c would 
control accelerometers ``specially designed'' for a defense article 
enumerated on the USML or for a ``600 series'' ECCN and meeting any of 
the parameters described in 7A611.c.1 through c.3. Paragraph .d would 
control gyros ``specially designed'' for a defense article enumerated 
on the USML or for a ``600 series'' ECCN and meeting any of the 
parameters described in 7A611.d.1 through d.3. Paragraph .e would 
control gravity meters (gravimeters) ``specially designed'' for a 
defense article enumerated on the USML or for a ``600 series'' ECCN, 
and having automatic motion compensation and an accuracy of less 
(better) than 2 mGal and greater (worse) than 1 mGal. Paragraphs .f 
through .w would be reserved. Paragraph .x would control ``parts,'' 
``components,'' ``accessories,'' and ``attachments'' that are 
``specially designed'' for a commodity controlled by ECCN 7A611 (except 
7A611.y) or a guidance and control defense article in USML Category XII 
and not controlled elsewhere on the USML or in 7A611.y or 3A611.y. All 
items controlled under 7A611 (excluding 7A611.y) would be controlled 
for NS, RS, AT, and UN reasons, while some of such items would also be 
controlled for MT reasons. Paragraph .y would control specific 
``parts,'' ``components,'' ``accessories,'' and ``attachments'' 
``specially designed'' for a commodity subject to control in ECCN 
7A611, or a guidance and control defense article in USML Category XII 
and not elsewhere specified on the USML or in the CCL, and ``parts,'' 
``components,'' ``accessories,'' and ``attachments'' ``specially 
designed'' therefor. No items would be listed in 7A611.y under this 
proposed rule, but should any items be added, they would be subject to 
AT controls only.
    New ECCN 7B611 would impose controls on test, inspection, and 
production equipment and related commodities ``specially designed'' for 
military guidance and control equipment. Paragraph .a would control 
such equipment ``specially designed'' for the ``production,'' 
``development,'' repair, overhaul, or refurbishing of items controlled 
in ECCN 7A611 or guidance and control items in USML Category XII that 
are not enumerated in USML Category XII or controlled by a ``600 
series'' ECCN. Paragraph .b would control environmental test facilities 
``specially designed'' for certification, qualification, or testing of 
commodities controlled in ECCN 7A611 (except 7A611.y) or guidance and 
control commodities in USML Category XII that are not enumerated in 
USML Category XII or a ``600 series'' ECCN. Paragraphs .c through .w 
are reserved. Paragraph .x would control parts, components, 
accessories, and attachments that are ``specially designed'' for such 
test, inspection and production equipment that are not enumerated on 
the USML or controlled by another ``600 series'' ECCN. Items in ECCN 
7B611 would be controlled for NS, RS, AT, and UN reasons, with some 
items also being controlled for MT reasons.
    New ECCN 7D611 would control software ``specially designed'' for 
the ``development,'' ``production,'' operation, or maintenance of 
commodities controlled by 7A611 or equipment controlled by 7B611. Such 
software would be controlled for NS, RS, AT, and UN reasons, with some 
software also being controlled for MT reasons. Any software added to 
7D611.y would be controlled for AT reasons only. ``Development'' and 
``production'' software described in 7D611.a would not be eligible for 
License Exception STA.
    New ECCN 7E611 would control technology ``required'' for the 
``development,'' ``production,'' operation, installation, maintenance, 
repair, overhaul, or refurbishing of items controlled by 7A611, 7B611, 
or 7D611. Such technology would be controlled for NS, RS, AT, and UN 
reasons, with some technology also being controlled for MT reasons. Any 
technology added to 7E611.y would be controlled for AT reasons only. 
``Development'' and ``production'' technology described in 7E611.a 
would not be eligible for License Exception STA.

Revisions to ECCNs 6A007 and 6A107

    ECCNs 6A007 and 6A107 currently control certain gravity meters 
(gravimeters) and gravity gradiometers. Under the State Department's 
proposed rule, gravity meters and gravity gradiometers subject to the 
ITAR would be controlled under USML Category XII(d)(4) and (d)(5), 
respectively. Consequently, this proposed rule would add references to 
the Related Controls paragraphs of ECCNs 6A007 and 6A107 to refer 
readers to Category XII(d)(4) and (d)(5), as well as to gravity meters 
controlled under proposed ECCN 7A611.

Revisions to ECCNs 7A001 and 7A101

    ECCN 7A001 currently controls linear accelerometers in ECCN 7A001.a 
and angular or rotational accelerometers in ECCN 7A001.b that meet the 
parameters identified in those provisions. These parameters serve as 
the threshold for control under the Wassenaar Arrangement List of Dual-
Use Goods and Technologies. Under the State Department's proposed rule, 
proposed Category XII(d)(2) identifies those parameters for 
accelerometers that would be subject to the ITAR. This proposed rule 
would add language to the Related Controls paragraph of ECCN 7A001 to 
refer readers to Category XII(d)(2) to help ensure jurisdictional 
clarity. Additionally, this rule proposes to add a reference to ECCN 
7A611 for accelerometers controlled under the new 600 series.
    ECCN 7A101 controls accelerometers other than those controlled 
under ECCN 7A001. As with the amendment to ECCN 7A001, this proposed 
rule would also add language to the Related

[[Page 25805]]

Controls section of ECCN 7A101 to refer readers to the State 
Department's Category XII(d)(2) for accelerometers subject to the ITAR 
and to ECCN 7A611 for accelerometers controlled under the new 600 
series.

Revisions to ECCNs 7A002 and 7A102

    ECCN 7A002 controls gyros or angular rate sensors that meet the 
specifications set forth in the Wassenaar Arrangement List of Dual-Use 
Goods and Technologies. Under the State Department's proposed rule, 
proposed Category XII(d)(3) identifies those gyros that would be 
subject to the ITAR and distinguishes them from gyros subject to the 
EAR that meet the parameters established by the Wassenaar Arrangement. 
As such, this proposed rule would amend the Related Controls paragraph 
of ECCN 7A002 to add a reference to gyros controlled under proposed 
Category XII(d)(3). For gyros and angular rate sensors proposed to be 
moved from Category XII to the new 600 series, this rule proposes to 
add a reference to ECCN 7A611.
    ECCN 7A102 controls gyros, other than those controlled under ECCN 
7A002. As with the amendment to ECCN 7A002, this proposed rule would 
also add language to the Related Controls section of ECCN 7A102 to 
refer readers to the State Department's Category XII(d)(3) for gyros 
subject to the ITAR and to ECCN 7A611 for gyros controlled under the 
new ``600 series.'' This rule would also add references to ECCNs 7A002 
and 7A994.

Revisions to ECCN 7A003

    ECCN 7A003 controls inertial measurement equipment or systems that 
meet the parameters set forth in the Wassenaar Arrangement List of 
Dual-Use Goods and Technologies. Largely using many of the parameters 
identified by Wassenaar, proposed Category XII(d)(1) sets the threshold 
for guidance or navigation systems to be subject to the ITAR. As a 
result, this proposed rule would amend the Related Controls paragraph 
of ECCN 7A003 to refer readers to Category XII(d)(1) for such systems. 
In addition, this rule proposes to add a reference to ECCN 7A611 for 
inertial measurement units, inertial reference units, or heading 
reference systems controlled under the new ``600 series.''

Detailed Description of Changes Proposed by This Rule--Revisions to 
Other ECCNs

Revisions to ECCN 0A987

    ECCN 0A987 currently controls specified optical sighting devices, 
and this proposed rule revises ECCN 0A987.f to specify that the entry 
controls laser aiming devices or laser illuminators designed for use on 
firearms, and having an operational wavelength exceeding 400 nm but not 
exceeding 710 nm with an output power less than or equal to 5 mW. A 
proposed note to ECCN 0A987.f would further specify that the entry does 
not control laser boresighting devices that must be placed in the bore 
or chamber to provide a reference for aligning the firearms sights. 
This proposed rule would also provide jurisdictional guidance in the 
Related Controls paragraph to more clearly delineate jurisdiction 
between USML Category XII and ECCN 0A987.

Revisions to ECCN 2A984

    ECCN 2A984 currently controls concealed object detection equipment 
that operates in the frequency range from 30 GHz to 3000 GHz and has a 
spatial resolution of 0.5 milliradians up to and including 1 
milliradian at a standoff distance of 100 meters. Under the Department 
of State's proposed revisions to USML Category XII, terahertz imaging 
equipment or systems having a peak response in the same frequency range 
but having a better resolution (i.e., resolution less than 0.5 
milliradians at a standoff range of 100 meters) would be controlled 
under XII(c)(17). Consequently, this proposed rule would add a 
reference to Category XII(c)(17) of the Related Controls paragraph of 
ECCN 2A984.
    No items would move from the USML to ECCN 2A984 as a result of this 
proposed amendment. Rather, this proposed amendment helps establish a 
bright line to determine export control jurisdiction for these items.

Revisions to ECCN 6A004

    ECCN 6A004 currently controls optical equipment and components, 
including gimbals meeting a number of parameters, including slew, 
bandwidth, angular pointing error, diameter, and angular acceleration. 
The Department of State proposes to control gimbals under Category 
XII(c) based on number of axes of active stabilization, minimum root-
mean-square stabilization, and in some instances whether they are 
``specially designed'' for items controlled under Category XII. Since 
the control parameters between ECCN 6A004 and Category XII(c) vary, 
this proposed rule would classify gimbals moving from the USML to the 
CCL under the 600 series ECCN 6A615. In addition, the proposed use of 
ECCN 6A615 over ECCN 6A004 reflects the concern that the gimbals should 
be controlled for RS column 1 reasons rather than national security 
(NS) column 2 reasons. To aid in properly determining jurisdiction and 
classification of gimbals, this proposed rule would amend the Related 
Controls paragraph of ECCN 6A004 to reference gimbals controlled under 
Category XII(c), gimbals controlled under new ECCN 6A615, and certain 
``space qualified'' components subject to the ITAR.

Revisions to ECCN 6A005

    ECCN 6A005 currently controls specified lasers, components and 
optical equipment. The Department of State's proposed rule for Category 
XII would establish controls for lasers under XII(b)(9) through (b)(13) 
that largely follow the control parameters established by the Wassenaar 
Arrangement List of Dual-Use Goods and Technologies. Essentially, the 
current Wassenaar controls establish a baseline of controls with no 
upper limit to designate those lasers that are inherently military. 
Therefore, the State Department's proposed rule amending Category XII 
would establish the upper threshold parameters for lasers subject to 
the ITAR. To reflect these parameters, this proposed rule would amend 
ECCN 6A005 to provide corresponding references under the applicable 
Items subparagraph. For example, this proposed rule would add a note to 
tunable lasers having an output wavelength exceeding 1,400 nm 
controlled under ECCN 6A005.c.3.b to refer readers to tunable 
semiconductor lasers in the same wavelength parameter that are 
controlled under USML Category XII(b)(10). This proposed rule would add 
similar reference notes to ECCNs 6A005.d.1.a.2, d.1.b.3, d.1.d.1.d, 
d.1.d.2.d, and d.1.d.3.b.
    This proposed rule also proposes to revise the Related Controls 
paragraph of ECCN 6A005 to provide general references to lasers 
controlled under USML Category XII based on the parameters established 
by Wassenaar. Additionally, this proposed rule would add references in 
the Related Controls paragraph to XII(b)(9) for certain lasers for 
electronic combat systems controlled in Category XI, XII(b)(14) for 
developmental laser and laser systems funded by the Department of 
Defense, and XVIII for certain laser-based directed energy weapon 
items.

Revisions to ECCN 6A008

    ECCN 6A008 currently controls radar systems, equipment, and 
assemblies, including certain laser detection and ranging (LADAR) and 
light detection and ranging (LIDAR) equipment under ECCN 6A008.j. The 
Department of

[[Page 25806]]

State's proposed rule would control certain LIDAR, LADAR, and range-
gated systems and equipment described in USML Category XII(b). 
Consequently, this proposed rule would amend the Related Controls 
paragraph of ECCN 6A008 to add references to those provisions of 
Category XII. In addition, LIDAR, LADAR, and range-gated systems or 
equipment having a resolution less (better) than 0.4 m from an altitude 
above ground level of 16,500 feet or greater, and incorporating a 
gimbal-mounted transmitter or beam director, would be moved from the 
USML to ECCN 6A615. This proposed rule would move these items to ECCN 
6A615 rather than ECCN 6A005 due to differences in control parameters 
between ECCNs 6A008 and 6A615. Accordingly, this proposed rule would 
also add a reference to ECCN 6A615 in the Related Controls section of 
ECCN 6A008.

Revisions to ECCN 7A005

    ECCN 7A005 currently controls specified Global Navigation Satellite 
Systems (GNSS) receiving equipment. No GNSS receiving equipment, 
including Global Position Satellite equipment, is proposed to move from 
the USML to the CCL as a result of the review of Category XII of the 
ITAR. However, this proposed rule proposes to amend the Related 
Controls section of ECCN 7A005 to use ``GNSS'' in place of ``GPS'' and 
to provide a reference to Categories XI and XII, which are the USML 
locations of such receivers.

