Revisions to the Export Administration Regulations Based on the 2008 Missile Technology Control Regime Plenary Additions, 57581-57585 [E9-26961]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security
• Industry and Security Bureau

[Federal Register Volume 74, Number 215 (Monday, November 9, 2009)]
[Rules and Regulations]
[Pages 57581-57585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-26961]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 090126060-91251-01]
RIN 0694-AE53


Revisions to the Export Administration Regulations Based on the 
2008 Missile Technology Control Regime Plenary Additions

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the 
Export Administration Regulations (EAR) to reflect changes to the 
Missile Technology Control Regime (MTCR) Annex that were accepted by 
MTCR member countries at the November 2008 Plenary in Canberra, 
Australia. In addition, this rule also clarifies certain EAR controls 
to properly reflect the intent of changes to items that were previously 
accepted by MTCR members at past MTCR Plenary meetings.

DATES: Effective Date: This rule is effective November 9, 2009. 
Although there is no formal comment period, public comments on this 
regulation are welcome on a continuing basis.

ADDRESSES: You may submit comments, identified by RIN 0694-AE53, by any 
of the following methods:
    E-mail: publiccomments@bis.doc.gov Include ``RIN 0694-AE53'' in the 
subject line of the message.
    Fax: (202) 482-3355. Please alert the Regulatory Policy Division, 
by calling (202) 482-2440, if you are faxing comments.
    Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of 
Commerce, Bureau of Industry and Security, Regulatory Policy Division, 
14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230, 
Attn: RIN 0694-AE53.
    Send comments regarding the collection of information associated 
with this rule, including suggestions for reducing the burden, to 
Jasmeet Seehra, Office of Management and Budget (OMB), by e-mail to 
Jasmeet_K._Seehra@omb.eop.gov, or by fax to (202) 395-7285; and to 
the U.S. Department of Commerce, Bureau of Industry and Security, 
Regulatory Policy Division, 14th St. & Pennsylvania Avenue, NW., Room 
2705, Washington, DC 20230. Comments on this collection of information 
should be submitted separately from comments on the final rule (i.e. 
RIN 0694-AE53)--all comments on the latter should be submitted by one 
of the three methods outlined above.

FOR FURTHER INFORMATION CONTACT: Dennis L. Krepp, Nuclear and Missile 
Technology Controls Division, Bureau of Industry and Security, 
Telephone: (202) 482-1309.

SUPPLEMENTARY INFORMATION:

Background

    The Missile Technology Control Regime (MTCR) is an export control 
arrangement among 34 nations, including most of the world's advanced 
suppliers of ballistic missiles and missile-related materials and 
equipment. The regime establishes a common export control policy based 
on a list of controlled items (the Annex) and on guidelines (the 
Guidelines) that member countries implement in accordance with their 
national export controls. The goal of maintaining the Annex and the 
Guidelines is to stem the flow of missile systems capable of delivering 
weapons of mass destruction to the global marketplace.
    While the MTCR was originally created to prevent the spread of 
missiles capable of carrying a nuclear warhead, it was expanded in 
January 1993 to also address threats associated with delivery systems 
for chemical and biological weapons. MTCR members voluntarily pledge to 
adopt the regime's export Guidelines and to restrict the export of 
items contained in the regime's Annex. The implementation of the 
regime's Guidelines is effectuated through the national export control 
laws and policies of the regime members.
    In January 1993, complete rocket systems and unmanned aerial 
vehicle systems that were capable of a ``range'' equal to or greater 
than 300 km, regardless of the payload, were added to the MTCR Annex 
(Category II, Item 19). This was based on concerns of MTCR members that 
rocket systems and unmanned aerial vehicle systems that were capable of 
a ``range'' equal to or greater than 300 km, but that did not meet the 
500 kg ``payload'' parameter from Category I of the MTCR Annex, were a 
proliferation concern. ``Missiles'' are defined in Sec.  772.1 of the 
EAR as being capable of delivering at least 500 kilograms payload to a 
range of at least 300 kilometers. To supplement the change made in 
1993, the MTCR members decided at the 2008 Plenary to clarify the 
controls applicable to ECCN 2B116 by making it clear that the items in 
this ECCN were controlled when used in systems that were capable of a 
range of at least 300 km, regardless of the payload capacity. For 
consistency with the MTCR Annex, this same language also needed to be 
added to ECCN 1B101. Therefore, this rule clarifies the scope of these 
ECCNs by adding the new language ``capable of a range of at least 300 
km'' to these ECCNs.

