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, 66000-66027 [E9-28806]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security

[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Rules and Regulations]
[Pages 66000-66027]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28806]



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Part III





Department of Commerce





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Bureau of Industry and Security



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15 CFR Parts 740, 742, 743, et al.



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; Final Rule

Federal Register / Vol. 74, No. 237 / Friday, December 11, 2009 / 
Rules and Regulations

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 742, 743, 772, and 774

[Docket No. 0908041218-91220-01]
RIN 0694 AE58


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

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) maintains the 
Commerce Control List (CCL), which identifies items subject to 
Department of Commerce export controls. This final rule revises the 
Export Administration Regulations (EAR) to implement changes made to 
the Wassenaar Arrangement's List of Dual Use Goods and Technologies 
(Wassenaar List) maintained and agreed to by governments participating 
in the Wassenaar Arrangement on Export Controls for Conventional Arms 
and Dual Use Goods and Technologies (Wassenaar Arrangement, or WA). The 
Wassenaar Arrangement advocates implementation of effective export 
controls on strategic items with the objective of improving regional 
and international security and stability. To harmonize with the changes 
to the Wassenaar List, this rule revises the EAR by amending certain 
entries that are controlled for national security reasons in Categories 
1, 2, 3, 4, 5 Part I (telecommunications), 5 Part II (information 
security), 6, 7, 8, and 9; adding new entries to the CCL, revising 
reporting requirements and adding and amending EAR Definitions.
    The purpose of this final rule is to revise the CCL and definitions 
of terms used in the EAR to implement Wassenaar List revisions that 
were agreed upon in the December 2008 Wassenaar Arrangement Plenary 
Meeting.
    This rule also adds or expands unilateral U.S. export controls and 
national security export controls on certain items to make them 
consistent with the amendments made to implement the Wassenaar 
Arrangement's decisions.
    The Wassenaar Agreements that pertain to ECCNs 6A002, 6A003, and 
all related ECCNs will be implemented in a separate rule, because of 
the sensitivity of the items and complexity of procedures and controls 
for these items.

DATES: Effective Date: This rule is effective December 11, 2009.

FOR FURTHER INFORMATION CONTACT: For questions of a general nature 
contact Sharron Cook, Office of Exporter Services, Bureau of Industry 
and Security, U.S. Department of Commerce at (202) 482 2440 or E-mail: 
scook@bis.doc.gov.
    For questions of a technical nature contact:

Category 1: Bob Teer, 202 482 4749.
Category 2: George Loh, 202 482 3570.
Category 3: Brian Baker, 202 482 5534.
Category 4: Joseph Young, 202 482 4197.
Category 5 Part 1: Joseph Young, 202 482 4197.
Category 5 Part 2: Michael Pender, 202 482 2458.
Category 6: Chris Costanzo, 202 482 0718 (optics), John Varesi, 202 482 
1114 (sensors & cameras) and Mark Jaso 202 482 0987 (lasers).
Category 7: Daniel Squire 202 482 3710.
Category 8: Darrell Spires 202 482-1954.
Category 9: Gene Christensen 202 482 2984.

ADDRESSES: Comments regarding the collections of information associated 
with this rule, including suggestions for reducing the burden, should 
be sent to OMB Desk Officer, New Executive Office Building, Washington, 
DC 20503 Attention: 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.

SUPPLEMENTARY INFORMATION:

Background

    In July 1996, the United States and thirty-three other countries 
gave final approval to the establishment of a new multilateral export 
control arrangement called the Wassenaar Arrangement on Export Controls 
for Conventional Arms and Dual Use Goods and Technologies (Wassenaar 
Arrangement or WA). The Wassenaar Arrangement contributes to regional 
and international security and stability by promoting transparency and 
greater responsibility in transfers of conventional arms and dual use 
goods and technologies, thus preventing destabilizing accumulations of 
such items. Participating states committed to exchange information on 
exports of dual use goods and technologies to non-participating states 
for the purposes of enhancing transparency and assisting in developing 
a common understanding of the risks associated with the transfers of 
these items.

Expanded or New Export Controls

    A detailed description may be found below of all revisions to 
Export Control Classification Numbers (ECCNs) that have expanded or new 
export controls.
    This rule imposes new or expands National Security (NS) Column 1 
controls. This rule imposes a license requirement pursuant to section 
742.4(a) of the EAR for exports and reexports to all destinations, 
except Canada, of certain commodities (and related software and 
technology) described in ECCN 5A002.a.7. This rule also imposes such a 
license requirement for certain software and technology controlled 
under ECCNs 5E001.c.6, .d, and .e, and 6D003.c. These destinations have 
an ``X'' in NS column 1 of the Commerce Country Chart of Supplement No. 
1 to Part 738. The purpose of the controls is to ensure that these 
items do not make a contribution to the military potential of any other 
country or combination of countries that would prove detrimental to the 
national security of the United States. For designated terrorism 
supporting countries or embargoed countries, the applicable licensing 
policies are found in Parts 742 and 746 of the EAR, and in Supplement 
No. 1 to Part 736 of the EAR for Syria.
    This rule imposes new or expands NS Column 2 controls. This rule 
imposes a license requirement under section 742.4(a) of the EAR for 
exports and reexports of commodities (and related software and 
technology) described in ECCNs 1A004.d, 1A008, 3A001.b.10 and .h, 
5A001.h, 6A001.c, and 6A008.j.3 to destinations other than Country 
Group A:1, cooperating countries (see Supplement No. 1 to Part 740 of 
the EAR), Bulgaria, Czech Republic, Estonia, Hungary, Iceland, Latvia, 
Lithuania, Poland, Romania, Slovakia and Slovenia. This NS column 2 
license requirement applies to destinations that have an ``X'' 
indicated in NS column 2 on the Commerce Country Chart of Supplement 
No. 1 to Part 738 of the EAR. The purpose of the control is to ensure 
that these items do not make a contribution to the military potential 
of countries in Country Group D:1 that would prove detrimental to the 
national security of the United States. For designated terrorism 
supporting countries or embargoed countries, the applicable licensing 
policies are found in Parts 742 and 746 of the EAR, and Supplement No. 
1 to Part 736 of the EAR for Syria.
    The licensing policy for national security controlled items 
exported or

[[Page 66001]]

reexported to any country except a country in Country Group D:1 (see 
Supplement No. 1 to Part 740 of the EAR) is to approve license 
applications unless there is a significant risk that the items will be 
diverted to a country in Country Group D:1. The general policy for 
exports and reexports of items to Country Group D:1 is to approve 
license applications when BIS determines, on a case by case basis, that 
the items are for civilian use or would otherwise not make a 
significant contribution to the military potential of the country of 
destination that would prove detrimental to the national security of 
the United States.
    This rule imposes new or expands anti-terrorism (AT) controls. This 
rule imposes a unilateral U.S. license requirement to export and 
reexport commodities (and related software and technology) controlled 
under ECCNs 1A004.d, 1A008, 3A001.b.10 and .h, 5A001.h, 5A002.a.7, 
6A001.c, and 6A008.j.3 for AT reasons to Cuba, Iran, North Korea, Sudan 
and Syria, in addition to the national security controls imposed to 
implement the Wassenaar Arrangement's decisions.
    This rule also imposes such a license requirement for certain 
software and technology controlled under ECCNs 5E001.c.6, .d, and .e, 
and 6D003.c. These unilateral export controls are necessary because 
under Section 6(j) of the Export Administration Act of 1979 a license 
is required for items that could make a significant contribution to the 
military potential of such country or that could enhance the ability of 
such country to support acts of international terrorism. There is a 
general policy of denial for applications to export or reexport to 
terrorism supporting countries, as set forth in Part 742 of the EAR. In 
addition, certain of these countries are also subject to embargoes, as 
set forth in Part 746 of the EAR and Supplement No. 1 to Part 736 of 
the EAR for Syria. A license is also required for the export and 
reexport of these items to specially designated terrorists and foreign 
terrorist organizations, as set forth in Part 744 of the EAR; license 
applications to these parties are reviewed under a general policy of 
denial.
    All expanded foreign policy controls will be reflected in the 
Annual Foreign Policy report BIS sends to Congress.