Revisions to ECCN 8A002

    To reflect the expansion of the scope of Sec.  744.9 to apply to 
8A002.d.1.c and .d.2 items, this proposed rule would add an additional 
sentence regarding Sec.  744.9 to the Related Controls paragraph of 
8A002.

Effects of This Proposed Rule

De Minimis

    The April 16 (initial implementation) rule imposed certain unique 
de minimis requirements on items controlled under the new ``600 
series'' ECCNs. Section 734.3 of the EAR provides, inter alia, that 
under certain conditions, items made outside the United States that 
incorporate items subject to the EAR are not subject to the EAR if they 
do not exceed a de minimis percentage of controlled U.S.-origin 
content. Under the April 16 (initial implementation) rule, there is no 
de minimis eligibility for ``600 series'' items destined for countries 
subject to a U.S. arms embargo, but there is a 25% de minimis 
percentage for ``600 series'' items destined for all countries not 
subject to U.S. arms embargoes. The fire control, range finder, 
optical, and guidance and control items that would be subject to the 
EAR as a result of this proposed rule would become eligible for de 
minimis treatment, so long as they are not subject to the proposed 
restrictions described in Sec.  734.4(a)(5) for incorporation into 
foreign military commodities and are not destined for a country subject 
to a U.S. arms embargo.

Use of License Exceptions

    Unless subject to the restrictions on the use of STA in Sec.  
740.20(b)(2), many of the fire control, range finder, optical, and 
guidance and control items described in this proposed rule would become 
eligible for several license exceptions, including STA, which would be 
available for exports to certain government agencies of NATO and other 
multi-regime allies. The exchange of information and statements 
required under STA is substantially less burdensome than the license 
application requirements currently required under the ITAR, as 
discussed in more detail in the ``Regulatory Requirements'' section of 
this proposed rule. Some items covered by this rule also would be 
eligible for the following license exceptions: LVS (limited value 
shipments), up to $1500, and RPL (servicing and parts replacement).

Alignment With the Wassenaar Arrangement Munitions List.

    The Administration has stated since the beginning of the Export 
Control Reform Initiative that the reforms will be consistent with U.S. 
obligations to the multilateral export control regimes. Accordingly, 
the Administration will, in this proposed rule, exercise its national 
discretion to implement, clarify, and, to the extent feasible, align 
its controls with those of the regimes. USML Category XII encompasses 
multiple WAML categories, including ML 5 (e.g., fire control and range-
finding systems), ML 11 (e.g., ``guidance and navigation equipment''), 
and ML 15 (e.g., imaging equipment). This proposed rule uses two of 
these categories--ML 15 (``[i]maging or countermeasure equipment . . . 
specially designed for military use, and specially designed components 
and accessories therefor'') and ML 11 (``electronic equipment specially 
designed for military use,'' including ``guidance and navigation 
equipment'')--to add items moving from USML Category XII to the new 600 
series ECCNs ending in ``15'' and ``11.''

Request for Comments

    BIS seeks comments on this proposed rule. BIS will consider all 
comments received on or before July 6, 2015. All comments must be in 
writing and submitted via one or more of the methods listed under the 
ADDRESSES caption to this notice. All comments (including any personal 
identifiable information or information for which a claim of 
confidentially is asserted either in those comments or their 
transmittal emails) will be available for public inspection and 
copying. Parties who wish to comment anonymously may do so by 
submitting their comments via www.regulations.gov, leaving the fields 
for information that would identify the commenter blank, and including 
no identifying information in the comment itself.

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., p. 783 (2002), as 
amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 
13, 2013), and as extended by the Notice of August 7, 2014, 79 FR 46959 
(August 11, 2014) has continued the EAR in effect under the 
International Emergency Economic Powers Act. BIS continues to carry out 
the provisions of the Export Administration Act, as appropriate and to 
the extent permitted by law, pursuant to Executive Order 13222 as 
amended by Executive Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated a ``significant regulatory 
action,'' although not economically significant, under section 3(f) of 
Executive Order 12866. Accordingly, the rule has been reviewed by the 
Office of Management and Budget (OMB).
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor is subject to a penalty for failure to 
comply with, a collection of information, subject to the

[[Page 25807]]

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 OMB control number. This proposed rule would affect two approved 
collections: Simplified Network Application Processing + System 
(control number 0694-0088), which includes, among other things, license 
applications, and License Exceptions and Exclusions (0694-0137).
    As stated in the proposed rule published on July 15, 2011 (76 FR 
41958) (``July 15 proposed rule''), BIS initially believed that the 
combined effect of all rules to be published adding items to the EAR 
that will be removed from the ITAR as part of the administration's 
Export Control Reform Initiative will increase the number of license 
applications to be submitted by approximately 16,000 annually. As the 
review of the USML has progressed, the interagency group has gained 
more specific information about the number of items that will come 
under BIS jurisdiction and whether those items would be eligible for 
export under license exception. As of June 21, 2012, BIS revised that 
estimate to an increase in license applications of 30,000 annually, 
resulting in an increase in burden hours of 8,500 (30,000 transactions 
at 17 minutes each) under control number 0694-0088. BIS continues to 
believe that its revised estimate is accurate.
    Some items formerly on the USML would become eligible for License 
Exception STA under this rule. As stated in the July 15 proposed rule, 
BIS believes that the increased use of License Exception STA resulting 
from the combined effect of all rules to be published adding items to 
the EAR that would be removed from the ITAR as part of the 
Administration's Export Control Reform Initiative would increase the 
burden associated with control number 0694-0137 by about 23,858 hours 
(20,450 transactions at 1 hour and 10 minutes each).
    BIS expects that this increase in burden would be more than offset 
by a reduction in burden hours associated with approved collections 
related to the ITAR. This proposed rule addresses controls on fire 
control, range finder, optical, and guidance and control items. With 
few exceptions, most exports of such items, even when destined to NATO 
member states and other close allies, require State Department 
authorization. In addition, the exports of technology necessary to 
produce such items in the inventories of the United States and its NATO 
and other close allies require State Department authorizations. Under 
the EAR, as proposed, such technology would become eligible for export 
to NATO member states and other close allies under License Exception 
STA unless otherwise specifically excluded. Use of License Exception 
STA imposes a paperwork and compliance burden because, for example, 
exporters must furnish information about the item being exported to the 
consignee and obtain from the consignee an acknowledgement and 
commitment to comply with the EAR. However, the Administration believes 
that complying with the requirements of STA is likely less burdensome 
than applying for licenses. For example, under License Exception STA, a 
single consignee statement can apply to an unlimited number of 
products, need not have an expiration date, and need not be submitted 
to the government in advance for approval. Suppliers with regular 
customers can tailor a single statement and assurance to match their 
business relationship rather than applying repeatedly for licenses with 
every purchase order to supply reliable customers in countries that are 
close allies or members of export control regimes or both.
    This proposed rule would also require licenses for Canada for the 
following ECCNs that do not currently require a license for that 
destination: 6A002, 6A990, 6D002 (for 6A002.b items), 6D003.c, 6E001 
(for 6A002 or 6A003 items), 6E002 (for 6A002 or 6A003 items), and 
6E990. Further, this proposed rule would implement a worldwide license 
requirement for the following ECCNs that are currently controlled for 
anti-terrorism reasons or for new ECCNs that would control items 
currently designated as EAR99: 0E987; 6D991 (for 6A002, 6A003, or 
6A990); and 6E994. In addition, the items described in this paragraph 
would be ineligible for License Exception STA under this proposed rule. 
BIS anticipates that these proposed changes would increase the number 
of license applications submitted and the number of Sec.  743.3 reports 
submitted under control number 0694-0137. However, these proposed 
changes would also apply to items moving from Category XII of the USML 
to the CCL, and the burden likely will be reduced for such items when 
comparing license requirements of the ITAR to those of the EAR. In 
particular, license applications for exports of technology transferred 
from the USML to the CCL are likely to be less complex and burdensome 
than the authorizations required to export ITAR-controlled technology, 
i.e., Manufacturing License Agreements and Technical Assistance 
Agreements.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 13132.
    4. The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 
601 et seq., generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to the notice and comment 
rulemaking requirements under the Administrative Procedure Act (5 
U.S.C. 553) or any other statute, unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Under section 605(b) of the RFA, however, if 
the head of an agency (or his or her designee) certifies that a rule 
will not have a significant impact on a substantial number of small 
entities, the statute does not require the agency to prepare a 
regulatory flexibility analysis. Pursuant to section 605(b), the Chief 
Counsel for Regulation, Department of Commerce, submitted a memorandum 
to the Chief Counsel for Advocacy, Small Business Administration, 
certifying that the November 28 (military electronics) rule would not 
have a significant impact on a substantial number of small entities. 
The rationale for that certification was set forth in the preamble to 
that proposed rule (77 FR 70945, 70950-70951, November 28, 2012). 
Although BIS received no comments on that rationale, and has 
accordingly made no changes to the proposed rule based on the RFA 
certification, BIS has determined that, in the interest of openness and 
transparency, it will briefly restate the rationale behind the 
certification here.
    This proposed rule is part of the Administration's Export Control 
Reform Initiative, which seeks to revise the USML to a positive list--
one that does not use generic, catch-all controls for items listed--and 
to move some items that the President has determined no longer merit 
control under the ITAR to control under the CCL.
    Although BIS does not collect data on the size of entities that 
apply for and are issued export licenses, and is therefore unable to 
estimate the exact number of small entities--as defined by the Small 
Business Administration's regulations implementing the RFA--BIS 
acknowledges that some small entities may be affected by this proposed 
rule.
    The main effects on small entities resulting from this rule will be 
in application times, costs, and delays in receiving licenses to export 
goods subject to the CCL. However, while

[[Page 25808]]

small entities may experience some costs and time delays for exports 
due to the license requirements of the CCL, these costs and delays will 
likely be significantly less than they were for items previously 
subject to the USML. BIS believes that in fact this rule will result in 
significantly reduced administrative costs and delays for exports of 
items that will, upon this rule's implementation, be subject to the EAR 
rather than the ITAR. Currently, USML applicants must pay to use the 
USML licensing procedure even if they never actually are authorized to 
export. Registration fees for manufacturers and exporters of articles 
on the USML start at $2,250 per year, increase to $2,750 for 
organizations applying for one to ten licenses per year and further 
increases to $2,750 plus $250 per license application (subject to a 
maximum of three percent of total application value) for those who need 
to apply for more than ten licenses per year. By contrast, BIS is 
statutorily prohibited from imposing licensing fees. In addition, 
exporters and reexporters of goods that would become subject to the EAR 
under this rule would need fewer licenses because their transactions 
would become eligible for license exceptions that were not available 
under the ITAR. Additionally, the ITAR controls parts and components 
even when they are incorporated--in any amount--into a foreign-made 
product. That limitation on the use of U.S.-made goods subject to the 
ITAR discouraged foreign manufacturers from importing U.S. goods. 
However, the EAR has a de minimis exception for U.S.-manufactured goods 
that are incorporated into foreign-made products. This exception may 
benefit small entities by encouraging foreign producers to use more 
U.S.-made items in their goods.
    Even where an exporter or reexporter would need to obtain a license 
under the EAR, that process is both cheaper and the process is more 
flexible than obtaining a license under the ITAR. For example, unlike 
the ITAR, the EAR does not require license applicants to provide BIS 
with a purchase order with the application, meaning that small (or any) 
entities can enter into negotiations or contracts for the sale of goods 
without having to caveat any sale presentations with a reference to the 
need to obtain a license under the ITAR before shipment can occur. 
Second, the EAR allows license applicants to obtain licenses to cover 
all expected exports or reexports to a particular consignee over the 
life of a license, rather than having to obtain a new license for every 
transaction.
    In short, BIS expects that the changes to the EAR proposed in this 
rule will have a positive effect on all affected entities, including 
small entities. While BIS acknowledges that this rule may have some 
cost impacts to small (and other) entities, those costs are more than 
offset by the benefits to the entities from the licensing procedures 
under the EAR, which are much less costly and less time consuming than 
the procedures under the ITAR. Accordingly, the Chief Counsel for 
Regulation for the Department of Commerce has certified that this rule, 
if implemented, will not have a significant economic impact on a 
substantial number of small entities. Accordingly, an initial 
regulatory flexibility analysis is not required, and none has been 
prepared.

List of Subjects

15 CFR Part 734

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

15 CFR Part 740

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

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, the Export Administration 
Regulations (15 CFR parts 730-774) are proposed to be amended as 
follows:

PART 734--[AMENDED]

0
1. The authority citation for 15 CFR part 734 continues 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; E.O. 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013); 
Notice of August 7, 2014, 79 FR 46959 (August 11, 2014); Notice of 
November 7, 2014, 79 FR 67035 (November 12, 2014).

0
2. Section 734.4 is amended by revising paragraph (a)(5) to read as 
follows:


Sec.  734.4  De minimis U.S. content.

    (a) * * *
    (5) There is no de minimis level for foreign made military 
commodities described in ECCN 0A919.a.1.
* * * * *

PART 740--[AMENDED]

0
3. The authority citation for 15 CFR part 740 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 7201 et seq.; 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 7, 2014, 79 FR 46959 (August 11, 2014).

