Implementation of the Wassenaar Arrangement's (WA) Task Force on Editorial Issues (TFEI) Revisions, 65662-65677 [E9-28985]
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Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Rules and Regulations
Definitions, Reports.’’ This rule
implements the remaining TFEI
revisions not included in either of the
aforementioned rules.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 772 and 774
Revisions to the Commerce Control List
[Docket No. 0908271249–91275–01]
RIN 0694–AE71
Implementation of the Wassenaar
Arrangement’s (WA) Task Force on
Editorial Issues (TFEI) Revisions
AGENCY: Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
SUMMARY: The Wassenaar Arrangement
(WA) Task Force on Editorial Issues
(TFEI) made revisions, editorial in
nature, to clarify, remove extraneous
text or correct text that appears in
Export Control Classification Numbers
(ECCNs) on the Commerce Control List
of the Export Administration
Regulations. The TFEI revisions (over
2,000) were agreed upon by the WA in
December 2007. The WA
implementation rules for 2007 and 2008
contain only the TFEI revisions that
coincided with the revisions to ECCNs
affected by the 2007 and 2008 WA
agreements. This rule implements the
remaining TFEI revisions.
DATES: Effective Dates: This rule is
effective: December 10, 2009.
FOR FURTHER INFORMATION CONTACT:
Sharron Cook, Office of Exporter
Services, Regulatory Policy Division
202–482–2440, scook@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
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Task Force on Editorial Issues (TFEI)
The Wassenaar Arrangement Task
Force on Editorial Issues (TFEI) made
revisions, editorial in nature, to clarify,
remove extraneous text or correct text
that appears in the Wassenaar Dual-Use
List. This was assigned to the TFEI by
the Wassenaar Arrangement in order to
bring the Wassenaar Dual-Use List into
conformity with TFEI guidelines. The
TFEI revisions (over 2,000) were agreed
upon by the WA in December 2007.
Some of these revisions were made on
October 14, 2008 (73 FR 60910) in the
rule entitled ‘‘Wassenaar Arrangement
Plenary Agreements Implementation:
December 2007 Categories 1, 2, 3, 5
Parts I and II, 6, 7, and 9 of the
Commerce Control List, Definitions;
December 2006 Solar Cells.’’ More of
these revisions are made in the rule
entitled ‘‘Wassenaar Arrangement 2008
Plenary Agreements Implementation:
Categories 1, 2, 3, 4, 5 Parts I and II, 6,
7, 8 and 9 of the Commerce Control List,
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This rule revises a number of entries
on the Commerce Control List (CCL) to
implement the 2007 and 2008 WA TFEI
agreed revisions to the Wassenaar List of
Dual Use Goods and Technologies. As
described below, the amendments apply
to ECCNs 1A001, 1B001, 1C001,
1C002,1C003, 1C004, 1C005, 1C007,
1C009, 1C011, 1C012, 2A001, 2B001,
2B004, 2B005, 2B009, 2E003, 3A002,
3B002, 3C001, 3C003, 3D002, 3D003,
3D004, 3E002, 3E003, 4A001, 4A003,
4A004, 6A007, 6B004, 6B008, 6C002,
6C004, 6C005, 6E003, 7A001, 7A002,
7A004, 7A006, 7A008, 7B001, 7B002,
7D002, 7D003, 7E001, 7E003, 7E004,
8B001, 8C001, 8D001, 8E001, 8E002,
9A001, 9A002, 9A003, 9A005, 9A006,
9A010, 9A011, 9B001, 9B002, 9B003,
9B004, 9B005, 9B007, 9B009, 9B010,
9D001, 9D003, 9D004, 9E001, and
9E003.
Category 1 Special Materials and
Related Equipment, Chemicals,
‘‘Microorganisms,’’ and Toxins
ECCN 1A001 is amended by:
a. Adding two commas to 1A001.a to
clarify that the modifiers in the sentence
apply to each of the listed items;
b. Adding two commas to 1A001.b to
clarify that the modifiers in the sentence
apply to each of the listed items; and
c. Adding a comma to 1A001.c to
clarify that the modifier in the sentence
applies to each of the listed items.
ECCN 1B001 is amended by:
a. Adding a comma to the Heading to
clarify that the modifier applies to each
item listed before it;
b. Adding a comma in 1B001.a, .b,
and .c to clarify that the modifier
applies to each item listed before it; and
c. Adding two commas in 1B001.d.2
to clarify that the modifier applies to
each item listed before it.
ECCN 1C001 is amended by:
a. Removing the word
‘‘characteristics’’ from Note 1.c because
it was unnecessary;
b. Adding the phrase ‘‘all of the
following’’ to Note 1.d to clarify that all
the parameters of the subparagraphs
apply; and
c. Adding single quotes around the
two terms in 1C001.c and the Technical
Note that follows 1C001.c.5 to indicate
these terms are defined in this entry.
ECCN 1C002 is amended by:
a. Replacing the word ‘‘or’’ with
‘‘and’’ in the Note to harmonize with the
WA text;
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b. Adding a comma in the Note to
clarify that the modifier applies to each
of the items before it;
c. Adding single quotes around two
terms in the Technical Notes to indicate
that these terms are defined in the entry;
d. Replacing words ‘‘percent’’ with
‘‘% by’’ in 1C002.a.1 and a.2 to clarify
the meaning of the text;
e. Replacing ‘‘with’’ with ‘‘having any
of the following’’ for clarity of meaning
in 1C002.b.1, b.2, and b.3;
f. Adding single quotes around terms
in 1C002.b.1, b.2, and b.3 to indicate
that these terms are defined in the entry;
g. Replacing ‘‘with a tensile strength
of:’’ with ‘‘having any of the following’’
in 1C002.b.4, because we moved
‘‘tensile strength’’ into the
subparagraphs for clarity;
h. Replacing ‘‘with a tensile strength
of:’’ with ‘‘having all of the following’’
in 1C002.b.5 to clarify the text;
i. Removing the word
‘‘characteristics’’ in 1C002.c, because it
was superfluous;
j. Removing the word ‘‘and’’ from
1C002.c.1.e because it was superfluous;
k. Adding an ‘‘and’’ in 1C002.c.2.g to
conform to the WA text;
l. Adding paragraph 1C002.c.3 to
conform to the WA text;
m. Removing the term
‘‘characteristics’’ in 1C002.d because it
is superfluous; and
n. Replacing ‘‘in’’ with ‘‘by’’ in
1C002.d.1 to conform to WA text.
ECCN 1C003 is amended by:
a. Replacing the word
‘‘characteristics’’ with ‘‘following’’ in
the Heading for clarity;
b. Removing the superfluous word
‘‘characteristics’’ in 1C003.b and .c, and
removing a superfluous comma in
1C003.b;
c. Adding single quotes around
‘nanocrystalline’ in 1C003.c and the
Technical Note to indicate that this term
is defined in this entry; and
d. Replacing the word ‘‘percent’’ with
the percent symbol in 1C003.c.1 for
clarity.
ECCN 1C004 is amended by replacing
the word ‘‘characteristics’’ with
‘‘following’’ in the Heading to clarify the
text.
ECCN 1C005 is amended by adding
single quotes around the term
‘filaments’ in 1C005.a, .b, .c, and the
Technical Note to indicate that the term
is defined in this entry.
ECCN 1C006 is amended by:
a. Removing the phrase ‘‘compounds
or materials’’ from 1C006.a, .b and .c
because it was superfluous;
b. Adding single quotes around the
term ‘silahydrocarbon oils’ in 1C006.a.1
and Technical Note to indicate that this
term is defined in the entry;
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c. Adding single quotes around
multiple terms in 1C006.a to indicate
that these terms are defined in this
entry;
d. Moving a Technical Note from after
1C006.d to 1C006.a to place it closer in
location to where the terms are used in
this entry;
e. Adding a comma in 1C006.c to
clarify that the modifier applies to both
the listed items before it;
f. Removing a comma in 1C006.d to
correct the punctuation; and
g. Removing the word
‘‘characteristics’’ from 1C006.d because
it was superfluous.
ECCN 1C007 is amended by adding a
comma to 1C007.a to indicate that the
modifier applies to all the items before
it.
ECCN 1C009 is amended by deleting
a superfluous comma in the Heading.
ECCN 1C011 is amended by:
a. Replacing the words ‘‘of these’’
with ‘‘thereof’’ in 1C011.a to clarify the
text; and
b. Revising the identical Notes after
1C011.a and .b by adding the phrase
‘‘also refer to’’, removing the phrase ‘‘are
controlled whether or not the’’ and the
word ‘‘are’’ to clarify the text.
ECCN 1C012 is amended by reindexing the Note 1C012.a, and adding
double quotes around the term
‘‘previously separated’’ in 1C012.b to
indicate that it is defined in Part 772.
Category 2 Materials Processing
ECCN 2A001 is amended by:
a. Removing the redundant Note at
the beginning of the Items paragraph in
the List of Items Controlled section, and
replacing ‘‘tolerance’’ with ‘‘tolerances’’
to correct the grammar in the Note; and
b. Adding commas to indicate the
modifiers apply to each item listed
before it in 2A001.a and .b.
ECCN 2B001 is amended by removing
a superfluous comma in the Note
following 2B001.c.
ECCN 2B004 is amended by:
a. Removing a comma from the
Heading to correct the punctuation; and
b. Adding the word ‘‘Having’’ in
2B004.b to harmonize with WA text.
ECCN 2B005 is amended by:
a. Adding a comma to Note 1 of the
Related Controls paragraph of the List of
Items Controlled section;
b. Adding the word ‘‘A’’ to 2B005.a.1
to clarify the text;
c. Adding the word ‘‘Having’’ to
2B005.a.2 to clarify the text;
d. Adding the missing word
‘‘deposition’’, and replacing a comma
with the word ‘‘and’’ in 2B005.c to
conform to the WA text;
e. Removing the word
‘‘characteristics’’ in 2B005.d, because it
is superfluous; and
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f. Adding the missing word
‘‘production’’ in 2B005.f to conform to
the WA text.
ECCN 2B009 is amended by moving a
phrase from the middle of the sentence
to the beginning to clarify the text of the
Technical Note following 2B009.b.
ECCN 2E003 is amended by:
a. Removing single quotes and
replacing upper case with lower case
letter in the phrase ‘‘Resultant Coating’’
in the Nota Bene after 2E003.f, because
it was not a defined term in this entry;
and
b. Removing the capitalization from
the phrase ‘coating process’ in the Nota
Bene after 2E003.f to correct the
capitalization.
Notes to Table on Deposition
Techniques in Category 2 are amended
by:
a. In Note 5, replacing the word
‘‘percent’’ with the percent symbol in
multiple places;
b. Replacing ‘‘this category’’ with
‘‘Category 2’’ in Note 10 to conform to
the WA text; and
c. Adding two commas and an ‘‘or’’ to
Note 17 to conform to the WA text.
Category 3
Electronics
ECCN 3A002 is amended by replacing
the word ‘‘includes’’ with ‘‘include’’ in
Note 1 that follows 3A002.d.4 to correct
the grammar.
ECCN 3B002 is amended by removing
commas to correct the punctuation in
the Heading.
ECCN 3C001 is amended by:
a. Removing the definition in the
Related Definitions paragraph of the List
of Items Controlled section, because this
term is defined in Part 772;
b. Adding chemical symbols in
3C001.a, .b, and .c for clarity; and
c. Adding double quotes around the
term ‘‘III/V compounds’’ in 3C001.d to
indicate that this term is defined in Part
772.
ECCN 3C003 is amended by:
a. Removing a comma in the Heading
to correct the punctuation; and
b. Adding a comma in 3C003.a and .b
to indicate that the modifier applies to
each item listed before it.
ECCN 3D002 is amended by removing
the subparagraphs in the Items
paragraph of the List of Items Controlled
and adding them to the Heading.
ECCN 3D003 is amended by adding
single quotes around the term ‘Physicsbased’ in the Heading to indicate that
the term is defined in the entry.
ECCN 3D004 is amended by removing
the superfluous word ‘‘the’’ from the
Heading.
ECCN 3E002 is amended by:
a. Adding single quotes around the
term ‘vector processor unit’ in 3E002.a
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65663
and the Technical Note, as well as
changing the word ‘‘processing’’ to read
‘‘processor’’ in the Technical Note;
b. Adding double quotes around the
term ‘‘signal processing’’ in 3E002.c to
indicate that this term is defined in Part
772; and
c. Adding double quotes around the
term ‘‘technology’’ in the Note to
3E002.c to indicate that this term is
defined in Part 772.
ECCN 3E003 is amended by:
a. Revising the Heading to conform to
WA text; and
b. Adding double quotes around the
term ‘‘technology’’ in the Note to
3E003.b to indicate that this term is
defined in Part 772.
Category 4
Computers
ECCN 4A001 is amended by:
a. Revising the Heading to conform to
WA text;
b. Replacing the word ‘‘either’’ to read
‘‘any’’ in 4A001.a to conform to WA
text;
c. Removing the superfluous word
‘‘characteristics’’ in 4A001.a; and
d. Adding the word ‘‘or’’ to 4A001.a.1
to conform with WA text.
ECCN 4A003 is amended by:
a. Removing a comma in the Heading
to correct the punctuation;
b. Replacing the alphabetic indexing
with hyphens in Note 1;
c. Adding single quotes around the
term ‘vector processors’ and adding a
parenthetical statement to indicate the
location of the definition; and
d. Replacing double quotes with
single quotes around the terms
‘Adjusted Peak Performance’ and ‘APP’
in 4A003.b and .c to indicate that this
term is defined in the Technical Note on
the ‘Adjusted Peak Performance’ located
at the end of Category 4.
ECCN 4A004 is amended by removing
the comma in the Heading to correct the
punctuation.
Technical Note on ‘‘Adjusted Peak
Performance’’ (‘‘APP’’) is amended by
adding double quotes around the
abbreviation ‘‘APP’’ throughout the
Technical Note, and replacing the
double quotes with single quotes around
the term ‘vector processor(s)’ in Notes 4
and 7.
Category 6
Sensors
ECCN 6A007 is amended by:
a. Adding the word ‘‘and’’ in 6A007.a
and .b to conform to WA text; and
b. Removing the phrase ‘‘for ground,
marine, submersible, space or airborne
use,’’ from 6A007.b to conform to the
WA text.
ECCN 6B004 is amended by removing
a superfluous comma in the Heading to
correct the punctuation.
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ECCN 6B008 is amended by adding a
comma to the Heading to correct the
punctuation.
ECCN 6C002 is amended by:
a. Removing a superfluous comma in
the Heading to correct the punctuation;
and
b. Adding single quotes around the
term ‘‘mole fraction’’ in 6C002.b.1 and
the Technical Note that follows to
indicate that this term is defined in the
entry.
ECCN 6C004 is amended by:
a. Removing a superfluous commas in
Heading;
b. Replacing a comma with the word
‘‘and’’ in 6C004.a and .e to conform to
the WA text;
c. Replacing ‘‘having’’ with ‘‘and’’ in
6C004.a.2;
d. Adding the phrase ‘‘any of’’ in
6C004.b to conform to WA text; and
e. Adding an ‘‘or’’ in 6C004.b.2 to
conform to the WA text.
ECCN 6C005 is amended by removing
a superfluous comma in the Heading to
correct the punctuation.
ECCN 6E003 is amended by:
a. Removing a superfluous commas in
the Heading and 6E003.d to correct the
punctuation;
b. Moving the word ‘‘optics’’ from
inclusion in 6D003.d to above 6D003.d
to read ‘‘Optics’’ in order to create a
section heading within the list; and
c. Adding a comma in 6E003.d.1 to
correct the punctuation.
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Category 7
Navigation and Avionics
ECCN 7A001 is amended by:
a. Removing superfluous commas
from the Heading and 7A001.a.1 and
a.2;
b. Replacing a period with a semicolon in 7A001.a.3 to correct the
punctuation; and
c. Adding a comma in 7A001.b to
correct punctuation.
ECCN 7A002 is amended by:
a. Removing a superfluous comma
and the word ‘‘characteristics’’ from the
Heading to conform with WA text;
b. Adding single quotes around the
phrase ‘spinning mass gyros’ in the Note
that follows 7A002.b to indicate that the
term is defined in the entry; and
c. Moving the parenthetical phrase
from the Note after 7A002.b into a new
Technical Note to conform with the WA
text.
ECCN 7A004 is amended by removing
a superfluous comma from the Heading
to correct the punctuation.
ECCN 7A006 is amended by replacing
a comma with the word ‘‘and’’ and
removing the word ‘‘characteristics’’ in
the Heading to conform to the WA text.
ECCN 7A008 is amended by replacing
a comma with the word ‘‘and’’ and
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removing two commas in the Heading to
correct the grammar.
ECCN 7B001 is amended by:
a. Adding a comma to the Heading to
correct the punctuation;
b. Adding single quotes to the terms
‘Maintenance Level I’ and ‘Maintenance
Level II’ in the Related Controls and
Related Definitions paragraphs of the
List of Items Controlled section because
those terms are defined in the entry; and
c. Adding capitalization to ‘‘Line
Replaceable Unit’’ and ‘‘Shop
Replaceable Assembly’’ in the Related
Definitions paragraph of the List of
Items Controlled section to conform
with the WA text.
ECCN 7B002 is amended by moving
the phrase ‘‘as follows (see List of Items
Controlled)’’ to the end of the Heading
and removing a superfluous comma to
correct the punctuation.
ECCN 7D002 is amended by:
a. Adding a comma and removing the
parenthetical to the Heading to conform
with WA text;
b. Adding single quotes around the
term ‘AHRS’ in the Heading and in the
Related Controls and Related
Definitions paragraphs in the List of
Items Controlled section to indicate that
this term is defined in this entry; and
c. Capitalizing ‘‘Inertial Navigation
Systems’’ in the Related Definitions
paragraph of the List of Items Controlled
section to conform to WA text.
ECCN 7D003 is amended by:
a. Removing a superfluous comma
from the Heading to correct the
punctuation;
b. Replacing the word ‘‘that’’ with
‘‘which’’ in 7D003.b and .c to conform
to WA text;
c. Capitalizing the term ‘‘ComputerAided-Design’’ in 7D003.e to conform to
WA text; and
d. Adding a comma in 7D003.e to
correct the punctuation.
ECCN 7E001 is amended by adding a
comma in the Heading to correct the
punctuation.
ECCN 7E003 is amended by clarifying
the text in the Related Definitions
section of the List of Items Controlled
section.
ECCN 7E004 is amended by:
a. Removing a superfluous comma
from the Heading to correct the
punctuation;
b. Adding the phrase ‘‘any of the
following’’ to 7E004.a to conform with
the WA text;
c. Replacing the word ‘‘that’’ with
‘‘which’’ in 7E004.a.2 and c.1 to
conform to the WA text;
d. Adding commas to 7E004.a.3, a.4,
a.7, b.5, Note to 7E004.b.5, b.6, c.1, and
c.3 to correct the punctuation; and
e. Adding the word ‘‘or’’ to 7E004.a.6
to conform with WA text.
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Category 8 Marine
ECCN 8B001 is amended by removing
a comma and replacing a comma with
the word ‘‘and’’ in the Heading to
conform with WA text.
ECCN 8C001 is amended by:
a. Adding single quotes around
‘syntactic foam’ in the Heading and in
the Related Definitions paragraph in the
List of Items Controlled section, to
indicate that the term is defined in the
entry; and
b. Replacing a comma with the word
‘‘and’’ in the Heading to conform with
WA text.
ECCN 8D001 is amended by adding a
comma in the Heading to correct the
punctuation.
ECCN 8E001 is amended by adding a
comma in the Heading to correct the
punctuation.
ECCN 8E002 is amended by removing
a superfluous comma from Heading to
correct the punctuation.
Category 9 Propulsion Systems, Space
Vehicles and Related Equipment
Product Group A is amended by
revising the Nota Bene that appears at
the beginning by adding the missing
word ‘‘radiation’’ to conform with the
WA text.
ECCN 9A001 is amended by:
a. Re-indexing the Note that follows
9A001.a to conform to the WA text;
b. Replacing a period with a colon in
what is now paragraph b of Note to
9A001.a to correct the punctuation;
c. Removing capitalization on ‘‘type
certificate’’ in paragraph b.1 of Note to
9A001.a to conform with WA text; and
d. Adding a comma in 9A001.b to
correct the punctuation.
