Wassenaar Arrangement 2010 Plenary Agreements Implementation: Commerce Control List, Definitions, Reports, 29610-29632 [2011-11134]

Download as PDF 29610 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 734, 740, 742, 743, 772, 774 [Docket No. 110124056–1119–01] RIN 0694–AF11 Wassenaar Arrangement 2010 Plenary Agreements Implementation: Commerce Control List, Definitions, Reports Bureau of Industry and Security, Commerce. ACTION: Final rule. AGENCY: The Bureau of Industry and Security (BIS) maintains, as part of the agency’s Export Administration Regulations (EAR), the Commerce Control List (CCL), which identifies items subject to Department of Commerce export controls. This final rule revises the CCL to implement changes made to the Wassenaar Arrangement’s List of Dual-Use Goods and Technologies (Wassenaar List) maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement, or WA) at the December 2010 WA Plenary Meeting (the Plenary). The Wassenaar Arrangement advocates implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. To harmonize the CCL with the changes made to the Wassenaar List at the Plenary, this rule amends entries on the CCL that are controlled for national security reasons in Categories 1, 2, 3, 4, 5 Parts I & II, 6, 7, 8, and 9, revises reporting requirements, and adds and amends definitions in the EAR. DATES: Effective Date: This rule is effective: May 20, 2011. FOR FURTHER INFORMATION CONTACT: For general questions contact Sharron Cook, Office of Exporter Services, Bureau of Industry and Security, U.S. Department of Commerce at 202–482–2440 or by e-mail: Sharron.cook@bis.doc.gov. For technical questions contact: Category 1: Michael Rithmireat 202– 482–6105 Category 2: George Loh at 202–482–3570 Category 3: Brian Baker at 202–482– 5534 Category 4: Joseph Young at 202–482– 4197 Category 5 Part 1: Joseph Young at 202– 482–4197 srobinson on DSK4SPTVN1PROD with RULES2 SUMMARY: VerDate Mar<15>2010 18:23 May 19, 2011 Jkt 223001 Category 5 Part 2: C. Randall Pratt at 202–482–0707 Category 6: Chris Costanzo at 202–482– 0718 (optics), John Varesi 202–482– 1114 (sensors & cameras) and Mark Jaso at 202–482–0987 (lasers) Category 7: Daniel Squire at 202–482– 3710 Category 8: Darrell Spires at 202–482– 1954 Category 9: Gene Christensen at 202– 482–2984 SUPPLEMENTARY INFORMATION: Background In July 1996, the United States and thirty-three other countries gave final approval to the establishment of a new multilateral export control arrangement called the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement or WA). The Wassenaar Arrangement contributes to regional and international security and stability by promoting transparency and greater responsibility in transfers of conventional arms and dual use goods and technologies, thus preventing destabilizing accumulations of such items. Participating states committed to exchange information on exports of dual use goods and technologies to nonparticipating states for the purposes of enhancing transparency and assisting in developing a common understanding of the risks associated with the transfers of these items. For more information on the Wassenaar Arrangement go to https:// www.wassenaar.org/. Revisions to the Commerce Control List This rule revises the following 53 ECCNs on the Commerce Control List (CCL) to implement the changes to the Wassenaar List of Dual-Use Goods and Technologies agreed to at the December 2010 WA Plenary meeting: 1A002, 1A004, 1B001, 1C003, 1C006, 1C008, 1C010, 1C011, 1C111, 2A001, 2B001, 2B005, 2B006, 3A001, 3A002, 3A991, 3B001, 3C001, 3E001, 4A001, 5A001, 5D001, 5E001, 5A002, 5D002, 5E002, 6A001, 6A002, 6A003, 6A005, 6A006, 6A008, 6D001, 6D003, 6E001, 6E002, 6E003, 7A001, 7A002, 7A003, 7E004, 8A001, 8A002, 9A001, 9A003, 9A991, 9B001, 9B002, 9B008, 9D003, 9D004, 9E001 and 9E003. These changes are described in more detail below. Category 1—Special Materials and Related Equipment, Chemicals, ‘‘Microorganisms,’’ and ‘‘Toxins’’ ECCN 1A002 is amended by: Removing the phrase ‘‘finished or’’ from Notes 2 and 3, because finished products are not generally specified based on the materials they contain. PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 Adding a new Note 4 to convey that ECCN ‘‘1A002 does not apply to finished items specially designed for a specific application.’’ ECCN 1A004 is amended by: Deleting the phrase ‘‘Nuclear, biological and chemical (NBC)’’ from 1A004.c, because it conflicts with the list in 1A004.c, as it is missing radioactive materials, and is redundant to the list. Changing the format of the civil industries from a narrative list to an enumerated list formatin paragraph (b) of the Note to 1A004 that is located after the Notes to paragraph 1A004.d, as well as replacing the ‘‘and’’ to ‘‘or’’ between the phrases ‘‘residential safety’’ and ‘‘civil industries’’ in this same paragraph (b) of this same Note. These changes are made to clarify the meaning of the note. ECCN 1B001 is amended by: Adding the phrase ‘‘specially designed or modified,’’ removing the words ‘‘to manufacture,’’ and adding the word ‘‘for’’ to paragraph 1B001.c to clarify that common textile weaving and interlacing machines are not intended to be controlled. In addition, the note is removed because the new text makes the note unnecessary. ECCN 1C003 is amended by replacing, for the sake of clarity, the phrase ‘‘initial permeability’’ with ‘‘initial relative permeability’’ in the technical note of paragraph 1C003.a. ECCN 1C006 is amended by: Revising the format of the parameters in 1C006.c from a narrative to a cascaded list format to clarify the text. Removing 1C006.e to correct the text. This paragraph was the last paragraph of a technical note that was moved in 2009 from 1C006.d to the end of 1C006.a.2.e. This paragraph was inadvertently not removed when the technical note was moved. ECCN 1C008 is amended by: Removing ‘‘Non-fluorinated polymeric substances’’ and adding in its place ‘‘Imides’’ in 1C008.a, and adding the word ‘‘compounds’’ to 1C008.b.1, to better describe the scope of the paragraphs that follow. Adding ‘‘(PAI) having a ‘glass transition temperature (Tg)’ exceeding 563 K (290° C)’’ to 1C008.a.2—Aromatic polyamide-imides, which adds a temperature property as a parameter. Adding the word ‘‘compounds’’ to 1C008.b.1 to add a more complete description of the scope of the paragraphs that follow. Removing the CAS numbers for all the compounds in 1C008.b.1.a, because CAS numbers are used to describe specific substances, not compounds. E:\FR\FM\20MYR2.SGM 20MYR2 srobinson on DSK4SPTVN1PROD with RULES2 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations Adding the word ‘‘acids’’ to 1C008.b.2 to better describe the scope of the paragraphs that follow. Adding a new sentence about the PAI test to the technical note at the end of the items paragraph of 1C008.PAI varnishes are sometimes sold and these contain PAI polymers that are only partially polymerized. The added language therefore explains that the Tg parameter should be determined using a PAI specimen that is properly cured to reach a maximum capability. ECCN 1C010 is amended by: Revising the narrative format to a cascaded format in Note 2 to 1C010.e, in order to add a new paragraph (b) to this note to convey that ‘‘Fully or partially resin-impregnated or pitch-impregnated mechanically chopped, milled or cut carbon ‘‘fibrous or filamentary materials’’ 25.0 mm or less in length when using a resin or pitch other than those specified by 1C008 or 1C009.b.’’ are not controlled under 1C010.e. Amending the technical note at the end of ECCN 1C010 by splitting it into two separate sentences (ending the first sentence after ‘‘specimen’’), for better readability and clarity. Also, this rule removes the phrase ‘‘with a minimum 90% degree of cure’’ and adding in its place ‘‘In the case of thermoset materials, degree of cure of a dry test specimen shall be a minimum of 90%’’ to clarify the scope of ‘‘degree of cure’’ in the definition for ‘Dynamic Mechanical Analysis glass transition temperature (DMA Tg)’. ECCN 1C011 is amended by: Revising the Missile Technology (MT) paragraph in the License Requirements section because WA has now aligned with the Missile Technology Control Regime in controls for boron and boron alloys; therefore, the parenthetical phrase ‘‘for boron’’ is removed and the MT control applies to both the boron and the boron alloy in 1C011.b. Adding a new sentence to number 2 of the Related Controls paragraph to indicate that ‘‘the following are subject to the export licensing authority of the U.S. Department of State, Directorate of Defense Trade Controls’’ and adding ‘‘metal powders mixed with other substances to form a mixture formulated for military purposes’’ to the end of the existing list that includes materials controlled by 1C011.a. Replacing the word ‘‘carbide’’ with ‘‘alloys’’ in 1C011.b