0
4. Section 740.2 is amended by revising paragraph (a)(7) as follows:


Sec.  740.2  Restrictions on all license exceptions.

    (a) * * *
    (7) Technology for ``production'' of commodities defined in ECCNs 
6A002.a.2, 6A002.a.3, or 6A990 that is controlled under ECCNs 6E002 or 
6E990.
* * * * *
0
5. Section 740.16 is amended by revising paragraphs (a)(2), (b)(2), and 
(b)(3) to read as follows:


Sec.  740.16  Additional permissive reexports (APR).

    (a) * * *
    (2) The commodities being reexported are not controlled for NP, CB, 
MT, SI or CC reasons and are not military commodities described in ECCN 
0A919; commodities described in 3A001.b.2 or b.3 (except those that are 
being reexported for use in civil telecommunications applications); or 
commodities described in ECCNs 6A002, 6A003, or 6A990; and
* * * * *
    (b) * * *
    (2) Except as provided in paragraph (b)(3) of this section, 
``military commodities'' described in ECCN 0A919 and commodities 
described in ECCNs 6A002, 6A003, or 6A990 or commodities described in 
ECCN 0A987 incorporating an image intensifier tube, may not be 
reexported under this paragraph (b).
    (3) Cameras described in ECCNs 6A003 may be exported or reexported 
to and among countries in Albania, Australia, Austria, Belgium, 
Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, 
Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, 
Japan, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, New 
Zealand, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, South 
Africa, South Korea,

[[Page 25809]]

Spain, Sweden, Switzerland, Turkey, and the United Kingdom if:
    (i) Such cameras are fully packaged for use as consumer ready civil 
products; or,
    (ii) Such cameras with not more than 111,000 elements are to be 
embedded in civil products.
0
6. Section 740.20 is amended by revising paragraphs (b)(2)(ii) and 
(b)(2)(x), to read as follows:


Sec.  740.20  License Exception Strategic Trade Authorization (STA).

* * * * *
    (b) * * *
    (2) * * *
    (ii) License Exception STA may not be used for any item controlled 
under ECCNs 0A981, 0A982, 0A983, 0A985, 0E982, or 0E987.
* * * * *
    (x) License Exception STA may not be used for items controlled by 
ECCNs 6A002; 6A990; 6D002 (software specially designed for the ``use'' 
of commodities controlled under 6A002.b); 6D003.c; 6D991 (software 
``specially designed'' for the ``development,'' ``production,'' or 
``use'' of commodities controlled under 6A002, 6A003, or 6A990); 6D994; 
6E001 (``technology'' for the ``development'' of commodities controlled 
under ECCNs 6A002 or 6A003); 6E002 ``technology'' (for the 
``production'' of commodities controlled under ECCNs 6A002 or 6A003); 
6E990; or 6E994.
* * * * *

PART 742--[AMENDED]

0
7. The authority citation for 15 CFR part 742 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
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 7, 2014, 79 FR 46959 (August 11, 2014); Notice of 
November 7, 2014, 79 FR 67035 (November 12, 2014).

0
8. Section Sec.  742.6 is amended by:
0
a. Adding paragraph (a)(8); and
0
b. Revising paragraph (b)(1), to read as follows:


Sec.  742.6  Regional stability.

    (a) * * *
    (8) Special worldwide RS license requirement for specified items 
controlled in Category 0 or 6. A license is required to export or 
reexport the following items to all destinations, including Canada:
    (i) ``Technology'' controlled under ECCN 0E987;
    (ii) All commodities controlled under ECCNs 6A002;
    (iii) All commodities controlled under ECCN 6A990;
    (iv) ``Software'' controlled under ECCN 6D002 for the ``use'' of 
commodities controlled under 6A002.b;
    (v) ``Software'' controlled under ECCN 6D003.c;
    (vi) ``Software'' controlled under ECCN 6D991 for the 
``development,'' ``production,'' or ``use'' of commodities controlled 
under ECCNs 6A002, 6A003, or 6A990;
    (vii) ``Software'' controlled under ECCN 6D994;
    (viii) ``Technology'' controlled under ECCN 6E001 for the 
``development'' of commodities controlled under 6A002 or 6A003;
    (ix) ``Technology'' controlled under ECCN 6E002 for the 
``production'' of commodities controlled under 6A002 or 6A003;
    (x) ``Technology'' controlled under 6E990; and
    (xi) ``Technology'' controlled under ECCN 6E994.
    (b) Licensing policy.--(1) Licensing policy for RS Column 1 items 
or items subject to worldwide RS control.
    (i) Applications for exports and reexports of 9x515 and ``600 
series'' items will be reviewed on a case-by-case basis to determine 
whether the transaction is contrary to the national security or foreign 
policy interests of the United States, including the foreign policy 
interest of promoting the observance of human rights throughout the 
world. Applications for export or reexport of items classified under 
any 9x515 or ``600 series'' ECCN requiring a license in accordance with 
paragraph (a)(1) of this section will also be reviewed consistent with 
United States arms embargo policies in Sec.  126.1 of the ITAR if 
destined to a country set forth in Country Group D:5 in Supplement No. 
1 to part 740 of the EAR. Applications for export or reexport of 
``parts,'' ``components,'' ``accessories,'' ``attachments,'' 
``software,'' or ``technology'' ``specially designed'' or otherwise 
required for the F-14 aircraft will generally be denied. When destined 
to the People's Republic of China or a country listed in Country Group 
E:1 in Supplement No. 1 to Part 740 of the EAR, items classified under 
any 9x515 ECCN will be subject to a policy of denial.
    (ii) Applications for exports and reexports described in paragraphs 
(a)(1), (a)(2), (a)(6), (a)(7), (a)(8)(ii), (a)(8)(iii), (a)(8)(vii), 
and (a)(8)(xi) of this section will be reviewed on a case-by-case basis 
to determine whether the export or reexport could contribute directly 
or indirectly to any country's military capabilities in a manner that 
would alter or destabilize a region's military balance contrary to the 
foreign policy interests of the United States.
    (iii) The following applications will be reviewed applying the 
policies for similar items that are subject to the International 
Traffic in Arms Regulations (22 CFR parts 120-130):
    (A) Reexports of items described in paragraph (a)(3) of this 
section;
    (B) Exports or reexports of items described in paragraph (a)(8) of 
this section to military end users described in Sec.  744.9(d); and
    (C) Exports or reexports of commodities described in paragraphs 
(a)(8)(ii) and (a)(8)(iii) of this section or in ECCN 6A003.b for 
incorporation into a ``military commodity'' controlled by ECCN 0A919.
    (iv) Applications for exports or reexports of software or 
technology described in paragraphs (a)(8)(i), (a)(8)(iv), (a)(8)(v), 
(a)(8)(vi), (a)(8)(viii), and (a)(8)(x) will be reviewed with a 
presumption of denial. There is also a presumption of denial for 
technology described in paragraph (a)(8)(ix), unless it is ``build-to-
print technology'' that is required for integration, mounting, 
inspection, testing, or quality assurance (e.g., necessary to meet 
International Standards Organization (ISO) certification), which will 
be reviewed on a case-by-case basis.
* * * * *

PART 744--[AMENDED]

0
9. The authority citation for 15 CFR part 744 continues 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 7, 2014, 79 FR 46959 
(August 11, 2014); Notice of September 17, 2014, 79 FR 56475 
(September 19, 2014); Notice of November 7, 2014, 79 FR 67035 
(November 12, 2014); Notice of January 21, 2015, 80 FR 3461 (January 
22, 2015).

0
10. Section 744.9 is amended by revising the heading and paragraphs (a) 
and (b) to read as follows:

[[Page 25810]]

Sec.  744.9  Restrictions on certain exports and reexports of certain 
cameras, systems, or equipment.

    (a) General prohibitions. In addition to the applicable license 
requirements for national security, regional stability, anti-terrorism 
and United Nations embargo reasons in Sec. Sec.  742.4, 742.6, 742.8, 
746.3, and 746.8 of the EAR, a license is required to export, reexport, 
or transfer (in-country) to any destination commodities described in 
ECCNs 0A987 (incorporating commodities controlled by ECCNs 6A002 or 
6A003, or commodities controlled by 6A993.a that meet the criterion of 
Note 3.a to 6A003.b.4), 6A002, 6A003, 6A990, or 6A993.a (having a 
maximum frame rate equal to or less than 9 Hz and thus meeting the 
criteria of Note 3.a to 6A003.b.4), 8A002.d.1.c, or 8A002.d.2 if at the 
time of export, reexport, or transfer, the exporter, reexporter, or 
transferor knows or is informed, or is unable to determine whether the 
item will be or is intended to be:
    (1) Used by a ``military end-user,'' as defined in paragraph (d) of 
this section; or
    (2) Incorporated into a ``military commodity'' controlled by ECCN 
0A919.
    (b) Additional prohibition on exporters or reexporters informed by 
BIS. BIS may inform an exporter, reexporter, or transferor, either 
individually by specific notice or through amendment to the EAR, that a 
license is required for the export, reexport, or transfer of 
commodities described in ECCNs 0A987 (incorporating commodities 
controlled by ECCNs 6A002 or 6A003, or commodities controlled by 
6A993.a that meet the criterion of Note 3.a to 6A003.b.4), 6A002, 
6A003, 6A990, or 6A993.a (having a maximum frame rate equal to or less 
than 9 Hz and thus meeting the criteria of Note 3.a to 6A003.b.4), 
8A002.d.1.c, or 8A002.d.2 to specified end users, because BIS has 
determined that there is an unacceptable risk of diversion to the users 
or unauthorized incorporation into the ``military commodities'' 
described in paragraph (a) of this section. Specific notice is to be 
given only by, or at the direction of, the Deputy Assistant Secretary 
for Export Administration. When such notice is provided orally, it will 
be followed by a written notice within two working days signed by the 
Deputy Assistant Secretary for Export Administration.
* * * * *

PART 772--[AMENDED]

0
11. The authority citation for part 772 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
7, 2014, 79 FR 46959 (August 11, 2014).

0
12. Section 772.1 is amended by adding a definition for ``permanent 
encapsulated sensor assembly'' in alphabetical order to read as 
follows:


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

* * * * *
    Permanent encapsulated sensor assembly. (Cat 6) A permanent 
encapsulated sensor assembly (e.g. sealed enclosure, vacuum package) 
containing an infra-red focal plane array (IRFPA) that prevents direct 
access to the IRFPA, disassembly of the sensor assembly, and removal of 
the IRFPA without destruction or damage to the IRFPA.
* * * * *

PART 774--[AMENDED]

0
13. The authority citation for part 774 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 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 7, 2014, 79 FR 46959 (August 11, 2014).

Supplement No. 1 to Part 774 [Amended]

0
14. In Supplement No. 1 to part 774, Category 0, ECCN 0A919 is amended 
by revising the Items paragraph of the List of Items Controlled section 
to read as follows:

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

* * * * *
0A919 ``Military commodities'' located and produced outside the 
United States as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

    a. ``Military commodities'' produced and located outside the 
United States that are not subject to the International Traffic in 
Arms Regulations (22 CFR parts 120-130) and having any of the 
following characteristics:
    a.1. Incorporate one or more commodities classified under ECCNs 
6A002, 6A003, 6A990, or 6A993.a (having a maximum frame rate equal 
to or less than 9 Hz and thus meeting the criterion of Note 3.a to 
6A003.b.4);
    a.2. Incorporate more than a de minimis amount of U.S.-origin 
``600 series'' controlled content (see Sec.  734.4 of the EAR); or
    a.3. Are direct products of U.S.-origin ``600 series'' 
technology or software (see Sec.  736.2(b)(3) of the EAR).
    b. [Reserved]

0
15. In Supplement No. 1 to part 774, Category 0, ECCN 0A987 is amended 
by:
0
a. Revising the Related Controls paragraph in the List of Items 
Controlled section;
0
b. Revising paragraph f. in the Items paragraph in the List of Items 
Controlled section; and
0
c. Adding a note to 0A987.f, to read as follows:

0A987 Optical sighting devices for firearms (including shotguns 
controlled by 0A984); and ``components'' as follows (See List of 
Items Controlled).
* * * * *

List of Items Controlled

Related Controls: (1) Sighting devices operating outside the visible 
spectrum, as enumerated in USML Category XII, or laser aiming or 
laser illumination equipment not specified in 0A987.f are subject to 
the ITAR. (2) Section 744.9 imposes a license requirement on certain 
commodities described in 0A987 if being exported, reexported, or 
transferred (in-country) for use by a military end-user or for 
incorporation into an item controlled by ECCN 0A919.
* * * * *
Items:
* * * * *
    f. Laser aiming devices or laser illuminators designed for use 
on firearms, and having an operational wavelength exceeding 400 nm 
but not exceeding 710 nm with an output power less than or equal to 
5 mW.