Task Force on Editorial Issues (TFEI)

    The Wassenaar Arrangement Task Force on Editorial Issues (TFEI) 
made revisions, editorial in nature, to clarify or correct control text 
or remove extraneous text. The TFEI revisions (over 2,000) were agreed 
upon by the WA in December 2007. This rule implements only those TFEI 
revisions that coincide with the revisions to ECCNs affected by the 
2008 WA agreements and the 2007 WA agreements to Category 6. Other TFEI 
revisions will be implemented in a separate rule.

Revisions to the Commerce Control List

    This rule revises a number of entries on the Commerce Control List 
(CCL) to implement the December 2008 agreed revisions to the Wassenaar 
List of Dual Use Goods and Technologies. This rule also revises 
language to provide a complete or more accurate description of controls 
in certain ECCNs. A description of the specific amendments to the CCL 
pursuant to the December 2008 Wassenaar Agreement is provided below. 
There is one newly added ECCN--1A008, as described below. As described 
below, the amendments apply to ECCNs 1A001, 1A002, 1A003, 1A004, 1A007, 
1A008, 1B001, 1B003, 1C008 1C010, 1D003, 1E001, 1E002, 2A983, 3A001, 
3A002, 3B001, 4D001, 4D003, 4E001, 5A001, 5B001, 5D001, 5E001, 5A002, 
5B002, 5D002, 5E002, 6A001, 6A004, 6A005, 6A006, 6A008, 6A996, 6D003, 
6E993, 7A003, 8A001, 8A002, and 9A012.

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

    This rule revises the name of the Category 1 from ``Materials, 
Chemicals, ``Microorganisms,'' and Toxins'' to read ``Special Materials 
and Related Equipment, Chemicals, ``Microorganisms,'' and Toxins'' to 
more clearly describe the scope of items within this category as it has 
evolved over recent years (e.g., addition of explosive related items).
    ECCN 1A001 is amended by:
    a. Adding two commas to 1A001.a and 1A001.b, as part of the TFEI 
revisions to clarify the meaning of these paragraphs; and
    b. Modifying the format of paragraph 1A001.c to clarify that the 
items must contain both criteria. This change was made as part of the 
TFEI changes.
    ECCN 1A002 is amended as follows:
    a. Removing the redundant Note after 1A002.a, which also appeared 
after 1A002.b.2 to harmonize with the Wassenaar Arrangement's List;
    b. Replacing the word ``with'' with the phrase ``having all of the 
following'' to clarify the meaning of 1A002.b.1. This change was made 
as part of the TFEI changes;
    c. Moving or adding three Notes after 1A002.b.2 to clarify that all 
three apply to the entire entry for ECCN 1A002. The modifications are: 
Moving the existing Note concerning the repair of ``civil aircraft'' so 
that it appears as Note 1; moving the existing Note about civilian 
applications to Note 2; and adding Note 3 to release certain finished 
or semi-finished items from 1A002 control because these items do not 
have a direct influence on development, production or use on military 
relevant equipment; and
    d. Removing Technical Notes 1 and 2 that provided definitions for 
`specific modulus' and `specific tensile strength' because these terms 
are global definitions used in multiple ECCNs and are found in Part 772 
of the EAR.
    ECCN 1A003 is amended by:
    a. Revising the Heading to correct the spelling of ``polyimides'' 
and to clarify that non-fusible aromatic polyimide products in film, 
sheet, tape or ribbon form with certain characteristics are 
appropriately controlled in ECCN 1A003, because a clarification Note 
was approved by Wassenaar in 2006 that identified the forms of non-
fluorinated polymeric substances controlled by 1C008.a to include 
liquid or solids in the form of resin, powder, pellet, film, sheet, 
tape, or ribbon. It was not the intent, however, to override the 
existing Note in 1C008.a for non-fusible forms.
    a.1. Deleting the word ``characteristics'' from the Heading as part 
of the TFEI revisions.
    b. Revising the Related Controls to add a reference to 1C008.a.3 
for ``fusible'' aromatic polyimides in any form; and
    c. Replacing ``With a'' with ``A'' as a TFEI format change.
    ECCN 1A004 is amended, as follows:
    a. Adding two commas to the Heading to clarify the meaning of the 
text, as part of the TFEI revisions.
    b. Revising the License Requirement section to add RS Column 2 
controls for 1A004.d to keep the same controls that were in ECCN 
2A983.b, which are necessary because of the military utility of these 
commodities.
    b.1. Adding single quotation marks around the term `adapted for use 
in war' in related definitions and in 1A004.a, .b and .c and the term 
`riot control agents' in the related definitions section and in 
1A004.a.4.
    b.2. Adding a greek alpha symbol in front of 
``Bromobenzeneacetonitrile'' in 1A004.a.4.a and adding a greek omega 
symbol in front of ``chloroacetophenone'' in 1A004.a.4.c to conform to 
Wassenaar text.
    c. Adding a new paragraph 1A004.d to control electronic equipment 
designed for automatically detecting or identifying the presence of 
``explosives'' (as listed in the annex at the end of

[[Page 66002]]