ECCN 9A002 is amended by adding
single quotes around the term ‘Marine
gas turbine engines’ in the Heading and
replacing double quotes with single
quotes around the same term in the
Related Definitions paragraph of the List
of Items Controlled section to conform
with the WA text.
ECCN 9A003 is amended by:
a. Replacing the phrase ‘‘, as follows’’
with ‘‘and having any of the following’’
in the Heading to conform with WA
text; and
b. Adding the word ‘‘or’’ in 9A003.a
to conform to WA text.
ECCN 9A005 is amended by adding a
comma to the Heading to correct the
punctuation.
ECCN 9A006 is amended by adding a
comma to the Heading to correct the
punctuation.
ECCN 9A010 is amended by adding a
comma to the Heading to conform with
WA text.
ECCN 9A011 is amended by adding a
comma to the Heading to conform with
WA text.
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ECCN 9B001 is amended by moving
the phrases ‘‘specially designed’’ and
‘‘as follows (see List of Items
Controlled)’’ within the Heading to
conform to WA text.
ECCN 9B002 is amended by adding
the word ‘‘and’’ to the Heading to
conform with WA text.
ECCN 9B003 is amended by removing
a superfluous comma from the Heading
to correct the punctuation.
ECCN 9B004 is amended by adding a
comma to the Heading to correct the
punctuation.
ECCN 9B005 is amended by:
a. Removing the phrase ‘‘wind tunnels
or devices’’ from the Heading to
conform with WA text; and
b. Moving the a phrase from 9B005.a
to a new Note for 9B005.a and adding
single quotes around the phrase ‘test
section size’ in that same Note and the
associated Technical Note because the
term is defined in the entry.
ECCN 9B007 is amended by adding
the word ‘‘and’’, capitalizing ‘‘NonDestructive Test’’ and removing the
capitalization on ‘‘x-ray’’ in the Heading
to conform with WA text;
ECCN 9B009 is amended by
capitalizing the phrase ‘‘Ultimate
Tensile Strength’’ in the Heading to
conform with WA text;
ECCN 9B010 is amended by adding a
comma to correct the punctuation in the
Heading.
ECCN 9D001 is amended by adding a
comma to correct the punctuation in the
Heading.
ECCN 9D003 is amended by
capitalizing and adding double quotes
around the phrase ‘‘Full Authority
Digital Electronic Engine Controls’’ in
the Heading to indicate that this term is
defined in Part 772. (Note: WA defines
this term under ‘‘FADEC’’)
ECCN 9D004 is amended by:
a. Removing commas from Heading
and 9D004.b to correct the punctuation;
b. Adding commas to 9D004.a, .d, .e,
and .g.2 to correct the punctuation;
c. Replacing periods with semi-colons
in 9D004.d and .e to correct the
punctuation;
d. Revising the Note to 9D004.d by
removing the word ‘‘uncontrolled’’ and
adding the phrase ‘‘not controlled in the
Commerce Control List (Supplement
No. 1 to Part 774)’’ to conform with the
WA text;
e. Removing the superfluous word
‘‘characteristics’’ from 9D004.g to
conform to the WA text; and
f. Removing the superfluous word
‘‘Being’’ and ‘‘Having’’ from 9D004.g.1
and g.2, respectively, to conform with
WA text.
Note at the beginning of Category 9
Group E is amended by adding the
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phrase ‘‘9E001 to 9E003’’ in the second
sentence and adding a period to the end
of the second sentence to conform to
WA text.
ECCN 9E001 is amended by:
a. Adding a comma to the Heading to
correct the punctuation; and
b. Removing the text in the Related
Definitions paragraph with ‘‘N/A’’
because this is redundant to the Note at
the beginning of Product Group E of
Category 9.
ECCN 9E003 is amended by:
a. Replacing a comma with the word
‘‘or’’ in 9E003.a to conform with WA
text;
b. Adding a comma in Note 1 to
9E003.a.10 to correct punctuation;
c. Adding single quotes to the term
‘incidence angle’ in the Technical Note
after 9E003.c.2.c to indicate that the
term is defined in the entry; and
d. Removing a comma from 9E003.f to
correct the punctuation.
Part 772 is amended by revising the
terms ‘‘specific modulus’’ and ‘‘specific
tensile strength’’ by adding a comma
after the term ‘‘N/m2’’ in each definition
to clarify the meaning.
Since August 21, 2001, the Act has
been in lapse. However, the President,
through Executive Order 13222 of
August 17, 2001 (3 CFR, 2001 Comp.
783 (2002)), which has been extended
by successive Presidential Notices, the
most recent being that of August 13,
2009 (74 FR 41,325 (August 14, 2009)),
has continued the Regulations in effect
under the International Emergency
Economic Powers Act (50 U.S.C. 1701–
1707).
Saving Clause
Shipments of items removed from
license exception eligibility or eligibility
for export without a license as a result
of this regulatory action that were on
dock for loading, on lighter, laden
aboard an exporting carrier, or en route
aboard a carrier to a port of export, on
December 10, 2009, pursuant to actual
orders for export to a foreign
destination, may proceed to that
destination under the previous license
exception eligibility or without a license
so long as they have been exported from
the United States before February 8,
2010. Any such items not actually
exported before midnight, on February
8, 2010, require a license in accordance
with this regulation.
Rulemaking Requirements
1. This final rule has been determined
to be not significant for purposes of
Executive Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person be
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subject to a penalty for failure to comply
with a collection of information subject
to the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This rule
involves two collections of information
subject to the PRA. One of the
collections has been approved by OMB
under control number 0694 0088,
‘‘Multi Purpose Application,’’ and
carries a burden hour estimate of 58
minutes for a manual or electronic
submission. The other of the collections
has been approved by OMB under
control number 0694 0106, ‘‘Reporting
and Recordkeeping Requirements under
the Wassenaar Arrangement,’’ and
carries a burden hour estimate of 21
minutes for a manual or electronic
submission. Send comments regarding
these burden estimates or any other
aspect of these collections of
information, including suggestions for
reducing the burden, to OMB Desk
Officer, New Executive Office Building,
Washington, DC 20503; and to Jasmeet
Seehra, OMB Desk Officer, by e-mail at
jseehra@omb.eop.gov or by fax to (202)
395–7285; and to the Office of
Administration, Bureau of Industry and
Security, Department of Commerce,
14th and Pennsylvania Avenue, NW.,
Room 6622, Washington, DC 20230.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. The provisions of the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, the opportunity for public
participation, and a delay in effective
date, are inapplicable because this
regulation involves a military and
foreign affairs function of the United
States (5 U.S.C. 553(a)(1)). Further, no
other law requires that a notice of
proposed rulemaking and an
opportunity for public comment be
given for this final rule. Because a
notice of proposed rulemaking and an
opportunity for public comment are not
required to be given for this rule under
the Administrative Procedure Act or by
any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
not applicable. Therefore, this
regulation is issued in final form.
Although there is no formal comment
period, public comments on this
regulation are welcome on a continuing
basis. Comments should be submitted to
Sharron Cook, Office of Exporter
Services, Bureau of Industry and
Security, Department of Commerce,
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14th and Pennsylvania Ave., NW.,
Room 2705, Washington, DC 20230.
List of Subjects
1A001 Components made from fluorinated
compounds, as follows (see List of Items
Controlled).
*
15 CFR Part 772
Exports.
*
15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
■ Accordingly, parts 772 and 774 of the
Export Administration Regulations (15
CFR Parts 730–774) are amended as
follows:
PART 772—[AMENDED]
1. The authority citations for part 772
continue 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
13, 2009, 74 FR 41325 (August 14, 2009).
2. Section 772.1 is amended by
revising terms ‘‘specific modulus’’ and
‘‘specific tensile strength’’ to read as
follows:
■
§ 772.1 Definitions of terms as used in the
Export Administration Regulations (EAR).
*
*
*
*
*
‘‘Specific modulus’’. (Cat 1)—Young’s
modulus in pascals, equivalent to N/m2,
divided by specific weight in N/m3,
measured at a temperature of (296 ± 2)
K ((23 ± 2)° C) and a relative humidity
of (50 ± 5)%.
‘‘Specific tensile strength’’. (Cat 1)—
Ultimate tensile strength in pascals,
equivalent to N/m2, divided by specific
weight in N/m3, measured at a
temperature of (296 ± 2) K ((23 ± 2)° C)
and relative humidity of (50 ± 5)%.
*
*
*
*
*
PART 774— [AMENDED]
3. The authority citations for part
774—continue 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
FR 41325 (August 14, 2009).
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*
*
*
*
List of Items Controlled
*
*
*
*
Items:
a. Seals, gaskets, sealants or fuel bladders,
specially designed for ‘‘aircraft’’ or aerospace
use, made from more than 50% by weight of
any of the materials controlled by 1C009.b or
1C009.c;
b. Piezoelectric polymers and copolymers,
made from vinylidene fluoride materials,
controlled by 1C009.a:
b.1. In sheet or film form; and
b.2. With a thickness exceeding 200 μm;
c. Seals, gaskets, valve seats, bladders or
diaphragms, made from fluoroelastomers
containing at least one vinylether group as a
constitutional unit, specially designed for
‘‘aircraft’’, aerospace or missile use.
5. Supplement No. 1 to Part 774 (the
Commerce Control List), Category 1,
ECCN 1B001 is amended by:
■ a. Revising the Heading; and
■ b. Revising paragraphs .a, .b., .c. and
.d.2, in the Items paragraph of the List
of Items Controlled to read as follows:
■
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*
*
*
*
*
*
*
*
Items:
a. * * *
Note 1: * * *
c. Planar absorbers, having all of the
following:
*
*
*
*
*
d. Planar absorbers made of sintered
ferrite, having all of the following:
*
*
*
*
*
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. Filament winding machines of which the
motions for positioning, wrapping and
winding fibers are coordinated and
programmed in three or more axes, specially
designed for the manufacture of ‘‘composite’’
structures or laminates, from ‘‘fibrous or
filamentary materials’’;
b. Tape-laying or tow-placement machines,
of which the motions for positioning and
laying tape, tows or sheets are coordinated
and programmed in two or more axes,
specially designed for the manufacture of
‘‘composite’’ airframe or ‘‘missile’’ structures;
c. Multidirectional, multidimensional
weaving machines or interlacing machines,
including adapters and modification kits, for
weaving, interlacing or braiding fibers, to
manufacture ‘‘composite’’ structures;
Technical Note: For the purposes of
1B001.c the technique of interlacing includes
knitting.
*
*
*
List of Items Controlled
*
*
*
*
c. Intrinsically conductive polymeric
materials with a ‘bulk electrical conductivity’
exceeding 10,000 S/m (Siemens per meter) or
a ‘sheet (surface) resistivity’ of less than 100
ohms/square, based on any of the following
polymers:
Supplement No. 1 to Part 774—Commerce
Control List
*
1C001 Materials specially designed for use
as absorbers of electromagnetic waves, or
intrinsically conductive polymers, as follows
(see List of Items Controlled).
1B001 Equipment for the production of
fibers, prepregs, preforms or ‘‘composites’’,
controlled by 1A002 or 1C010, as follows
(see List of Items Controlled), and specially
designed components and accessories
therefor.
Note: 1B001.c does not control textile
machinery not modified for the above enduses.
d. * * *
d.2. Equipment for the chemical vapor
deposition of elements or compounds, on
heated filamentary substrates, to manufacture
silicon carbide fibers;
4. Supplement No. 1 to Part 774 (the
Commerce Control List), Category 1,
ECCN 1A001 is amended by revising the
items paragraph in the List of Items
Controlled section, to read as follows:
■
6. Supplement No. 1 to Part 774 (the
Commerce Control List), Category 1,
ECCN 1C001 is amended by:
■ a. Revising the introductory paragraph
to Note 1 paragraph c in the Items
paragraph;
■ b. Revising the introductory paragraph
to Note 1 paragraph d in the Items
paragraph;
■ c. Revising the introductory paragraph
to c in the Items paragraph;
■ d. Revising the Technical Note that
follows paragraph c, to read as follows:
■
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*
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Technical Note: ‘Bulk electrical
conductivity’ and ‘sheet (surface) resistivity’
should be determined using ASTM D–257 or
national equivalents.
7. Supplement No. 1 to Part 774 (the
Commerce Control List), Category 1,
ECCN 1C002 is amended by revising the
Items paragraph in the List of Items
Controlled section, to read as follows:
■
1C002 Metal alloys, metal alloy powder
and alloyed materials, as follows (see List of
Items Controlled)
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
Note: 1C002 does not control metal alloys,
metal alloy powder and alloyed materials, for
coating substrates.
Technical Note 1: The metal alloys in
1C002 are those containing a higher
percentage by weight of the stated metal than
of any other element.
Technical Note 2: ‘Stress-rupture life’
should be measured in accordance with
ASTM standard E–139 or national
equivalents.
Technical Note 3: ‘Low cycle fatigue life’
should be measured in accordance with
ASTM Standard E–606 ‘Recommended
Practice for Constant-Amplitude Low-Cycle
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Fatigue Testing’ or national equivalents.
Testing should be axial with an average stress
ratio equal to 1 and a stress-concentration
factor (Kt) equal to 1. The average stress is
defined as maximum stress minus minimum
stress divided by maximum stress.
a. Aluminides, as follows:
a.1. Nickel aluminides containing a
minimum of 15% by weight aluminum, a
maximum of 38% by weight aluminum and
at least one additional alloying element;
a.2. Titanium aluminides containing 10%
by weight or more aluminum and at least one
additional alloying element;
b. Metal alloys, as follows, made from
material controlled by 1C002.c:
b.1. Nickel alloys having any of the
following:
b.1.a. A ‘stress-rupture life’ of 10,000 hours
or longer at 923 K (650 °C) at a stress of 676
MPa; or
b.1.b. A ‘low cycle fatigue life’ of 10,000
cycles or more at 823 K (550 °C) at a
maximum stress of 1,095 MPa;
b.2. Niobium alloys having any of the
following:
b.2.a. A ‘stress-rupture life’ of 10,000 hours
or longer at 1,073 K (800 °C) at a stress of
400 MPa; or
b.2.b. A ‘low cycle fatigue life’ of 10,000
cycles or more at 973 K (700 °C) at a
maximum stress of 700 MPa;
b.3. Titanium alloys having any of the
following:
b.3.a. A ‘stress-rupture life’ of 10,000 hours
or longer at 723 K (450 °C) at a stress of 200
MPa; or
b.3.b. A ‘low cycle fatigue life’ of 10,000
cycles or more at 723 K (450 °C) at a
maximum stress of 400 MPa;
b.4 Aluminum alloys having any of the
following:
b.4.a. A tensile strength of 240 MPa or
more at 473 K (200 °C); or
b.4.b. A tensile strength of 415 MPa or
more at 298 K (25 °C);
b.5. Magnesium alloys having all the
following:
b.5.a. A tensile strength of 345 MPa or
more; and
b.5.b. A corrosion rate of less than 1 mm/
year in 3% sodium chloride aqueous solution
measured in accordance with ASTM
standard G–31 or national equivalents;
c. Metal alloy powder or particulate
material, having all of the following:
c.1. Made from any of the following
composition systems:
Technical Note: X in the following equals
one or more alloying elements.
c.1.a. Nickel alloys (Ni-Al-X, Ni-X–Al)
qualified for turbine engine parts or
components, i.e. with less than 3 nonmetallic particles (introduced during the
manufacturing process) larger than 100 μm in
109 alloy particles;
c.1.b. Niobium alloys (Nb-Al-X or Nb-X–
Al, Nb-Si-X or Nb-X–Si, Nb-Ti-X or Nb-X–
Ti);
c.1.c. Titanium alloys (Ti-Al-X or Ti-X–Al);
c.1.d. Aluminum alloys (Al-Mg-X or Al-X–
Mg, Al-Zn-X or Al-X–Zn, Al-Fe-X or Al-X–
Fe); or
c.1.e. Magnesium alloys (Mg-Al-X or MgX–Al);
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c.2. Made in a controlled environment by
any of the following processes:
c.2.a. ‘‘Vacuum atomization’’;
c.2.b. ‘‘Gas atomization’’;
c.2.c. ‘‘Rotary atomization’’;
c.2.d. ‘‘Splat quenching’’;
c.2.e. ‘‘Melt spinning’’ and
‘‘comminution’’;
c.2.f. ‘‘Melt extraction’’ and
‘‘comminution’’; or
c.2.g. ‘‘Mechanical alloying’’; and
c.3. Capable of forming materials
controlled by 1C002.a or 1C002.b;
d. Alloyed materials, having all the
following:
d.1. Made from any of the composition
systems specified by 1C002.c.1;
d.2. In the form of uncomminuted flakes,
ribbons or thin rods; and
d.3. Produced in a controlled environment
by any of the following:
d.3.a. ‘‘Splat quenching’’;
d.3.b. ‘‘Melt spinning’’; or
d.3.c. ‘‘Melt extraction’’.
8. Supplement No. 1 to Part 774 (the
Commerce Control List), Category 1,
ECCN 1C003 is amended by revising the
Heading and the Items paragraph in the
List of Items Controlled section, to read
as follows:
■
1C003 Magnetic metals, of all types and of
whatever form, having any of the following
(see List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. Initial relative permeability of 120,000 or
more and a thickness of 0.05 mm or less;
Technical Note: Measurement of initial
permeability must be performed on fully
annealed materials.
b. Magnetostrictive alloys having any of the
following:
b.1. A saturation magnetostriction of more
than 5 x 10¥4; or
b.2. A magnetomechanical coupling factor
(k) of more than 0.8; or
c. Amorphous or ‘nanocrystalline’ alloy
strips, having all of the following:
c.1. A composition having a minimum of
75% by weight of iron, cobalt or nickel;
c.2. A saturation magnetic induction (Bs) of
1.6 T or more; and
c.3. Any of the following:
c.3.a. A strip thickness of 0.02 mm or less;
or
c.3.b. An electrical resistivity of 2 x 10¥4;
ohm cm or more.
Technical Note: ‘Nanocrystalline’ materials
in 1C003.c are those materials having a
crystal grain size of 50 nm or less, as
determined by X-ray diffraction.
9. Supplement No. 1 to Part 774 (the
Commerce Control List), Category 1,
ECCN 1C004 is amended by revising the
Heading, to read as follows:
■
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1C004 Uranium titanium alloys or tungsten
alloys with a ‘‘matrix’’ based on iron, nickel
or copper, having all of the following (see
List of Items Controlled).
*
*
*
*
*
10. Supplement No. 1 to Part 774 (the
Commerce Control List), Category 1,
ECCN 1C005 is amended by revising the
items paragraph in the List of Items
Controlled section, to read as follows:
■
1C005 ‘‘Superconductive’’ ‘‘composite’’
conductors in lengths exceeding 100 m or
with a mass exceeding 100 g, as follows (see
List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. ‘‘Superconductive’’ ‘‘composite’’
conductors containing one or more niobiumtitanium ‘filaments’, having all of the
following:
a.1. Embedded in a ‘‘matrix’’ other than a
copper or copper-based mixed ‘‘matrix’’; and
a.2. Having a cross-section area less than
0.28 x 10¥4 mm 2 (6 μm in diameter for
circular ‘filaments’);
b. ‘‘Superconductive’’ ‘‘composite’’
conductors consisting of one or more
‘‘superconductive’’ ‘filaments’ other than
niobium-titanium, having all of the
following:
b.1. A ‘‘critical temperature’’ at zero
magnetic induction exceeding 9.85 K
(¥263.31 °C); and
b.2. Remaining in the ‘‘superconductive’’
state at a temperature of 4.2 K (¥268.96 °C)
when exposed to a magnetic field oriented in
any direction perpendicular to the
longitudinal axis of conductor and
corresponding to a magnetic induction of
12 T with critical current density exceeding
1750 A/mm 2 on overall cross-section of the
conductor.
c. ‘‘Superconductive’’ ‘‘composite’’
conductors consisting of one or more
‘‘superconductive’’ ‘filaments’ which remain
‘‘superconductive’’ above 115 K (¥158.16
°C).
Technical Note: For the purpose of 1C005,
‘filaments’ may be in wire, cylinder, film,
tape or ribbon form.