Amendments to the Export Administration Regulations

    This final rule revises the Export Administration Regulations (EAR) 
to reflect changes to the MTCR Annex accepted at the November 2008 
Plenary in Canberra, Australia. In addition, this rule also clarifies 
certain EAR controls to properly reflect the intent of changes to items 
previously accepted by MTCR members at past MTCR Plenary meetings. 
Corresponding MTCR Annex references are provided below for the MTCR 
Annex changes accepted at the November 2008 Plenary.
    This rule amends the Commerce Control List (CCL) (Supplement No. 1 
to

[[Page 57582]]

Part 774 of the EAR) to reflect changes to the MTCR Annex. 
Specifically, the following Export Control Classification Numbers 
(ECCNs) are affected:
    The heading of ECCN 1B101 is amended by revising the heading to add 
the text ``usable for rockets, missiles, or unmanned aerial vehicles 
capable of achieving a ``range'' equal to or greater than 300 km and 
their subsystems''. This change makes it clear that this ECCN controls 
this type of equipment only if it is usable for these types of systems 
and their subsystems. This change is expected to have a minimal impact 
on license applications.
    Also under ECCN 1B101, paragraph (a) is amended by adding 
additional text to expand the scope of equipment controlled in this 
entry (MTCR Annex Change Category II: Item 6.B.1.a). Paragraph (a) is 
amended to add certain fiber placement machines to the types of 
equipment controlled under paragraph (a). This change is being made 
because a determination was made by the MTCR members that in addition 
to certain filament winding machines, certain fiber placement machines 
are also a concern for missile proliferation. BIS expects this change 
to result in a slight increase in the number of license applications 
submitted.
    The License Requirements and ``items'' paragraph of ECCN 1C011 are 
amended to correct the text by deleting the reference to boron carbide 
and replacing it with boron alloy in the MT control section of this 
ECCN, and by making conforming changes to the MT and NS License 
Requirements for this ECCN. This is a change made to conform to the 
MTCR Annex. The correct language from the MTCR Annex is boron alloy, 
but because 1C001.b is also a National Security (NS) controlled 
paragraph that correctly uses the text boron carbide for the NS portion 
of the control, this rule needed to add the correct text for the MT 
controlled boron alloy. To effect this change, reference to boron alloy 
was included in a new ``items'' paragraph in this ECCN (1C011.e), but 
reference to boron carbide is retained in the NS control section of 
this ECCN. Paragraph 1C011.b still controls boron for MT reasons, and 
therefore, to conform with the text of the MTCR Annex, this rule 
clarifies the MT control to make it clear what portion of paragraph 
1C011.b is MT controlled. This rule also revises the NS control section 
of 1C011 to specify that the NS control applies to the entire entry, 
with the exception of 1C011.e. This change is expected to have no 
impact on license applications.
    The heading of ECCN 2B116 is amended by including the text ``usable 
for rockets, missiles, or unmanned aerial vehicles capable of achieving 
a ``range'' equal to or greater than 300 km and their subsystems'' 
(MTCR Annex Change Category II: Item 15.B.1). This change makes it 
clear that this ECCN controls these vibration test systems and 
equipment only if they are usable for these types of systems and their 
subsystems. This change is expected to have a minimal impact on license 
applications.
    Also under ECCN 2B116, paragraph (b) is amended by adding text to 
clarify the scope of the entry (MTCR Annex Change Category II: Item 
15.B.1.b). Specifically, this rule adds the word ``control'' after the 
word ``real-time'' to clarify that the bandwidth that is within the 
scope of this ECCN entry is `real-time control bandwidth'. This change 
is being made for consistency with the MTCR Annex and to provide better 
guidance to the public regarding the intent of this control. BIS 
expects this change to have a minimal impact on license applications.
    Also under ECCN 2B116, this rule adds a new technical note to the 
``items'' paragraph to provide an ECCN-specific definition of `real-
time control bandwidth', which is now defined as, ``the maximum rate at 
which a controller can execute complete cycles of sampling, processing 
data and transmitting control signals'' (MTCR Annex Change Category II: 
Technical note to Item 15.B.1.b) This new definition will assist the 
public in understanding the scope of this revised control parameter. 
BIS expects this change to have a minimal impact on license 
applications.
    Paragraph (b) of ECCN 2B120 is amended by adding text to clarify 
the types of motion simulators/rate tables classified under this entry. 
Specifically, this rule clarifies that the motion simulators/rate 
tables controlled under this ECCN entry include motion simulators/rate 
tables designed or modified to incorporate sliprings or integrated non-
contact devices capable of transferring electrical power, signal 
information or both (MTCR Annex Change Category II: Item 9.B.2.c.2). 
This change is being made to provide for consistency with the MTCR 
Annex and to provide better guidance to the public regarding the intent 
of this control. Specifically, the additional text on sliprings is 
added for greater clarity regarding intent of the control, and the text 
on non-contact devices is added to reflect accepted provisions by the 
MTCR members. BIS expects this change to have a minimal impact on 
license applications.
    Also, in paragraph (c)(3) of ECCN 2B120, this rule adds quotation 
marks around the term ``accuracy'' to indicate that this CCL term is a 
defined term in Sec.  772.1 of the EAR (MTCR Annex Change Category II: 
Item 9.B.c.3.c). BIS expects this change to have no impact on license 
applications, as BIS has always interpreted this term according to the 
definition in Sec.  772.1.
    Paragraph (b) of ECCN 2B121 is amended by adding quotation marks 
around the term ``accuracy'' to indicate that this CCL term is a 
defined term in Sec.  772.1 of the EAR (MTCR Annex Change Category II: 
Item 9.B.2.d.2). BIS expects this change to have no impact on license 
applications, as BIS has always interpreted this term according to the 
definition in Sec.  772.1.
    The heading of ECCN 2B122 is amended by adding text to clarify the 
types of centrifuges classified under this entry. Specifically, this 
rule clarifies that the centrifuges controlled under this ECCN heading 
include centrifuges designed or modified to incorporate sliprings or 
integrated non-contact devices capable of transferring electrical 
power, signal information or both (MTCR Annex Change Category II: Item 
9.B.2.e). This change is being made for consistency with the MTCR Annex 
and to provide better guidance to the public regarding the intent of 
this control. Specifically, the additional text on sliprings is added 
for greater clarity regarding intent of the control and the text on 
non-contact devices is added to reflect accepted provisions by the MTCR 
members. BIS expects this change to have a minimal impact on license 
applications.
    Paragraph (b)(2)(a) of ECCN 6A108 is amended by revising the 
control parameter for milliradians from 3 to 1.5 milliradians (MTCR 
Annex Change Category II: Item 12.A.5.b.1). BIS is changing this 
milliradian control threshold because the current text was based on an 
erroneous conversion factor and the MTCR members accepted that using 
1.5 milliradians would be sufficient to capture systems of concern for 
missile proliferation. BIS expects this change to have no impact on 
license applications.
    The MT ``control(s)'' paragraph in the License Requirements section 
of ECCN 7A003 is amended to clarify that the MT control applies to 
commodities in 7A003.d that meet or exceed the parameters of 7A103. 
Prior to the publication of this rule, the MT control applied to 
``items'' paragraphs a, b, c, and d of this ECCN entry. However, there 
is no corresponding control text in the MTCR Annex for ECCN 7A003 
``items'' paragraphs a, b and c. The