Category 1) residues and utilizing `trace detection' techniques (e.g., 
surface acoustic wave, ion mobility spectrometry, differential mobility 
spectrometry, mass spectrometry). These new controls are added for this 
equipment to prevent potential terrorists from discovering how to 
defeat the devices and ensure they are used by properly vetted 
organizations.
    d. Adding a new Technical Note to define `trace detection'.
    e. Adding two new Notes to indicate that 1A004.d does not control 
equipment specially designed for laboratory use or non-contact walk-
through security portals.
    f. Revising paragraph b of the existing decontrol Note to clarify 
that 1A004 does not control equipment limited by design or function to 
protect against hazards specific to residential safety.
    ECCN 1A007 is amended by:
    a. Removing the License Requirement Note in order to conform to the 
Wassenaar List; and
    b. Removing the last sentence in Technical Note 2, because it is 
redundant to text already included in the Technical Note.
    ECCN 1A008 is added to control (explosive) charges, devices and 
components for national security reasons. The addition is necessary to 
make these items controlled by all participating states of WA, because 
of their utility in conventional weapons. The United States and others 
have unilaterally controlled these items for several years and there is 
agreement by the WA to broaden control of terrorist related items, such 
as these. Most of these items were controlled under ECCN 1C018, as well 
as under the International Traffic in Arms Regulations (ITAR) by the 
Directorate of Defense Trade Control (DDTC) of the Department of State. 
Now these items will be controlled for NS:2, AT:1, and UN (Iraq, North 
Korea and Rwanda) reasons under ECCN 1A008. Because of the creation of 
this new ECCN 1A008, this rule makes corresponding changes to ECCN 
1C018 (deletion of 1C018.a, .b, and .i). A reference to ECCNs 1C018 and 
1C992 is included in the Related Control paragraph of ECCN 1A008, and a 
reference to 1A008 is added to the Related Controls paragraph of 1C018. 
In addition, Related Control notes concerning State Department 
jurisdiction that were in 1C018 are also added to 1A008 when 
appropriate.
    ECCN 1B001 is amended by revising the phrase ``and/or'' to read 
``or'' in paragraph f.2 of the List of Items Controlled section, to 
clarify the meaning of the text, as part of the TFEI revisions.
    ECCN 1B003 is amended by:
    a. Revising the Heading by replacing an ``or'' with a comma, and 
adding the phrase ``any of the following'' to clarify the text as part 
of the TFEI revisions; and
    b. Revising paragraph 1B003.c to be more specific about which 
structures (1B003.a) and engines (1B003.b) the specially designed 
components are controlled for, as part of the TFEI revisions.
    ECCN 1C008 is amended by:
    a. Removing a comma in the Heading to clarify the text as part of 
the TFEI revisions;
    b. Revising Note 1 by revising the phrase ``solid form'' to read 
``solid fusible form'' to make it clear that the intent was not to 
specify non-fusible forms;
    c. Replacing Note 2 with a Nota Bene to reference ECCN 1A003 for 
controls for non-``fusible'' aromatic polyimides in film, sheet, tape, 
or ribbon form;
    d. Removing the redundant word ``acids'' from 1C008.b.2 as part of 
the TFEI revisions, because acid appears as a descriptor in each of the 
subparagraphs; and
    e. Adding single quotes around the term `glass transition 
temperature (Tg)' in 1C008.f, and in the Technical Note that follows, 
because this term is defined in the Technical Note that follows this 
paragraph.
    ECCN 1C010 is amended by:
    a. Adding a comma in the Heading to clarify the text as part of the 
TFEI revisions;
    b. Adding double quotes around the terms ``specific modulus'' and 
``specific tensile strength'' in paragraphs 1C010.a.1, a.2, b.1, b.2, 
c.1, and Note 1 after c.2, because these terms are defined in Part 772 
of the EAR;
    c. Adding a reference to ``ISO 10618 (2004) 10.2.1 Method A'' in 
the Technical Note following paragraph 1C010.b.2 and removing a 
reference to an example of a national equivalent tow test ``such as 
Japanese Industrial Standard JIS-R-7601, Paragraph 6.6.2'' to clarify 
how better to determine the properties for materials described in 
1C010.b;
    d. Replacing the word ``percent'' with the percent symbol in the 
Note to 1C010.c;
    e. Re-indexing the sub-entries in the Note to 1C010.c to conform to 
the WA text;
    f. Adding a comma and the phrase ``having any of the following'' in 
1C010.d;
    g. Adding a comma after ``as follows'' and adding the phrase 
``having all of the following'' in 1C010.e;
    h. Removing the word ``With'' in 1C010.e.2.a and e.2.b, because it 
was superfluous; and
    i. Adding single quotes around the term `glass transition 
temperature (Tg)' in 1C010.e and Notes in multiple locations to 
indicate that this term is defined within this ECCN entry.
    ECCN 1C018 is amended by:
    a. Adding a Related Control Note 8 to reference ECCN 1A008 
for shaped charges, detonating cord, and cutters and severing tools, so 
the public will know to where these items were moved;
    b. Adding a Related Control Note 9 to read ``See ECCN 
1E001 for the ``development'' or ``production'' ``technology'' for the 
commodities controlled by ECCN 1C018, but not explosives or energetic 
materials that are under the jurisdiction of U.S. Department of State, 
Directorate of Defense Trade Controls.''
    c. Removing and reserving paragraphs 1C018.a and .i, because these 
items are now controlled under the newly created ECCN 1A008, as well as 
adding a reference to ECCN 1A008 in the Related Controls paragraph of 
the List of Items Controlled section;
    d. Revising paragraph 1C018.b to remove the words ``Detonating cord 
or'', because this item was moved to ECCN1A008.
    ECCN 1D003 is amended by adding a reference to the Heading for the 
newly added paragraph 1A004.d, to add controls over software specially 
designed or modified to enable electronic equipment designed for 
automatically detecting or identifying the presence of ``explosives''. 
RS controls are also being added to this software, because of the 
utility in conventional weapons.
    ECCN 1E001 is amended by:
    a. Revising the reference to 1A006 to read 1A006.b in the Heading 
and in the NS Column 1 control paragraph, to focus the technology 
control to the development or production of `disruptors';
    b. Adding 1A008 to the Heading and to the NS Column 1 control 
paragraph, because 1E001 applies to all 1A ECCNs controlled for NS 
reasons;
    c. Removing 1C992 from the list of ECCNs not controlled by 1E001, 
because the technology used to develop and produce 1C018 is the same as 
that used to develop and produce 1C992 commodities;
    d. Adding ``RS'' to the Reasons for Control paragraph; and
    e. Adding RS Column 2 controls for technology for the development, 
production, or use of 1A004.d to maintain RS controls formerly imposed 
under ECCN 2E983;

[[Page 66003]]

    f. Adding 1A008 to the NS:1 controls;
    ECCN 1E002 is amended by:
    a. Removing a comma in the Heading to correct the punctuation, as a 
TFEI revision;
    b. Removing the word ``characteristics'' from 1E002.c.1 because it 
was unnecessary, as part of the TFEI revisions;
    c. Revising paragraphs c.1.b, c.1.b.1, and c.1.b.2 to clarify the 
text as part of the TFEI revisions;
    d. Replacing the period with a semi-colon at the end of 1E002.f to 
fix the punctuation as part of the TFEI revisions;
    e. Adding single quotes around the term `libraries' in paragraph 
1E002.g because it is a term defined in the Technical Note that follows 
that paragraph;
    f. Adding a reference in 1E002.g to 1A004.d to control `libraries' 
related to electronic equipment designed for automatically detecting or 
identifying the presence of ``explosives''; and
    g. Removing the words ``the term'' in the Technical Note following 
paragraph 1E002.g, because these words were unnecessary in the 
sentence.
    An Annex ``List of Explosives (see ECCNs 1A004 and 1A008)'' is 
added to the end of Category 1 in order to clarify the controls in 
ECCNs 1A004 and 1A008.

Category 2 Materials Processing

    ECCN 2A983 is amended by removing and reserving paragraph b in the 
Items paragraph of the List of Items Controlled, because this type of 
explosive detection equipment is now controlled for national security 
reasons under ECCN 1A004 and the technology is controlled for regional 
stability reasons under 1E001.d.