    Note: 0A987.f does not control laser boresighting devices that 
must be placed in the bore or chamber to provide a reference for 
aligning the firearms sights.
* * * * *
0
16. In Supplement No. 1 to part 774, Category 0, add ECCN 0E987 between 
ECCN 0E984 and EAR99, to read as follows:

0E987 ``Technology'' ``required'' for the ``development,'' or 
``production'' of commodities controlled by 0A987 that incorporate a 
focal plane array or image intensifier tube.

License Requirements

Reason for Control: RS, AT.

[[Page 25811]]



 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
RS applies to entire entry................  A license is required to
                                             export and reexport these
                                             items to all countries,
                                             including Canada. A column
                                             specific to this control
                                             does not appear on the
                                             Commerce Country Chart.
                                             (see Sec.   742.6(a)(8)).
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of all 
License Exceptions)

CIV: N/A
TSR: N/A

List of Items Controlled

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

    The list of items controlled is contained in the ECCN heading.

0
17. In Supplement No. 1 to part 774, Category 2, ECCN 2A984 is amended 
by adding Note 4 to the end of the Related Controls paragraph in the 
List of Items Controlled section, to read as follows:

2A984 Concealed object detection equipment operating in the 
frequency range from 30 GHz to 3000 GHz and having a spatial 
resolution of 0.5 milliradian up to and including 1 milliradian at a 
standoff distance of 100 meters; and ``parts'' and ``components,'' 
n.e.s.
* * * * *

List of Items Controlled

Related Controls: *** (4) See USML Category XII(c)(17) for terahertz 
imaging equipment or systems having a peak response in the frequency 
range exceeding 30 GHz but not exceeding 3000 GHz and having a 
resolution less (better) than 0.5 milliradians at a standoff range 
of 100 m.
* * * * *
0
18. In Supplement No. 1 to part 774, Category 6, ECCN 6A002 is amended 
by:
0
a. Revising the Control(s) table in the License Requirements section;
0
b. Removing the ``Special Conditions for STA'' section;
0
c. Revising the Related Controls paragraph in the List of Items 
Controlled section;
0
d. Revising paragraphs a.2 and a.3 in the Items paragraph of the List 
of Items Controlled section. The revisions to read as follows:

6A002 Optical sensors and equipment and ``components'' therefor, as 
follows (see List of Items Controlled).

License Requirements

* * * * *

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 2.
MT applies to optical detectors in          MT Column 1.
 6A002.a.1 or a.3 that are ``specially
 designed'' or modified to protect
 ``missiles'' against nuclear effects
 (e.g., Electromagnetic Pulse (EMP), X-
 rays, combined blast and thermal
 effects), and usable for ``missiles''.
RS applies to entire entry................  A license is required to
                                             export and reexport these
                                             items to all countries,
                                             including Canada. A column
                                             specific to this control
                                             does not appear on the
                                             Commerce Country Chart.
                                             (See Sec.   742.6(a)(8)).
CC applies to police-model infrared         CC Column 1.
 viewers in 6A002.c.
AT applies to entire entry................  AT Column 1.
UN applies to 6A002.a.1, a.2, a.3 and c...  See Sec.   746.1(b) for UN
                                             controls.
 

* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) The following commodities are ``subject to the 
ITAR'' (see 22 CFR parts 120 through 130): (a) ``Image 
intensifiers'' defined in 6A002.a.2 and ``focal plane arrays'' 
defined in 6A002.a.3 ``specially designed,'' modified, or configured 
for military use and not part of civil equipment; (b) ``Space 
qualified'' solid-state detectors defined in 6A002.a.1, ``space 
qualified'' imaging sensors (e.g., ``monospectral imaging sensors'' 
and ``multispectral imaging sensors'') defined in 6A002.b.2.b.1, and 
``space qualified'' cryocoolers defined in 6A002.d.1, unless, on or 
after September 23, 2002, the Department of State issues a commodity 
jurisdiction determination indicating the commodity is subject to 
the EAR. (2) See also ECCNs 6A102, 6A202, and 6A992. (3) See ECCN 
0A919 for foreign-made military commodities that incorporate 
commodities described in 6A002. (4) Section 744.9 imposes a license 
requirement on commodities described in ECCN 6A002 if being 
exported, reexported, or transferred (in-country) for use by a 
military end-user or for incorporation into an item controlled by 
ECCN 0A919. (5) Image intensifier tubes described in ECCN 6A002.a.2 
that are second generation image intensification tubes are ``subject 
to the ITAR.'' (6) See the Related Controls paragraphs to ECCNs 
6E001 and 6E002 for controls on technology for the ``development'' 
or ``production'' of focal plane arrays in a ``permanent 
encapsulated sensor assembly'' subject to the EAR.
* * * * *
Items:
    a. * * *
    a.1. * * *
    a.2. Image intensifier tubes and ``specially designed'' 
``components'' therefor, as follows:
    Note 1: Image intensifier tubes described in 6A002.a.2 having a 
luminous sensitivity exceeding 500 microamps per lumen are ``subject 
to the ITAR.''
    Note 2: 6A002.a.2 does not control non-imaging photomultiplier 
tubes having an electron sensing device in the vacuum space limited 
solely to any of the following:
    a. A single metal anode; or
    b. Metal anodes with a center to center spacing greater than 500 
[mu]m.
    Technical Note: `Charge multiplication' is a form of electronic 
image amplification and is defined as the generation of charge 
carriers as a result of an impact ionization gain process. 'Charge 
multiplication' sensors may take the form of an image intensifier 
tube, solid state detector or ``focal plane array.''
    a.2.a. Image intensifier tubes having all of the following:
    a.2.a.1. A peak response in the wavelength range exceeding 400 
nm but not exceeding 1,050 nm;
    a.2.a.2. Electron image amplification using any of the 
following:
    a.2.a.2.a. A microchannel plate with a hole pitch (center-to-
center spacing) of 12 [mu]m or less; or
    a.2.a.2.b. An electron sensing device with a non-binned pixel 
pitch of 500 [mu]m or less, ``specially designed'' or modified to 
achieve `charge multiplication' other than by a microchannel plate; 
and
    a.2.a.3. Any of the following photocathodes:
    a.2.a.3.a. Multialkali photocathodes (e.g., S-20 and S-25) 
having a luminous sensitivity exceeding 350 [mu]A/lm;
    a.2.a.3.b. GaAs or GaInAs photocathodes; or
    a.2.a.3.c. Other ``III-V compound'' semiconductor photocathodes 
having a maximum ``radiant sensitivity'' exceeding 10 mA/W;
    a.2.b. Image intensifier tubes having all of the following:
    a.2.b.1. A peak response in the wavelength range exceeding 1,050 
nm but not exceeding 1,800 nm;
    a.2.b.2. Electron image amplification using any of the 
following:
    a.2.b.2.a. A microchannel plate with a hole pitch (center-to-
center spacing) of 12 [mu]m or less; or
    a.2.b.2.b. An electron sensing device with a non-binned pixel 
pitch of 500 [mu]m or less, ``specially designed'' or modified to 
achieve `charge multiplication' other than by a microchannel plate; 
and
    a.2.b.3. ``III/V compound'' semiconductor (e.g., GaAs or GaInAs) 
photocathodes and transferred electron photocathodes, having a 
maximum ``radiant sensitivity'' exceeding 15 mA/W;
    a.2.c. ``Specially designed'' ``components'' as follows:

[[Page 25812]]

    a.2.c.1. Microchannel plates having a hole pitch (center-to-
center spacing) of 12 [mu]m or less;
    a.2.c.2. An electron sensing device with a non-binned pixel 
pitch of 500 [mu]m or less, ``specially designed'' or modified to 
achieve `charge multiplication' other than by a microchannel plate;
    a.2.c.3. ``III-V compound'' semiconductor (e.g., GaAs or GaInAs) 
photocathodes and transferred electron photocathodes;
    Note: 6A002.a.2.c.3 does not control compound semiconductor 
photocathodes designed to achieve a maximum ``radiant sensitivity'' 
of any of the following:
    a. 10 mA/W or less at the peak response in the wavelength range 
exceeding 400 nm but not exceeding 1,050 nm; or
    b. 15 mA/W or less at the peak response in the wavelength range 
exceeding 1,050 nm but not exceeding 1,800 nm.
    a.3. Non-``space-qualified'' ``focal plane arrays'' as follows:
    N.B.: `Microbolometer' non-``space-qualified'' ``focal plane 
arrays'' are only specified by 6A002.a.3.f.
    Technical Note: Linear or two-dimensional multi-element detector 
arrays are referred to as ``focal plane arrays'';
    Note 1: 6A002.a.3 includes photoconductive arrays and 
photovoltaic arrays.
    Note 2: 6A002.a.3 does not control:
    a. Multi-element (not to exceed 16 elements) encapsulated 
photoconductive cells using either lead sulphide or lead selenide;
    b. Pyroelectric detectors using any of the following:
    b.1. Triglycine sulphate and variants;
    b.2. Lead-lanthanum-zirconium titanate and variants;
    b.3. Lithium tantalate;
    b.4. Polyvinylidene fluoride and variants; or
    b.5. Strontium barium niobate and variants.
    c. ``Focal plane arrays'' ``specially designed'' or modified to 
achieve `charge multiplication' and limited by design to have a 
maximum ``radiant sensitivity'' of 10 mA/W or less for wavelengths 
exceeding 760 nm, having all of the following:
    c.1. Incorporating a response limiting mechanism designed not to 
be removed or modified; and
    c.2. Any of the following:
    c.2.a. The response limiting mechanism is integral to or 
combined with the detector element; or
    c.2.b. The ``focal plane array'' is only operable with the 
response limiting mechanism in place.
    Note 3: Focal plane arrays described in 6A002.a.3 that are not 
in a ``permanent encapsulated sensor assembly'' subject to the EAR 
are ``subject to the ITAR.''
    Technical Note: A response limiting mechanism integral to the 
detector element is designed not to be removed or modified without 
rendering the detector inoperable.
    a.3.a. Non-``space-qualified'' ``focal plane arrays'' having all 
of the following:
    a.3.a.1. Individual elements with a peak response within the 
wavelength range exceeding 900 nm but not exceeding 1,050 nm; and
    a.3.a.2. Any of the following:
    a.3.a.2.a. A response ``time constant'' of less than 0.5 ns; or
    a.3.a.2.b. ``Specially designed'' or modified to achieve `charge 
multiplication' and having a maximum ``radiant sensitivity'' 
exceeding 10 mA/W;
    a.3.b. Non-``space-qualified'' ``focal plane arrays'' having all 
of the following:
    a.3.b.1. Individual elements with a peak response in the 
wavelength range exceeding 1,050 nm but not exceeding 1,200 nm; and
    a.3.b.2. Any of the following:
    a.3.b.2.a. A response ``time constant'' of 95 ns or less; or
    a.3.b.2.b. ``Specially designed'' or modified to achieve `charge 
multiplication' and having a maximum ``radiant sensitivity'' 
exceeding 10 mA/W;
    a.3.c. Non-``space-qualified'' non-linear (2-dimensional) 
``focal plane arrays'' having individual elements with a peak 
response in the wavelength range exceeding 1,200 nm but not 
exceeding 30,000 nm;
    N.B.: Silicon and other material based `microbolometer' non-
``space-qualified'' ``focal plane arrays'' are only specified by 
6A002.a.3.f.
    a.3.d. Non-``space-qualified'' linear (1-dimensional) ``focal 
plane arrays'' having all of the following:
    a.3.d.1. Individual elements with a peak response in the 
wavelength range exceeding 1,200 nm but not exceeding 3,000 nm; and
    a.3.d.2. Any of the following:
    a.3.d.2.a. A ratio of `scan direction' dimension of the detector 
element to the `cross-scan direction' dimension of the detector 
element of less than 3.8; or
    a.3.d.2.b. Signal processing in the detector elements;
    Note: 6A002.a.3.d does not control ``focal plane arrays'' (not 
to exceed 32 elements) having detector elements limited solely to 
germanium material.
    Technical Note: For the purposes of 6A002.a.3.d, `cross-scan 
direction' is defined as the axis parallel to the linear array of 
detector elements and the `scan direction' is defined as the axis 
perpendicular to the linear array of detector elements.
    a.3.e. Non-``space-qualified'' linear (1-dimensional) ``focal 
plane arrays'' having individual elements with a peak response in 
the wavelength range exceeding 3,000 nm but not exceeding 30,000 nm;
    a.3.f. Non-``space-qualified'' non-linear (2-dimensional) 
infrared ``focal plane arrays'' based on `microbolometer' material 
having individual elements with an unfiltered response in the 
wavelength range equal to or exceeding 8,000 nm but not exceeding 
14,000 nm;
    Technical Note: For the purposes of 6A002.a.3.f, 
`microbolometer' is defined as a thermal imaging detector that, as a 
result of a temperature change in the detector caused by the 
absorption of infrared radiation, is used to generate any usable 
signal.
    a.3.g. Non-``space-qualified'' ``focal plane arrays'' having all 
of the following:
    a.3.g.1. Individual detector elements with a peak response in 
the wavelength range exceeding 400 nm but not exceeding 900 nm;
    a.3.g.2. ``Specially designed'' or modified to achieve `charge 
multiplication' and having a maximum ``radiant sensitivity'' 
exceeding 10 mA/W for wavelengths exceeding 760 nm; and
    a.3.g.3. Greater than 32 elements;
* * * * *