for boron, and cascading the parameters in two new paragraphs 1C011.b.1 and 1C001.b.2 in order to align with controls under the Missile Technology Control Regime, to make the text more clear, and to recognize the foreign availability and VerDate Mar<15>2010 18:23 May 19, 2011 Jkt 223001 decreased use of boron carbide for military uses. ECCN 1C111 is amended by adding a note 3 to the Related Controls paragraph to reference ECCN 1C011 for boron and boron alloys, and by removing paragraph 1C111.a.2.b ‘‘Boron alloys with a purity of 85% by weight or more’’ because this control is now in 1C011.b. Category 2—Materials Processing ECCN 2A001 is amended by: Removing reference to 2A001.b from the License Exceptions GBS and CIV eligibility paragraphs in ECCN 2A001, because this paragraph is removed and reserved by this rule. Removing one of the standards ‘‘or ANSI/ABMA Std 20 Tolerance Class ABEC–7 or RBEC–7’’ from paragraph 2A001.a and leaving only ‘‘or other national equivalents’’ because this language sufficiently describes the applicable standard for the control. Removing and reserving paragraph 2A001.b, that controlled specified ball bearings and solid roller bearings because of the wide foreign availability of these commodities. ECCN 2B001 is amended by removing the phrase ‘‘Having two or more rotary axes and all of the following’’ and adding in its place ‘‘At least two rotary axes having all of the following’’ to clarify the scope of the 2B001.e.2. ECCN 2B005 is amended by removing the phrase ‘‘allowing for the’’ and adding in its place ‘‘capable of’’ to clarify the control in the introductory text of 2B005.g. ECCN 2B006 is amended by: Replacing the phrase ‘‘indication (MPEE)’’ with ‘‘length measurement (E0,MPE)’’ to harmonize with the new ISO standard and replacing the year of the ISO standard from ‘‘2001’’ to ‘‘2009’’ in 2B006.a. Replacing the acronym ‘‘MPEE’’ with ‘‘E0,MPE’’ in the Technical Note following 2B006.a to harmonize with the new ISO standard. Replacing the phrase ‘‘Machine tools, which’’ with ‘‘2B006 includes machine tools, other than those specified by 2B001, that’’ to clarify the Note following paragraph 2B006.c. Removing two superfluous phrases ‘‘are controlled’’ and ‘‘the machine tool function or’’ from the Note following paragraph 2B006.c. Category 3—Electronics ECCN 3A001 is amended by: Removing paragraph 3A001.a.4 from the License Exception CIV eligibility paragraph in the License Exceptions section, because 3A001.a.4 is removed by this rule. Removing and reserving paragraph 3A001.a.4 ‘‘Storage integrated circuits PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 29611 manufactured from a compound semiconductor,’’ because the circuits of concern are covered by 3A001.a.2. Adding the word ‘‘Converter’’ to ‘‘Analog-to-Digital,’’ adding capitalization, and adding the acronyms (ADC) and (DAC) to paragraph 3A001.a.5. Replacing ‘‘Analog-to-digital converters’’ with ‘‘ADCs’’ in 3A001.a.5.a and Note 2 of the technical note located after 3A001.a.5.b for consistency. Revising the output rate for Analog-toDigital Converters (ADCs) in 3A001.a.5.a.2, a.5.a.3, a.5.a.4, and a.5.a.5 from ‘‘200 million words per second’’ to ‘‘300 million words per second,’’ ‘‘105 million words per second’’ to ‘‘200 million words per second,’’ ‘‘10 million words per second’’ to ‘‘125 million words per second,’’ and ‘‘2.5 million words per second’’ to ‘‘20 million words per second,’’ respectively. These revisions are made because the speeds and capabilities of digital signal processing have advanced significantly since the last revision to these control parameters. The Technical Notes that appeared after paragraph 3A001.a.5.b are moved to after 3A001.a.5.a.5. In addition, this rule moves the last half of Technical Note 3 to Note 6 and moves Note 4 to Note 7, and adds new notes 4, 5, 8, and 9 to address aggregation of ADCs. Revising the parameters for Digital-toAnalog Converters (DAC) in 3A001.a.5.b to better describe the crucial benchmarks for evaluating DAC devices, as well as adding four new technical notes that include two new technical terms: ‘‘adjusted update rate’’ and ‘‘Spurious Free Dynamic Range’’ (SFDR). Revising the upper threshold of the frequency parameter from 6 GHz to 6.8 GHz for Microwave Monolithic Integrated Circuits (MMIC) power amplifiers in paragraphs 3A001.b.2.a and b.2.b, for discrete microwave transistors in paragraphs 3A001.b.3.a and b.3.b, for microwave solid