Category 3 Electronics

    Category 3 is amended by removing the last sentence in the Nota 
Bene which appears at the beginning of Category 3 and states ``If the 
integrated circuit is a silicon-based ``microcomputer microcircuit'' or 
microcontroller microcircuit described in 3A001.a.3 having an operand 
(data) word length of 8 bit or less, the status of the integrated 
circuit is determined in 3A001.a.3'', because in 2005 the Wassenaar 
Arrangement removed microcircuits manufactured from a silicon based 
semiconductor from 3A001.a.3.
    ECCN 3A001 is amended by:
    a. Revising the License Exception GBS eligibility paragraph to add 
newly controlled 3A001.b.10 (oscillators or oscillator assemblies) and 
3A001.h (solid-state power semiconductor switches, diodes, or 
`modules').
    a.1. Adding dashes in front of each of the listed items in Note 2 
after 3A001.a to be consistent with WA text.
    b. Revising the control parameters for `field programmable logic 
devices' in 3A001.a.7, by replacing 3A001.a.7.a through a.7.c with new 
paragraphs 3A001.a.7.a and 3A001.a.7.b. The parameters for field 
programmable logic devices were confusing, difficult to apply, and 
dated. The new control parameters are clearer and take into account 
advances in technology.
    c. Adding Technical Note 2 after 3A001.a.7.b to help people better 
understand the scope of this entry.
    d. Revising the parameters for 3A001.a.10 (Custom integrated 
circuits for which the function is unknown, or the control status of 
the equipment in which the integrated circuits will be used is unknown 
to the manufacturer) from more than ``1,000 terminals'' to ``1,500 
terminals'' in 3A001.a.10.a, and from a typical ``basic gate 
propagation delay time'' of less than ``0.1 ns'' to ``0.02 ns'' in 
3A001.a.10.b. The threshold for the number of terminals for custom 
integrated circuits is increased to 1,500, because integrated circuits 
with more than 1,000 terminals are losing controllability, and more 
terminals are needed for civil use integrated circuits.
    e. Revising the average output power density parameter for 
microwave power amplifiers in 3A001.b.8.b to read ``average output 
power to mass ratio'' in order to avoid any confusion with the 
parameter for antenna output, because, in the case of RF transmission, 
power density is normally expressed in terms of Watts per unit area (W/
m2) and usually applies to antenna output.
    e.1. Removing a comma after (MPM) to correct the punctuation in 
3A001.b.9;
    f. Adding a new paragraph 3A001.b.10 to control oscillators or 
oscillator assemblies and a new Technical Note to clarify calculations 
involving operating frequency. This new control concerns the enhanced 
control of equipment for generating low phase noise signals, i.e., 
synthesized frequency generators, stable oscillators and stable 
oscillator assemblies. Low phase noise performance is especially 
important for search radar systems, as it determines the ultimate 
capability of the radar to detect low radar cross-section platforms in 
the presence of clutter, which is especially useful for military 
applications. The stable oscillator sets the baseline noise performance 
of these systems. Commercial applications for low phase noise 
oscillators include digital radio using Quadrature Amplitude Modulation 
(QAM), low-jitter communications, photonic-based communications and 
low-cost reference oscillators for accurate phase measurements. Low 
phase noise test equipment is commonly used for the research 
development and evaluation of modern wireless communication 
applications including cellular phones, commercial satellites and local 
area networks (LANs).
    g. Removing the parenthetical phrase ``(i.e., `signal processing' 
devices employing elastic waves in materials)'' from 3A001.c.1 and c.2, 
because this example caused more confusion than clarity.
    h. Adding single quotes around the term `frequency side-lobe 
rejection' in 3A001.c.1.b.1 and c.1.c.3 to indicate that this is a 
defined term in the entry and adding a Technical Note below 
3A001.c.1.c.3 to define the term.
    i. Revising the `frequency side-lobe rejection' parameter from ``55 
dB'' to ``65 dB'' in 3A001.c.1.b.1 and c.1.c.3 because of technological 
advances.
    j. Revising the frequency parameter for bulk (volume) acoustic wave 
devices in 3A001.c.2 from ``2.5 GHz'' to ``6 GHz'' because of 
technological advances.
    k. Adding a Note after 3A001.c.3 to exclude acoustic wave devices 
that are limited to a single band pass, low pass, high pass or notch 
filtering, or resonating function from 3A001.c control;
    l. Revise the text ```Cells' and photovoltaic arrays as follows:'' 
to read ``'Cells' as follows:'' in 3A001.e.1 to correct an error in the 
rule published on October 14, 2008 (73 FR 60910) when photovoltaic 
arrays were removed from this paragraph;
    l.1. Adding single quotes around the term `secondary cells' to 
indicate that this term is defined in this entry.
    m. Replacing the period with a semi-colon in 3A001.e.4 to correct 
the punctuation as part of the TFEI revisions.
    n. Revising the parameters for rotary input type absolute position 
encoders in 3A001.f by removing the two subparagraphs 3A001.f.1 and f.2 
and replacing the accuracy of ``better than  2.5 seconds of 
arc'' with ``equal to or less (i.e., better) than  1.0 
second of arc'' because of technological advances.
    n.1. Replacing a period with a semi-colon after 3A001.g.2.b to 
correct punctuation for the addition of 3A001.h.
    o. Adding a new paragraph 3A001.h to control solid-state power 
semiconductor switches, diodes, and `modules', as well as a Technical 
Note to define `modules'. Several Notes are also added: Note 1 to 
explain repetitive peak off-state voltage; Note 2 to provide the scope 
(parameters) of 3A001.h; and

[[Page 66004]]

Note 3 to explain that 3A001.h does not apply to switches, diodes, or 
'modules' incorporated into equipment designed for civil automobile, 
civil railway, or ``civil aircraft'' applications. This new control for 
solid-state power semiconductor switches is added, because for military 
applications such as combat vehicles, even a small improvement in the 
maximum junction temperature of switches can have a big impact on 
reducing heat exchanger volume and weight--thus permitting the power 
converter to operate at a higher frequency, resulting in reduced power 
converter volume.
    ECCN 3A002 is amended by:
    a. Removing a comma in 3A002.a.6 to correct the punctuation;
    a.1. Making a technical correction to the switching time control 
from ``10 ns'' to ``312 ps'' to correlate this control to the carrier 
frequency points and bandwidths referenced in 3A002.d.3; and
    b. Adding a minimum synthesized frequency parameter of 3.2 GHz for 
synthesized signal generators in 3A002.d.4, as well as increasing 
(i.e., tightening) the phase noise control threshold in frequency 
regimes of greatest concern to the military, while leaving most 
commercial instruments uncontrolled. Also, by adding a Technical Note 
for 3A002.d.4 to explain what the ``F'' is in the parameter.
    3B001 is amended by:
    a. Adding a new Note after 3B001.a.1 to explain that 3B001.a.1 
includes atomic layer epitaxy equipment; and
    b. Replacing the word ``and'' with a comma to correct the grammar 
in 3B001.f.3.

Category 4 Computers

    ECCN 4D001 is amended by:
    a. Revising the Heading to harmonize with the Wassenaar Arrangement 
list;
    b. Revising the Adjusted Peak Performance (APP) parameter in the 
License Exception TSR paragraph from 0.1 Weighted TeraFLOPS (WT) to 0.5 
WT to harmonize with the increase in the APP control threshold and in 
consideration of technological advances;
    c. Adding the phrase ``equipment as follows'' to the end of 4D001.b 
to clarify this sentence, as part of the TFEI revisions; and
    d. Revising the APP parameter from ``0.04 WT'' to ``0.10 WT'' in 
4D001.b.1, because processor technology is expected to continue to 
advance while transistors continue to shrink in size. The control level 
for software and technology is adjusted to 0.10 WT in consideration of 
the processors that are available in 2009.
    ECCN 4D003 is amended by:
    a. Revising the Heading by making the former 4D003.c the Heading, 
because 4D003.c is the only paragraph left in the entry;
    b. Revising the License Exception TSR paragraph to replace the 
existing text ``Yes, except 4D003.c'' with ``N/A'', because 4D003.c is 
now the Heading;
    c. Revising the Related Controls paragraph to direct the reader to 
Category 5, Part 2, regarding the treatment of information security;
    d. Deleting 4D003.a (Operating system ``software'', ``software'' 
development tools and compilers specially designed for ``multi-data-
stream processing'' equipment, in ``source code''), because nearly all 
hardware now includes support for ``multi-data-stream processing'' and 
a huge array of software available in ``source code'' is readily 
available throughout the world and on the internet; and
    e. Removing paragraph 4D003.c and moving this control parameter to 
the Heading, because it's the only paragraph left in this entry.
    WA agreed to remove the definition for ``multi-data stream 
processing'' from the WA definitions, because WA agreed to remove 
4D003.a which was the only place where the term was used on the WA 
list. However, the term is still used on the CCL in ECCN 4E993, a 
unilateral entry, and therefore, this rule does not remove the term 
``multi-data-stream processing'' from Part 772 of the EAR.
    ECCN 4E001 is amended by:
    a. Revising the Heading by making editorial revisions as part of 
the TFEI revisions;
    b. Revising the License Exception TSR paragraph by revising the APP 
threshold from ``0.1 WT'' to ``0.5 WT'' to harmonize with the increase 
in the APP control threshold and in consideration of technological 
advances;
    c. Adding the phrase ``equipment as follows'' to the end of 4E001.b 
to clarify this sentence, as part of the TFEI revisions; and
    d. Revising the APP parameter from ``0.04 WT'' to ``0.10 WT'' in 
4E001.b.1, because processor technology is expected to continue to 
advance while transistors continue to shrink in size. The control level 
for software and technology is adjusted to 0.10 WT in consideration of 
the processors currently available.