[[Page 57583]]

corresponding control text in the MTCR Annex for ECCN 7A003 only 
applies to ``items'' paragraph d of this ECCN entry, which this change 
clarifies. BIS expects this change to have no impact on license 
applications because the rule makes no change to the commodities 
controlled under this ECCN entry; the rule is limited to clarifying 
what portions of this ECCN entry are subject to MT controls.
    Paragraph (b) of ECCN 7A101 is amended to add text to clarify the 
scope of this ECCN entry (MTCR Annex Change Category II: Item 9.A.5). 
Specifically, this rule modifies the control parameter to clarify that 
only accelerometers that are designed for use in inertial navigation 
systems or in guidance systems of all types fall within the scope of 
this ECCN entry. Paragraph (b) of ECCN 7A101 is also amended to add a 
note to further clarify that the ECCN does not include accelerometers 
that are designed to measure vibration or shock (MTCR Annex Change 
Category II: Item 9.A.5). This change is being made to clarify what 
types of accelerometers are within the scope of this ECCN. This more 
precise text will clearly indicate to the public what accelerometers 
are within the scope of this ECCN. BIS expects these two changes to 
have no impact on license applications as BIS has always interpreted 
this ECCN in this manner.
    The heading of ECCN 7A102 is amended and new ``items'' paragraphs 
(a) and (b) are added to clarify the scope of this ECCN entry as it 
relates to gyros (MTCR Annex Change Category II: Item 9.A.5). 
Specifically this rule modifies the control parameter to clarify that 
only gyros that are designed for use in inertial navigation systems or 
in guidance systems of all types fall within the scope of this ECCN 
entry. BIS expects this change to have no impact on license 
applications as BIS has always interpreted this ECCN in this manner.
    Paragraph (a) of ECCN 7A103 is amended by redesignating the 
existing Note to paragraph (a) as Note 1 and adding a new Note 2 to 
clarify what ECCN 7A001 and 7A002 commodities are within the scope of 
``items'' paragraph (a) of ECCN 7A103. This new note clarifies that 
``items'' paragraph (a) does not control inertial or other equipment 
using accelerometers or gyros controlled by 7A001 or 7A002 that are 
only NS controlled.