11. Supplement No. 1 to Part 774 (the
Commerce Control List), Category 1,
ECCN 1C006 is amended by revising the
Items paragraph in the List of Items
Controlled section, to read as follows:
■
1C006 Fluids and lubricating materials, as
follows (see List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. Hydraulic fluids containing, as their
principal ingredients, any of the following:
a.1. Synthetic ‘silahydrocarbon oils’,
having all of the following:
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Technical Note: For the purpose of
1C006.a.1, ‘silahydrocarbon oils’ contain
exclusively silicon, hydrogen and carbon.
a.1.a. A ‘flash point’ exceeding 477 K (204
°C);
a.1.b. A ‘pour point’ at 239 K (¥34 °C) or
less;
a.1.c. A ‘viscosity index’ of 75 or more; and
a.1.d. A ‘thermal stability’ at 616 K (343
°C); or
a.2. ‘Chlorofluorocarbons’, having all of the
following:
Technical Note: For the purpose of
1C006.a.2, ‘chlorofluorocarbons’ contain
exclusively carbon, fluorine and chlorine.
a.2.a. No ‘flash point’;
a.2.b. An ‘autogenous ignition temperature’
exceeding 977 K (704 °C);
a.2.c. A ‘pour point’ at 219 K (¥54 °C) or
less;
a.2.d. A ‘viscosity index’ of 80 or more; and
a.2.e. A boiling point at 473 K (200 °C) or
higher;
Technical Note: For the purpose of 1C006.a
the following determinations apply:
i. ‘Flash point’ is determined using the
Cleveland Open Cup Method described in
ASTM D–92 or national equivalents;
ii. ‘Pour point’ is determined using the
method described in ASTM D–97 or national
equivalents;
iii. ‘Viscosity index’ is determined using
the method described in ASTM D–2270 or
national equivalents;
iv. ‘Thermal stability’ is determined by the
following test procedure or national
equivalents:
Twenty ml of the fluid under test is placed
in a 46 ml type 317 stainless steel chamber
containing one each of 12.5 mm (nominal)
diameter balls of M–10 tool steel, 52100 steel
and naval bronze (60% Cu, 39% Zn, 0.75%
Sn);
The chamber is purged with nitrogen,
sealed at atmospheric pressure and the
temperature raised to and maintained at 644
± 6 K (371 ± 6 °C) for six hours;
The specimen will be considered thermally
stable if, on completion of the above
procedure, all of the following conditions are
met:
a. The loss in weight of each ball is less
than 10 mg/mm2 of ball surface;
b. The change in original viscosity as
determined at 311 K (38 °C) is less than 25%;
and
c. The total acid or base number is less
than 0.40;
5. ‘Autogenous ignition temperature’ is
determined using the method described in
ASTM E–659 or national equivalents.
b. Lubricating materials containing, as their
principal ingredients, any of the following:
b.1. Phenylene or alkylphenylene ethers or
thio-ethers, or their mixtures, containing
more than two ether or thio-ether functions
or mixtures thereof; or
b.2. Fluorinated silicone fluids with a
kinematic viscosity of less than 5,000
mm 2/s (5,000 centistokes) measured at 298 K
(25 °C);
c. Damping or flotation fluids, with a
purity exceeding 99.8%, containing less than
25 particles of 200 μm or larger in size per
100 ml and made from at least 85% of any
of the following:
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c.1. Dibromotetrafluoroethane;
c.2. Polychlorotrifluoroethylene (oily and
waxy modifications only); or
c.3. Polybromotrifluoroethylene;
d. Fluorocarbon electronic cooling fluids
having all of the following:
d.1. Containing 85% by weight or more of
any of the following, or mixtures thereof:
d.1.a. Monomeric forms of
perfluoropolyalkylether- triazines or
perfluoroaliphatic-ethers;
d.1.b. Perfluoroalkylamines;
d.1.c. Perfluorocycloalkanes; or
d.1.d. Perfluoroalkanes;
d.2. Density at 298 K (25 °C) of 1.5 g/ml
or more;
d.3. In a liquid state at 273 K (0 °C); and
d.4. Containing 60% or more by weight of
fluorine;
e. Autogenous ignition temperature is
determined using the method described in
ASTM E–659 or national equivalents.
12. Supplement No. 1 to Part 774 (the
Commerce Control List), Category 1,
ECCN 1C007 is amended by revising
paragraph .a in the Items paragraph in
the List of Items Controlled section, to
read as follows:
■
1C007 Ceramic base materials, non‘‘composite’’ ceramic materials, ceramic‘‘matrix’’ ‘‘composite’’ materials and
precursor materials, as follows (see List of
Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. Base materials of single or complex
borides of titanium, having total metallic
impurities, excluding intentional additions,
of less than 5,000 ppm, an average particle
size equal to or less than 5 μm and no more
than 10% of the particles larger than 10 μm;
*
*
*
*
*
■ 13. Supplement No. 1 to Part 774 (the
Commerce Control List), Category 1,
ECCN 1C009 is amended by revising the
Heading, to read as follows:
1C009 Unprocessed fluorinated
compounds as follows (see List of Items
Controlled).
*
*
*
*
*
■ 14. Supplement No. 1 to Part 774 (the
Commerce Control List), Category 1,
ECCN 1C011 is amended by revising 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).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. Metals in particle sizes of less than 60
μm whether spherical, atomized, spheroidal,
flaked or ground, manufactured from
material consisting of 99% or more of
zirconium, magnesium and alloys thereof;
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Technical Note: The natural content of
hafnium in the zirconium (typically 2% to
7%) is counted with the zirconium.
Note: The metals or alloys specified by
1C011.a also refer to metals or alloys
encapsulated in aluminum, magnesium,
zirconium or beryllium.
b. Boron or boron carbide of 85% purity or
higher, and a particle size of 60 μm or less;
Note: The metals or alloys specified by
1C011.b also refer to metals or alloys
encapsulated in aluminum, magnesium,
zirconium or beryllium.
c. Guanidine nitrate;
d. Nitroguanidine (NQ) (CAS 556–88–7).
15. Supplement No. 1 to Part 774 (the
Commerce Control List), Category 1,
ECCN 1C012 is amended by revising the
Items paragraph in the List of Items
Controlled section, to read as follows:
■
1C012 Materials, as follows (see List of
Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. Plutonium in any form with a plutonium
isotopic assay of plutonium-238 of more than
50% by weight;
Note: 1C012.a does not control:
a. Shipments with a plutonium content of
1 g or less;
b. Shipments of 3 ‘‘effective grams’’ or less
when contained in a sensing component in
instruments.
b. ‘‘Previously separated’’ neptunium-237
in any form.
Note: 1C012.b does not control shipments
with a neptunium-237 content of 1 g or less.
16. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 2,
ECCN 2A001 is amended by revising the
Items paragraph of the List of Items
Controlled to read as follows:
■
2A001 Anti-friction bearings and bearing
systems, as follows, (see List of Items
Controlled) and components therefor.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
Note: 2A001 does not control balls with
tolerances specified by the manufacturer in
accordance with ISO 3290 as grade 5 or
worse.
a. Ball bearings and solid roller bearings,
having all tolerances specified by the
manufacturer in accordance with ISO 492
Tolerance Class 4 (or ANSI/ABMA Std 20
Tolerance Class ABEC–7 or RBEC–7, or other
national equivalents), or better, and having
both rings and rolling elements (ISO 5593),
made from monel or beryllium;
Note: 2A001.a does not control tapered
roller bearings.
b. Other ball bearings and solid roller
bearings, having all tolerances specified by
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the manufacturer in accordance with ISO 492
Tolerance Class 2 (or ANSI/ABMA Std 20
Tolerance Class ABEC–9 or RBEC–9, or other
national equivalents), or better;
Note: 2A001.b does not control tapered
roller bearings.
c. Active magnetic bearing systems using
any of the following:
c.1. Materials with flux densities of 2.0 T
or greater and yield strengths greater than
414 MPa;
c.2. All-electromagnetic 3D homopolar bias
designs for actuators; or
c.3. High temperature (450 K (177°C) and
above) position sensors.
17. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 2,
ECCN 2B001 is amended by revising the
introductory text to the Note that
follows paragraph c in the Items
paragraph of the List of Items Controlled
to read as follows:
■
2B001 Machine tools and any combination
thereof, for removing (or cutting) metals,
ceramics or ‘‘composites’’, which, according
to the manufacturer’s technical
specifications, can be equipped with
electronic devices for ‘‘numerical control’’;
and specially designed components as
follows (see List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
*
*
*
Items:
*
*
c. * * *
Notes: 2B001.c does not control grinding
machines as follows: * * *
*
*
*
*
*
18. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 2,
ECCN 2B004 is amended by revising the
Heading and the introductory paragraph
.b in the Items paragraph of the List of
Items Controlled to read as follows:
■
2B004 Hot ‘‘isostatic presses’’ having all of
the characteristics described in the List of
Items Controlled, and specially designed
components and accessories therefor.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
*
*
*
Items:
*
*
mstockstill on DSKH9S0YB1PROD with RULES4
b. Having any of the following:
*
*
*
*
*
19. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 2,
ECCN 2B005 is amended by revising the
Related Controls and Items paragraph of
the List of Items Controlled to read as
follows:
■
VerDate Nov<24>2008
17:24 Dec 09, 2009
Jkt 220001
2B005 Equipment specially designed for
the deposition, processing and in-process
control of inorganic overlays, coatings and
surface modifications, as follows, for nonelectronic substrates, by processes shown in
the Table and associated Notes following
2E003.f, and specially designed automated
handling, positioning, manipulation and
control components therefor.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: (1) This entry does not
control chemical vapor deposition, cathodic
arc, sputter deposition, ion plating or ion
implantation equipment, specially designed
for cutting or machining tools. (2) Vapor
deposition equipment for the production of
filamentary materials are controlled by 1B001
or 1B101. (3) Chemical Vapor Deposition
furnaces designed or modified for
densification of carbon-carbon composites
are controlled by 2B104. (4) See also 2B999.i.
*
*
*
*
*
Items:
a. Chemical vapor deposition (CVD)
production equipment having all of the
following:
a.1. A process modified for one of the
following:
a.1.a. Pulsating CVD;
a.1.b. Controlled nucleation thermal
deposition (CNTD); or
a.1.c. Plasma enhanced or plasma assisted
CVD; and
a.2. Having any of the following:
a.2.a. Incorporating high vacuum (equal to
or less than 0.01 Pa) rotating seals; or
a.2.b. Incorporating in situ coating
thickness control;
b. Ion implantation production equipment
having beam currents of 5 mA or more;
c. Electron beam physical vapor deposition
(EB–PVD) production equipment
incorporating power systems rated for over
80 kW and having any of the following:
c.1. A liquid pool level ‘‘laser’’ control
system which regulates precisely the ingots
feed rate; or
c.2. A computer controlled rate monitor
operating on the principle of photoluminescence of the ionized atoms in the
evaporant stream to control the deposition
rate of a coating containing two or more
elements;
d. Plasma spraying production equipment
having any of the following:
d.1. Operating at reduced pressure
controlled atmosphere (equal or less than 10
kPa measured above and within 300 mm of
the gun nozzle exit) in a vacuum chamber
capable of evacuation down to 0.01 Pa prior
to the spraying process; or
d.2. Incorporating in situ coating thickness
control;
e. Sputter deposition production
equipment capable of current densities of 0.1
mA/mm2 or higher at a deposition rate 15
μm/h or more;
f. Cathodic arc deposition production
equipment incorporating a grid of
electromagnets for steering control of the arc
spot on the cathode;
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g. Ion plating production equipment
allowing for the in situ measurement of any
of the following:
g.1. Coating thickness on the substrate and
rate control; or
g.2. Optical characteristics.
20. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 2,
ECCN 2B009 is amended by revising the
Items paragraph of the List of Items
Controlled to read as follows:
■
2B009 Spin-forming machines and flowforming machines, which, according to the
manufacturer’s technical specifications, can
be equipped with ‘‘numerical control’’ units
or a computer control and having all of the
following characteristics (see List of Items
Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. Two or more controlled axes of which
at least two can be coordinated
simultaneously for ‘‘contouring control’’; and
b. A roller force more than 60 kN.
Technical Note: For the purpose of 2B009,
machines combining the function of spinforming and flow-forming are regarded as
flow-forming machines.
21. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 2,
ECCN 2E003 is amended by revising the
Nota Bene after 2E003.f in the Items
paragraph of the List of Items Controlled
to read as follows:
■
2E003 Other ‘‘technology’’, as follows (see
List of Items Controlled)
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
*
*
*
Items:
*
*
f. * * *
N.B. This table should be read to control
the technology of a particular ‘Coating
Process’ only when the resultant coating in
column 3 is in a paragraph directly across
from the relevant ‘Substrate’ under column 2.
For example, Chemical Vapor Deposition
(CVD) ‘coating process’ technical data are
controlled for the application of ‘silicides’ to
‘Carbon-carbon, Ceramic and Metal ‘‘matrix’’
‘‘composites’’ substrates, but are not
controlled for the application of ‘silicides’ to
‘Cemented tungsten carbide (16), Silicon
carbide (18)’ substrates. In the second case,
the resultant coating is not listed in the
paragraph under column 3 directly across
from the paragraph under column 2 listing
‘Cemented tungsten carbide (16), Silicon
carbide (18)’.
22. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
2—Materials Processing, Notes to Table
on Deposition Techniques are amended
by revising Notes 5, 10, and 17, to read
as follows:
■
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Note: Notes to Table on Deposition
Techniques:
*
*
*
*
*
5. MCrAlX refers to a coating alloy where
M equals cobalt, iron, nickel or combinations
thereof and X equals hafnium, yttrium,
silicon, tantalum in any amount or other
intentional additions over 0.01% by weight
in various proportions and combinations,
except:
a. CoCrAlY coatings which contain less
than 22% by weight of chromium, less than
7% by weight of aluminum and less than 2%
by weight of yttrium;
b. CoCrAlY coatings which contain 22 to
24% by weight of chromium, 10 to 12% by
weight of aluminum and 0.5 to 0.7% by
weight of yttrium; or
c. NiCrAlY coatings which contain 21 to
23% by weight of chromium, 10 to 12% by
weight of aluminum and 0.9 to 1.1% by
weight of yttrium.
*
*
*
*
*
10. ‘‘Technology’’ for single-step pack
cementation of solid airfoils is not controlled
by Category 2.
*
*
*
*
*
*
*
*
23. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 3,
ECCN 3A002 is amended by revising
Note 1 that follows paragraph d in the
Items paragraph of the List of Items
Controlled section to read as follows:
■
*
*
*
*
*
*
*
*
mstockstill on DSKH9S0YB1PROD with RULES4
*
*
*
*
*
*
*
*
3C001 Hetero-epitaxial materials
consisting of a ‘‘substrate’’ having stacked
epitaxially grown multiple layers of any of
the following (see List of Items Controlled).
3D004 ‘‘Software’’ specially designed for
the ‘‘development’’ of equipment controlled
by 3A003.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. Silicon (Si);
b. Germanium (Ge);
c. Silicon Carbide (SiC); or
d. ‘‘III/V compounds’’ of gallium or
indium.
26. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 3,
ECCN 3C003 is amended by revising the
Heading and the Items paragraph of the
List of Items Controlled section to read
as follows:
Jkt 220001
*
*
*
*
■ 29. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 3,
ECCN 3D004 is amended by revising the
Heading to read as follows:
*
*
*
*
*
■ 30. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 3,
ECCN 3E002 is amended by revising the
Items paragraph of the List of Items
Controlled section to read as follows:
3E002 ‘‘Technology’’ according to the
General Technology Note other than that
controlled in 3E001 for the ‘‘development’’
or ‘‘production’’ of a ‘‘microprocessor
microcircuit’’, ‘‘micro-computer
microcircuit’’ and microcontroller
microcircuit core, having an arithmetic logic
unit with an access width of 32 bits or more
and any of the following features or
characteristics (see List of Items Controlled).
*
*
*
*
*
3C003 Organo-inorganic compounds as
follows (see List of Items Controlled)
List of Items Controlled
*
Items:
a. A ‘vector processor unit’ designed to
perform more than two calculations on
floating-point vectors (one dimensional
arrays of 32-bit or larger numbers)
simultaneously;
Technical Note: A ‘vector processor unit’ is
a processor element with built-in instructions
that perform multiple calculations on
floating-point vectors (one-dimensional
arrays of 32-bit or larger numbers)
simultaneously, having at least one vector
arithmetic logic unit.
b. Designed to perform more than two 64bit or larger floating-point operation results
per cycle; or
c. Designed to perform more than four 16bit fixed-point multiply-accumulate results
per cycle (e.g., digital manipulation of analog
information that has been previously
converted into digital form, also known as
digital ‘‘signal processing’’).
Note: 3E002.c does not control
‘‘technology’’ for multimedia extensions.
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. Organo-metallic compounds of
aluminum, gallium or indium, having a
purity (metal basis) better than 99.999%;
b. Organo-arsenic, organo-antimony and
organo-phosphorus compounds, having a
purity (inorganic element basis) better than
99.999%.
*
*
*
*
*
*
*
*
*
Items:
The list of items controlled is contained in
the ECCN heading.
24. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 3,
ECCN 3B002 is amended by revising the
Heading to read as follows:
17:24 Dec 09, 2009
25. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 3,
ECCN 3C001 is amended by revising the
Items paragraph of the List of Items
Controlled section to read as follows:
List of Items Controlled
*
■
VerDate Nov<24>2008
*
3D003 ‘Physics-based’ simulation
‘‘software’’ specially designed for the
‘‘development’’ of lithographic, etching or
deposition processes for translating masking
patterns into specific topographical patterns
in conductors, dielectrics or semiconductor
materials.
■
*
d. * * *
Note 1: For the purpose of 3A002.d.,
frequency synthesized signal generators
include arbitrary waveform and function
generators.
*
*
3D002 ‘‘Software’’ specially designed for
the ‘‘use’’ of equipment controlled by
3B001.a to .f, or 3B002.
Items:
*
*
27. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 3,
ECCN 3D002 is amended by revising the
Heading and the Items paragraph of the
List of Items Controlled section to read
as follows:
List of Items Controlled
*
*
■
3A002 General purpose electronic
equipment and accessories therefor, as
follows (see List of Items Controlled).
*
*
■
*
17. ‘‘Technology’’ specially designed to
deposit diamond-like carbon on any of the
following is not controlled: magnetic disk
drives and heads, equipment for the
manufacture of disposables, valves for
faucets, acoustic diaphragms for speakers,
engine parts for automobiles, cutting tools,
punching-pressing dies, office automation
equipment, microphones, medical devices or
molds, for casting or molding of plastics,
manufactured from alloys containing less
than 5% beryllium.
*
3B002 Test equipment specially designed
for testing finished or unfinished
semiconductor devices as follows (see List of
Items Controlled) and specially designed
components and accessories therefor.
28. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 3,
ECCN 3D003 is amended by revising the
Heading to read as follows:
■
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*
*
*
*
*
Notes:
1. 3E002 does not control ‘‘technology’’ for
the ‘‘development’’ or ‘‘production’’ of
microprocessor cores, having all of the
following:
a. Using ‘‘technology’’ at or above 0.130
μm; and
b. Incorporating multi-layer structures with
five or fewer metal layers.
2. 3E002 includes ‘‘technology’’ for digital
signal processors and digital array
processors.
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Federal Register / Vol. 74, No. 236 / Thursday, December 10, 2009 / Rules and Regulations
31. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 3.
ECCN 3E003 is amended by revising the
Heading and the Items paragraph of the
List of Items Controlled section to read
as follows:
■
3E003 Other ‘‘technology’’ for the
‘‘development’’ or ‘‘production’’ of the
following (see List of Items Controlled).
*
*
*
*
*
*
*
*
*
*
32. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 4,
ECCN 4A001 is amended by revising the
Heading and Items paragraph of the List
of Items Controlled section to read as
follows:
4A001 Electronic computers and related
equipment, having any of the following (see
List of Items Controlled), and ‘‘electronic
assemblies’’ and specially designed
components therefor.
*
*
*
List of Items Controlled
mstockstill on DSKH9S0YB1PROD with RULES4
*
*
*
*
*
Items:
a. Specially designed to have any of the
following:
a.1. Rated for operation at an ambient
temperature below 228 K (¥45EC) or above
358 K (85EC); or
Note: 4A001.a.1. does not apply to
computers specially designed for civil
automobile or railway train applications.
a.2. Radiation hardened to exceed any of
the following specifications:
a.2.a. A total dose of 5 x 103 Gy (Si);
a.2.b. A dose rate upset of 5 x 106 Gy (Si)/
s; or
a.2.c. Single Event Upset of 1 x 10¥7 Error/
bit/day;
b. Having characteristics or performing
functions exceeding the limits in Category 5,
Part 2 (‘‘Information Security’’).
33. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 4,
ECCN 4A003 is amended by revising the
■
VerDate Nov<24>2008
19:15 Dec 09, 2009
*
*
*
*
*
*
*
Items:
Note 1: 4A003 includes the following:
■
*
*
List of Items Controlled
Items:
a. Vacuum microelectronic devices;
b. Hetero-structure semiconductor devices
such as high electron mobility transistors
(HEMT), hetero-bipolar transistors (HBT),
quantum well and super lattice devices;
Note: 3E003.b does not control
‘‘technology’’ for high electron mobility
transistors (HEMT) operating at frequencies
lower than 31.8 GHz and hetero-junction
bipolar transistors (HBT) operating at
frequencies lower than 31.8 GHz.
c. ‘‘Superconductive’’ electronic devices;
d. Substrates of films of diamond for
electronic components;
e. Substrates of silicon-on-insulator (SOI)
for integrated circuits in which the insulator
is silicon dioxide;
f. Substrates of silicon carbide for
electronic components;
g. Electronic vacuum tubes operating at
frequencies of 31.8 GHz or higher.
*
4A003 ‘‘Digital computers’’, ‘‘electronic
assemblies’’, and related equipment therefor,
as follows and specially designed
components therefor.
*
List of Items Controlled
*
Heading and Items paragraph of the List
of Items Controlled section to read as
follows:
Jkt 220001
—‘Vector processors’ (as defined in Note 7 of
the ‘‘Technical Note on ‘‘Adjusted Peak
Performance’’ (‘‘APP’’)’’);
—Array processors;
—Digital signal processors;
—Logic processors;
—Equipment designed for ‘‘image
enhancement’’;
—Equipment designed for ‘‘signal
processing’’.
Note 2: The control status of the ‘‘digital
computers’’ and related equipment described
in 4A003 is determined by the control status
of other equipment or systems provided:
a. The ‘‘digital computers’’ or related
equipment are essential for the operation of
the other equipment or systems;
b. The ‘‘digital computers’’ or related
equipment are not a ‘‘principal element’’ of
the other equipment or systems; and
N.B. 1: The control status of ‘‘signal
processing’’ or ‘‘image enhancement’’
equipment specially designed for other
equipment with functions limited to those
required for the other equipment is
determined by the control status of the other
equipment even if it exceeds the ‘‘principal
element’’ criterion.
N.B. 2: For the control status of ‘‘digital
computers’’ or related equipment for
telecommunications equipment, see Category
5, Part 1 (Telecommunications).
c. The ‘‘technology’’ for the ‘‘digital
computers’’ and related equipment is
determined by 4E.
a. Designed or modified for ‘‘fault
tolerance’’;
Note: For the purposes of 4A003.a., ‘‘digital
computers’’ and related equipment are not
considered to be designed or modified for
‘‘fault tolerance’’ if they utilize any of the
following:
1. Error detection or correction algorithms
in ‘‘main storage’’;
2. The interconnection of two ‘‘digital
computers’’ so that, if the active central
processing unit fails, an idling but mirroring
central processing unit can continue the
system’s functioning;
3. The interconnection of two central
processing units by data channels or by use
of shared storage to permit one central
processing unit to perform other work until
the second central processing unit fails, at
which time the first central processing unit
takes over in order to continue the system’s
functioning; or
4. The synchronization of two central
processing units by ‘‘software’’ so that one
central processing unit recognizes when the
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65671
other central processing unit fails and
recovers tasks from the failing unit.
b. ‘‘Digital computers’’ having an
‘‘Adjusted Peak Performance’’ (‘‘APP’’)
exceeding 0.75 weighted TeraFLOPS (WT);
c. ‘‘Electronic assemblies’’ specially
designed or modified to be capable of
enhancing performance by aggregation of
processors so that the ‘‘APP’’ of the
aggregation exceeds the limit in 4A003.b.;
Note 1: 4A003.c applies only to ‘‘electronic
assemblies’’ and programmable
interconnections not exceeding the limit in
4A003.b. when shipped as unintegrated
‘‘electronic assemblies’’. It does not apply to
‘‘electronic assemblies’’ inherently limited by
nature of their design for use as related
equipment controlled by 4A003.e.
Note 2: 4A003.c does not control
‘‘electronic assemblies’’ specially designed
for a product or family of products whose
maximum configuration does not exceed the
limit of 4A003.b.
d. [RESERVED]
e. Equipment performing analog-to-digital
conversions exceeding the limits in
3A001.a.5;
f. [RESERVED]
g. Equipment specially designed to provide
external interconnection of ‘‘digital
computers’’ or associated equipment that
allows communications at data rates
exceeding 1.25 Gbyte/s.
Note: 4A003.g does not control internal
interconnection equipment (e.g., backplanes,
buses) passive interconnection equipment,
‘‘network access controllers’’ or
‘‘communication channel controllers’’.
34. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 4,
ECCN 4A004 is amended by revising the
Heading to read as follows:
■
4A004 Computers as follows (see List of
Items Controlled) and specially designed
related equipment, ‘‘electronic assemblies’’
and components therefor.
*
*
*
*
*
35. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
4—Computers is amended by revising
Technical Note on ‘‘Adjusted Peak
Performance’’ (‘‘APP’’), located at the
end of Category 4, to read as follows:
■
Technical Note on ‘‘Adjusted Peak
Performance’’ (‘‘APP’’)
‘‘APP’’ is an adjusted peak rate at which
‘‘digital computers’’ perform 64-bit or larger
floating point additions and multiplications.
Abbreviations used in this Technical Note
n number of processors in the ‘‘digital
computer’’
I processor number (i,....n)
ti processor cycle time (ti = 1/Fi)
Fi processor frequency
Ri peak floating point calculating rate
Wi architecture adjustment factor
‘‘APP’’ is expressed in Weighted
TeraFLOPS (WT), in units of 1012 adjusted
floating point operations per second,
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Outline of ‘‘APP’’ Calculation Method
1. For each processor i, determine the peak
number of 64-bit or larger floating-point
operations, FPOi, performed per cycle for
each processor in the ‘‘digital computer’’.
Note: In determining FPO, include only 64bit or larger floating point additions and/or
multiplications. All floating point operations
must be expressed in operations per
processor cycle; operations requiring
multiple cycles may be expressed in
fractional results per cycle. For processors
not capable of performing calculations on
floating-point operands of 64-bits or more the
effective calculating rate R is zero.
2. Calculate the floating point rate R for
each processor.
Ri = FPOi/ti.
3. Calculate ‘‘APP’’ as
‘‘APP’’ = W1 × R1 + W2 × R2 + * * * + Wn
× Rn.
4. For ‘vector processors’, Wi = 0.9. For
non-‘vector processors’, Wi = 0.3.
Note 1: For processors that perform
compound operations in a cycle, such as an
addition and multiplication, each operation
is counted.
Note 2: For a pipelined processor the
effective calculating rate R is the faster of the
pipelined rate, once the pipeline is full, or
the non-pipelined rate.
6A007 Gravity meters (gravimeters) and
gravity gradiometers, as follows (see List of
Items Controlled).
*
*
*
*
*
6C004 Optical materials as follows (see List
of Items Controlled).
List of Items Controlled
*
*
*
*
Items:
a. Gravity meters designed or modified for
ground use and having a static accuracy of
less (better) than 10 μgal;
Note: 6A007.a does not control ground
gravity meters of the quartz element
(Worden) type.
b. Gravity meters designed for mobile
platforms and having all of the following:
b.1. A static accuracy of less (better) than
0.7 mgal; and
b.2. An in-service (operational) accuracy of
less (better) than 0.7 mgal having a time-tosteady-state registration of less than 2
minutes under any combination of attendant
corrective compensations and motional
influences;
c. Gravity gradiometers.
37. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 6,
ECCN 6B004 is amended by revising the
Heading, to read as follows:
■
6B004 Optical equipment as follows (see
List of Items Controlled).
Note 3: The calculating rate R of each
contributing processor is to be calculated at
its maximum value theoretically possible
before the ‘‘APP’’ of the combination is
derived. Simultaneous operations are
assumed to exist when the computer
manufacturer claims concurrent, parallel, or
simultaneous operation or execution in a
manual or brochure for the computer.
*
Note 4: Do not include processors that are
limited to input/output and peripheral
functions (e.g., disk drive, communication
and video display) when calculating ‘‘APP’’.
*
Note 5: ‘‘APP’’ values are not to be
calculated for processor combinations
(inter)connected by ‘‘Local Area Networks’’,
Wide Area Networks, I/O shared
connections/devices, I/O controllers and any
communication interconnection
implemented by ‘‘software’’.
Note 6: ‘‘APP’’ values must be calculated
for (1) processor combinations containing
processors specially designed to enhance
performance by aggregation, operating
simultaneously and sharing memory; or (2)
multiple memory/processor combinations
operating simultaneously utilizing specially
designed hardware.
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*
ECCN 6C004 is amended by revising the
Heading and the Items paragraph of the
List of Items Controlled section, to read
as follows:
Note 7: A ‘vector processor’ is defined as
a processor with built-in instructions that
perform multiple calculations on floatingpoint vectors (one-dimensional arrays of 64bit or larger numbers) simultaneously, having
at least 2 vector functional units and at least
8 vector registers of at least 64 elements each.
36. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 6,
ECCN 6A007 is amended by revising the
Items paragraph of the List of Items
Controlled section, to read as follows:
■
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17:24 Dec 09, 2009
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*
*
*
*
38. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 6,
ECCN 6B008 is amended by revising the
Heading, to read as follows:
■
6B008 Pulse radar cross-section
measurement systems having transmit pulse
widths of 100 ns or less, and specially
designed components therefor.
*
*
*
*
39. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 6,
ECCN 6C002 is amended by revising the
Heading and Items paragraph of the List
of Items Controlled section, to read as
follows:
■
6C002 Optical sensor materials as follows
(see List of Items Controlled).
*
*
*
*
*
*
*
*
*
Items:
a. Elemental tellurium (Te) of purity levels
of 99.9995% or more;
b. Single crystals (including epitaxial
wafers) of any of the following:
b.1. Cadmium zinc telluride (CdZnTe),
with zinc content less than 6% by ‘mole
fraction’;
b.2. Cadmium telluride (CdTe) of any
purity level; or
b.3. Mercury cadmium telluride (HgCdTe)
of any purity level.
Technical Note: ‘Mole fraction’ is defined
as the ratio of moles of ZnTe to the sum of
the moles of CdTe and ZnTe present in the
crystal.
40. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 6,
■
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*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. Zinc selenide (ZnSe) and zinc sulphide
(ZnS) ‘‘substrate blanks’’, produced by the
chemical vapor deposition process and
having any of the following:
a.1. A volume greater than 100 cm3; or
a.2. A diameter greater than 80 mm and a
thickness of 20 mm or more;
b. Boules of any of the following electrooptic materials:
b.1. Potassium titanyl arsenate (KTA);
b.2. Silver gallium selenide (AgGaSe2); or
b.3. Thallium arsenic selenide (Tl3AsSe3,
also known as TAS);
c. Non-linear optical materials having all of
the following:
c.1. Third order susceptibility (chi 3) of
10¥6 m2/V2 or more; and
c.2. A response time of less than 1 ms;
d. ‘‘Substrate blanks’’ of silicon carbide or
beryllium beryllium (Be/Be) deposited
materials, exceeding 300 mm in diameter or
major axis length;
e. Glass, including fused silica, phosphate
glass, fluorophosphate glass, zirconium
fluoride (ZrF4) and hafnium fluoride (HfF4)
and having all of the following:
e.1. A hydroxyl ion (OH-) concentration of
less than 5 ppm;
e.2. Integrated metallic purity levels of less
than 1 ppm; and
e.3. High homogeneity (index of refraction
variance) less than 5 × 10¥6;
f. Synthetically produced diamond
material with an absorption of less than 10¥5
cm¥1 for wavelengths exceeding 200 nm but
not exceeding 14,000 nm.
41. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 6,
ECCN 6C005 is amended by revising the
Heading to read as follows:
■
6C005 Synthetic crystalline ‘‘laser’’ host
material in unfinished form as follows (see
List of Items Controlled).
List of Items Controlled
*
*
*
*
*
*
*
42. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 6,
ECCN 6E003 is amended by revising the
Heading and Items paragraphs of the
List of Items Controlled section, to read
as follows:
■
6E003 Other ‘‘technology’’ as follows (see
List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. Acoustics. None.
b. Optical sensors. None.
c. Cameras. None.
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OPTICS
d. ‘‘Technology’’ as follows:
d.1. Optical surface coating and treatment
‘‘technology’’, ‘‘required’’ to achieve
uniformity of 99.5% or better for optical
coatings 500 mm or more in diameter or
major axis length and with a total loss
(absorption and scatter) of less than 5 × 10¥3;
N.B.: See also 2E003.f.
d.2. Optical fabrication ‘‘technology’’ using
single point diamond turning techniques to
produce surface finish accuracies of better
than 10 nm rms on non-planar surfaces
exceeding 0.5 m2;
e. Lasers. ‘‘Technology’’ ‘‘required’’ for the
‘‘development’’, ‘‘production’’ or ‘‘use’’ of
specially designed diagnostic instruments or
targets in test facilities for ‘‘SHPL’’ testing or
testing or evaluation of materials irradiated
by ‘‘SHPL’’ beams;
f. Magnetic and Electric Field Sensors.
None
g. Gravimeters. None
h. Radar. None
43. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7,
ECCN 7A001 is amended by revising the
Heading and Items 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.
*
*
*
*
*
mstockstill on DSKH9S0YB1PROD with RULES4
*
*
*
*
Items:
a. Linear accelerometers having any of the
following:
a.1. Specified to function at linear
acceleration levels less than or equal to 15 g
and having any of the following:
a.1.a. A ‘‘bias’’ ‘‘stability’’ of less (better)
than 130 micro g with respect to a fixed
calibration value over a period of one year;
or
a.1.b. A ‘‘scale factor’’ ‘‘stability’’ of less
(better) than 130 ppm with respect to a fixed
calibration value over a period of one year;
a.2. Specified to function at linear
acceleration levels exceeding 15 g and having
all of the following:
a.2.a.A ‘‘bias’’ ‘‘repeatability’’ of less
(better) than 5,000 micro g over a period of
one year; and
a.2.b.A ‘‘scale factor’’ ‘‘repeatability’’ of
less (better) than 2,500 ppm over a period of
one year; or
a.3. Designed for use in inertial navigation
or guidance systems and specified to
function at linear acceleration levels
exceeding 100 g;
b. Angular or rotational accelerometers,
specified to function at linear acceleration
levels exceeding 100 g.
44. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7,
ECCN 7A002 is amended by revising the
Heading and the Items paragraph, to
read as follows:
■
VerDate Nov<24>2008
List of Items Controlled
*
*
*
*
*
Items:
a. A ‘‘bias’’ ‘‘stability’’, when measured in
a 1 g environment over a period of one
month, and with respect to a fixed calibration
value, of less (better) than 0.5 degree per hour
when specified to function at linear
acceleration levels up to and including 100
g;
b. An ‘‘angle random walk’’ of less (better)
than or equal to 0.0035 degree per square root
hour; or
Note: 7A002.b does not control ‘spinning
mass gyros’.
Technical Note: ‘Spinning mass gyros’ are
gyros which use a continually rotating mass
to sense angular motion.
c. A rate range greater than or equal to 500
degrees per second and having any of the
following:
c.1. A ‘‘bias’’ ‘‘stability’’, when measured
in a 1 g environment over a period of three
minutes, and with respect to a fixed
calibration value of less (better) than 40
degrees per hour; or
c.2 An ‘‘angle random walk’’ of less (better)
than or equal to 0.2 degree per square root
hour; or
d. Specified to function at linear
acceleration levels exceeding 100 g.
45. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7,
ECCN 7A004 is amended by revising the
Heading, to read as follows:
■
List of Items Controlled
*
7A002 Gyros or angular rate sensors,
having any of the following (see List of Items
Controlled) and specially designed
components therefor.
17:24 Dec 09, 2009
Jkt 220001
7A004 Gyro-astro compasses and other
devices which derive position or orientation
by means of automatically tracking celestial
bodies or satellites, with an azimuth
accuracy of equal to or less (better) than 5
seconds of arc.
*
*
*
*
*
46. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7,
ECCN 7A006 is amended by revising the
Heading to read as follows:
■
7A006 Airborne altimeters operating at
frequencies other than 4.2 to 4.4 GHz
inclusive and having any of the following
(see List of Items Controlled).
*
*
*
*
*
47. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7,
ECCN 7A008 is amended by revising the
Heading to read as follows:
■
7A008 Underwater sonar navigation
systems using Doppler velocity or
correlation velocity logs integrated with a
heading source and having a positioning
accuracy of equal to or less (better) than 3%
of distance traveled ‘‘Circular Error
Probable’’ (‘‘CEP’’) and specially designed
components therefore.
*
*
*
*
*
48. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7,
■
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65673
ECCN 7B001 is amended by revising the
Heading, and the Related Controls and
Related Definitions paragraphs in the
List of Items Controlled section, to read
as follows:
7B001 Test, calibration or alignment
equipment, specially designed for equipment
controlled by 7A (except 7A994).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: (1) See also 7B101, 7B102
and 7B994. (2) This entry does not control
test, calibration or alignment equipment for
‘Maintenance level I’ or ‘Maintenance Level
II’.
Related Definition: (1) ‘‘Maintenance Level
I’’: The failure of an inertial navigation unit
is detected on the aircraft by indications from
the Control and Display Unit (CDU) or by the
status message from the corresponding subsystem. By following the manufacturer’s
manual, the cause of the failure may be
localized at the level of the malfunctioning
Line Replaceable Unit (LRU). The operator
then removes the LRU and replaces it with
a spare. (2) ‘Maintenance Level II’: The
defective LRU is sent to the maintenance
workshop (the manufacturer’s or that of the
operator responsible for level II
maintenance). At the maintenance workshop,
the malfunctioning LRU is tested by various
appropriate means to verify and localize the
defective Shop Replaceable Assembly (SRA)
module responsible for the failure. This SRA
is removed and replaced by an operative
spare. The defective SRA (or possibly the
complete LRU) is then shipped to the
manufacturer. ‘Maintenance Level II’ does
not include the removal of controlled
accelerometers or gyro sensors from the SRA.
*
*
*
*
*
49. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7,
ECCN 7B002 is amended by revising the
Heading to read as follows:
■
7B002 Equipment specially designed to
characterize mirrors for ring ‘‘laser’’ gyros,
as follows (see List of Items Controlled).
*
*
*
*
*
50. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7,
ECCN 7D002 is amended by revising the
Heading and the Related Control and
Related Definitions paragraphs in the
List of Items Controlled Section, to read
as follows:
■
7D002 ‘‘Source code’’ for the ‘‘use’’ of any
inertial navigation equipment, including
inertial equipment not controlled by 7A003
or 7A004, or Attitude and Heading
Reference Systems (‘AHRS’).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: (1) See also 7D102 and
7D994. (2) This entry does not control
‘‘source code’’ for the ‘‘use’’ of gimballed
‘AHRS’.
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Related Definition: ‘‘AHRS’’ generally
differ from Inertial Navigation Systems (INS)
in that an ‘AHRS’ provides attitude and
heading information and normally does not
provide the acceleration, velocity and
position information associated with an INS.
■
*
7E003 ‘‘Technology’’ according to the
General Technology Note for the repair,
refurbishing or overhaul of equipment
controlled by 7A001 to 7A004.
*
*
*
*
51. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7,
ECCN 7D003 is amended by revising the
Heading and Items paragraph in the List
of Items Controlled section, to read as
follows:
■
53. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7,
ECCN 7E003 is amended by revising the
Related Definitions paragraph in the List
of Items Controlled, to read as follows:
*
*
*
*
*
7D003 Other ‘‘software’’ as follows (see
List of Items Controlled).
List of Items Controlled
Related Definition: Refer to the Related
Definitions for 7B001 for ‘Maintenance Level
I’ or ‘Maintenance Level II’.