Category 5, Part I Telecommunications

    ECCN 5A001 is amended by:
    a. Revising the NS Column 2 control paragraph to add 5A001.h, which 
is a newly added control for electronic equipment designed or modified 
to prematurely activate or prevent the initiation of Radio Controlled 
Improvised Explosive Devices (RCIED);
    b. Revising the License Exception LVS paragraph to add eligibility 
for 5A001.h at the $5,000 limit to accommodate low value shipments to 
countries listed in Country Group B;
    c. Revising 5A001.f, f.1, and f.2 by making editorial revisions as 
part of the TFEI revisions;
    d. Adding a new parameter paragraph 5A001.f.3, regarding jamming 
equipment, to ensure that telephony systems cannot be disrupted by 
undesirable elements and organizations;
    e. Replacing the reference to the ``Munitions List'' with the 
equivalent U.S. regulations ``International Traffic in Arms Regulations 
(ITAR) (22 CFR Parts 120-130)'' in the Nota Bene following 5A001.f.3;
    f. Removing a period from ``5A001.g.'' to read ``5A001.g'' in the 
Note after 5A001.g to correction the punctuation; and
    g. Adding a new control paragraph 5A001.h to control electronic 
equipment designed or modified to prematurely activate or prevent the 
initiation of Radio Controlled Improvised Explosive Devices as part of 
the multilateral effort to stem terrorist activities.
    h. Adding a Nota Bene after paragraph 5A001.h to reference the 
ITAR, because some specific equipment classified under 5A001.h may be 
under the jurisdiction of the Directorate of Defense Trade Control, 
Department of State.
    ECCN 5B001 is amended by:
    a. Revising the Heading to add clarifying text to more accurately 
describe the scope of this entry as part of the TFEI revisions.
    b. Removing reference to ECCNs 5D001 and 5E001 from 5B001.a to 
remove the ambiguity of the reference.
    c. Adding a comma to 5B001.a to clarify the text as part of the 
TFEI revisions;
    d. Removing a period from ``5B001.a.'' to read ``5B001.a'' in the 
Note after 5B001.a to correct the punctuation.
    e. Adding text that limits the scope of parameter in 5B001.b.2.b to 
clarify that this paragraph does not control equipment for development 
of optical amplification using praseodymium-doped fibers, and that this 
control is limited to equipment for development of praseodymium-doped 
fibers. The control language of 5B001.b.2 is nearly identical to that 
of 5E001.c.2, which indicates that these two sections were intended to 
be harmonized. Nevertheless, the scope of control of optical 
amplification in 5B001.b.2.b (all optical amplification) is much 
broader than the corresponding scope of control in 5E001.c.2.b (limited 
to optical

[[Page 66005]]

amplification using praseodymium-doped fluoride fiber amplifiers 
(PDFFA)).
    f. Capitalizing the words ``Quadrature-Amplitude-Modulation'' in 
5B001.b.4 because it is followed by an acronym, as part of the TFEI 
revisions.
    ECCN 5D001 is amended by;
    a. Revising the Heading to make editorial revisions as part of the 
TFEI revisions;
    b. Adding a comma after ``equipment'' and removing a comma and 
replacing the period with a semi-colon in 5D001.a to correct the 
punctuation as part of the TFEI revisions;
    c. Removing the reference to 5B001 in 5D001.a because the intent 
was to refer to 5A001 only;
    d. Replacing a period with a semi-colon in 5D001.b and .c to 
correct the punctuation, as part of the TFEI revisions;
    e. Adding a comma to the number 1750 in 5D001.d.2.a to correct the 
punctuation, as part of the TFEI revisions; and
    f. Capitalizing Quadrature-Amplitude-Modulation in 5D001.d.4 
because it is followed by an acronym, as part of the TFEI revisions.
    ECCN 5E001 is amended by:
    a. Removing a comma in the Heading to correct the punctuation as 
part of the TFEI revisions.
    b. Making editorial revisions in 5E001.a, including removing the 
reference to ECCN 5B001 and revising the reference to 5D001 to read 
5D001.a, to focus the ECCN on control, as part of the TFEI revisions.
    c. Revising ``technologies'' to read ``technology'' and removing a 
comma in 5E001.b to correct the sentence as part of the TFEI revisions.
    d. Replacing the period with a semi-colon in 5E001.b.4 to correct 
the punctuation as part of the TFEI revisions.
    e. Removed the phrase ``telecommunication transmission or switching 
equipment, functions or features'' in 5E001.c because it was 
unnecessary, as part of the TFEI revisions.
    f. Capitalized ``Praseodymium-Doped Fluoride Fiber Amplifiers'' in 
5E001.c.2.b, because it is followed by an acronym, as part of the TFEI 
revisions.
    g. Replacing the control parameter ``exceeding 8 optical carriers 
in a single optical window'' with ``of optical carriers at less than 
100 GHz spacing'' for equipment employing a ``laser'' in 5E001.c.2.d. 
``The number of optical carriers in a single window'' is not 
technically adequate in specifying such equipment because the size of 
``a single window'' (equal to the range of wavelength) is not always 
the same. Therefore, ``spacing'' in GHz was adopted as the parameter 
for defining this technology.
    h. Adding a Nota Bene to reference Product Group E of Category 6 
for ``technology'' for the ``development'' or ``production'' of non-
telecommunications equipment employing a ``laser''.
    i. Capitalizing the words ``Amplitude-Modulation'' in 5E001.c.4.a 
because it is followed by an acronym, as part of the TFEI revisions.
    j. Making minor changes to 5E001.c.4.c (removing the word ``or'' 
from the end of that clause) and c.5 (inserting the word ``or'' at the 
end of that clause), as a result of adding a new paragraph 5E001.c.6 to 
control ``technology'' according to the General Technology Note for the 
``development'' or ``production'' of mobile equipment. Until recently, 
component technology and related communications technology have been 
the major obstacles in developing practical, wideband UV communications 
systems. However, component technology has recently advanced. 
Ultraviolet communications systems technology provides a means of 
highly covert, non-line-of-sight (NLOS) communications and Ethernet-
speed wireless digital communications which are of strategic interest 
and concern.
    k. Adding two new paragraphs 5E001.d and .e to control 
``technology'' according to the General Technology Note for the 
``development'' or ``production'' of Microwave Monolithic Integrated 
Circuit (MMIC) power amplifiers specially designed for 
telecommunications, and electronic devices and circuits containing 
components manufactured from ``superconductive'' materials, specially 
designed for telecommunications. The aim of these new controls is to 
clarify the status of technology for the development or production of 
two classes of components, MMIC power amplifiers and superconductor 
devices. If the devices are not specially designed for 
telecommunications and specified in Category 3, the corresponding 
technology for their development or production is controlled by 
reference in Category 3, Group E. Category 5, Part 1 did not specify 
MMIC power amplifiers or superconductor devices (such as high-Q 
superconductor filter, used in wireless systems). As such, the 
controllability of the technologies was in question even where the 
technologies exceeded Category 3 control thresholds and were the same 
technologies for the more generally designed Category 3 devices. Adding 
the new control paragraphs to 5E001 clarifies the control status of 
these technologies when specially designed for telecommunications 
devices.