Savings Clause

    Shipments of items removed from eligibility for a License Exception 
or export or reexport without a license (NLR) as a result of this 
regulatory action that were on dock for loading, on lighter, laden 
aboard an exporting or reexporting carrier, or en route aboard a 
carrier to a port of export or reexport, on November 9, 2009, pursuant 
to actual orders for export or reexport to a foreign destination, may 
proceed to that destination under the previous eligibility for a 
License Exception or export or reexport without a license (NLR) so long 
as they are exported or reexported before December 9, 2009. Any such 
items not actually exported or reexported before midnight, on December 
9, 2009, require a license in accordance with this rule.
    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as extended by the Notice of August 13, 2009 
(74 FR 41325 (August 14, 2009)), has continued the Export 
Administration Regulations in effect under the International Emergency 
Economic Powers Act.

Rulemaking Requirements

    1. This final rule has been determined to be significant for 
purposes of E.O. 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information, subject to the 
requirements of the Paperwork Reduction Act, unless that collection of 
information displays a currently valid Office of Management and Budget 
Control Number. This rule contains a collection of information subject 
to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This 
collection has been approved by the Office of Management and Budget 
under control number 0694-0088, ``Multi-Purpose Application,'' which 
carries a burden hour estimate of 58 minutes for a manual or electronic 
submission.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public participation, and a delay in effective date, are inapplicable 
because this regulation involves a military and foreign affairs 
function of the United States (5 U.S.C. 553(a)(1)). Further, no other 
law requires that a notice of proposed rulemaking and an opportunity 
for public comment be given for this final rule. Because a notice of 
proposed rulemaking and an opportunity for public comment are not 
required to be given for this rule under the Administrative Procedure 
Act or by any other law, the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore, 
this regulation is issued in final form.

List of Subjects in 15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

0
Accordingly, part 774 of the Export Administration Regulations (15 CFR 
parts 730-774) is amended as follows:

PART 774--[AMENDED]

0
1. The authority citation for 15 CFR part 774 continues to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; 
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 13, 2009, 74 Fed. Reg. 41325 (August 14, 
2009).


0
2. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'', 
Export Control Classification Number (ECCN) 1B101 is amended by 
revising the Heading and paragraph (a) of the ``items'' paragraph in 
the List of Items Controlled section, to read as follows:

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

* * * * *
    1B101 Equipment, other than that controlled by 1B001, for the 
``production'' of structural composites, fibers, prepregs or 
preforms, usable for rockets, missiles, or unmanned aerial vehicles 
capable of achieving a ``range'' equal to or greater than 300 km and 
their subsystems, as follows (see List of Items Controlled); and 
specially designed components, and accessories therefor.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Filament winding machines or fiber placement machines, of 
which the motions for positioning, wrapping and winding fibers can 
be coordinated and programmed in three or more axes, designed to 
fabricate composite structures or laminates from fibrous or 
filamentary materials, and coordinating and programming controls;
* * * * *

0
3. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals,

[[Page 57584]]

``Microorganisms'' & ``Toxins'', Export Control Classification Number 
(ECCN) 1C011 is amended:
0
a. By revising the License Requirements section;
0
b. By revising paragraph (d) of the ``items'' paragraph in the List of 
Items Controlled section; and
0
c. By adding paragraph (e) at the end of the ``items'' paragraph in the 
List of Items Controlled section, to read as follows:

    1C011 Metals and compounds, as follows (see List of Items 
Controlled). License Requirements.
    Reason for Control: NS, MT, AT

 
               Control(s)                          Country chart
 
NS applies to entire entry, except        NS Column 1.
 1C011.e.
MT applies to 1C011.a and .b (for boron)  MT Column 1.
 and .e.
AT applies to entire entry..............  AT Column 1.
 

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
* * * * *
    d. Nitroguanidine (NQ) (CAS 556-88-7);
    e. Boron alloys of 85% purity or higher and a particle size of 
60 [mu]m or less.