*
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. ‘‘Software’’ specially designed or
modified to improve the operational
performance or reduce the navigational error
of systems to the levels controlled by 7A003,
7A004 or 7A008;
b. ‘‘Source code’’ for hybrid integrated
systems which improves the operational
performance or reduces the navigational error
of systems to the level controlled by 7A003
or 7A008 by continuously combining
heading data with any of the following:
b.1. Doppler radar or sonar velocity data;
b.2. Global navigation satellite systems
(i.e., GPS or GLONASS) reference data; or
b.3. Data from ‘Data-Based Referenced
Navigation’ (‘DBRN’’) systems;
c. ‘‘Source code’’ for integrated avionics or
mission systems which combine sensor data
and employ ‘‘expert systems’’;
d. ‘‘Source code’’ for the ‘‘development’’ of
any of the following:
d.1. Digital flight management systems for
‘‘total control of flight’’;
d.2. Integrated propulsion and flight
control systems;
d.3. Fly-by-wire or fly-by-light control
systems;
d.4. Fault-tolerant or self-reconfiguring
‘‘active flight control systems’’;
d.5. Airborne automatic direction finding
equipment;
d.6. Air data systems based on surface
static data; or
d.7. Raster-type head-up displays or three
dimensional displays;
e. Computer-Aided-Design (CAD)
‘‘software’’ specially designed for the
‘‘development’’ of ‘‘active flight control
systems’’, helicopter multi-axis fly-by-wire or
fly-by-light controllers or helicopter
‘‘circulation controlled anti-torque or
circulation-controlled direction control
systems’’, whose ‘‘technology’’ is controlled
by 7E004.b, 7E004.c.1 or 7E004.c.2.
52. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7,
ECCN 7E001 is amended by revising the
Heading, to read as follows:
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■
7E001 ‘‘Technology’’ according to the
General Technology Note for the
‘‘development’’ of equipment or ‘‘software’’,
controlled by 7A (except 7A994), 7B (except
7B994) or 7D (except 7D994).
*
*
*
VerDate Nov<24>2008
*
*
*
*
*
54. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7,
ECCN 7E004 is amended by revising the
Heading and the Items paragraph in the
List of Items Controlled section, to read
as follows:
■
*
17:24 Dec 09, 2009
Jkt 220001
7E004 Other ‘‘technology’’ as follows (see
List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. ‘‘Technology’’ for the ‘‘development’’ or
‘‘production’’ of any of the following:
a.1. Airborne automatic direction finding
equipment operating at frequencies
exceeding 5 MHZ;
a.2. Air data systems based on surface
static data only, i.e., which dispense with
conventional air data probes;
a.3. Raster-type head-up displays or three
dimensional displays, for ‘‘aircraft’’;
a.4. Inertial navigation systems or gyroastro compasses, containing accelerometers
or gyros, controlled by 7A001 or 7A002;
a.5. Electric actuators (i.e.,
electromechanical, electrohydrostatic and
integrated actuator package) specially
designed for ‘‘primary flight control’’;
a.6. ‘‘Flight control optical sensor array’’
specially designed for implementing ‘‘active
flight control systems’’; or
a.7. ‘‘DBRN’’ systems designed to navigate
underwater, using sonar or gravity databases,
that provide a positioning accuracy equal to
or less (better) than 0.4 nautical miles;
b. ‘‘Development’’ ‘‘technology’’, as
follows, for ‘‘active flight control systems’’
(including fly-by-wire or fly-by-light):
b.1. Configuration design for
interconnecting multiple microelectronic
processing elements (on-board computers) to
achieve ‘‘real time processing’’ for control
law implementation;
b.2. Control law compensation for sensor
location or dynamic airframe loads, i.e.,
compensation for sensor vibration
environment or for variation of sensor
location from the center of gravity;
b.3. Electronic management of data
redundancy or systems redundancy for fault
detection, fault tolerance, fault isolation or
reconfiguration;
Note: 7E004.b.3. does not control
‘‘technology’’ for the design of physical
redundancy.
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b.4. Flight controls that permit inflight
reconfiguration of force and moment controls
for real time autonomous air vehicle control;
b.5. Integration of digital flight control,
navigation and propulsion control data, into
a digital flight management system for ‘‘total
control of flight’’;
Note: 7E004.b.5 does not control:
1. ‘‘Development’’ ‘‘technology’’ for
integration of digital flight control,
navigation and propulsion control data, into
a digital flight management system for ‘‘flight
path optimization’’;
2. ‘‘Development’’ ‘‘technology’’ for
‘‘aircraft’’ flight instrument systems
integrated solely for VOR, DME, ILS or MLS
navigation or approaches.
b.6. Full authority digital flight control or
multisensor mission management systems,
employing ‘‘expert systems’’;
N.B.: For ‘‘technology’’ for Full Authority
Digital Engine Control (‘‘FADEC’’), see
9E003.a.9.
c. ‘‘Technology’’ for the ‘‘development’’ of
helicopter systems, as follows:
c.1. Multi-axis fly-by-wire or fly-by-light
controllers, which combine the functions of
at least two of the following into one
controlling element:
c.1.a. Collective controls;
c.1.b. Cyclic controls;
c.1.c. Yaw controls;
c.2. ‘‘Circulation-controlled anti-torque or
circulation-controlled directional control
systems’’;
c.3. Rotor blades incorporating ‘‘variable
geometry airfoils’’, for use in systems using
individual blade control.
55. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 8,
ECCN 8B001 is amended by revising the
Heading, to read as follows:
■
8B001 Water tunnels having a background
noise of less than 100 dB (reference 1 μPa,
1 Hz) in the frequency range from 0 to 500
Hz and designed for measuring acoustic
fields generated by a hydro-flow around
propulsion system models.
*
*
*
*
*
56. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 8,
ECCN 8C001 is amended by revising the
Heading and Related Definitions
paragraph in the List of Items Controlled
section, to read as follows:
■
8C001 ‘Syntactic foam’ designed for
underwater use and having all of the
following (see List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Definition: ‘Syntactic foam’
consists of hollow spheres of plastic or glass
embedded in a resin matrix.
*
*
*
*
*
■ 57. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 8,
ECCN 8D001 is amended by revising the
Heading to read as follows:
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8D001 ‘‘Software’’ specially designed or
modified for the ‘‘development’’,
‘‘production’’ or ‘‘use’’ of equipment or
materials, controlled by 8A (except 8A018 or
8A992), 8B or 8C.
ECCN 9A002 is amended by revising the
Heading and Related Definitions
paragraph of the List of Items Controlled
section, to read as follows:
*
9A002 ‘Marine gas turbine engines’ with an
ISO standard continuous power rating of
24,245 kW or more and a specific fuel
consumption not exceeding 0.219 kg/kWh in
the power range from 35 to 100%, and
specially designed assemblies and
components therefor.
*
*
*
*
58. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 8,
ECCN 8E001 is amended by revising the
Heading to read as follows:
■
8E001 ‘‘Technology’’ according to the
General Technology Note for the
‘‘development’’ or ‘‘production’’ of
equipment or materials, controlled by 8A
(except 8A018 or 8A992), 8B or 8C.
*
*
*
*
*
*
*
■ 59. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 8,
ECCN 8E002 is amended by revising the
Heading to read as follows:
8E002 Other ‘‘technology’’ as follows (see
List of Items Controlled).
*
*
*
*
*
■ 60. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9
Aerospace and Propulsion is amended
by revising the Nota Bene at the top of
Product Group A to read as follows:
A. Systems, Equipment and Components
N.B.: For propulsion systems designed or
rated against neutron or transient ionizing
radiation, see the U.S. Munitions List, 22 CFR
part 121.
61. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9A001 is amended by revising the
Items paragraph in the List of Items
Controlled section, to read as follows:
■
9A001 Aero gas turbine engines
incorporating any of the ‘‘technologies’’
controlled by 9E003.a, as follows (See List of
Items Controlled).
*
*
*
*
*
List of Items Controlled
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*
*
*
*
*
Items:
a. Incorporating any of the technologies
controlled by 9E003.a.; or
Note: 9A001.a. does not control aero gas
turbine engines which meet all of the
following:
a. Certified by the civil aviation authority
in a country listed in Supplement No. 1 to
Part 743; and
b. Intended to power non-military manned
aircraft for which any of the following has
been issued by a Participating State listed in
Supplement No. 1 to Part 743 for the aircraft
with this specific engine type:
b.1. A civil type certificate; or
b.2. An equivalent document recognized by
the International Civil Aviation Organization
(ICAO).
b. Designed to power an aircraft designed
to cruise at Mach 1 or higher, for more than
30 minutes.
62. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
■
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17:24 Dec 09, 2009
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*
*
*
*
List of Items Controlled
*
*
*
*
Related Definition: The term ‘marine gas
turbine engines’ includes those industrial, or
aero-derivative, gas turbine engines adapted
for a ship’s electric power generation or
propulsion.
*
*
*
*
*
63. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9A003 is amended by revising the
Heading and the Items paragraph in the
List of Items Controlled section, to read
as follows:
■
9A003 Specially designed assemblies and
components, incorporating any of the
‘‘technologies’’ controlled by 9E003.a, for gas
turbine engine propulsion systems and
having any of the following (see List of Items
Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. Controlled by 9A001; or
b. Whose design or production origins are
either countries in Country Group D:1 or
unknown to the manufacturer.
64. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9A005 is amended by revising the
Heading to read as follows:
■
9A005 Liquid rocket propulsion systems
containing any of the systems or
components, controlled by 9A006. (These
items are subject to the export licensing
authority of the U.S. Department of State,
Directorate of Defense Trade Controls. See
22 CFR part 121).
65675
9A010 Specially designed components,
systems and structures, for launch vehicles,
launch vehicle propulsion systems or
‘‘spacecraft’’. (These items are subject to the
export licensing authority of the U.S.
Department of State, Directorate of Defense
Trade Controls. See 22 CFR part 121).
67. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9A011 is amended by revising the
Heading to read as follows:
■
9A011 Ramjet, scramjet or combined cycle
engines, and specially designed components
therefor. (These items are subject to the
export licensing authority of the U.S.
Department of State, Directorate of Defense
Trade Controls. See 22 CFR part 121).
68. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9B001 is amended by revising the
Heading to read as follows:
■
9B001 Equipment, tooling and fixtures,
specially designed for manufacturing gas
turbine blades, vanes or tip shroud castings,
as follows (See List of Items Controlled).
*
*
*
*
*
■ 69. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9B002 is amended by revising the
Heading, to read as follows:
9B002 On-line (real time) control systems,
instrumentation (including sensors) or
automated data acquisition and processing
equipment, specially designed for the
‘‘development’’ of gas turbine engines,
assemblies or components and incorporating
‘‘technologies’’ controlled by 9E003.a.
*
*
*
*
*
70. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9B003 is amended by revising the
Heading, to read as follows:
■
9B003 Equipment specially designed for
the ‘‘production’’ or test of gas turbine brush
seals designed to operate at tip speeds
exceeding 335 m/s and temperatures in
excess of 773 K (500≥C), and specially
designed components or accessories
therefor.
■
*
*
*
*
71. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9
Aerospace and Propulsion, Export
Control Classification Number 9B004 is
amended by revising the Heading, to
read as follows:
9A006 Systems and components, specially
designed for liquid rocket propulsion
systems. (These items are subject to the
export licensing authority of the U.S.
Department of State, Directorate of Defense
Trade Controls. See 22 CFR part 121).
9B004 Tools, dies or fixtures, for the solid
state joining of ‘‘superalloy’’, titanium or
intermetallic airfoil-to-disk combinations
described in 9E003.a.3 or 9E003.a.6 for gas
turbines.
65. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9A006 is amended by revising the
Heading to read as follows:
66. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9A010 is amended by revising the
Heading to read as follows:
■
PO 00000
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*
■
*
*
*
*
*
■ 72. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9B005 is amended by revising the
Heading and the Items paragraph of the
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List of Items Controlled section to read
as follows:
9B005 On-line (real time) control systems,
instrumentation (including sensors) or
automated data acquisition and processing
equipment, specially designed for use with
any of the following (see List of Items
Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
73. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9B007 is amended by revising the
Heading, to read as follows:
■
9B007 Equipment specially designed for
inspecting the integrity of rocket motors and
using Non-Destructive Test (NDT) techniques
other than planar x-ray or basic physical or
chemical analysis.
*
*
*
74. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9B009 is amended by revising the
Heading, to read as follows:
■
9B009 Tooling specially designed for
producing turbine engine powder metallurgy
rotor components capable of operating at
stress levels of 60% of Ultimate Tensile
Strength (UTS) or more and metal
temperatures of 873 K (600≥C) or more.
*
*
*
*
■ 75. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9B010 is amended by revising the
Heading to read as follows:
mstockstill on DSKH9S0YB1PROD with RULES4
*
9B010 Equipment specially designed for
the production of ‘‘UAVs’’ and associated
systems, equipment and components,
controlled by 9A012.
*
*
*
*
*
■ 76. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9D001 is amended by revising the
Heading, to read as follows:
VerDate Nov<24>2008
17:24 Dec 09, 2009
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*
E. Technology
*
*
*
*
77. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9D003 is amended by revising the
Heading to read as follows:
■
*
Technical Note: ‘Test section size’ in
9B005.a means the diameter of the circle, or
the side of the square, or the longest side of
the rectangle, at the largest test section
location.
b. Devices for simulating flowenvironments at speeds exceeding Mach 5,
including hot-shot tunnels, plasma arc
tunnels, shock tubes, shock tunnels, gas
tunnels and light gas guns; or
c. Wind tunnels or devices, other than twodimensional sections, capable of simulating
Reynolds number flows exceeding 25 × 10 6.
*
79. In Supplement No. 1 to Part 774 (the
Commerce Control List), Category 9
Aerospace and Propulsion, Product Group E
is amended by revising the Note located at
the beginning to read as follows:
9D003 Software’’ specially designed or
modified for the ‘‘use’’ of ‘‘Full Authority
Digital Electronic Engine Controls’’ (FADEC)
for propulsion systems controlled by 9A
(except 9A018, 9A990 or 9A991) or
equipment controlled by 9B (except 9B990 or
9B991), as follows (see List of Items
Controlled).
*
Items:
a. Wind tunnels designed for speeds of
Mach 1.2 or more;
Note: 9B005.a does not control wind
tunnels specially designed for educational
purposes and having a ‘test section size’
(measured laterally) of less than 250 mm.
*
9D001 Software’’ specially designed or
modified for the ‘‘development’’ of
equipment or ‘‘technology’’, controlled by 9A
(except 9A018, 9A990 or 9A991), 9B (except
9B990 or 9B991) or 9E003.
*
*
*
*
■ 78. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9D004 is amended by revising the
Heading and the Items paragraph of the
List of Items Controlled section to read
as follows:
9D004 Other ‘‘software’’ as follows (see
List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
Frm 00016
Fmt 4701
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*
*
*
*
*
80. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9E001 is amended by revising the
Heading and the Related Definitions
paragraph of the List of Items Controlled
section to read as follows:
■
9E001 ‘‘Technology’’ according to the
General Technology Note for the
‘‘development’’ of equipment or ‘‘software’’,
controlled by 9A001.b, 9A004 to 9A012, 9B
(except 9B990 or 9B991), or 9D (except
9D990 or 9D991)
*
*
Items:
a. 2D or 3D viscous ‘‘software’’, validated
with wind tunnel or flight test data required
for detailed engine flow modelling;
b. ‘‘Software’’ for testing aero gas turbine
engines, assemblies or components, specially
designed to collect, reduce and analyze data
in real time and capable of feedback control,
including the dynamic adjustment of test
articles or test conditions, as the test is in
progress;
c. ‘‘Software’’ specially designed to control
directional solidification or single crystal
casting;
d. ‘‘Software’’ in ‘‘source code’’, ‘‘object
code’’ or machine code, required for the
‘‘use’’ of active compensating systems for
rotor blade tip clearance control;
Note: 9D004.d does not control ‘‘software’’
embedded in equipment not controlled in the
Commerce Control List (Supplement No. 1 to
Part 774) or required for maintenance
activities associated with the calibration or
repair or updates to the active compensating
clearance control system.
e. ‘‘Software’’ specially designed or
modified for the ‘‘use’’ of ‘‘UAVs’’ and
associated systems, equipment and
components, controlled by 9A012;
f. ‘‘Software’’ specially designed to design
the internal cooling passages of aero gas
turbine engine blades, vanes and tip shrouds;
g. ‘‘Software’’ having all of the following:
g.1. Specially designed to predict aero
thermal, aeromechanical and combustion
conditions in aero gas turbine engines; and
g.2. Theoretical modeling predictions of
the aero thermal, aeromechanical and
combustion conditions, which have been
validated with actual turbine engine
(experimental or production) performance
data.
PO 00000
Note: ‘‘Development’’ or ‘‘production’’
‘‘technology’’ controlled by 9E001 to 9E003
for gas turbine engines remains controlled
when used as ‘‘use’’ ‘‘technology’’ for repair,
rebuild and overhaul. Excluded from 9E001
to 9E003 control are: technical data, drawings
or documentation for maintenance activities
directly associated with calibration, removal
or replacement of damaged or unserviceable
line replaceable units, including replacement
of whole engines or engine modules.
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Definitions: N/A.
*
*
*
*
*
81. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9E003 is amended by revising the
Items paragraph of the List of Items
Controlled section, to read as follows:
■
9E003 Other ‘‘technology’’ as follows (see
List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. ‘‘Technology’’ ‘‘required’’ for the
‘‘development’’ or ‘‘production’’ of any of the
following gas turbine engine components or
systems:
a.1. Gas turbine blades, vanes or tip
shrouds, made from directionally solidified
(DS) or single crystal (SC) alloys and having
(in the 001 Miller Index Direction) a stressrupture life exceeding 400 hours at 1,273 K
(1,000 °C) at a stress of 200 MPa, based on
the average property values;
a.2. Multiple domed combustors operating
at average burner outlet temperatures
exceeding 1,813 K (1,540 °C) or combustors
incorporating thermally decoupled
combustion liners, non-metallic liners or
non-metallic shells;
a.3. Components manufactured from any of
the following:
a.3.a. Organic ‘‘composite’’ materials
designed to operate above 588 K (315 °C);
a.3.b. Metal ‘‘matrix’’ ‘‘composite’’, ceramic
‘‘matrix’’, intermetallic or intermetallic
reinforced materials, controlled by 1C007; or
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a.3.c. ‘‘Composite’’ material controlled by
1C010 and manufactured with resins
controlled by 1C008;
a.4. Uncooled turbine blades, vanes, tipshrouds or other components, designed to
operate at gas path total (stagnation)
temperatures of 1,323 K (1,050 °C) or more
at sea-level static take-off (ISA) in a ‘‘steady
state mode’’ of engine operation;
a.5. Cooled turbine blades, vanes or tipshrouds, other than those described in
9E003.a.1, exposed to gas path total
(stagnation) temperatures of 1,643 K (1,370
°C) or more at sea-level static take-off (ISA)
in a ‘steady state mode’ of engine operation;
Technical Note: The term ‘steady state
mode’ defines engine operation conditions,
where the engine parameters, such as thrust/
power, rpm and others, have no appreciable
fluctuations, when the ambient air
temperature and pressure at the engine inlet
are constant.
a.6. Airfoil-to-disk blade combinations
using solid state joining;
a.7. Gas turbine engine components using
‘‘diffusion bonding’’ ‘‘technology’’ controlled
by 2E003.b;
a.8. Damage tolerant gas turbine engine
rotating components using powder
metallurgy materials controlled by 1C002.b;
a.9. Full authority digital electronic engine
control (FADEC) for gas turbine and
combined cycle engines and their related
diagnostic components, sensors and specially
designed components;
a.10. Adjustable flow path geometry and
associated control systems for:
a.10.a. Gas generator turbines;
a.10.b. Fan or power turbines;
a.10.c. Propelling nozzles; or
Note 1: Adjustable flow path geometry and
associated control systems in 9E003.a.10 do
not include inlet guide vanes, variable pitch
fans, variable stators or bleed valves, for
compressors.
mstockstill on DSKH9S0YB1PROD with RULES4
Note 2: 9E003.a.10 does not control
‘‘development’’ or ‘‘production’’
‘‘technology’’ for adjustable flow path
geometry for reverse thrust.