Category 5, Part 2 ``Information Security''

    ECCN 5A002 is amended by:
    a. Making editorial changes to the Note at the beginning of the 
Items paragraph of the List of Items Controlled section by removing the 
parenthesis around paragraph letters `a' through `g' to make the entry 
consistent with other ECCN entries as part of the TFEI revisions.
    b. Revising the Note at the beginning of the Items paragraph of the 
List of Items Controlled section by adding a new paragraph `h' to 
release from 5A002 control equipment specially designed for the 
servicing of portable or mobile radiotelephones and similar client 
wireless devices that meet all the provisions of the Cryptography Note, 
as well as other listed parameters. The mass-marketed mobile devices 
include several kinds of product security features, both in hardware 
and ``software''. The product security features require service 
equipment capable of having a coded signal with the mobile devices 
being serviced. The equipment to be decontrolled includes test devices, 
``software'' update devices and related accessories.
    c. Revising the Note at the beginning of the Items paragraph of the 
List of Items Controlled section by adding a new paragraph `i' to 
exclude from control certain short-range wireless products (i.e., for 
personal area networks) with an operating range not exceeding 30 
meters. The rationale for adding a new Note `i' is that wireless 
personal area networking products are not of strategic concern due to 
their distance limitation and predominant civil use in applications 
such as home entertainment systems, peripherals for laptops and 
personal computers, cell phone headsets, iPod headphones and home/
business/industrial automation. A limitation of 30 meters is the 
typical range of such equipment according to the manufacturers' 
specifications. This equipment is manufactured worldwide. The key 
element of this proposal is that wireless personal area networking 
equipment and components are based on limited short-range wireless 
technologies. The primary examples currently are Bluetooth (IEEE 
802.15.1), Wibree (ultra low power Bluetooth) and ZigBee (IEEE 
802.15.4). This new Note `i' does not decontrol wireless local area 
networks, such as those based on the WiFi standard (IEEE 802.11), which 
operate over greater distances and

[[Page 66006]]

encrypt data for transmission across networks such as the Internet.
    d. Adding a new paragraph 5A002.a.7 to control non-cryptographic 
information and communications technology (ICT) security systems and 
devices meeting certain criteria. Highly secure ICT systems and devices 
are used in various military, government and commercial businesses, 
especially for connecting and/or segregating networks with different 
levels of information sensitivity. The recent improvements to high 
assurance technology (e.g., development of secure kernels) means that 
it is now very easy to build high assurance ICT security products 
without `military-grade' security components.
    ECCN 5B002 is amended by:
    a. Revising the Heading by making editorial changes, as part of the 
TFEI revisions; and
    b. Revising 5B002.a and .b to remove circular references.
    ECCN 5D002 is amended by:
    a. Revising the Heading to make clarifying changes as part of the 
TFEI revisions;
    b. Revising 5D002.a and c.1 to remove circular references and focus 
the ECCN on the control.
    c. Replacing periods with semi-colons in 5D002.a and b as part of 
the TFEI revisions.
    ECCN 5E002 is amended by revising the reference ``5D002'' to read 
``5D002.a or 5D002.c'' in the Heading, as well as the EI control 
paragraph and the License Requirement Note of the License Requirement 
section, to focus the ECCN on control.

Category 6 Sensors

    ECCN 6A001 is amended by:
    a. Revising the License Exception LVS eligibility paragraph to add 
eligibility for 6A001.c (Diver deterrent acoustic systems) at a $5,000 
limit.
    b. Revising the License Exception GBS and CIV eligibility 
paragraphs to add eligibility for 6A001.c, because this is basically an 
anti-terrorism device and the concern here is in regards to the export 
or reexport of the device to E:1 countries;
    b.1. In the Note that follows 6A001.a.1, adding the phrase 
``equipment as follows'' to conform to the WA text;
    c. Replacing the period with a semi-colon at the end of 6A001.b, 
because of the addition of paragraph 6A001.c; and
    d. Adding a new paragraph 6A001.c and two Notes to control diver 
deterrent acoustic systems to reduce the threat of attacks on ports, 
harbors, offshore platforms, shipping and coastal facilities.
    ECCN 6A004 is amended by:
    a. Revising the Heading to better represent the scope of this 
entry, as part of the TFEI revisions;
    b. Removing a comma from 6A004.a to correct the punctuation, as 
part of the TFEI revisions;
    c. Replacing the word ``lambda'' with the scientific symbol for 
lambda ``[lambda]'' in two places in 6A004.a.4, as part of the TFEI 
revisions;
    d. Replacing the period with a semi-colon in 6A004.b.2, c.4, and 
d.4 to correct the punctuation, as part of the TFEI revisions;
    e. Adding the word ``components'' to 6A004.c.1 and c.4 to add 
consistency to the list of components in 6A004.c, as part of the TFEI 
revisions;
    e.1. Adding the word ``raw'' to the beginning of 6A004.c.2 and 
adding the word ``processed'' in front of the second ``substrates'' to 
conform with Wassenaar text;
    e.2. Removing a superfluous comma in 6A004.d to correct the 
punctuation;
    f. Adding the word ``equipment'' to 6A004.d.1 and d.2 to add 
consistency to the list of equipment in 6A004.d, as part of the TFEI 
revisions;
    g. Removing the word ``characteristics'' from 6A004.e because it 
was unnecessary, as part of the TFEI revisions;
    h. Removing unnecessary words from 6A004.e.1, e.2, and e.3 to make 
the parameters more concise, as part of the TFEI revisions;
    i. Replacing the semi-colon with a period to correct the 
punctuation in 6A004.e.3 as this is the last subparagraph of 6A004, as 
part of the TFEI revisions;
    j. Adding single quotes around `aspheric optical elements' in the 
Note for 6A004.e, as part of the TFEI revisions;
    k. Removing unnecessary words from the Note for 6A004.e to make the 
Note more concise, as part of the TFEI revisions.
    ECCN 6A005 is amended by:
    a. Replacing the word ``in'' with ``by'' to correct the preposition 
in Note 2 at the beginning of the Items paragraph and in 6A005.d, as 
part of the TFEI revisions;
    b. Replacing the words ``the following'' with ``as follows'' for 
consistency in text typically used in the Wassenaar List, as part of 
the TFEI revisions;
    c. Removing a comma in 6A005.a, b, b.6.b, c, d, d.1, d.1.a, 
d.1.a.2, d.1.b, d.1.b.2, d.1.c, d.4, d.5, d.5.c, e, f, to correct the 
punctuation, as part of the TFEI revisions;
    d. Removing unnecessary words, such as ``A'', ``An'', ``having'', 
``having an'', or ``with an'' in nearly every paragraph in the Items 
paragraph of the List of Items Controlled section, and in some cases 
replacing the words ``having an'' with the word ``and'';
    e. Replacing the double quotes with single quotes around the term 
`Wall-plug efficiency' in 6A005.a.6.a.1 and a.6.b.1, because the term 
is defined in the Related Definition section of 6A005;
    f. Replacing the period with a semi-colon in 6A005.a.8, d.1.b.3, 
d.1.c.3, and d.1.d to correct the punctuation, as part of the TFEI 
revisions;
    g. Adding the words ``equal to or'' in 6A005.b.6.b to correct a 
minor oversight in the established controls, leading to a loophole for 
a certain type of laser with a pulse duration of 1 ns;
    h. Adding commas to 6A005.c.2., d.1.c.1, d.1.c.2, d.1.c.3, e.2 and 
f.3, to correct the punctuation and clarify the paragraphs, as part of 
the TFEI revisions;
    i. Adding single quotes around the terms `array' and `array stacks' 
in 6A005.d.1.d and in the Technical Note following this paragraph to 
indicate that the terms are defined in the Technical Note below 
paragraph 6A004.d.1.d, as well as removing the phrase ``that is'' and 
replacing the word ``under'' with ``by'' to conform to the WA text;
    j. Replacing double quotes with single quotes around the term `non-
repetitive pulsed' in 6A005.d.6 and the Note following 6A005.d.6.b to 
indicate that the term is defined in this Note, as part of the TFEI 
revisions;
    k. Adding single quotes around the term `active cooling' in 
6A005.e.1 and the Technical Note following this paragraph to indicate 
that the term is defined in this Technical Note;
    l. Replacing the word ``lambda'' with the scientific symbol 
``[lambda]'', in 6A005.f.3 as part of the TFEI revisions.
    ECCN 6A006 is amended by:
    a. Deleting the extra ``and'' in the Heading to correct the 
sentence, as part of the TFEI revisions;
    b. Replacing the term ``noise level (sensitivity)'' with the term 
`sensitivity' in the License Exception LVS eligibility paragraph, and 
in the following subparagraphs 6A006.a.1.a, a.1.b, a.2, a.3, a.4, a.5, 
b, c.2., and c.3 because this term was condensed and defined in the 
Technical Note after 6A006.d as a term more commonly used by 
manufacturers;
    c. Adding double quotes around the term ``Magnetometers'' in 
6A006.a.1, a.2, a.3, because this term is defined in Part 772 of the 
EAR;
    d. Removing the word ``characteristics'' from 6A006.a.1 because it 
is unnecessary, as part of the TFEI revisions;