0
4. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B116 is amended:
0
a. By revising the Heading;
0
b. By revising paragraph (b) of the ``items'' paragraph in the List of 
Items Controlled section; and
0
c. By revising the Technical Notes at the end of the ``items'' 
paragraph in the List of Items Controlled section, to read as follows:

    2B116 Vibration test systems and equipment, usable for rockets, 
missiles, or unmanned aerial vehicles capable of achieving a 
``range'' equal to or greater than 300 km and their subsystems, and 
components therefor, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
* * * * *
    b. Digital controllers, combined with specially designed 
vibration test ``software'', with a `real-time control bandwidth' 
greater than 5 kHz and designed for use with vibration test systems 
described in 2B116.a;
    c. * * *
    d. * * *

    Technical Notes: 
    (1) `Bare table' means a flat table, or surface, with no fixture 
or fitting.
    (2) `Real-time control bandwidth' is defined as the maximum rate 
at which a controller can execute complete cycles of sampling, 
processing data and transmitting control signals.


0
5. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B120 is amended by revising paragraphs (b) and (c)(3) of the 
``items'' paragraph in the List of Items Controlled section, to read as 
follows:

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

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
* * * * *
    b. Designed or modified to incorporate sliprings or integrated 
non-contact devices capable of transferring electrical power, signal 
information, or both; and
    c. Having any of the following characteristics:
* * * * *
    c.3. A positioning ``accuracy'' equal to or better than 5 arc-
second.
* * * * *

0
6. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B121 is amended by revising paragraph (b) of the ``items'' 
paragraph in the List of Items Controlled section, to read as follows:

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

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
* * * * *
    b. A positioning ``accuracy'' equal to or better than 5 arc-
second.
* * * * *

0
7. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B122 is amended by revising the Heading, to read as follows:

    2B122 Centrifuges capable of imparting accelerations above 100 g 
and designed or modified to incorporate sliprings or integrated non-
contact devices capable of transferring electrical power, signal 
information, or both.
* * * * *


0
8. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A108 is amended by revising paragraph (b)(2)(a) of the 
``items'' paragraph in the List of Items Controlled section, to read as 
follows:

    6A108 Radar systems and tracking systems, other than those 
controlled by 6A008, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
* * * * *
    b.2. * * *
    b.2.a. Angular resolution better than 1.5 milliradians;
* * * * *

0
9. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A003 is amended by revising the MT ``Control(s)'' 
paragraph in the License Requirements section, to read as follows:

    7A003 Inertial Systems and specially designed components 
therefor. License Requirements.
    Reason for Control: * * *

 
                Control(s)                         Country chart
 
 
                                * * * * *
MT applies to commodities in 7A003.d that  MT Column 1.
 meet or exceed the parameters of 7A103.
 

* * * * *

0
10. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A101 is amended:
0
a. By revising paragraph (b) of the ``items'' paragraph in the List of 
Items Controlled section, and
0
b. By adding a new ``Note to paragraph (b)'' at the end of paragraph 
(b) of the ``items'' paragraph 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 components 
therefor.
* * * * *

[[Page 57585]]

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
* * * * *
    b. Accelerometers of any type, designed for use in inertial 
navigation systems or in guidance systems of all types, specified to 
function at acceleration levels greater than 100 g.

    Note to paragraph (b):  This paragraph (b) does not include 
accelerometers that are designed to measure vibration or shock.


0
11. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A102 is amended:
0
a. By revising the Heading, and
0
b. By revising the ``items'' 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 components therefor.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. All types of gyros, usable in rockets, missiles, or unmanned 
aerial vehicles capable of achieving a ``range'' equal to or greater 
than 300 km, with a rated ``drift rate'' `stability' of less than 
0.5 degrees (1 sigma or rms) per hour in a 1 g environment.
    b. Gyros of any type, designed for use in inertial navigation 
systems or in guidance systems of all types, specified to function 
at acceleration levels greater than 100 g.

    Technical Note:  In this entry, the term `stability' is defined 
as a measure of the ability of a specific mechanism or performance 
coefficient to remain invariant when continuously exposed to a fixed 
operating condition. (This definition does not refer to dynamic or 
servo stability.) (IEEE STD 528-2001 paragraph 2.247).


0
12. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A103 is amended by redesignating the Note as Note 1 and 
adding a Note 2 at the end of paragraph (a) of the ``items'' paragraph 
in the List of Items Controlled section, to read as follows:

    7A103 Instrumentation, navigation equipment and systems, other 
than those controlled by 7A003, and specially designed components 
therefor.
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. * * *

    Note 1:  7A103.a does not control equipment containing 
accelerometers specially designed and developed as MWD (Measurement 
While Drilling) sensors for use in down-hole well services 
operations.


    Note 2:  7A103.a does not control inertial or other equipment 
using accelerometers or gyros controlled by 7A001 or 7A002 that are 
only NS controlled.

* * * * *

    Dated: November 4, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E9-26961 Filed 11-6-09; 8:45 am]
BILLING CODE 3510-33-P