a.11. Hollow fan blades;
b. ‘‘Technology’’ ‘‘required’’ for the
‘‘development’’ or ‘‘production’’ of any of the
following:
b.1. Wind tunnel aero-models equipped
with non-intrusive sensors capable of
transmitting data from the sensors to the data
acquisition system; or
b.2. ‘‘Composite’’ propeller blades or
propfans, capable of absorbing more than
2,000 kW at flight speeds exceeding Mach
0.55;
VerDate Nov<24>2008
17:24 Dec 09, 2009
Jkt 220001
c. ‘‘Technology’’ ‘‘required’’ for the
‘‘development’’ or ‘‘production’’ of gas
turbine engine components using ‘‘laser’’,
water jet, Electro-Chemical Machining (ECM)
or Electrical Discharge Machines (EDM) hole
drilling processes to produce holes having
any of the following:
c.1. All of the following:
c.1.a. Depths more than four times their
diameter;
c.1.b. Diameters less than 0.76 mm; and
c.1.c. ‘Incidence angles’ equal to or less
than 25°; or
c.2. All of the following:
c.2.a. Depths more than five times their
diameter;
c.2.b. Diameters less than 0.4 mm; and
c.2.c. ‘Incidence angles’ of more than 25°;
Technical Note: For the purposes of
9E003.c, ‘incidence angle’ is measured from
a plane tangential to the airfoil surface at the
point where the hole axis enters the airfoil
surface.
d. ‘‘Technology’’ ‘‘required’’ for the
‘‘development’’ or ‘‘production’’ of helicopter
power transfer systems or tilt rotor or tilt
wing ‘‘aircraft’’ power transfer systems;
e. ‘‘Technology’’ for the ‘‘development’’ or
‘‘production’’ of reciprocating diesel engine
ground vehicle propulsion systems having all
of the following:
e.1. ‘Box volume’ of 1.2 m3 or less;
e.2. An overall power output of more than
750 kW based on 80/1269/EEC, ISO 2534 or
national equivalents; and
e.3. Power density of more than 700 kW/
m3 of ‘box volume’;
Technical Note: ‘Box volume’ is the
product of three perpendicular dimensions
measured in the following way:
Length: The length of the crankshaft from
front flange to flywheel face;
Width: The widest of any of the following:
a. The outside dimension from valve cover
to valve cover;
b. The dimensions of the outside edges of
the cylinder heads; or
c. The diameter of the flywheel housing;
Height: The largest of any of the following:
a. The dimension of the crankshaft centerline to the top plane of the valve cover (or
cylinder head) plus twice the stroke; or
b. The diameter of the flywheel housing.
f. ‘‘Technology’’ ‘‘required’’ for the
‘‘production’’ of specially designed
components for high output diesel engines,
as follows:
f.1. ‘‘Technology’’ ‘‘required’’ for the
‘‘production’’ of engine systems having all of
the following components employing
ceramics materials controlled by 1C007:
PO 00000
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65677
f.1.a Cylinder liners;
f.1.b. Pistons;
f.1.c. Cylinder heads; and
f.1.d. One or more other components
(including exhaust ports, turbochargers,
valve guides, valve assemblies or insulated
fuel injectors);
f.2. ‘‘Technology’’ ‘‘required’’ for the
‘‘production’’ of turbocharger systems with
single-stage compressors and having all of
the following:
f.2.a. Operating at pressure ratios of 4:1 or
higher;
f.2.b. Mass flow in the range from 30 to 130
kg per minute; and
f.2.c. Variable flow area capability within
the compressor or turbine sections;
f.3. ‘‘Technology’’ ‘‘required’’ for the
‘‘production’’ of fuel injection systems with
a specially designed multifuel (e.g., diesel or
jet fuel) capability covering a viscosity range
from diesel fuel (2.5 cSt at 310.8 K (37.8°C))
down to gasoline fuel (0.5 cSt at 310.8 K
(37.8°C)) and having all of the following:
f.3.a. Injection amount in excess of 230
mm3 per injection per cylinder; and
f.3.b. Electronic control features specially
designed for switching governor
characteristics automatically depending on
fuel property to provide the same torque
characteristics by using the appropriate
sensors;
g. ‘‘Technology’’ ‘‘required’’ for the
development’’ or ‘‘production’’ of ‘high
output diesel engines’ for solid, gas phase or
liquid film (or combinations thereof) cylinder
wall lubrication and permitting operation to
temperatures exceeding 723 K (450°C),
measured on the cylinder wall at the top
limit of travel of the top ring of the piston;
Technical Note: ‘High output diesel
engines’ are diesel engines with a specified
brake mean effective pressure of 1.8 MPa or
more at a speed of 2,300 r.p.m., provided the
rated speed is 2,300 r.p.m. or more.
h. ‘‘Technology’’ not otherwise controlled
in 9E003.a.1 through a.10 and currently used
in the ‘‘development’’, ‘‘production’’, or
overhaul of hot section parts and components
of civil derivatives of military engines
controlled on the U.S. Munitions List.
Dated: November 30, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export
Administration.
[FR Doc. E9–28985 Filed 12–9–09; 8:45 am]
BILLING CODE 3510–33–P
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]]>Agencies
[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Rules and Regulations]
[Pages 65662-65677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28985]
[[Page 65661]]
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Part IV
Department of Commerce
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Bureau of Industry and Security
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15 CFR Parts 772 and 774
Implementation of the Wassenaar Arrangement's (WA) Task Force on
Editorial Issues (TFEI) Revisions; Final Rule
Federal Register / Vol. 74 , No. 236 / Thursday, December 10, 2009 /
Rules and Regulations
[[Page 65662]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 772 and 774
[Docket No. 0908271249-91275-01]
RIN 0694-AE71
Implementation of the Wassenaar Arrangement's (WA) Task Force on
Editorial Issues (TFEI) Revisions
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Wassenaar Arrangement (WA) Task Force on Editorial Issues
(TFEI) made revisions, editorial in nature, to clarify, remove
extraneous text or correct text that appears in Export Control
Classification Numbers (ECCNs) on the Commerce Control List of the
Export Administration Regulations. The TFEI revisions (over 2,000) were
agreed upon by the WA in December 2007. The WA implementation rules for
2007 and 2008 contain only the TFEI revisions that coincided with the
revisions to ECCNs affected by the 2007 and 2008 WA agreements. This
rule implements the remaining TFEI revisions.
DATES: Effective Dates: This rule is effective: December 10, 2009.
FOR FURTHER INFORMATION CONTACT: Sharron Cook, Office of Exporter
Services, Regulatory Policy Division 202-482-2440, scook@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Task Force on Editorial Issues (TFEI)
The Wassenaar Arrangement Task Force on Editorial Issues (TFEI)
made revisions, editorial in nature, to clarify, remove extraneous text
or correct text that appears in the Wassenaar Dual-Use List. This was
assigned to the TFEI by the Wassenaar Arrangement in order to bring the
Wassenaar Dual-Use List into conformity with TFEI guidelines. The TFEI
revisions (over 2,000) were agreed upon by the WA in December 2007.
Some of these revisions were made on October 14, 2008 (73 FR 60910) in
the rule entitled ``Wassenaar Arrangement Plenary Agreements
Implementation: December 2007 Categories 1, 2, 3, 5 Parts I and II, 6,
7, and 9 of the Commerce Control List, Definitions; December 2006 Solar
Cells.'' More of these revisions are made in the rule entitled
``Wassenaar Arrangement 2008 Plenary Agreements Implementation:
Categories 1, 2, 3, 4, 5 Parts I and II, 6, 7, 8 and 9 of the Commerce
Control List, Definitions, Reports.'' This rule implements the
remaining TFEI revisions not included in either of the aforementioned
rules.
Revisions to the Commerce Control List
This rule revises a number of entries on the Commerce Control List
(CCL) to implement the 2007 and 2008 WA TFEI agreed revisions to the
Wassenaar List of Dual Use Goods and Technologies. As described below,
the amendments apply to ECCNs 1A001, 1B001, 1C001, 1C002,1C003, 1C004,
1C005, 1C007, 1C009, 1C011, 1C012, 2A001, 2B001, 2B004, 2B005, 2B009,
2E003, 3A002, 3B002, 3C001, 3C003, 3D002, 3D003, 3D004, 3E002, 3E003,
4A001, 4A003, 4A004, 6A007, 6B004, 6B008, 6C002, 6C004, 6C005, 6E003,
7A001, 7A002, 7A004, 7A006, 7A008, 7B001, 7B002, 7D002, 7D003, 7E001,
7E003, 7E004, 8B001, 8C001, 8D001, 8E001, 8E002, 9A001, 9A002, 9A003,
9A005, 9A006, 9A010, 9A011, 9B001, 9B002, 9B003, 9B004, 9B005, 9B007,
9B009, 9B010, 9D001, 9D003, 9D004, 9E001, and 9E003.
Category 1 Special Materials and Related Equipment, Chemicals,
``Microorganisms,'' and Toxins
ECCN 1A001 is amended by:
a. Adding two commas to 1A001.a to clarify that the modifiers in
the sentence apply to each of the listed items;
b. Adding two commas to 1A001.b to clarify that the modifiers in
the sentence apply to each of the listed items; and
c. Adding a comma to 1A001.c to clarify that the modifier in the
sentence applies to each of the listed items.
ECCN 1B001 is amended by:
a. Adding a comma to the Heading to clarify that the modifier
applies to each item listed before it;
b. Adding a comma in 1B001.a, .b, and .c to clarify that the
modifier applies to each item listed before it; and
c. Adding two commas in 1B001.d.2 to clarify that the modifier
applies to each item listed before it.
ECCN 1C001 is amended by:
a. Removing the word ``characteristics'' from Note 1.c because it
was unnecessary;
b. Adding the phrase ``all of the following'' to Note 1.d to
clarify that all the parameters of the subparagraphs apply; and
c. Adding single quotes around the two terms in 1C001.c and the
Technical Note that follows 1C001.c.5 to indicate these terms are
defined in this entry.
ECCN 1C002 is amended by:
a. Replacing the word ``or'' with ``and'' in the Note to harmonize
with the WA text;
b. Adding a comma in the Note to clarify that the modifier applies
to each of the items before it;
c. Adding single quotes around two terms in the Technical Notes to
indicate that these terms are defined in the entry;
d. Replacing words ``percent'' with ``% by'' in 1C002.a.1 and a.2
to clarify the meaning of the text;
e. Replacing ``with'' with ``having any of the following'' for
clarity of meaning in 1C002.b.1, b.2, and b.3;
f. Adding single quotes around terms in 1C002.b.1, b.2, and b.3 to
indicate that these terms are defined in the entry;
g. Replacing ``with a tensile strength of:'' with ``having any of
the following'' in 1C002.b.4, because we moved ``tensile strength''
into the subparagraphs for clarity;
h. Replacing ``with a tensile strength of:'' with ``having all of
the following'' in 1C002.b.5 to clarify the text;
i. Removing the word ``characteristics'' in 1C002.c, because it was
superfluous;
j. Removing the word ``and'' from 1C002.c.1.e because it was
superfluous;
k. Adding an ``and'' in 1C002.c.2.g to conform to the WA text;
l. Adding paragraph 1C002.c.3 to conform to the WA text;
m. Removing the term ``characteristics'' in 1C002.d because it is
superfluous; and
n. Replacing ``in'' with ``by'' in 1C002.d.1 to conform to WA text.
ECCN 1C003 is amended by:
a. Replacing the word ``characteristics'' with ``following'' in the
Heading for clarity;
b. Removing the superfluous word ``characteristics'' in 1C003.b and
.c, and removing a superfluous comma in 1C003.b;
c. Adding single quotes around `nanocrystalline' in 1C003.c and the
Technical Note to indicate that this term is defined in this entry; and
d. Replacing the word ``percent'' with the percent symbol in
1C003.c.1 for clarity.
ECCN 1C004 is amended by replacing the word ``characteristics''
with ``following'' in the Heading to clarify the text.
ECCN 1C005 is amended by adding single quotes around the term
`filaments' in 1C005.a, .b, .c, and the Technical Note to indicate that
the term is defined in this entry.
ECCN 1C006 is amended by:
a. Removing the phrase ``compounds or materials'' from 1C006.a, .b
and .c because it was superfluous;
b. Adding single quotes around the term `silahydrocarbon oils' in
1C006.a.1 and Technical Note to indicate that this term is defined in
the entry;
[[Page 65663]]
c. Adding single quotes around multiple terms in 1C006.a to
indicate that these terms are defined in this entry;
d. Moving a Technical Note from after 1C006.d to 1C006.a to place
it closer in location to where the terms are used in this entry;
e. Adding a comma in 1C006.c to clarify that the modifier applies
to both the listed items before it;
f. Removing a comma in 1C006.d to correct the punctuation; and
g. Removing the word ``characteristics'' from 1C006.d because it
was superfluous.
ECCN 1C007 is amended by adding a comma to 1C007.a to indicate that
the modifier applies to all the items before it.
ECCN 1C009 is amended by deleting a superfluous comma in the
Heading.
ECCN 1C011 is amended by:
a. Replacing the words ``of these'' with ``thereof'' in 1C011.a to
clarify the text; and
b. Revising the identical Notes after 1C011.a and .b by adding the
phrase ``also refer to'', removing the phrase ``are controlled whether
or not the'' and the word ``are'' to clarify the text.
ECCN 1C012 is amended by re-indexing the Note 1C012.a, and adding
double quotes around the term ``previously separated'' in 1C012.b to
indicate that it is defined in Part 772.
Category 2 Materials Processing
ECCN 2A001 is amended by:
a. Removing the redundant Note at the beginning of the Items
paragraph in the List of Items Controlled section, and replacing
``tolerance'' with ``tolerances'' to correct the grammar in the Note;
and
b. Adding commas to indicate the modifiers apply to each item
listed before it in 2A001.a and .b.
ECCN 2B001 is amended by removing a superfluous comma in the Note
following 2B001.c.
ECCN 2B004 is amended by:
a. Removing a comma from the Heading to correct the punctuation;
and
b. Adding the word ``Having'' in 2B004.b to harmonize with WA text.
ECCN 2B005 is amended by:
a. Adding a comma to Note 1 of the Related Controls paragraph of
the List of Items Controlled section;
b. Adding the word ``A'' to 2B005.a.1 to clarify the text;
c. Adding the word ``Having'' to 2B005.a.2 to clarify the text;
d. Adding the missing word ``deposition'', and replacing a comma
with the word ``and'' in 2B005.c to conform to the WA text;
e. Removing the word ``characteristics'' in 2B005.d, because it is
superfluous; and
f. Adding the missing word ``production'' in 2B005.f to conform to
the WA text.
ECCN 2B009 is amended by moving a phrase from the middle of the
sentence to the beginning to clarify the text of the Technical Note
following 2B009.b.
ECCN 2E003 is amended by:
a. Removing single quotes and replacing upper case with lower case
letter in the phrase ``Resultant Coating'' in the Nota Bene after
2E003.f, because it was not a defined term in this entry; and
b. Removing the capitalization from the phrase `coating process' in
the Nota Bene after 2E003.f to correct the capitalization.
Notes to Table on Deposition Techniques in Category 2 are amended
by:
a. In Note 5, replacing the word ``percent'' with the percent
symbol in multiple places;
b. Replacing ``this category'' with ``Category 2'' in Note 10 to
conform to the WA text; and
c. Adding two commas and an ``or'' to Note 17 to conform to the WA
text.
Category 3 Electronics
ECCN 3A002 is amended by replacing the word ``includes'' with
``include'' in Note 1 that follows 3A002.d.4 to correct the grammar.
ECCN 3B002 is amended by removing commas to correct the punctuation
in the Heading.
ECCN 3C001 is amended by:
a. Removing the definition in the Related Definitions paragraph of
the List of Items Controlled section, because this term is defined in
Part 772;
b. Adding chemical symbols in 3C001.a, .b, and .c for clarity; and
c. Adding double quotes around the term ``III/V compounds'' in
3C001.d to indicate that this term is defined in Part 772.
ECCN 3C003 is amended by:
a. Removing a comma in the Heading to correct the punctuation; and
b. Adding a comma in 3C003.a and .b to indicate that the modifier
applies to each item listed before it.
ECCN 3D002 is amended by removing the subparagraphs in the Items
paragraph of the List of Items Controlled and adding them to the
Heading.
ECCN 3D003 is amended by adding single quotes around the term
`Physics-based' in the Heading to indicate that the term is defined in
the entry.
ECCN 3D004 is amended by removing the superfluous word ``the'' from
the Heading.
ECCN 3E002 is amended by:
a. Adding single quotes around the term `vector processor unit' in
3E002.a and the Technical Note, as well as changing the word
``processing'' to read ``processor'' in the Technical Note;
b. Adding double quotes around the term ``signal processing'' in
3E002.c to indicate that this term is defined in Part 772; and
c. Adding double quotes around the term ``technology'' in the Note
to 3E002.c to indicate that this term is defined in Part 772.
ECCN 3E003 is amended by:
a. Revising the Heading to conform to WA text; and
b. Adding double quotes around the term ``technology'' in the Note
to 3E003.b to indicate that this term is defined in Part 772.
Category 4 Computers
ECCN 4A001 is amended by:
a. Revising the Heading to conform to WA text;
b. Replacing the word ``either'' to read ``any'' in 4A001.a to
conform to WA text;
c. Removing the superfluous word ``characteristics'' in 4A001.a;
and
d. Adding the word ``or'' to 4A001.a.1 to conform with WA text.
ECCN 4A003 is amended by:
a. Removing a comma in the Heading to correct the punctuation;
b. Replacing the alphabetic indexing with hyphens in Note 1;
c. Adding single quotes around the term `vector processors' and
adding a parenthetical statement to indicate the location of the
definition; and
d. Replacing double quotes with single quotes around the terms
`Adjusted Peak Performance' and `APP' in 4A003.b and .c to indicate
that this term is defined in the Technical Note on the `Adjusted Peak
Performance' located at the end of Category 4.
ECCN 4A004 is amended by removing the comma in the Heading to
correct the punctuation.
Technical Note on ``Adjusted Peak Performance'' (``APP'') is
amended by adding double quotes around the abbreviation ``APP''
throughout the Technical Note, and replacing the double quotes with
single quotes around the term `vector processor(s)' in Notes 4 and 7.
Category 6 Sensors
ECCN 6A007 is amended by:
a. Adding the word ``and'' in 6A007.a and .b to conform to WA text;
and
b. Removing the phrase ``for ground, marine, submersible, space or
airborne use,'' from 6A007.b to conform to the WA text.
ECCN 6B004 is amended by removing a superfluous comma in the
Heading to correct the punctuation.
[[Page 65664]]
ECCN 6B008 is amended by adding a comma to the Heading to correct
the punctuation.
ECCN 6C002 is amended by:
a. Removing a superfluous comma in the Heading to correct the
punctuation; and
b. Adding single quotes around the term ``mole fraction'' in
6C002.b.1 and the Technical Note that follows to indicate that this
term is defined in the entry.
ECCN 6C004 is amended by:
a. Removing a superfluous commas in Heading;
b. Replacing a comma with the word ``and'' in 6C004.a and .e to
conform to the WA text;
c. Replacing ``having'' with ``and'' in 6C004.a.2;
d. Adding the phrase ``any of'' in 6C004.b to conform to WA text;
and
e. Adding an ``or'' in 6C004.b.2 to conform to the WA text.
ECCN 6C005 is amended by removing a superfluous comma in the
Heading to correct the punctuation.
ECCN 6E003 is amended by:
a. Removing a superfluous commas in the Heading and 6E003.d to
correct the punctuation;
b. Moving the word ``optics'' from inclusion in 6D003.d to above
6D003.d to read ``Optics'' in order to create a section heading within
the list; and
c. Adding a comma in 6E003.d.1 to correct the punctuation.
Category 7 Navigation and Avionics
ECCN 7A001 is amended by:
a. Removing superfluous commas from the Heading and 7A001.a.1 and
a.2;
b. Replacing a period with a semi-colon in 7A001.a.3 to correct the
punctuation; and
c. Adding a comma in 7A001.b to correct punctuation.
ECCN 7A002 is amended by:
a. Removing a superfluous comma and the word ``characteristics''
from the Heading to conform with WA text;
b. Adding single quotes around the phrase `spinning mass gyros' in
the Note that follows 7A002.b to indicate that the term is defined in
the entry; and
c. Moving the parenthetical phrase from the Note after 7A002.b into
a new Technical Note to conform with the WA text.
ECCN 7A004 is amended by removing a superfluous comma from the
Heading to correct the punctuation.
ECCN 7A006 is amended by replacing a comma with the word ``and''
and removing the word ``characteristics'' in the Heading to conform to
the WA text.
ECCN 7A008 is amended by replacing a comma with the word ``and''
and removing two commas in the Heading to correct the grammar.