[[Page 66007]]

    e. Adding the modifier ``at a frequency of 1 Hz'' to 6A006.a.2 to 
clarify the parameter;
    f. Replacing the period with a semi-colon in 6A006.b to correct the 
punctuation, as part of the TFEI revisions;
    g. Replacing the capitalization with lower case letters in 
``underwater electric field sensors'' of 6A006.d to correct the 
grammar, as part of the TFEI revisions;
    h. Adding a Technical Note after 6A006.d to define the term 
`sensitivity', because this term is used throughout 6A006 and is a more 
common term used by manufacturers than ``noise level''.
    i. Adding parentheses around ``rms'' wherever it appears in 6A006 
to conform to WA text.
    ECCN 6A008 is amended by:
    a. Removing the unnecessary word ``characteristics'' from the 
Heading to make it more concise, as part of the TFEI revisions;
    b. Replacing the alphabetic bullets with dashes to simplify the 
list in the Note at the beginning of the items paragraph, as part of 
the TFEI revisions;
    c. Removing the words ``Having a'' from 6A008.b to remove the 
redundant wording that also appears in the Heading, as part of the TFEI 
revisions;
    d. Adding the word ``and'' to correct the grammar and clarify the 
sentence in 6A008.h, as part of the TFEI revisions;
    e. Replacing the phrase ``provided that all the following 
conditions are met'' with the more commonly used ``and having all of 
the following'' in 6A008.i, Note b to bring consistency and clarity, as 
part of the TFEI revisions;
    f. Removing unnecessary words from the Note following 6A008.i to 
provide more concise wording, as part of the TFEI revisions;
    g. Replacing a comma with ``and'' in 6A008.j to correct the 
grammar, as part of the TFEI revisions;
    h. Moving the ``or'' from 6A008.j.1 to 6A008.j.2 because of the 
addition of new paragraph 6A008.j.3;
    i. Adding a new paragraph 6A008.j.3 and 3 new Notes to control 
``laser'' radar or Light Detection and Ranging equipment for airborne 
bathymetric littoral surveys (surveys of shores for troop deployment); 
and
    j. Replacing the word ``with'' with ``and having'' in 6A008.k and 
.l to clarify the sentence and use more commonly used text, as part of 
the TFEI revisions.
    ECCN 6A996 is amended by:
    a. Replacing the words ``noise level (sensitivity)'' with 
`sensitivity' in 6A996.a, because it is the more commonly used term to 
describe this parameter.
    b. Adding a Technical Note after paragraph 6A996.a to define the 
term `sensitivity'.
    c. Adding parenthese around the term ``rms'' in 9A996.a.
    ECCN 6D003 is amended by:
    a. Deleting a comma in the Heading to correct the punctuation.
    b. Making RS controls applicable to paragraph `c' in the Reasons 
for Control paragraph under the License Requirements section.
    c. Adding section headings, such as ``Acoustics'', throughout the 
Items paragraph to assist the reader.
    d. Replacing a period with a semi-colon to correct the punctuation 
in 6D003.a.4, as part of the TFEI revisions.
    e. Adding a new paragraph 6D003.c to control software designed or 
modified for cameras incorporating ``focal plane arrays'' specified by 
6A002.a.3.f and designed or modified to remove a frame rate restriction 
and allow the camera to exceed the frame rate specified in 6A003.b.4 
Note 3.a. With the addition of this paragraph, a license is now 
required to export or reexport the software that would give an 
uncontrolled camera the capability of a controlled camera.
    f. Removing a comma to correct the punctuation of 6D003.f and .h as 
part of the TFEI revisions.
    g. Adding the acronym ``ATC'' after ``Air Traffic Control'' in 
paragraph 6D003.h.1, as part of the TFEI revisions.
    h. Replacing the word ``which'' with ``and having all of the 
following'' in 6D003.h.2 to use the more commonly used text to 
introduce a list of parameters, as part of the TFEI revisions.
    i. Removing superfluous words from 6D003.h.2.a, as part of the TFEI 
revisions; and
    j. Replacing double quotes with single quotes around the term 
`average side lobe level' in 6A008.h.2.b and in the Technical Note that 
follows, as part of the TFEI revisions, to indicate that the term is 
defined in the entry.
    ECCN 6E993 is amended by:
    a. Replacing the word ``with'' with ``having all of the following'' 
in 6E993.a for consistency;
    b. Removing superfluous words from 6E993.a.1 and a.2 to be more 
concise;
    b.1. Replacing the word ``lambda'' with the scientific symbol and 
adding parentheses around the term ``rms'' in 6E993.a.2 to harmonize 
with WA text.
    b.2. Replacing the phrase ``of less'' with ``lower (better)'' and 
adding parentheses around the term ``rms'' to harmonize with Wassenaar 
text in 6E993.d.1 and d.2.
    c. Replacing the term ``noise level'' with `sensitivity' in 
6E993.d.1 and d.2 to use a more common manufacturing term;
    d. Adding a Technical Note after 6E993. d.2 to define 
`sensitivity'.

Category 7 Navigation and Avionics

    ECCN 7A003 is amended by:
    a. Correcting the capitalization and replacing the word 
``therefore'' with ``as follows'' in the Heading to be consistent with 
typically used text, as part of the TFEI revisions;
    b. Deleting a comma and adding a comma to correct the punctuation, 
and removing the superfluous word ``characteristics'' in 7A003.a, as 
part of the TFEI revisions;
    c. Replacing a comma with the word ``and'' in 7A003.a and .b to 
correct sentence structure and to clarify the sentence, as part of the 
TFEI revisions;
    d. Correcting the capitalization, removing the superfluous word 
``characteristics'' from 7A003.c, and adding the word ``and'' to 
7A003.c as part of the TFEI revisions;
    e. Adding parenthesis and removing an extraneous space to add 
clarity to 7A003.c.1, as part of the TFEI revisions;
    f. Removing a hyphen in 7A003.c.2 to conform with WA text; and
    g. Replacing the word ``that'' with ``which'' in Note 2 to 7A003 to 
conform with WA text.