0
19. In Supplement No. 1 to part 774, Category 6, ECCN 6A003 is amended 
by:
0
a. Revising note 5 in the Related Controls paragraph in the List of 
items Controlled section; and
0
b. Adding note 6 to the Related Controls paragraph in the List of items 
Controlled section, to read as follows:

6A003 Cameras, systems or equipment, and ``components'' therefor, as 
follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: * * * (5) Section 744.9 imposes a license 
requirement on cameras described in 6A003 if being exported, 
reexported, or transferred (in-country) for use by a military end-
user or for incorporation into a commodity controlled by ECCN 0A919. 
(6) See USML Category XII(c) for cameras ``subject to the ITAR.''
* * * * *

0
20. In Supplement No. 1 to part 774, Category 6, ECCN 6A004 is amended 
by revising the Related Controls paragraph in the List of Items 
Controlled section to read as follows:

6A004 Optical equipment and ``components,'' as follows (see List of 
Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) For optical mirrors or `aspheric optical 
elements' ``specially designed'' for lithography ``equipment,'' see 
ECCN 3B001. (2) See USML Category XII(c) for gimbals ``subject to 
the ITAR.'' (3) See ECCN 6A615.b for gimbals containing a camera 
payload operating exclusively in the visible spectrum (i.e., 400 nm 
to 760 nm). (4) ``Space qualified'' components for optical systems 
defined in 6A004.c and optical control equipment defined in 
6A004.d.1 are ``subject to the ITAR.'' (5) See also 6A994.
* * * * *

0
21. In Supplement No. 1 to part 774, Category 6, ECCN 6A005 is amended 
by:
0
a. Revising the Related Controls paragraph in the List of Items 
Controlled section; and
0
b. Adding Notes to paragraphs c.3.b, d.1.a.2, d.1.b.3, d.1.d.1.d, 
d.1.d.2.d, and d.1.d.3.b in the Items paragraph of the List of Items 
Controlled section, to read as follows:

6A005 ``Lasers,'' ``components'' and optical equipment, as follows 
(see List of Items Controlled), excluding items that are subject to 
the export licensing authority

[[Page 25813]]

of the Nuclear Regulatory Commission (see 10 CFR part 110).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) See ECCN 6D001 for ``software'' for items 
controlled under this entry. (2) See ECCNs 6E001 (``development''), 
6E002 (``production''), and 6E201 (``use'') for technology for items 
controlled under this entry. (3) Also see ECCNs 6A205 and 6A995. (4) 
See ECCN 3B001 for excimer ``lasers'' ``specially designed'' for 
lithography equipment. (5) ``Lasers'' ``specially designed'' or 
prepared for use in isotope separation are subject to the export 
licensing authority of the Nuclear Regulatory Commission (see 10 CFR 
part 110). (6) See USML Category XII(b)(10) for certain tunable 
semiconductor lasers. (7) See USML Category XII(b)(11) for certain 
non-tunable single transverse mode semiconductor lasers. (8) See 
USML Category XII(b)(12) for certain non-tunable multiple transverse 
mode semiconductor lasers. (9) See USML Category XII(b)(13) for 
certain laser stacked arrays. (10) See USML Category XII(b)(9) for 
certain lasers for electronic combat systems controlled in USML 
Category XI. (11) See USML Category XII(b)(14) for developmental 
laser and laser systems funded by the Department of Defense. (12) 
See USML Category XVIII for certain laser-based directed energy 
weapon systems, equipment, and components.
Related Definitions: * * *
Items:
* * * * *
    c. * * *
    c.3. * * *
    c.3.b. * * *
    Note: See USML Category XII(b)(10) for tunable semiconductor 
lasers having an output wavelength exceeding 1,400 nm and an output 
power greater than 1 W.
* * * * *
    d. * * *
    d.1. * * *
    d.1.a. * * *
    d.1.a.2. * * *
    Note: See USML Category XII(b)(11) for non-tunable single 
transverse mode semiconductor lasers having an output wavelength 
exceeding 1,510 nm and either an average output power or continuous 
wave (CW) output power greater than 2 W.
* * * * *
    d.1.b. * * *
    d.1.b.3. * * *
    Note: See USML Category XII(b)(12) for non-tunable multiple 
transverse mode semiconductor lasers having an output wavelength 
exceeding 1,900 nm and either an average output power or CW output 
power greater than 2 W.
* * * * *
    d.1.d. * * *
    d.1.d.1. * * *
    d.1.d.1.d. * * *
    Note: See USML Category XII(b)(13)(i) for laser stacked arrays 
having an output wavelength less than 1,400 nm and a peak pulsed 
power density greater than 3,300 W/cm2.
* * * * *
    d.1.d.2. * * *
    d.1.d.2.d. * * *
    Note: See USML Category XII(b)(13)(ii) for laser stacked arrays 
having an output wavelength exceeding 1,400 nm but less than 1,900 
nm and a peak pulsed power density greater than 700 W/cm2.
* * * * *
    d.1.d.3. * * *
    d.1.d.3.b. * * *
    Note: See USML Category XII(b)(13)(iii) for laser stacked arrays 
having an output wavelength exceeding 1,900 nm and a peak pulsed 
power density greater than 70 W/cm2. See also USML Category 
XII(b)(13)(iv) for laser stacked arrays having an output wavelength 
exceeding 1,900 nm, and either an average output power or CW output 
power greater than 20 W.
* * * * *

0
22. In Supplement No. 1 to part 774, Category 6, ECCN 6A007 is amended 
by revising the Related Controls paragraph in the List of Items 
Controlled section, to read as follows:

6A007 Gravity meters (gravimeters) and gravity gradiometers, as 
follows (see List of Items Controlled).
* * * * *

List of Items Controlled

Related Controls: (1) See USML Category XII(d)(4) for certain 
gravity meters (gravimeters). (2) See USML Category XII(d)(5) for 
certain gravity gradiometers. (3) See ECCN 7A611 for gravity meters 
(gravimeters) ``specially designed'' for a defense article 
enumerated on the USML or for a ``600 series'' ECCN, and having 
automatic motion compensation and an accuracy of less (better) than 
2 mGal and greater (worse) than 1mGal. (4) See also ECCNs 6A107 and 
6A997.
* * * * *

0
23. In Supplement No. 1 to part 774, Category 6, ECCN 6A008 is amended 
by revising the Related Controls paragraph in 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

* * * * *
Related Controls: This entry does not control: Secondary 
surveillance radar (SSR); Car radar designed for collision 
prevention; Displays or monitors used for Air Traffic Control (ATC) 
having no more than 12 resolvable elements per mm; Meteorological 
(weather) radar. See also ECCNs 6A108 and 6A998. ECCN 6A998 
controls, inter alia, the Light Detection and Ranging (LIDAR) 
equipment excluded by the note to paragraph j of this ECCN (6A008). 
See USML Category XII(b) for certain LIDAR, Laser Detection and 
Ranging (LADAR), or range-gated systems or equipment. See ECCN 6A615 
for LIDAR, LADAR, or range-gated systems or equipment having a 
resolution (i.e., ground point spacing) less (better) than 0.4 m 
from an altitude above ground level of 16,500 ft. or greater, and 
incorporating a gimbal-mounted transmitter or beam director.
* * * * *

0
24. In Supplement No. 1 to part 774, Category 6, ECCN 6A107 is amended 
by revising the Related Controls paragraph in the List of Items 
Controlled section to read as follows:

6A107 Gravity meters (gravimeters) or gravity gradiometers, other 
than those controlled by 6A007, designed or modified for airborne or 
marine use, as follows, (see List of Items Controlled) and 
``specially designed'' ``parts'' and ``components'' therefor.
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) See USML Category XII(d)(4) for certain 
gravity meters (gravimeters) subject to the ITAR. (2) See USML 
Category XII(d)(5) for certain gravity gradiometers subject to the 
ITAR. (3) See ECCN 7A611 for gravity meters (gravimeters) 
``specially designed'' for a defense article enumerated on the USML 
or for a ``600 series'' ECCN, and having automatic motion 
compensation and an accuracy of less (better) than 2 mGal and 
greater (worse) than 1mGal.
* * * * *

0
25. In Supplement No. 1 to part 774, Category 6, ECCN 6A611 is revised 
to read as follows:

6A611 Acoustic systems and equipment, radar, and ``parts,'' 
``components,'' ``accessories,'' and ``attachments'' ``specially 
designed'' therefor, ``specially designed'' for a military 
application that are not enumerated in any USML category or other 
ECCN are controlled by ECCN 3A611. Military guidance and control 
equipment, including certain gravity meters (gravimeters), that are 
not enumerated in any USML category or ECCN are controlled by ECCN 
7A611.

0
26. In Supplement No. 1 to part 774, Category 6, add ECCN 6A615 between 
ECCNs 6A611 and 6A990, to read as follows:

6A615 Military fire control, range finder, and optical, equipment, 
and ``specially designed'' ``parts,'' ``components,'' 
``accessories,'' and ``attachments,'' as follows (See List of Items 
Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

[[Page 25814]]



 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry except 6A615.y.  NS Column 1.
RS applies to entire entry except 6A615.y.  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry except 6A615.y.  See Sec.   746.1(b) for UN
                                             controls.
 

List Based License Exceptions (See Part 740 for a Description of all 
License Exceptions)

LVS: $1500
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)) 
of the EAR may not be used for any item in 6A615.

List of Items Controlled

Related Controls: (1) Military fire control, range finder, optical, 
and guidance and control equipment that are enumerated on the USML 
Category XII, and technical data (including software) directly 
related thereto, are ``subject to the ITAR.'' (2) See Related 
Controls in ECCNs 0A987, 2A984, 6A002, 6A003, 6A004, 6A005, 6A007, 
6A008, 7A001, 7A002, 7A003, 7A005, and 7A101. (3) See ECCN 3A611 and 
USML Category XI for controls on countermeasure equipment. (4) See 
ECCN 0A919 for controls on foreign-made ``military commodities'' 
that incorporate more than a de minimis amount of U.S.-origin ``600 
series'' controlled content.
Related Definitions: N/A
Items:

    a. Light Detection and Ranging (LIDAR), Laser Detection and 
Ranging (LADAR), or laser range-gated systems or equipment having a 
resolution (i.e., ground point spacing) less (better) than 0.4 m 
from an altitude above ground level of 16,500 ft. or greater, and 
incorporating a gimbal-mounted transmitter or beam director.
    b. Gimbals permanently configured to contain a single payload 
consisting of a camera operating exclusively in the visible spectrum 
(i.e., 400 nm to 760 nm) and having a minimum root-mean-square (RMS) 
stabilization better (less) than 35 microradians.
    c. Zinc selenide, zinc sulfide, germanium or chalcogenide optics 
blanks, being flat or initially curved, and having any of the 
following:
    c.1. Diameter exceeding 3 inches and thickness exceeding 1.5 
inches;
    c.2. Diameter exceeding 5 inches;
    c.3. Length and width both exceeding 3 inches and thicknesses 
exceeding 1.5 inches; or
    c.4. Length and width both exceeding 5 inches.
    d. Weapon sights, weapon aiming systems or equipment, and weapon 
imaging systems or equipment (e.g. clip-on), having peak response at 
a wavelength exceeding 700 nm but not exceeding 1,000 nm, and not 
controlled by 0A987.
    e. Targeting or target location systems or equipment 
incorporating or ``specially designed'' to incorporate a laser 
rangefinder controlled in USML Cat XII(b)(3).
    f. Mobile reconnaissance, scout or surveillance systems or 
equipment providing real-time target location.
    g. Combat vehicle, tactical wheeled vehicle, naval vessel, or 
aircraft pilotage systems or equipment incorporating a variable 
field of view or field of regard, and incorporating a photon 
detector-based infrared focal plane array having less than 640 
elements.
    h. to w. [RESERVED]
    x. ``Parts,'' ``components,'' ``accessories,'' and 
``attachments'' that are ``specially designed'' for a commodity 
enumerated or otherwise described in ECCN 6A615 (except 6A615.y) or 
a defense article enumerated or otherwise described in Category XII 
and not elsewhere specified on the USML, in 6A615.y, or 3A611.y.
    y. Specific ``parts,'' ``components,'' ``accessories,'' and 
``attachments'' ``specially designed'' for a commodity subject to 
control in this ECCN or a fire control, range finder, or optical 
defense article in USML Category XII and not elsewhere specified on 
the USML or in the CCL, as follows, and ``parts,'' ``components,'' 
``accessories,'' and ``attachments'' ``specially designed'' 
therefor:
    y.1 [RESERVED]

0
27. In Supplement No. 1 to part 774, Category 6, ECCN 6A990, the 
License Requirements Section, the List Based License Exceptions Section 
and the related controls paragraph of the List of Items Controlled 
Section are revised to read as follows:

6A990 Read-out integrated circuits ``specially designed'' for 
``focal plane arrays'' controlled by 6A002.a.3.