ECCN 7B001 is amended by:
a. Adding a comma to the Heading to correct the punctuation;
b. Adding single quotes to the terms `Maintenance Level I' and
`Maintenance Level II' in the Related Controls and Related Definitions
paragraphs of the List of Items Controlled section because those terms
are defined in the entry; and
c. Adding capitalization to ``Line Replaceable Unit'' and ``Shop
Replaceable Assembly'' in the Related Definitions paragraph of the List
of Items Controlled section to conform with the WA text.
ECCN 7B002 is amended by moving the phrase ``as follows (see List
of Items Controlled)'' to the end of the Heading and removing a
superfluous comma to correct the punctuation.
ECCN 7D002 is amended by:
a. Adding a comma and removing the parenthetical to the Heading to
conform with WA text;
b. Adding single quotes around the term `AHRS' in the Heading and
in the Related Controls and Related Definitions paragraphs in the List
of Items Controlled section to indicate that this term is defined in
this entry; and
c. Capitalizing ``Inertial Navigation Systems'' in the Related
Definitions paragraph of the List of Items Controlled section to
conform to WA text.
ECCN 7D003 is amended by:
a. Removing a superfluous comma from the Heading to correct the
punctuation;
b. Replacing the word ``that'' with ``which'' in 7D003.b and .c to
conform to WA text;
c. Capitalizing the term ``Computer-Aided-Design'' in 7D003.e to
conform to WA text; and
d. Adding a comma in 7D003.e to correct the punctuation.
ECCN 7E001 is amended by adding a comma in the Heading to correct
the punctuation.
ECCN 7E003 is amended by clarifying the text in the Related
Definitions section of the List of Items Controlled section.
ECCN 7E004 is amended by:
a. Removing a superfluous comma from the Heading to correct the
punctuation;
b. Adding the phrase ``any of the following'' to 7E004.a to conform
with the WA text;
c. Replacing the word ``that'' with ``which'' in 7E004.a.2 and c.1
to conform to the WA text;
d. Adding commas to 7E004.a.3, a.4, a.7, b.5, Note to 7E004.b.5,
b.6, c.1, and c.3 to correct the punctuation; and
e. Adding the word ``or'' to 7E004.a.6 to conform with WA text.
Category 8 Marine
ECCN 8B001 is amended by removing a comma and replacing a comma
with the word ``and'' in the Heading to conform with WA text.
ECCN 8C001 is amended by:
a. Adding single quotes around `syntactic foam' in the Heading and
in the Related Definitions paragraph in the List of Items Controlled
section, to indicate that the term is defined in the entry; and
b. Replacing a comma with the word ``and'' in the Heading to
conform with WA text.
ECCN 8D001 is amended by adding a comma in the Heading to correct
the punctuation.
ECCN 8E001 is amended by adding a comma in the Heading to correct
the punctuation.
ECCN 8E002 is amended by removing a superfluous comma from Heading
to correct the punctuation.
Category 9 Propulsion Systems, Space Vehicles and Related Equipment
Product Group A is amended by revising the Nota Bene that appears
at the beginning by adding the missing word ``radiation'' to conform
with the WA text.
ECCN 9A001 is amended by:
a. Re-indexing the Note that follows 9A001.a to conform to the WA
text;
b. Replacing a period with a colon in what is now paragraph b of
Note to 9A001.a to correct the punctuation;
c. Removing capitalization on ``type certificate'' in paragraph b.1
of Note to 9A001.a to conform with WA text; and
d. Adding a comma in 9A001.b to correct the punctuation.
ECCN 9A002 is amended by adding single quotes around the term
`Marine gas turbine engines' in the Heading and replacing double quotes
with single quotes around the same term in the Related Definitions
paragraph of the List of Items Controlled section to conform with the
WA text.
ECCN 9A003 is amended by:
a. Replacing the phrase ``, as follows'' with ``and having any of
the following'' in the Heading to conform with WA text; and
b. Adding the word ``or'' in 9A003.a to conform to WA text.
ECCN 9A005 is amended by adding a comma to the Heading to correct
the punctuation.
ECCN 9A006 is amended by adding a comma to the Heading to correct
the punctuation.
ECCN 9A010 is amended by adding a comma to the Heading to conform
with WA text.
ECCN 9A011 is amended by adding a comma to the Heading to conform
with WA text.
[[Page 65665]]
ECCN 9B001 is amended by moving the phrases ``specially designed''
and ``as follows (see List of Items Controlled)'' within the Heading to
conform to WA text.
ECCN 9B002 is amended by adding the word ``and'' to the Heading to
conform with WA text.
ECCN 9B003 is amended by removing a superfluous comma from the
Heading to correct the punctuation.
ECCN 9B004 is amended by adding a comma to the Heading to correct
the punctuation.
ECCN 9B005 is amended by:
a. Removing the phrase ``wind tunnels or devices'' from the Heading
to conform with WA text; and
b. Moving the a phrase from 9B005.a to a new Note for 9B005.a and
adding single quotes around the phrase `test section size' in that same
Note and the associated Technical Note because the term is defined in
the entry.
ECCN 9B007 is amended by adding the word ``and'', capitalizing
``Non-Destructive Test'' and removing the capitalization on ``x-ray''
in the Heading to conform with WA text;
ECCN 9B009 is amended by capitalizing the phrase ``Ultimate Tensile
Strength'' in the Heading to conform with WA text;
ECCN 9B010 is amended by adding a comma to correct the punctuation
in the Heading.
ECCN 9D001 is amended by adding a comma to correct the punctuation
in the Heading.
ECCN 9D003 is amended by capitalizing and adding double quotes
around the phrase ``Full Authority Digital Electronic Engine Controls''
in the Heading to indicate that this term is defined in Part 772.
(Note: WA defines this term under ``FADEC'')
ECCN 9D004 is amended by:
a. Removing commas from Heading and 9D004.b to correct the
punctuation;
b. Adding commas to 9D004.a, .d, .e, and .g.2 to correct the
punctuation;
c. Replacing periods with semi-colons in 9D004.d and .e to correct
the punctuation;
d. Revising the Note to 9D004.d by removing the word
``uncontrolled'' and adding the phrase ``not controlled in the Commerce
Control List (Supplement No. 1 to Part 774)'' to conform with the WA
text;
e. Removing the superfluous word ``characteristics'' from 9D004.g
to conform to the WA text; and
f. Removing the superfluous word ``Being'' and ``Having'' from
9D004.g.1 and g.2, respectively, to conform with WA text.
Note at the beginning of Category 9 Group E is amended by adding
the phrase ``9E001 to 9E003'' in the second sentence and adding a
period to the end of the second sentence to conform to WA text.
ECCN 9E001 is amended by:
a. Adding a comma to the Heading to correct the punctuation; and
b. Removing the text in the Related Definitions paragraph with ``N/
A'' because this is redundant to the Note at the beginning of Product
Group E of Category 9.
ECCN 9E003 is amended by:
a. Replacing a comma with the word ``or'' in 9E003.a to conform
with WA text;
b. Adding a comma in Note 1 to 9E003.a.10 to correct punctuation;
c. Adding single quotes to the term `incidence angle' in the
Technical Note after 9E003.c.2.c to indicate that the term is defined
in the entry; and
d. Removing a comma from 9E003.f to correct the punctuation.
Part 772 is amended by revising the terms ``specific modulus'' and
``specific tensile strength'' by adding a comma after the term ``N/
m\2\'' in each definition to clarify the meaning.
Since August 21, 2001, the Act has been in lapse. However, the
President, through Executive Order 13222 of August 17, 2001 (3 CFR,
2001 Comp. 783 (2002)), which has been extended by successive
Presidential Notices, the most recent being that of August 13, 2009 (74
FR 41,325 (August 14, 2009)), has continued the Regulations in effect
under the International Emergency Economic Powers Act (50 U.S.C. 1701-
1707).
Saving Clause
Shipments of items removed from license exception eligibility or
eligibility for export without a license as a result of this regulatory
action that were on dock for loading, on lighter, laden aboard an
exporting carrier, or en route aboard a carrier to a port of export, on
December 10, 2009, pursuant to actual orders for export to a foreign
destination, may proceed to that destination under the previous license
exception eligibility or without a license so long as they have been
exported from the United States before February 8, 2010. Any such items
not actually exported before midnight, on February 8, 2010, require a
license in accordance with this regulation.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
involves two collections of information subject to the PRA. One of the
collections has been approved by OMB under control number 0694 0088,
``Multi Purpose Application,'' and carries a burden hour estimate of 58
minutes for a manual or electronic submission. The other of the
collections has been approved by OMB under control number 0694 0106,
``Reporting and Recordkeeping Requirements under the Wassenaar
Arrangement,'' and carries a burden hour estimate of 21 minutes for a
manual or electronic submission. Send comments regarding these burden
estimates or any other aspect of these collections of information,
including suggestions for reducing the burden, to OMB Desk Officer, New
Executive Office Building, Washington, DC 20503; and to Jasmeet Seehra,
OMB Desk Officer, by e-mail at jseehra@omb.eop.gov or by fax to (202)
395-7285; and to the Office of Administration, Bureau of Industry and
Security, Department of Commerce, 14th and Pennsylvania Avenue, NW.,
Room 6622, Washington, DC 20230.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Further, no other
law requires that a notice of proposed rulemaking and an opportunity
for public comment be given for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under the Administrative Procedure
Act or by any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore,
this regulation is issued in final form. Although there is no formal
comment period, public comments on this regulation are welcome on a
continuing basis. Comments should be submitted to Sharron Cook, Office
of Exporter Services, Bureau of Industry and Security, Department of
Commerce,
[[Page 65666]]
14th and Pennsylvania Ave., NW., Room 2705, Washington, DC 20230.
List of Subjects
15 CFR Part 772
Exports.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
0
Accordingly, parts 772 and 774 of the Export Administration Regulations
(15 CFR Parts 730-774) are amended as follows:
PART 772--[AMENDED]
0
1. The authority citations for part 772 continue 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
13, 2009, 74 FR 41325 (August 14, 2009).
0
2. Section 772.1 is amended by revising terms ``specific modulus'' and
``specific tensile strength'' to read as follows:
Sec. 772.1 Definitions of terms as used in the Export Administration
Regulations (EAR).
* * * * *
``Specific modulus''. (Cat 1)--Young's modulus in pascals,
equivalent to N/m\2\, divided by specific weight in N/m\3\, measured at
a temperature of (296 2) K ((23 2)[deg] C)
and a relative humidity of (50 5)%.
``Specific tensile strength''. (Cat 1)--Ultimate tensile strength
in pascals, equivalent to N/m\2\, divided by specific weight in N/m\3\,
measured at a temperature of (296 2) K ((23
2)[deg] C) and relative humidity of (50 5)%.
* * * * *
PART 774-- [AMENDED]
0
3. The authority citations for part 774--continue 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 FR 41325 (August 14, 2009).
0
4. Supplement No. 1 to Part 774 (the Commerce Control List), Category
1, ECCN 1A001 is amended by revising the items paragraph in the List of
Items Controlled section, to read as follows:
Supplement No. 1 to Part 774--Commerce Control List
* * * * *
1A001 Components made from fluorinated compounds, as follows (see List
of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
a. Seals, gaskets, sealants or fuel bladders, specially designed
for ``aircraft'' or aerospace use, made from more than 50% by weight
of any of the materials controlled by 1C009.b or 1C009.c;
b. Piezoelectric polymers and copolymers, made from vinylidene
fluoride materials, controlled by 1C009.a:
b.1. In sheet or film form; and
b.2. With a thickness exceeding 200 [micro]m;
c. Seals, gaskets, valve seats, bladders or diaphragms, made
from fluoroelastomers containing at least one vinylether group as a
constitutional unit, specially designed for ``aircraft'', aerospace
or missile use.
0
5. Supplement No. 1 to Part 774 (the Commerce Control List), Category
1, ECCN 1B001 is amended by:
0
a. Revising the Heading; and
0
b. Revising paragraphs .a, .b., .c. and .d.2, in the Items paragraph of
the List of Items Controlled to read as follows:
1B001 Equipment for the production of fibers, prepregs, preforms or
``composites'', controlled by 1A002 or 1C010, as follows (see List of
Items Controlled), and specially designed components and accessories
therefor.
* * * * *
List of Items Controlled
* * * * *
Items:
a. Filament winding machines of which the motions for
positioning, wrapping and winding fibers are coordinated and
programmed in three or more axes, specially designed for the
manufacture of ``composite'' structures or laminates, from ``fibrous
or filamentary materials'';
b. Tape-laying or tow-placement machines, of which the motions
for positioning and laying tape, tows or sheets are coordinated and
programmed in two or more axes, specially designed for the
manufacture of ``composite'' airframe or ``missile'' structures;
c. Multidirectional, multidimensional weaving machines or
interlacing machines, including adapters and modification kits, for
weaving, interlacing or braiding fibers, to manufacture
``composite'' structures;
Technical Note: For the purposes of 1B001.c the technique of
interlacing includes knitting.
Note: 1B001.c does not control textile machinery not modified
for the above end-uses.
d. * * *
d.2. Equipment for the chemical vapor deposition of elements or
compounds, on heated filamentary substrates, to manufacture silicon
carbide fibers;
* * * * *
0
6. Supplement No. 1 to Part 774 (the Commerce Control List), Category
1, ECCN 1C001 is amended by:
0
a. Revising the introductory paragraph to Note 1 paragraph c in the
Items paragraph;
0
b. Revising the introductory paragraph to Note 1 paragraph d in the
Items paragraph;
0
c. Revising the introductory paragraph to c in the Items paragraph;
0
d. Revising the Technical Note that follows paragraph c, to read as
follows:
1C001 Materials specially designed for use as absorbers of
electromagnetic waves, or intrinsically conductive polymers, as follows
(see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
a. * * *
Note 1: * * *
c. Planar absorbers, having all of the following:
* * * * *
d. Planar absorbers made of sintered ferrite, having all of the
following:
* * * * *
c. Intrinsically conductive polymeric materials with a `bulk
electrical conductivity' exceeding 10,000 S/m (Siemens per meter) or
a `sheet (surface) resistivity' of less than 100 ohms/square, based
on any of the following polymers:
* * * * *
Technical Note: `Bulk electrical conductivity' and `sheet
(surface) resistivity' should be determined using ASTM D-257 or
national equivalents.
0
7. Supplement No. 1 to Part 774 (the Commerce Control List), Category
1, ECCN 1C002 is amended by revising the Items paragraph in the List of
Items Controlled section, to read as follows:
1C002 Metal alloys, metal alloy powder and alloyed materials, as
follows (see List of Items Controlled)
* * * * *
List of Items Controlled
* * * * *
Items:
Note: 1C002 does not control metal alloys, metal alloy powder
and alloyed materials, for coating substrates.
Technical Note 1: The metal alloys in 1C002 are those containing
a higher percentage by weight of the stated metal than of any other
element.
Technical Note 2: `Stress-rupture life' should be measured in
accordance with ASTM standard E-139 or national equivalents.
Technical Note 3: `Low cycle fatigue life' should be measured in
accordance with ASTM Standard E-606 `Recommended Practice for
Constant-Amplitude Low-Cycle
[[Page 65667]]
Fatigue Testing' or national equivalents. Testing should be axial
with an average stress ratio equal to 1 and a stress-concentration
factor (Kt) equal to 1. The average stress is defined as
maximum stress minus minimum stress divided by maximum stress.
a. Aluminides, as follows:
a.1. Nickel aluminides containing a minimum of 15% by weight
aluminum, a maximum of 38% by weight aluminum and at least one
additional alloying element;
a.2. Titanium aluminides containing 10% by weight or more
aluminum and at least one additional alloying element;
b. Metal alloys, as follows, made from material controlled by
1C002.c:
b.1. Nickel alloys having any of the following:
b.1.a. A `stress-rupture life' of 10,000 hours or longer at 923
K (650 [deg]C) at a stress of 676 MPa; or
b.1.b. A `low cycle fatigue life' of 10,000 cycles or more at
823 K (550 [deg]C) at a maximum stress of 1,095 MPa;
b.2. Niobium alloys having any of the following:
b.2.a. A `stress-rupture life' of 10,000 hours or longer at
1,073 K (800 [deg]C) at a stress of 400 MPa; or
b.2.b. A `low cycle fatigue life' of 10,000 cycles or more at
973 K (700 [deg]C) at a maximum stress of 700 MPa;
b.3. Titanium alloys having any of the following:
b.3.a. A `stress-rupture life' of 10,000 hours or longer at 723
K (450 [deg]C) at a stress of 200 MPa; or
b.3.b. A `low cycle fatigue life' of 10,000 cycles or more at
723 K (450 [deg]C) at a maximum stress of 400 MPa;
b.4 Aluminum alloys having any of the following:
b.4.a. A tensile strength of 240 MPa or more at 473 K (200
[deg]C); or
b.4.b. A tensile strength of 415 MPa or more at 298 K (25
[deg]C);
b.5. Magnesium alloys having all the following:
b.5.a. A tensile strength of 345 MPa or more; and
b.5.b. A corrosion rate of less than 1 mm/year in 3% sodium
chloride aqueous solution measured in accordance with ASTM standard
G-31 or national equivalents;
c. Metal alloy powder or particulate material, having all of the
following:
c.1. Made from any of the following composition systems:
Technical Note: X in the following equals one or more alloying
elements.
c.1.a. Nickel alloys (Ni-Al-X, Ni-X-Al) qualified for turbine
engine parts or components, i.e. with less than 3 non-metallic
particles (introduced during the manufacturing process) larger than
100 [micro]m in 10\9\ alloy particles;
c.1.b. Niobium alloys (Nb-Al-X or Nb-X-Al, Nb-Si-X or Nb-X-Si,
Nb-Ti-X or Nb-X-Ti);
c.1.c. Titanium alloys (Ti-Al-X or Ti-X-Al);
c.1.d. Aluminum alloys (Al-Mg-X or Al-X-Mg, Al-Zn-X or Al-X-Zn,
Al-Fe-X or Al-X-Fe); or
c.1.e. Magnesium alloys (Mg-Al-X or Mg-X-Al);
c.2. Made in a controlled environment by any of the following
processes:
c.2.a. ``Vacuum atomization'';
c.2.b. ``Gas atomization'';
c.2.c. ``Rotary atomization'';
c.2.d. ``Splat quenching'';
c.2.e. ``Melt spinning'' and ``comminution'';
c.2.f. ``Melt extraction'' and ``comminution''; or
c.2.g. ``Mechanical alloying''; and
c.3. Capable of forming materials controlled by 1C002.a or
1C002.b;
d. Alloyed materials, having all the following:
d.1. Made from any of the composition systems specified by
1C002.c.1;
d.2. In the form of uncomminuted flakes, ribbons or thin rods;
and
d.3. Produced in a controlled environment by any of the
following:
d.3.a. ``Splat quenching'';
d.3.b. ``Melt spinning''; or
d.3.c. ``Melt extraction''.
0
8. Supplement No. 1 to Part 774 (the Commerce Control List), Category
1, ECCN 1C003 is amended by revising the Heading and the Items
paragraph in the List of Items Controlled section, to read as follows:
1C003 Magnetic metals, of all types and of whatever form, having any of
the following (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
a. Initial relative permeability of 120,000 or more and a
thickness of 0.05 mm or less;
Technical Note: Measurement of initial permeability must be
performed on fully annealed materials.
b. Magnetostrictive alloys having any of the following:
b.1. A saturation magnetostriction of more than 5 x
10-\4\; or
b.2. A magnetomechanical coupling factor (k) of more than 0.8;
or
c. Amorphous or `nanocrystalline' alloy strips, having all of
the following:
c.1. A composition having a minimum of 75% by weight of iron,
cobalt or nickel;
c.2. A saturation magnetic induction (Bs) of 1.6 T or
more; and
c.3. Any of the following:
c.3.a. A strip thickness of 0.02 mm or less; or
c.3.b. An electrical resistivity of 2 x 10-\4\; ohm
cm or more.
Technical Note: `Nanocrystalline' materials in 1C003.c are
those materials having a crystal grain size of 50 nm or less, as
determined by X-ray diffraction.
0
9. Supplement No. 1 to Part 774 (the Commerce Control List), Category
1, ECCN 1C004 is amended by revising the Heading, to read as follows:
1C004 Uranium titanium alloys or tungsten alloys with a ``matrix''
based on iron, nickel or copper, having all of the following (see List
of Items Controlled).