Category 8 Marine

    ECCN 8A001 is amended by:
    a. Removing a comma in 8A001.b to correct the punctuation;
    b. Adding single quotes around the term `operate autonomously' in 
8A001.b.1 to indicate the term is defined in the Technical Note 
following 8A001.b.3.b, as part of the TFEI revisions;
    c. Removing 8A001.b.3.a and b.3.d and redesignating 8A001.b.3.b and 
8A001.b.3.c as 8A001.b.3.a and 8A001.b.3.b respectively, as well as 
adding the word ``continuously'' in the new 8A001.b.3.a to meet new 
technological and market developments;
    d. Removing superfluous words in the new 8A001.b.3.b, and the word 
``and'';
    e. Replacing the double quotes with single quotes around the term 
`operate autonomously' in Technical Note 1 and 2 that follows 
8A001.b.3.b, as part of the TFEI revisions;
    f. Replacing the double quotes with single quotes around the term 
`range' in Technical Note 2 that follows 8A001.b.3.b, as part of the 
TFEI revisions, as well as replacing the word ``cover'' with `operate 
autonomously';
    g. Replacing a comma with an ``and'' in 8A001.c to fix the grammar 
and add clarity, as part of the TFEI revisions;
    h. Removing superfluous words from 8A001.c.2, d.2, d.3, f.1, f.2, 
f.3, i.1, i.2 to be more concise, as part of the TFEI revisions;

[[Page 66008]]

    i. Adding an ``and'' to clarify the sentence in 8A001.e.2, as part 
of the TFEI revisions;
    j. Removing the superfluous word ``characteristics'' in 8A001.f, as 
part of the TFEI revisions;
    k. Replacing the word ``tons'' with ``tonnes'' in 8A001.i.1 and 
i.2, because WA meant metric tonnes, which differs from American tons 
in weight and to conform with WA text;
    l. Adding single quotes around the term `small waterplane area 
vessel' in 8A001.i.2 and in the Technical Note that follows, to 
indicate that this is a defined term in this entry, as part of the TFEI 
revisions; and
    m. Replacing the word ``draught'' with ``draft'' in the Technical 
Note after 8A001.i.2, to conform to the WA text.
    ECCN 8A002 is amended by:
    a. Adding the word ``Marine'' to the Heading to be more 
descriptive, as part of the TFEI revisions;
    b. Adding ``and'' to 8A002.a to add clarity as part of the TFEI 
revisions;
    c. Replacing the word ``in'' with ``by'' and a period with a semi-
colon in 8A002.a.4, as part of the TFEI revisions;
    d. Replacing the words ``The object of this control'' with ``The 
objective of 8A002.a.4'' in the Technical Note that follows 8A002.a.4 
to be more precise, as part of the TFEI revisions;
    e. Adding single quotes around the term `syntactic foam' in the 
Technical Note after 8A002.a.4. to indicate that the term is defined in 
the entry, as part of the TFEI revisions;
    f. Adding commas around the clause ``using navigation data'', 
removing the word ``and'', and adding the phrase ``and having any of 
the following'' to 8A002.b for clarity, as part of the TFEI revisions;
    g. Deleting a comma to correct the punctuation in 8A002.d as part 
of the TFEI revisions;
    h. Adding single quotes around the term `limiting resolution' in 
8A002.d.1.a and d.1.b to indicate that the term is defined in the 
Technical Note that follows 8A002.d.1.c.2, as part of the TFEI 
revisions, as well as removing the phrase ``in television'' to conform 
with WA text;
    i. Replacing the word ``containing'' with ``and having'' to clarify 
the sentence, as part of the TFEI revisions;
    j. Deleting a comma and replacing a comma with ``and'' in 8A002.d.2 
to clarify the sentence, as part of the TFEI revisions;
    k. Replacing the word ``having'' with ``with'' and removing a 
superfluous comma in 8A002.e to clarify the sentence, as part of the 
TFEI revisions;
    l. Moving the phrase ``as follows'' to the end of 8A002.g to 
clarify the sentence, as part of the TFEI revisions;
    m. Replacing the comma with ``and'' in 8A002.h, .i, o.1.e, o.2.d, 
and o.3.a to clarify the sentence, as part of the TFEI revisions;
    n. Moving the word ``composite'' in 8A002.h.2 to clarify the 
sentence, as part of the TFEI revisions;
    o. Removing a comma in 8A002.i.2 to correct the punctuation, as 
well as adding single quotes around the term `freedom of movement' to 
indicate that this term is defined in the Technical Note that follows 
8A002.i.2;
    p. Replacing the word ``Note'' with ``Technical Note'' to properly 
identify the note that follows 8A002.i.2;
    q. Removing the comma in 8A002.j, j.2, j.4, o.1.e, o.2.c, and o.2.d 
to correct the punctuation, as part of the TFEI revisions;
    r. Adding a comma in 8A002.j.1.a, j.1.c, j.2.a, j.2.c, j.3.a, 
j.4.a, m, n, o.1.a, o1.c, o.2, and o.2.a to correct the punctuation, as 
part of the TFEI revisions;
    s. Replacing the words ``specially designed'' with ``having all of 
the following'' in 8A002.j.1.d and j.3.b to clarify the sentence, as 
part of the TFEI revisions;
    t. Adding the words ``specially designed'' in 8A002.j.1.d.1, 
j.1.d.2, j.1.d.3, j.3.b.1, j.3.b.2, and j.3.b.3 to clarify the 
sentences, as part of the TFEI revisions;
    u. Adding the word ``and'' in 8A002.j.3 to .l to clarify the 
sentence, as part of the TFEI revisions;
    v. Moving the phrase ``as follows'' within 8A002.o.1 to clarify the 
sentence, as part of the TFEI revisions;
    w. Replacing the word ``tons'' with ``tonnes'' in 8A002.o.3 to 
clarify that American tons differ from metric tonnes and to conform to 
WA text; and
    x. Replacing a period with a semi-colon in 8A002.p to correct the 
punctuation, as part of the TFEI revisions.

Category 9 Propulsion Systems, Space Vehicles and Related Equipment

    ECCN 9A012 is amended by:
    a. Moving the period in the Heading from before the parenthetical 
phrase ``see List of Items Controlled'' to after the parenthetical 
phrase;
    b. Revising 9A012.b.2 to reflect the original intent to control the 
``associated systems'' that allow UAVs to achieve the characteristics 
described in 9A012.a (i.e., remote-controlled flight beyond visual 
range and autonomous flight capability); and
    c. Adding a comma to 9A012.b.3 to correct the punctuation.

Part 740.17 ``License Exception ENC''

    Section 740.17 ``License Exception ENC'' is amended by removing 
wireless ``personal area network'' (PAN) items from paragraph (b)(4) to 
harmonize with the addition of wireless PAN equipment to the decontrol 
Note in ECCN 5A002. These wireless PAN commodities and ``software'' are 
now classified under ECCNs 5A992 and 5D992, respectively, without any 
requirement for review or qualification as `mass market' products.

Part 742 Control Policy: CCL-Based Controls

Regional Stability Controls
    This rule revises section 742.6 ``Regional Stability'' by amending 
the paragraphs that list the ECCNs that are controlled for RS Column 1 
(RS:1) and RS Column 2 (RS:2) to coincide with changes to regional 
stability controls made by this rule. This rule revises Sec.  
742.6(a)(1) to add 6D003.c, because this software is related to 
commodities that are controlled for RS reasons.
    ECCN 1A004.d, 1D003 (software to enable equipment to perform the 
functions of equipment controlled by 1A004.d), 1E001 (technology for 
the development, production, or use of 1A004.d) are added to Sec.  
742.6(a)(4)(i) in order to maintain the RS:2 controls that were applied 
to this equipment when it was listed under ECCNs 2A983.b, 2D983, and 
2E983.
``Encryption Items''
    Section 742.15, regarding ``Encryption Items'', is amended by 
removing wireless ``personal area network (PAN)'' equipment from 
paragraphs (b)(3)(i) and the entire entry for (b)(3)(ii) to harmonize 
with the addition of wirel