License Requirements

Reason for Control: RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
RS applies to entire entry................  A license is required to
                                             export and reexport to all
                                             countries, including
                                             Canada. A column specific
                                             to this control does not
                                             appear on the Commerce
                                             Country Chart. (See Sec.
                                             742.6(a)(8)).
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of all 
License Exceptions)

LVS: $500
GBS: N/A
CIV: N/A

List of Items Controlled

Related Controls: (1) See USML Category XII(e) for read-out 
integrated circuits ``subject to the ITAR.'' (2) See ECCN 0A919 for 
foreign made military commodities that incorporate commodities 
described in 6A990. (3) Section 744.9 imposes a license requirement 
on commodities described in 6A990 if being exported, reexported, or 
transferred (in-country) for use by a military end-user or for 
incorporation into a commodity controlled by ECCN 0A919.
* * * * *

0
28. In Supplement No. 1 to part 774, Category 6, ECCN 6A993 is amended 
by revising the Related Controls paragraph in the List of Items 
Controlled section, to read as follows:

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

List of Items Controlled

* * * * *
Related Controls: (1) See ECCN 0A919 for foreign made military 
commodities that incorporate cameras described in 6A993.a that meet 
the criteria specified in Note 3.a to 6A003.b.4.b (i.e., having a 
maximum frame rate equal to or less than 9 Hz). (2) Section 744.9 
imposes license requirements on cameras described in 6A993.a as a 
result of meeting the criteria specified in Note 3.a to 6A003.b.4.b 
(i.e., having a maximum frame rate equal to or less than 9 Hz) if 
being exported, reexported, or transferred (in-country) for use by a 
military end-user or for incorporation into a commodity controlled 
by ECCN 0A919.
* * * * *

0
29. In Supplement No. 1 to part 774, Category 6, add ECCN 6B615 between 
ECCNs 6B108 and 6B995, to read as follows:

6B615 Test, inspection, and production ``equipment'' and related 
commodities ``specially designed'' for the ``development'' or 
``production'' of commodities enumerated or otherwise described in 
ECCN 6A615 or military fire control, range finder, and optical 
equipment enumerated or otherwise described in USML Category XII 
(see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 1.
RS applies to entire entry................  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls.
 

List Based License Exceptions (See Part 740 for a Description of all 
License Exceptions)

LVS: $1,500
GBS: N/A

[[Page 25815]]

CIV: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any item in 6B615.

List of Items Controlled

Related Controls: (1) See Related Controls in ECCNs 0A987, 2A984, 
6A002, 6A003, 6A004, 6A005, 6A007, 6A008, 7A001, 7A003, 7A005, and 
7A101. (2) See ECCN 0A919 for controls on foreign-made ``military 
commodities'' that incorporate more than a de minimis amount of 
U.S.-origin ``600 series'' controlled content.
Related Definitions: N/A
Items:

    a. Test, inspection, and production equipment (other than 
production equipment and components controlled in paragraph y of 
this entry) ``specially designed'' for the ``production'' or 
``development'' of commodities controlled in ECCN 6A615 (except 
6A615.y) or USML Category XII that are not enumerated in USML 
Category XII or ``600 series'' ECCN.
    b. Environmental test facilities ``specially designed'' for the 
certification, qualification or testing of commodities controlled in 
ECCN 6A615 (except 6A615.y) or USML Category XII that are not 
enumerated in USML Category XII or ``600 series'' ECCN.
    c. to w. [RESERVED]
    x. ``Parts,'' ``components,'' ``accessories,'' and 
``attachments'' that are ``specially designed'' for a commodity 
listed in this entry and that are not enumerated on the USML or 
controlled by another ``600 series'' ECCN.

0
30. In Supplement No. 1 to part 774, Category 6, ECCN 6D002 is amended 
by:
0
a. Revising the License Requirements section;
0
b. Revising the List Based License Exceptions section; and
0
c. Revising the Related Controls paragraph in the List of Items 
Controlled section, to read as follows:

6D002 ``Software'' ``specially designed'' for the ``use'' of 
equipment controlled by 6A002.b, 6A008 or 6B008.

License Requirements

Reason for Control: NS, MT, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 1.
MT applies to ``software'' for equipment    MT Column 1.
 controlled by 6A008 or 6B008 for MT
 reasons.
RS applies to ``software'' for equipment    A license is required to
 controlled by 6A002.b.                      export and reexport to all
                                             countries, including
                                             Canada. A column specific
                                             to this control does not
                                             appear on the Commerce
                                             Country Chart. (See Sec.
                                             742.6(a)(8)).
RS applies to ``software'' for equipment    RS Column 1.
 controlled by 6A008.j.1.
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of all 
License Exceptions)

CIV: N/A
TSR: Yes, except N/A for the following: (1) Items controlled for MT 
reasons; (2) ``Software'' ``specially designed'' for the ``use'' of 
``space qualified'' ``laser'' radar or Light Detection and Ranging 
(LIDAR) equipment defined in 6A008.j.1; or (3) ``Software'' 
``specially designed'' for the ``use'' of commodities controlled by 
6A002.b.

List of Items Controlled

* * * * *
Related Controls: (1) ``Software'' ``specially designed'' for the 
``use'' of ``space-qualified'' LIDAR ``equipment'' ``specially 
designed'' for surveying or for meteorological observation, released 
from control under the note in 6A008.j, is controlled in 6D991. (2) 
See also 6D102, 6D991, 6D992, and 6D994.

0
31. In Supplement No. 1 to part 774, Category 6, ECCN 6D003 is amended 
by:
0
a. Revising the Control(s) table in the License Requirements section;
0
b. Revising the List Based License Exceptions section; and
0
c. Revising the Related Controls paragraph in the List of Items 
Controlled section, to read as follows:

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

License Requirements

* * * * *

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 1.
RS applies to 6D003.c.....................  A license is required to
                                             export and reexport to all
                                             countries, including
                                             Canada. A column specific
                                             to this control does not
                                             appear on the Commerce
                                             Country Chart. (See Sec.
                                             742.6(a)(8)).
AT applies to entire entry................  AT Column 1.
 

* * * * *

List Based License Exceptions (See Part 740 for a Description of all 
License Exceptions)

CIV: Yes for 6D003.h.1
TSR: Yes, except for 6D003.c and except for exports or reexports to 
destinations outside of those countries listed in Country Group A:5 
(See Supplement No. 1 to part 740 of the EAR) of ``software'' for 
items controlled by 6D003.a.
* * * * *

List of Items Controlled

* * * * *
Related Controls: See also 6D103, 6D991, 6D993, and 6D994.

* * * * *
0
32. In Supplement No. 1 to part 774, Category 6, add ECCN 6D615 between 
ECCNs 6D201 and 6D991, to read as follows:

6D615 ``Software'' ``specially designed'' for the ``development,'' 
``production,'' operation, or maintenance of commodities controlled 
by 6A615 or equipment controlled by 6B615 (see List of Items 
Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry except 6D615.y.  NS Column 1.
RS applies to entire entry except 6D615.y.  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry except 6D615.y.  See Sec.   746.1(b) for UN
                                             controls.
 

List Based License Exceptions (See Part 740 for a Description of all 
License Exceptions)

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any software in 6D615.

List of Items Controlled

Related Controls: (1) ``Software'' directly related to articles 
enumerated in USML Category XII is subject of USML paragraph XII(f). 
(2) See Related Controls in ECCNs 0A987, 2A984, 6A002, 6A003, 6A004, 
6A005, 6A007, 6A008, 7A001, 7A003, 7A005, and 7A101. (3) See ECCN 
0A919 for controls on foreign-made ``military commodities'' that 
incorporate more than a

[[Page 25816]]

de minimis amount of U.S.-origin ``600 series'' controlled content.
Related Definitions: N/A
Items:

    a. ``Software'' ``specially designed'' for the ``development,'' 
``production,'' operation or maintenance of commodities controlled 
by ECCNs 6A615 (except 6A615.y) or 6B615.
    b. to x. [RESERVED]
    y. Specific ``software'' ``specially designed'' for the 
``production,'' ``development,'' or operation or maintenance of 
commodities described in 6A615.y.

0
33. In Supplement No. 1 to part 774, Category 6, ECCN 6D991 is revised 
to read as follows:

6D991 ``Software,'' n.e.s., ``specially designed'' for the 
``development'', ``production'', or ``use'' of commodities 
controlled by 6A002, 6A003, 6A990, 6A991, 6A996, 6A997, or 6A998.

License Requirements

Reason for Control: RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
RS applies to ``software'' for commodities  A license is required to
 controlled by 6A002, 6A003, and 6A990.      export and reexport to all
                                             countries, including
                                             Canada. A column specific
                                             to this control does not
                                             appear on the Commerce
                                             Country Chart. (See Sec.
                                             742.6(a)(8)).
RS applies to ``software'' for commodities  RS Column 1.
 controlled by 6A998.b.
RS applies to ``software'' for commodities  RS Column 2.
 controlled by 6A998.c.
AT applies to entire entry, except          AT Column 1.
 ``software'' for commodities controlled
 by 6A991.
AT applies to ``software'' for commodities  AT Column 2.
 controlled by 6A991.
 

List Based License Exceptions (See Part 740 for a Description of all 
License Exceptions)

CIV: N/A
TSR: N/A

List of Items Controlled

Related Controls: (1) See ECCN 6D002 for ``software'' ``specially 
designed'' for the ``use'' of commodities controlled under ECCN 
6A002.b. (2) See ECCN 6D003.c for ``software'' ``specially 
designed'' for cameras incorporating ``focal plane arrays'' 
specified by 6A002.a.3.f and ``specially designed'' to remove a 
frame rate restriction and allow the camera to exceed the frame rate 
specified in 6A003.b.4 Note 3.a.
Related Definitions: N/A
Items:

    The list of items controlled is contained in the ECCN heading.

0
34. In Supplement No. 1 to part 774, Category 6, add ECCN 6D994 between 
ECCNs 6D993 and the header that reads ``E. Technology'', to read as 
follows:

6D994 ``Software'', n.e.s., ``specially designed'' for the 
maintenance, repair, or overhaul of commodities controlled by 6A002, 
6A003, or 6A990.

License Requirements

Reason for Control: RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
RS applies to entire entry................  A license is required to
                                             export and reexport to all
                                             countries, including
                                             Canada. A column specific
                                             to this control does not
                                             appear on the Commerce
                                             Country Chart. (see Sec.
                                             742.6(a)(8)).
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of all 
License Exceptions)

CIV: N/A
TSR: N/A

List of Items Controlled

Related Controls: (1) See ECCN 6D002 for software ``specially 
designed'' for the ``use'' of commodities controlled under ECCN 
6A002.b. (2) See ECCN 6D003.c for software designed or modified for 
cameras incorporating ``focal plane arrays'' specified by 
6A002.a.3.f and designed or modified to remove a frame rate 
restriction and allow the camera to exceed the frame rate specified 
in 6A003.b.4 Note 3.a.
Related Definitions: N/A
Items:

    The list of items controlled is contained in the ECCN heading.

0
35. In Supplement No. 1 to part 774, Category 6, ECCN 6E001 is amended 
by:
0
a. Revising the Reason for Control paragraph and the Table in the 
License Requirements section;
0
b. Revising the CIV and TSR paragraphs in the List Based License 
Exceptions section; and
0
c. Revising the Related Controls paragraph in the List of Items 
Controlled section, to read as follows:

6E001 ``Technology'' according to the General Technology Note for 
the ``development'' of equipment, materials or ``software'' 
controlled by 6A (except 6A990, 6A991, 6A992, 6A994, 6A995, 6A996, 
6A997, 6A998, or 6A999.c), 6B (except 6B995), 6C (except 6C992 or 
6C994), or 6D (except 6D991, 6D992, or 6D993).

License Requirements

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

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to ``technology'' for items      NS Column 1.
 controlled by 6A001 to 6A008, 6B004 to
 6B008, 6C002 to 6C005, or 6D001 to 6D003.
MT applies to ``technology'' for items      MT Column 1.
 controlled by 6A002, 6A007, 6A008, 6A102,
 6A107, 6A108, 6B008, 6B108, 6D001, 6D002,
 6D102 or 6D103 for MT reasons.
NP applies to ``technology'' for equipment  NP Column 1.
 controlled by 6A003, 6A005, 6A202, 6A203,
 6A205, 6A225, 6A226, 6D001, or 6D201 for
 NP reasons.
RS applies to ``technology'' for            A license is required to
 commodities controlled by 6A002 or 6A003.   export and reexport these
                                             items to all countries,
                                             including Canada. A column
                                             specific to this control
                                             does not appear on the
                                             Commerce Country Chart.
                                             (See Sec.   742.6(a)(8)).
RS applies to ``technology'' for items      RS Column 1.
 controlled by 6A002.a.1, .a.2, .a.3, or
 .c, 6A003.b.3 or .b.4, or 6A008.j.1.
CC applies to ``technology'' for equipment  CC Column 1.
 controlled by 6A002 for CC reasons.
AT applies to entire entry................  AT Column 1.
UN applies to ``technology'' for equipment  See Sec.   746.1(b) for UN
 controlled by 6A002 or 6A003 for UN         controls.
 reasons.
 