* * * * *
0
10. Supplement No. 1 to Part 774 (the Commerce Control List), Category
1, ECCN 1C005 is amended by revising the items paragraph in the List of
Items Controlled section, to read as follows:
1C005 ``Superconductive'' ``composite'' conductors in lengths exceeding
100 m or with a mass exceeding 100 g, as follows (see List of Items
Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
a. ``Superconductive'' ``composite'' conductors containing one
or more niobium-titanium `filaments', having all of the following:
a.1. Embedded in a ``matrix'' other than a copper or copper-
based mixed ``matrix''; and
a.2. Having a cross-section area less than 0.28 x
10-\4\ mm \2\ (6 [mu]m in diameter for circular
`filaments');
b. ``Superconductive'' ``composite'' conductors consisting of
one or more ``superconductive'' `filaments' other than niobium-
titanium, having all of the following:
b.1. A ``critical temperature'' at zero magnetic induction
exceeding 9.85 K (-263.31 [deg]C); and
b.2. Remaining in the ``superconductive'' state at a temperature
of 4.2 K (-268.96 [deg]C) when exposed to a magnetic field oriented
in any direction perpendicular to the longitudinal axis of conductor
and corresponding to a magnetic induction of 12 T with critical
current density exceeding 1750 A/mm \2\ on overall cross-section of
the conductor.
c. ``Superconductive'' ``composite'' conductors consisting of
one or more ``superconductive'' `filaments' which remain
``superconductive'' above 115 K (-158.16 [deg]C).
Technical Note: For the purpose of 1C005, `filaments' may be in
wire, cylinder, film, tape or ribbon form.
0
11. Supplement No. 1 to Part 774 (the Commerce Control List), Category
1, ECCN 1C006 is amended by revising the Items paragraph in the List of
Items Controlled section, to read as follows:
1C006 Fluids and lubricating materials, as follows (see List of Items
Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
a. Hydraulic fluids containing, as their principal ingredients,
any of the following:
a.1. Synthetic `silahydrocarbon oils', having all of the
following:
[[Page 65668]]
Technical Note: For the purpose of 1C006.a.1, `silahydrocarbon
oils' contain exclusively silicon, hydrogen and carbon.
a.1.a. A `flash point' exceeding 477 K (204 [deg]C);
a.1.b. A `pour point' at 239 K (-34 [deg]C) or less;
a.1.c. A `viscosity index' of 75 or more; and
a.1.d. A `thermal stability' at 616 K (343 [deg]C); or
a.2. `Chlorofluorocarbons', having all of the following:
Technical Note: For the purpose of 1C006.a.2,
`chlorofluorocarbons' contain exclusively carbon, fluorine and
chlorine.
a.2.a. No `flash point';
a.2.b. An `autogenous ignition temperature' exceeding 977 K (704
[deg]C);
a.2.c. A `pour point' at 219 K (-54 [deg]C) or less;
a.2.d. A `viscosity index' of 80 or more; and
a.2.e. A boiling point at 473 K (200 [deg]C) or higher;
Technical Note: For the purpose of 1C006.a the following
determinations apply:
i. `Flash point' is determined using the Cleveland Open Cup
Method described in ASTM D-92 or national equivalents;
ii. `Pour point' is determined using the method described in
ASTM D-97 or national equivalents;
iii. `Viscosity index' is determined using the method described
in ASTM D-2270 or national equivalents;
iv. `Thermal stability' is determined by the following test
procedure or national equivalents:
Twenty ml of the fluid under test is placed in a 46 ml type 317
stainless steel chamber containing one each of 12.5 mm (nominal)
diameter balls of M-10 tool steel, 52100 steel and naval bronze (60%
Cu, 39% Zn, 0.75% Sn);
The chamber is purged with nitrogen, sealed at atmospheric
pressure and the temperature raised to and maintained at 644 6 K (371 6 [deg]C) for six hours;
The specimen will be considered thermally stable if, on
completion of the above procedure, all of the following conditions
are met:
a. The loss in weight of each ball is less than 10 mg/
mm2 of ball surface;
b. The change in original viscosity as determined at 311 K (38
[deg]C) is less than 25%; and
c. The total acid or base number is less than 0.40;
5. `Autogenous ignition temperature' is determined using the
method described in ASTM E-659 or national equivalents.
b. Lubricating materials containing, as their principal
ingredients, any of the following:
b.1. Phenylene or alkylphenylene ethers or thio-ethers, or their
mixtures, containing more than two ether or thio-ether functions or
mixtures thereof; or
b.2. Fluorinated silicone fluids with a kinematic viscosity of
less than 5,000 mm \2\/s (5,000 centistokes) measured at 298 K (25
[deg]C);
c. Damping or flotation fluids, with a purity exceeding 99.8%,
containing less than 25 particles of 200 [micro]m or larger in size
per 100 ml and made from at least 85% of any of the following:
c.1. Dibromotetrafluoroethane;
c.2. Polychlorotrifluoroethylene (oily and waxy modifications
only); or
c.3. Polybromotrifluoroethylene;
d. Fluorocarbon electronic cooling fluids having all of the
following:
d.1. Containing 85% by weight or more of any of the following,
or mixtures thereof:
d.1.a. Monomeric forms of perfluoropolyalkylether- triazines or
perfluoroaliphatic-ethers;
d.1.b. Perfluoroalkylamines;
d.1.c. Perfluorocycloalkanes; or
d.1.d. Perfluoroalkanes;
d.2. Density at 298 K (25 [deg]C) of 1.5 g/ml or more;
d.3. In a liquid state at 273 K (0 [deg]C); and
d.4. Containing 60% or more by weight of fluorine;
e. Autogenous ignition temperature is determined using the
method described in ASTM E-659 or national equivalents.
0
12. Supplement No. 1 to Part 774 (the Commerce Control List), Category
1, ECCN 1C007 is amended by revising paragraph .a in the Items
paragraph in the List of Items Controlled section, to read as follows:
1C007 Ceramic base materials, non-``composite'' ceramic materials,
ceramic-``matrix'' ``composite'' materials and precursor materials, as
follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
a. Base materials of single or complex borides of titanium,
having total metallic impurities, excluding intentional additions,
of less than 5,000 ppm, an average particle size equal to or less
than 5 [micro]m and no more than 10% of the particles larger than 10
[micro]m;
* * * * *
0
13. Supplement No. 1 to Part 774 (the Commerce Control List), Category
1, ECCN 1C009 is amended by revising the Heading, to read as follows:
1C009 Unprocessed fluorinated compounds as follows (see List of Items
Controlled).
* * * * *
0
14. Supplement No. 1 to Part 774 (the Commerce Control List), Category
1, ECCN 1C011 is amended by revising 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).
* * * * *
List of Items Controlled
* * * * *
Items:
a. Metals in particle sizes of less than 60 [micro]m whether
spherical, atomized, spheroidal, flaked or ground, manufactured from
material consisting of 99% or more of zirconium, magnesium and
alloys thereof;
Technical Note: The natural content of hafnium in the zirconium
(typically 2% to 7%) is counted with the zirconium.
Note: The metals or alloys specified by 1C011.a also refer to
metals or alloys encapsulated in aluminum, magnesium, zirconium or
beryllium.
b. Boron or boron carbide of 85% purity or higher, and a
particle size of 60 [micro]m or less;
Note: The metals or alloys specified by 1C011.b also refer to
metals or alloys encapsulated in aluminum, magnesium, zirconium or
beryllium.
c. Guanidine nitrate;
d. Nitroguanidine (NQ) (CAS 556-88-7).
0
15. Supplement No. 1 to Part 774 (the Commerce Control List), Category
1, ECCN 1C012 is amended by revising the Items paragraph in the List of
Items Controlled section, to read as follows:
1C012 Materials, as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
a. Plutonium in any form with a plutonium isotopic assay of
plutonium-238 of more than 50% by weight;
Note: 1C012.a does not control:
a. Shipments with a plutonium content of 1 g or less;
b. Shipments of 3 ``effective grams'' or less when contained in
a sensing component in instruments.
b. ``Previously separated'' neptunium-237 in any form.
Note: 1C012.b does not control shipments with a neptunium-237
content of 1 g or less.
0
16. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2, ECCN 2A001 is amended by revising the Items paragraph of
the List of Items Controlled to read as follows:
2A001 Anti-friction bearings and bearing systems, as follows,
(see List of Items Controlled) and components therefor.
* * * * *
List of Items Controlled
* * * * *
Items:
Note: 2A001 does not control balls with tolerances specified by
the manufacturer in accordance with ISO 3290 as grade 5 or worse.
a. Ball bearings and solid roller bearings, having all
tolerances specified by the manufacturer in accordance with ISO 492
Tolerance Class 4 (or ANSI/ABMA Std 20 Tolerance Class ABEC-7 or
RBEC-7, or other national equivalents), or better, and having both
rings and rolling elements (ISO 5593), made from monel or beryllium;
Note: 2A001.a does not control tapered roller bearings.
b. Other ball bearings and solid roller bearings, having all
tolerances specified by
[[Page 65669]]
the manufacturer in accordance with ISO 492 Tolerance Class 2 (or
ANSI/ABMA Std 20 Tolerance Class ABEC-9 or RBEC-9, or other national
equivalents), or better;
Note: 2A001.b does not control tapered roller bearings.
c. Active magnetic bearing systems using any of the following:
c.1. Materials with flux densities of 2.0 T or greater and yield
strengths greater than 414 MPa;
c.2. All-electromagnetic 3D homopolar bias designs for
actuators; or
c.3. High temperature (450 K (177[deg]C) and above) position
sensors.
0
17. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2, ECCN 2B001 is amended by revising the introductory text to
the Note that follows paragraph c in the Items paragraph of the List of
Items Controlled to read as follows:
2B001 Machine tools and any combination thereof, for removing (or
cutting) metals, ceramics or ``composites'', which, according to the
manufacturer's technical specifications, can be equipped with
electronic devices for ``numerical control''; and specially designed
components as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
c. * * *
Notes: 2B001.c does not control grinding machines as follows: *
* *
* * * * *
0
18. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2, ECCN 2B004 is amended by revising the Heading and the
introductory paragraph .b in the Items paragraph of the List of Items
Controlled to read as follows:
2B004 Hot ``isostatic presses'' having all of the characteristics
described in the List of Items Controlled, and specially designed
components and accessories therefor.
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
b. Having any of the following:
* * * * *
0
19. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2, ECCN 2B005 is amended by revising the Related Controls and
Items paragraph of the List of Items Controlled to read as follows:
2B005 Equipment specially designed for the deposition, processing and
in-process control of inorganic overlays, coatings and surface
modifications, as follows, for non-electronic substrates, by processes
shown in the Table and associated Notes following 2E003.f, and
specially designed automated handling, positioning, manipulation and
control components therefor.
* * * * *
List of Items Controlled
* * * * *
Related Controls: (1) This entry does not control chemical vapor
deposition, cathodic arc, sputter deposition, ion plating or ion
implantation equipment, specially designed for cutting or machining
tools. (2) Vapor deposition equipment for the production of
filamentary materials are controlled by 1B001 or 1B101. (3) Chemical
Vapor Deposition furnaces designed or modified for densification of
carbon-carbon composites are controlled by 2B104. (4) See also
2B999.i.
* * * * *
Items:
a. Chemical vapor deposition (CVD) production equipment having
all of the following:
a.1. A process modified for one of the following:
a.1.a. Pulsating CVD;
a.1.b. Controlled nucleation thermal deposition (CNTD); or
a.1.c. Plasma enhanced or plasma assisted CVD; and
a.2. Having any of the following:
a.2.a. Incorporating high vacuum (equal to or less than 0.01 Pa)
rotating seals; or
a.2.b. Incorporating in situ coating thickness control;
b. Ion implantation production equipment having beam currents of
5 mA or more;
c. Electron beam physical vapor deposition (EB-PVD) production
equipment incorporating power systems rated for over 80 kW and
having any of the following:
c.1. A liquid pool level ``laser'' control system which
regulates precisely the ingots feed rate; or
c.2. A computer controlled rate monitor operating on the
principle of photo-luminescence of the ionized atoms in the
evaporant stream to control the deposition rate of a coating
containing two or more elements;
d. Plasma spraying production equipment having any of the
following:
d.1. Operating at reduced pressure controlled atmosphere (equal
or less than 10 kPa measured above and within 300 mm of the gun
nozzle exit) in a vacuum chamber capable of evacuation down to 0.01
Pa prior to the spraying process; or
d.2. Incorporating in situ coating thickness control;
e. Sputter deposition production equipment capable of current
densities of 0.1 mA/mm\2\ or higher at a deposition rate 15 [mu]m/h
or more;
f. Cathodic arc deposition production equipment incorporating a
grid of electromagnets for steering control of the arc spot on the
cathode;
g. Ion plating production equipment allowing for the in situ
measurement of any of the following:
g.1. Coating thickness on the substrate and rate control; or
g.2. Optical characteristics.
0
20. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2, ECCN 2B009 is amended by revising the Items paragraph of
the List of Items Controlled to read as follows:
2B009 Spin-forming machines and flow-forming machines, which, according
to the manufacturer's technical specifications, can be equipped with
``numerical control'' units or a computer control and having all of the
following characteristics (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
a. Two or more controlled axes of which at least two can be
coordinated simultaneously for ``contouring control''; and
b. A roller force more than 60 kN.
Technical Note: For the purpose of 2B009, machines combining
the function of spin-forming and flow-forming are regarded as flow-
forming machines.
0
21. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2, ECCN 2E003 is amended by revising the Nota Bene after
2E003.f in the Items paragraph of the List of Items Controlled to read
as follows:
2E003 Other ``technology'', as follows (see List of Items Controlled)
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
f. * * *
N.B. This table should be read to control the technology of a
particular `Coating Process' only when the resultant coating in
column 3 is in a paragraph directly across from the relevant
`Substrate' under column 2. For example, Chemical Vapor Deposition
(CVD) `coating process' technical data are controlled for the
application of `silicides' to `Carbon-carbon, Ceramic and Metal
``matrix'' ``composites'' substrates, but are not controlled for the
application of `silicides' to `Cemented tungsten carbide (16),
Silicon carbide (18)' substrates. In the second case, the resultant
coating is not listed in the paragraph under column 3 directly
across from the paragraph under column 2 listing `Cemented tungsten
carbide (16), Silicon carbide (18)'.
0
22. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, Notes to Table on Deposition
Techniques are amended by revising Notes 5, 10, and 17, to read as
follows:
[[Page 65670]]
Note: Notes to Table on Deposition Techniques:
* * * * *
5. MCrAlX refers to a coating alloy where M equals cobalt, iron,
nickel or combinations thereof and X equals hafnium, yttrium,
silicon, tantalum in any amount or other intentional additions over
0.01% by weight in various proportions and combinations, except:
a. CoCrAlY coatings which contain less than 22% by weight of
chromium, less than 7% by weight of aluminum and less than 2% by
weight of yttrium;
b. CoCrAlY coatings which contain 22 to 24% by weight of
chromium, 10 to 12% by weight of aluminum and 0.5 to 0.7% by weight
of yttrium; or
c. NiCrAlY coatings which contain 21 to 23% by weight of
chromium, 10 to 12% by weight of aluminum and 0.9 to 1.1% by weight
of yttrium.
* * * * *
10. ``Technology'' for single-step pack cementation of solid
airfoils is not controlled by Category 2.
* * * * *
17. ``Technology'' specially designed to deposit diamond-like
carbon on any of the following is not controlled: magnetic disk
drives and heads, equipment for the manufacture of disposables,
valves for faucets, acoustic diaphragms for speakers, engine parts
for automobiles, cutting tools, punching-pressing dies, office
automation equipment, microphones, medical devices or molds, for
casting or molding of plastics, manufactured from alloys containing
less than 5% beryllium.
* * * * *
0
23. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3, ECCN 3A002 is amended by revising Note 1 that follows
paragraph d in the Items paragraph of the List of Items Controlled
section to read as follows:
3A002 General purpose electronic equipment and accessories therefor, as
follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
d. * * *
Note 1: For the purpose of 3A002.d., frequency synthesized
signal generators include arbitrary waveform and function
generators.
* * * * *
0
24. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3, ECCN 3B002 is amended by revising the Heading to read as
follows:
3B002 Test equipment specially designed for testing finished or
unfinished semiconductor devices as follows (see List of Items
Controlled) and specially designed components and accessories therefor.
* * * * *
0
25. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3, ECCN 3C001 is amended by revising the Items paragraph of
the List of Items Controlled section to read as follows:
3C001 Hetero-epitaxial materials consisting of a ``substrate'' having
stacked epitaxially grown multiple layers of any of the following (see
List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
a. Silicon (Si);
b. Germanium (Ge);
c. Silicon Carbide (SiC); or
d. ``III/V compounds'' of gallium or indium.
0
26. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3, ECCN 3C003 is amended by revising the Heading and the Items
paragraph of the List of Items Controlled section to read as follows:
3C003 Organo-inorganic compounds as follows (see List of Items
Controlled)
* * * * *
List of Items Controlled
* * * * *
Items:
a. Organo-metallic compounds of aluminum, gallium or indium,
having a purity (metal basis) better than 99.999%;
b. Organo-arsenic, organo-antimony and organo-phosphorus
compounds, having a purity (inorganic element basis) better than
99.999%.
0
27. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3, ECCN 3D002 is amended by revising the Heading and the Items
paragraph of the List of Items Controlled section to read as follows:
3D002 ``Software'' specially designed for the ``use'' of equipment
controlled by 3B001.a to .f, or 3B002.
* * * * *
List of Items Controlled
* * * * *
Items:
The list of items controlled is contained in the ECCN heading.
0
28. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3, ECCN 3D003 is amended by revising the Heading to read as
follows:
3D003 `Physics-based' simulation ``software'' specially designed for
the ``development'' of lithographic, etching or deposition processes
for translating masking patterns into specific topographical patterns
in conductors, dielectrics or semiconductor materials.
* * * * *
0
29. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3, ECCN 3D004 is amended by revising the Heading to read as
follows:
3D004 ``Software'' specially designed for the ``development'' of
equipment controlled by 3A003.
* * * * *
0
30. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3, ECCN 3E002 is amended by revising the Items paragraph of
the List of Items Controlled section to read as follows:
3E002 ``Technology'' according to the General Technology Note other
than that controlled in 3E001 for the ``development'' or ``production''
of a ``microprocessor microcircuit'', ``micro-computer microcircuit''
and microcontroller microcircuit core, having an arithmetic logic unit
with an access width of 32 bits or more and any of the following
features or characteristics (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
a. A `vector processor unit' designed to perform more than two
calculations on floating-point vectors (one dimensional arrays of
32-bit or larger numbers) simultaneously;
Technical Note: A `vector processor unit' is a processor
element with built-in instructions that perform multiple
calculations on floating-point vectors (one-dimensional arrays of
32-bit or larger numbers) simultaneously, having at least one vector
arithmetic logic unit.
b. Designed to perform more than two 64-bit or larger floating-
point operation results per cycle; or
c. Designed to perform more than four 16-bit fixed-point
multiply-accumulate results per cycle (e.g., digital manipulation of
analog information that has been previously converted into digital
form, also known as digital ``signal processing'').
Note: 3E002.c does not control ``technology'' for multimedia
extensions.
Notes:
1. 3E002 does not control ``technology'' for the ``development''
or ``production'' of microprocessor cores, having all of the
following:
a. Using ``technology'' at or above 0.130 [micro]m; and
b. Incorporating multi-layer structures with five or fewer metal
layers.
2. 3E002 includes ``technology'' for digital signal processors
and digital array processors.
[[Page 65671]]
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31. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3. ECCN 3E003 is amended by revising the Heading and the Items
paragraph of the List of Items Controlled section to read as follows:
3E003 Other ``technology'' for the ``development'' or ``production'' of
the following (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
a. Vacuum microelectronic devices;
b. Hetero-structure semiconductor devices such as high electron
mobility transistors (HEMT), hetero-bipolar transistors (HBT),
quantum well and super lattice devices;
Note: 3E003.b does not control ``technology'' for high electron
mobility transistors (HEMT) operating at frequencies lower than 31.8
GHz and hetero-junction bipolar transistors (HBT) operating at
frequencies lower than 31.8 GHz.
c. ``Superconductive'' electronic devices;
d. Substrates of films of diamond for electronic components;
e. Substrates of silicon-on-insulator (SOI) for integrated
circuits in which the insulator is silicon dioxide;
f. Substrates of silicon carbide for electronic components;
g. Electronic vacuum tubes operating at frequencies of 31.8 GHz
or higher.
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32.