* * * * *

List Based License Exceptions (See Part 740 for a Description of all 
License Exceptions)

CIV: N/A
TSR: Yes, except for the following: (1) Items controlled for MT 
reasons; (2) ``Technology'' for commodities controlled by 6A002, 
6A003, 6A004.e or 6A008.j.1; (3) ``Technology'' for ``software'' 
``specially designed'' for ``space qualified'' ``laser''

[[Page 25817]]

radar or Light Detection and Ranging (LIDAR) equipment defined in 
6A008.j.1 and controlled by 6D001 or 6D002; or (4) Exports or 
reexports to destinations outside of those countries listed in 
Country Group A:5 (See Supplement No. 1 to part 740 of the EAR) of 
``technology'' for the ``development'' of the following: 
6A001.a.1.b, 6A001.a.1.e, 6A001.a.2.a.1, 6A001.a.2.a.2, 
6A001.a.2.a.3, 6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b, 
6A001.a.2.d, 6A001.a.2.e., 6A004.c, 6A004.d,, 6A006.a.2, 6A006.c.1, 
6A006.d, 6A006.e, 6A008.d, 6A008.h, 6A008.k, 6B008, 6D003.a; (b) 
Equipment controlled by 6A001.a.2.c or 6A001.a.2.f when ``specially 
designed'' for real time applications; or (c) ``Software'' 
controlled by 6D001 and ``specially designed'' for the 
``development'' or ``production'' of equipment controlled by 6B008, 
or 6D003.a.
* * * * *

List of Items Controlled

Related Controls: (1) Technical data directly related to satellites 
and all other items described in USML Category XV are subject to the 
ITAR under USML Category XV(f). (2) See also 6E101, 6E201, and 
6E991. (3) Technology for incorporating or integrating infrared 
focal plane arrays (IRFPAs) into permanent encapsulated sensor 
assemblies subject to the EAR, or integrating such assemblies into 
an item subject to the EAR, and integrating image intensifier tubes 
(IITs) into an item subject to the EAR, including integrating items 
subject to the EAR into foreign military commodities outside the 
United States is subject to the EAR. This technology includes the 
testing, operation instructions for a focal plane array in a 
``permanent encapsulated sensor assembly'' subject to the EAR, 
mechanical dimensions and physical characteristics of the sensor 
assembly, provided such information does not include design 
methodology, engineering analysis, or manufacturing know-how.

* * * * *
0
36. In Supplement No. 1 to part 774, Category 6, ECCN 6E002 is amended 
by:
0
a. Revising the Reason for Control paragraph and the Table in the 
License Requirements section;
0
b. Revising the CIV and TSR paragraphs in the List Based License 
Exceptions section; and
0
c. Revising the Related Controls paragraph in the List of Items 
Controlled section, to read as follows:

6E002 ``Technology'' according to the General Technology Note for 
the ``production'' of equipment or materials controlled by 6A 
(except 6A990, 6A991, 6A992, 6A994, 6A995, 6A996, 6A997, 6A998 or 
6A999.c), 6B (except 6B995) or 6C (except 6C992 or 6C994).

License Requirements

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

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to ``technology'' for equipment  NS Column 1.
 controlled by 6A001 to 6A008, 6B004 to
 6B008, or 6C002 to 6C005.
MT applies to ``technology'' for equipment  MT Column 1.
 controlled by 6A002, 6A007, 6A008, 6A102,
 6A107, 6A108, 6B008, or 6B108 for MT
 reasons.
NP applies to ``technology'' for equipment  NP Column 1.
 controlled by 6A003, 6A005, 6A202, 6A203,
 6A205, 6A225 or 6A226 for NP reasons.
RS applies to ``technology'' for items      A license is required to
 controlled by 6A002 or 6A003.               export and reexport these
                                             items to all countries,
                                             including Canada. A column
                                             specific to this control
                                             does not appear on the
                                             Commerce Country Chart.
                                             (See Sec.   742.6(a)(8)).
RS applies to ``technology'' for items      RS Column 1.
 controlled by 6A008.j.1.
CC applies to ``technology'' for equipment  CC Column 1.
 controlled by 6A002 for CC reasons.
AT applies to entire entry................  AT Column 1.
UN applies to ``technology'' for equipment  See Sec.   746.1(b) for UN
 controlled by 6A002 or 6A003 for UN         controls.
 reasons.
 

* * * * *

List Based License Exceptions (See Part 740 for a Description of all 
License Exceptions)

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

    (1) Items controlled for MT reasons;
    (2) ``Technology'' for commodities controlled by 6A002, 6A003, 
6A004.e, 6A008.j.1; or
    (3) Exports or reexports to destinations outside of those 
countries listed in Country Group A:5 (See Supplement No. 1 to part 
740 of the EAR) of ``technology'' for the ``production'' of the 
following: (a) Items controlled by 6A001.a.1.b, 6A001.a.1.e, 
6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.3, 6A001.a.2.a.5, 
6A001.a.2.a.6, 6A001.a.2.b, 6A004.c, 6A004.d, 6A006.a.2, 6A006.c.1, 
6A006.d, 6A006.e, 6A008.d, 6A008.h, 6A008.k, 6B008; and (b) Items 
controlled by 6A001.a.2.c and 6A001.a.2.f when ``specially 
designed'' for real time applications.
* * * * *

List of Items Controlled

Related Controls: (1) Technical data directly related to satellites 
and all other items described in USML Category XV are subject to the 
ITAR under USML Category XV(f). (2) See also 6E992. (3) Technology 
for incorporating or integrating IRFPAs into ``permanent 
encapsulated sensor assemblies'' subject to the EAR, or integrating 
such assemblies into an item subject to the EAR, and integrating 
image intensifier tubes (IITs) into an item subject to the EAR, 
including integrating items subject to the EAR into foreign military 
commodities outside the United States, is subject to the EAR. This 
technology includes the testing results, interface and operation 
instructions for a focal plane array in a ``permanent encapsulated 
sensor assembly'' subject to the EAR, mechanical dimensions and 
physical characteristics of the sensor assembly, provided such 
information does not include design methodology, engineering 
analysis, or manufacturing know-how.
* * * * *
0
37. In Supplement No. 1 to part 774, Category 6, add ECCN 6E615 between 
ECCNs 6E202 and 6E990, to read as follows:

6E615 ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair, 
overhaul or refurbishing of commodities controlled by 6A615, 
equipment controlled by 6B615, or ``software'' controlled by 6D615 
(see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry except 6E615.y.  NS Column 1.
RS applies to entire entry except 6E615.y.  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry except 6E615.y.  See Sec.   746.1(b) for UN
                                             controls.
 

List Based License Exceptions (See Part 740 for a Description of all 
License Exceptions)

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any technology in 6E615.

List of Items Controlled

Related Controls: (1) Technical data directly related to articles 
enumerated or otherwise described in USML Category XII are subject

[[Page 25818]]

to the control of USML Category XII(f). (2) See Related Controls in 
ECCNs 0A987, 2A984, 6A002, 6A003, 6A004, 6A005, 6A007, 6A008, 7A001, 
7A003, 7A005, and 7A101.
Related Definitions: N/A
Items:

    a. ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair, 
overhaul, or refurbishing of commodities or software controlled by 
ECCNs 6A615 (except 6A615.y), 6B615, or 6D615 (except 6D615.y).
    b. through x. [RESERVED]
    y. Specific ``technology'' ``required'' for the ``production,'' 
``development,'' operation, installation, maintenance, repair, or 
overhaul of commodities or ``software'' in ECCN 6A615.y or 6D615.y.

0
38. In Supplement No. 1 to part 774, Category 6, revise ECCN 6E990 to 
read as follows:

6E990 ``Technology'' ``required'' for the ``development'' or 
``production'' of commodities controlled by ECCN 6A990.

License Requirements

Reason for Control: RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
RS applies to entire entry................  A license is required to
                                             export and reexport to all
                                             countries, including
                                             Canada. A column specific
                                             to this control does not
                                             appear on the Commerce
                                             Country Chart. (See Sec.
                                             742.6(a)(8)).
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of all 
License Exceptions)

CIV: N/A
TSR: N/A

List of Items Controlled

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

    The list of items controlled is contained in the ECCN heading.

0
39. In Supplement No. 1 to part 774, Category 6, add a new ECCN 6E994 
between ECCNs 6E993 and EAR99, to read as follows:

6E994 ``Technology'' ``required'' for the maintenance, repair, or 
overhaul of commodities controlled under 6A002, 6A003, or 6A990.

License Requirements

Reason for Control: RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
RS applies to entire entry................  A license is required to
                                             export and reexport to all
                                             countries, including
                                             Canada. A column specific
                                             to this control does not
                                             appear on the Commerce
                                             Country Chart. (See Sec.
                                             742.6(a)(8)).
AT applies to entire entry................  AT Column 1.
 

List Based License Exceptions (See Part 740 for a Description of all 
License Exceptions)

CIV: N/A
TSR: N/A

List of Items Controlled

Related Controls: (1) See ECCN 6E001 for ``development'' technology 
and ECCN 6E002 for ``production'' technology. (2) See ECCN 6E990 for 
``development'' and ``production'' technology for commodities 
controlled by 6A990.
Related Definitions: N/A
Items:

    The list of items controlled is contained in the ECCN heading.

0
40. In Supplement No. 1 to part 774, Category 7, ECCN 7A001 is amended 
by revising the Related Controls paragraph in the List of Items 
Controlled section, to read as follows:

7A001 Accelerometers as follows (see List of Items Controlled) and 
``specially designed'' ``components'' therefor.
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) See USML Category XII(d)(2) for accelerometers 
having a bias stability of less (better) than 20 micro g, a scale 
factor stability of less (better) than 20 parts per million, or 
capable of measuring greater than 100,000 g. (2) See ECCN 7A611 for 
accelerometers ``specially designed'' for a defense article 
enumerated on the USML or for a ``600 series'' ECCN, and meeting 
certain specifications described in 7A611. (3) See also ECCNs 7A101 
and 7A994. For angular or rotational accelerometers, see 
ECCN7A001.b. MT controls do not apply to accelerometers that are 
``specially designed'' and developed as Measurement While Drilling 
(MWD) sensors for use in downhole well service applications.
* * * * *

0
41. In Supplement No. 1 to part 774, Category 7, ECCN 7A002 is amended 
by revising the Related Controls paragraph in the List of Items 
Controlled section, to read as follows:

7A002 Gyros or angular rate sensors, having any of the following 
(see List of Items Controlled) and ``specially designed'' 
``components'' therefor.
* * * * *

List of Items Controlled

Related Controls: (1) See USML Category XII(d)(3) for gyros or 
angular rate sensors having an angle random walk of less (better) 
than 0.00125 degree per square root hour or having a bias stability 
less (better) than 0.0015 degrees per hour. (2) See also ECCNs 7A102 
and 7A994. For angular or rotational accelerometers, see ECCN 
7A001.b. (3) See ECCN 7A611 for gyros or angular rate sensors 
``specially designed'' for a defense article enumerated on the USML 
or for a ``600 series'' ECCN, and meeting certain specifications 
described in 7A611.
* * * * *

0
42. In Supplement No. 1 to part 774, Category 7, ECCN 7A003 is amended 
by revising the Related Controls paragraph in the List of Items 
Controlled section, to read as follows:

7A003 `Inertial measurement equipment or systems,' having any of the 
following (see List of Items Controlled).
* * * * *

List of Items Controlled

Related Controls: See also ECCNs 7A103 and 7A994. See USML Category 
XII(d)(1) for guidance or navigation systems: (i) having a CEP of 
position error rate less (better) than 0.35 nautical miles per hour; 
(ii) having a heading error or true north determination of less 
(better) than 0.50 mrad secant (latitude); or (iii) specified to 
function at linear acceleration levels exceeding 25 g. See ECCN 
7A611 for inertial measurement units, inertial reference units, or 
heading reference systems ``specially designed'' for a defense 
article enumerated on the USML or for a ``600 series'' ECCN, and 
meeting certain specifications described in 7A611.
* * * * *

0
43. In Supplement No. 1 to part 774, Category 7, amend ECCN 7A005 by 
revising the Related Controls paragraph in the List of Items Controlled 
section, to read as follows:

7A005 Global Navigation Satellite Systems (GNSS) receiving equipment 
having any of the following (see List of Items Controlled) and 
``specially designed'' ``components'' therefor.
* * * * *

List of Items Controlled

Related Controls: (1) See also ECCNs 7A105 and 7A994. Typically 
commercially available GNSS receivers do not employ decryption or 
adaptive antennas and are classified as 7A994. (2) For equipment 
``specially designed'' for military use, see USML Categories XI and 
XII.
* * * * *
0
44. In Supplement No. 1 to part 774, Category 7, ECCN 7A101 is amended 
by revising the Related Controls paragraph

[[Page 25819]]

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

7A101 Accelerometers, other than those controlled by 7A001 (see List 
of Items Controlled), and ``specially designed'' ``parts'' and 
``components'' therefor.
* * * * *

List of Items Controlled

Related Controls: (1) See USML Category XII(d)(2) for accelerometers 
having a bias stability of less (better) than 20 micro g, a scale 
factor stability of less (better) than 20 parts per million, or 
capable of measuring greater than 100,000 g. (2) See ECCN 7A611 for 
accelerometers ``specially designed'' for a defense article 
enumerated on the USML or for a ``600 series'' ECCN, and meeting 
certain specifications described in 7A611. (3) This entry does not 
control accelerometers that are ``specially designed'' and developed 
as MWD (Measurement While Drilling) sensors for use in downhole well 
service operations.
* * * * *
0
45. In Supplement No. 1 to part 774, Category 7, ECCN 7A102 is amended 
by revising the Related Controls paragraph in the List of Items 
Controlled section, to read as follows:

7A102 Gyros, other than those controlled by 7A002 (see List of Items 
Controlled), and ``specially designed'' ``parts'' and ``components'' 
therefor.
* * * * *

List of Items Controlled

Related Controls: (1) See USML Category XII(d)(3) for gyros or 
angular rate sensors having an angle random walk of less (better) 
than 0.00125 degree per square root hour or having a bias stability 
less (better) than 0.0015 degrees per hour. (2) See ECCN 7A611 for 
gyros ``specially designed'' for a defense article enumerated on the 
USML or for a ``600 series'' ECCN, and meeting certain 
specifications described in 7A611. (3) See also ECCNs 7A002 and 
7A994.
* * * * *
0
46. In Supplement No. 1 to part 774, Category 7, ECCN 7A611 is revised 
to read as follows:

7A611 Military guidance and control equipment, as follows (see List 
of Items Controlled).

License Requirements

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

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry except 7A611.y.  NS Column 1.
RS applies to entire entry except 7A611.y.  RS Column 1.
MT applies to commodities in 7A611.b, .c,   MT Column 1.
 and .d that meet or exceed the parameters
 of 7A101, 7A102, or 7A103.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry except 7A611.y.  See Sec.   746.1(b) for UN
                                             controls.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: $1500
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any item in 7A611.

List of Items Controlled

Related Controls: (1) Navigation and avionics equipment and systems, 
and ``parts,'' ``components,'' ``accessories,'' and ``attachments'' 
``specially designed'' therefor, ``specially designed'' for a 
military application that are not enumerated in any USML category or 
another ``600 series'' ECCN are controlled by ECCN 3A611. (2) 
Military guidance and control equipment that are enumerated on the 
USML Category XII, and technical data (including software) directly 
related thereto, are ``subject to the ITAR.'' (3) See ECCNs 6A007, 
7A001, 7A002, 7A003, 7A101, and 7A102. (4) See ECCN 3A611 and USML 
Category XI for controls on countermeasure equipment. (5) See ECCN 
0A919 for foreign-made ``military commodities'' that incorporate 
more than a de minimis amount of U.S. origin ``600 series'' 
controlled content.
Related Definitions: N/A
Items:
    a. Guidance, navigation, or control systems ``specially 
designed'' for a defense article enumerated on the USML or for a 
``600 series'' ECCN, and having any of the following:
    a.1. A ``CEP'' of position error rate of less (better) than or 
equal to 0.70 nautical miles per hour and greater (worse) than 0.35 
nautical miles per hour;
    a.2. A heading error or true north determination of less 
(better) than or equal to 0.060 degree secant (latitude) and greater 
(worse) than 0.02865 degree secant (latitude);
    a.3. Specified to function at linear acceleration levels 
exceeding 6 g and less than or equal to 25 g;
    a.4. Stored heading aircraft carrier alignment features; or
    a.5. Inertial measurement equipment or systems designed to use 
data from Global Navigation Satellite System (GNSS) or ``DBRN'' 
systems and having an INS navigation position accuracy subsequent to 
normal alignment of:
    a.5.a. 20 meters CEP after loss of GNSS or ``DBRN'' for a period 
greater than 4 minutes but less than or equal to 30 minutes; or
    a.5.b. 30 meters CEP after loss of GNSS or ``DBRN'' for a period 
greater than 30 minutes;
    b. Inertial measurement units, inertial reference units, or 
attitude and heading reference systems ``specially designed'' for a 
defense article enumerated on the USML or for a ``600 series'' ECCN, 
and incorporating accelerometers meeting the control thresholds of 
7A611.c.1, 7A611.c.2, 7A611.c.3, or USML Category XII(d), or gyros 
meeting the control thresholds of 7A611.d.1, 7A611.d.2, 7A611.d.3, 
or USML Category XII(d);
    c. Accelerometers ``specially designed'' for a defense article 
enumerated on the USML or for a ``600 series'' ECCN, and having any 
of the following:
    c.1. A bias stability of less (better) than or equal to 200 
micro g and greater (worse) than or equal to 20 micro g;
    c.2. A scale factor stability of less (better) than or equal to 
200 parts per million and greater than or equal to 20 parts per 
million; or
    c.3. Specified to function at linear acceleration levels 
exceeding 10 g;
    d. Gyros or angular rate sensors ``specially designed'' for a 
defense article enumerated on the USML or for a ``600 series'' ECCN, 
and having any of the following:
    d.1. An ``angle random walk'' of less (better) than or equal to 
0.010 degree per square root hour and greater than or equal to 
0.00125 degrees per square root hour;
    d.2. A bias stability of less (better) than or equal to 0.015 
degree per hour and greater than or equal to 0.0015 degrees per 
hour; or
    d.3. Specified to function at linear acceleration levels 
exceeding 10 g;
    e. Gravity meters (gravimeters) ``specially designed'' for a 
defense article enumerated on the USML or for a ``600 series'' ECCN, 
and having automatic motion compensation and an accuracy of less 
(better) than 2 mGal and greater (worse) than 1mGal.
    f. to w. [RESERVED]
    x. ``Parts,'' ``components,'' ``accessories,'' and 
``attachments'' that are ``specially designed'' for a commodity 
enumerated or otherwise described in ECCN 7A611 (except 7A611.y) or 
a guidance and control defense article in Category XII and not 
elsewhere specified on the USML, in 7A611.y, or 3A611.y.
    y. Specific ``parts,'' ``components,'' ``accessories,'' and 
``attachments'' ``specially designed'' for a commodity subject to 
control in this ECCN or a guidance and control defense article in 
Category XII and not elsewhere specified on the USML or in the CCL, 
as follows, and ``parts,'' ``components,'' ``accessories,'' and 
``attachments'' ``specially designed'' therefor:
    y.1 [RESERVED]
0
47. In Supplement No. 1 to part 774, Category 7, add ECCN 7B611 between 
ECCNs 7B103 and 7B994, to read as follows:

7B611 Test, inspection, and production ``equipment'' and related 
commodities ``specially designed'' for military guidance and control 
equipment, as follows (see List of Items Controlled).

[[Page 25820]]

License Requirements

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

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 1.
RS applies to entire entry................  RS Column 1.
MT applies to ``equipment'' and related     MT Column 1.
 commodities ``specially designed'' for
 commodities controlled for MT reasons in
 7A611.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: $1500
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any item in 7B611.

List of Items Controlled

Related Controls: (1) See Related Controls in ECCNs 6A007, 7A001, 
7A002, 7A003, 7A101, and 7A102. (2) See ECCN 0A919 for foreign-made 
``military commodities'' that incorporate more than a de minimis 
amount of U.S. origin ``600 series'' controlled content.
Related Definitions: N/A
Items:

    a. Test, inspection, and production ``equipment'' ``specially 
designed'' for the ``development,'' ``production,'' repair, 
overhaul, or refurbishing of commodities controlled in ECCN 7A611 or 
guidance and control equipment in USML Category XII that are not 
enumerated in USML Category XII or ``600 series'' ECCN.
    b. Environmental test facilities ``specially designed'' for the 
certification, qualification, or testing of commodities controlled 
in ECCN 7A611 (except 7A611.y) or guidance and control equipment in 
USML Category XII that are not enumerated in USML Category XII or 
``600 series'' ECCN.
    c. to w. [RESERVED]
    x. ``Parts,'' ``components,'' ``accessories,'' and 
``attachments'' that are ``specially designed'' for a commodity 
listed in this entry and that are not enumerated on the USML or 
controlled by another ``600 series'' ECCN.
0
48. In Supplement No. 1 to part 774, Category 7, add ECCN 7D611 between 
ECCNs 7D103 and 7D994, to read as follows:

7D611 ``Software'' ``specially designed'' for the ``development,'' 
``production,'' operation, or maintenance of commodities controlled 
by 7A611 or equipment controlled by 7B611 (see List of Items 
Controlled).

License Requirements

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

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry except 7D611.y.  NS Column 1.
RS applies to entire entry except 7D611.y.  RS Column 1.
MT applies to ``software'' ``specially      MT Column 1.
 designed'' for the ``development,''
 ``production,'' operation, or maintenance
 of commodities controlled for MT reasons
 in 7A611 or 7B611.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry except 7D611.y.  See Sec.   746.1(b) for UN
                                             controls.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: (1) Paragraph (c)(1) of License Exception STA (Sec.  
740.20(c)(1) of the EAR) may not be used for ``development'' or 
``production'' ``software'' in 7D611.a. (2) Paragraph (c)(2) of 
License Exception STA (Sec.  740.20(c)(2) of the EAR) may not be 
used for any software in 7D611.

List of Items Controlled

Related Controls: (1) ``Software'' directly related to articles 
enumerated in USML Category XII is subject of USML paragraph XII(f). 
(2) See Related Controls in ECCNs 6A007, 7A001, 7A002, 7A003, 7A101, 
and 7A102. (3) See ECCN 0A919 for foreign-made ``military 
commodities'' that incorporate more than a de minimis amount of U.S. 
origin ``600 series'' controlled content.
Related Definitions:
Items:

    a. ``Software'' ``specially designed'' for the ``development,'' 
``production,'' operation or maintenance of commodities controlled 
by ECCNs 7A611 (except 7A611.y) or 7B611.
    b. to x. [RESERVED]
    y. Specific ``software'' ``specially designed'' for the 
``production,'' ``development,'' or operation or maintenance of 
commodities described in 7A611.y.

0
49. In Supplement No. 1 to part 774, Category 7, add ECCN 7E611 between 
ECCNs 7E104 and 7E994, to read as follows:

7E611 ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair, 
overhaul or refurbishing of commodities controlled by 7A611, 
equipment controlled by 7B611, or software controlled by 7D611, as 
follows (see List of Items Controlled).

License Requirements

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

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry except 7E611.y.  NS Column 1.
RS applies to entire entry except 7E611.y.  RS Column 1.
MT applies to ``technology'' ``required''   MT Column 1.
 for the ``development,'' ``production,''
 operation, installation, maintenance,
 repair, overhaul, or refurbishing of
 commodities or software controlled for MT
 reasons in 7A611, 7B611, or 7D611.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry except 7E611.y.  See Sec.   746.1(b) for UN
                                             controls.
 

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: (1) Paragraph (c)(1) of License Exception STA (Sec.  
740.20(c)(1) of the EAR) may not be used for ``development'' or 
``production'' ``technology'' in 7E611.a. (2) Paragraph (c)(2) of 
License Exception STA (Sec.  740.20(c)(2) of the EAR) may not be 
used for any technology in 7E611.

List of Items Controlled

Related Controls: Technical data directly related to articles 
enumerated in USML Category XII are subject to the control of USML 
Category XII(f).
Related Definitions: N/A
Items:

    a. ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair, 
overhaul, or refurbishing of commodities or ``software'' controlled 
by ECCNs 7A611 (except 7A611.y), 7B611, or 7D611 (except 7D611.y).
    b. through x. [RESERVED]
    y. Specific ``technology'' ``required'' for the ``production,'' 
``development,'' operation, installation, maintenance, repair, or 
overhaul of commodities or software controlled by ECCNs 7A611.y or 
7D611.y.

0
50. In Supplement No. 1 to part 774, Category 7, ECCN 8A002 is amended 
by revising the Related Controls paragraph in the List of Items 
Controlled section, to read as follows:


[[Page 25821]]


8A002 Marine systems, equipment, ``parts'' and ``components,'' as 
follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Related Controls: (1) See also 8A992 and for underwater 
communications systems, see Category 5, Part I--Telecommunications. 
(2) See also 8A992 for self-contained underwater breathing apparatus 
that is not controlled by 8A002 or released for control by the 
8A002.q Note. (3) For electronic imaging systems ``specially 
designed'' or modified for underwater use incorporating image 
intensifier tubes specified by 6A002.a.2.a or 6A002.a.2.b, see 
6A003.b.3. (4) For electronic imaging systems ``specially designed'' 
or modified for underwater use incorporating ``focal plane arrays'' 
specified by 6A002.a.3.g, see 6A003.b.4.c. (5) Section 744.9 imposes 
a license requirement on commodities described in 8A002.d.1.c or 
.d.2 if being exported, reexported, or transferred (in-country) for 
use by a military end-user or for incorporation into an item 
controlled by ECCN 0A919.
* * * * *

    Dated: April 16, 2015.
Kevin J. Wolf,
Assistant Secretary of Commerce for Export Administration.
[FR Doc. 2015-10353 Filed 5-4-15; 8:45 am]
 BILLING CODE 3510-33-P