state amplifiers and microwave assemblies/ modules containing microwave solid state amplifiers in paragraphs 3A001.b.4.a and b.4.b, and for the technology for the development or production of MMIC power amplifiers in paragraphs 5E001.d.1 and d.2, because the prevalent bands for commercial satellite communications are 5.7 GHz to 6.7 GHz. Adding a new parameter to paragraphs 3A001.b.2.d and b.2.f that reads ‘‘and with an average output power greater than 0.1 nW’’ for MMICs to narrow the scope of controls. Removing and reserving Note 1 to 3A001.b.2 relating to broadcast satellite E:\FR\FM\20MYR2.SGM 20MYR2 srobinson on DSK4SPTVN1PROD with RULES2 29612 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations equipment, because this entry controls components, not equipment. Adding the words ‘‘product group’’ to Note 3 to 3A001.b.2 to clarify the text. Adding a new parameter to paragraphs 3A001.b.3.e that reads ‘‘and with an average output power greater than 0.1 nW’’ for discrete microwave transistors to narrow the scope of this control. Adding a new parameter to paragraphs 3A001.b.4.c and b.4.e that reads ‘‘and with an average output power greater than 0.1 nW’’ for microwave solid state amplifiers and microwave assemblies/modules containing microwave solid state amplifiers to narrow the scope of controls for these items. Removing and reserving Note 1 after 3A001.b.4.f.3 concerning broadcast satellite equipment, because 3A001 does not control equipment but components, in this case Microwave or Millimeter Wave Components. In addition, Note 1 is not necessary, because MMICs specially designed for satellite broadcast equipment are not controlled by Category 3 pursuant to Note 1 at the beginning of Category 3. Removing the phrase ‘‘from one selected frequency to another’’ from 3A001.b.11 because it is redundant with the term ‘‘frequency switching.’’ ECCN 3A002 is amended by: Revising the parameters for radiofrequency signal analyzers in paragraphs 3A002.c to revise control thresholds to more accurately differentiate between commercial/ civilian applications and applications of strategic concern by changing the controls from frequency only to a combination of frequency and other parameters. This change includes the redesignation of 3A002.c.3 to c.4 and the addition of a new paragraph 3A002.c.3. Revising and rearranging the narrative in 3A002.c.1 to more clearly describe the radio-frequency signal analyzers. This rule introduces a new parameter, ‘‘Displayed Average Noise Level,’’ in 3A002.c.2. This control protects the applications (principally advanced radar) that are of national security concern. Specifically, this revision relaxes the controls in 3A002.c.2 by adding the additional control parameter, ‘‘Displayed Average Noise Level,’’ that applies to the current frequency parameter of between 43.5 and 70 GHz. Adding a new control in 3A002.c.3 for signal analyzers having a frequency exceeding 70 GHz. Revising the ‘‘real-time bandwidth’’ for ‘‘dynamic signal analyzers’’ from ‘‘500 kHz’’ to ‘‘40 MHz’’ in the newly designated paragraph 3A002.c.4 to VerDate Mar<15>2010 18:23 May 19, 2011 Jkt 223001 respond to emerging communications standards and available test equipment as ‘‘dynamic signal analyzers’’ approach 40 MHz in bandwidth.There is growing application of ‘‘dynamic signal analyzers’’ with ‘‘real-time bandwidth’’ above 40 MHz bandwidth in military applications. Replacing the reference in the Note following 3A002.c.4 from ‘‘3A002.c.3’’ to ‘‘3A002.c.4’’ to harmonize it with the addition of paragraph 3A002.c.3. Revising paragraphs 3A002.d.1, d.2 and the introductory text to d.4 relating to frequency synthesized signal generators to revise control thresholds to more accurately differentiate between purely civilian applications and those of strategic concern. These revisions are being implemented by changing the entry from one solely based on frequency to a combination of frequency and other parameters, such as output power. Revising 3A002.d.3.e and adding d.3.f to clarify the frequency switching controls by defining switching times and windows within the range 43.5–70 GHz. Revising the introductory text for 3A002.d.4 to add an upper limit to the frequency switching control of 70 GHz. Removing an ‘‘or’’ at the end of paragraph 3A002.d.3.d and adding it to the end of paragraph 3A002.d.3.e, because of the addition of new paragraph d.3.f. An ‘‘or’’ is added at the end of paragraph 3A002.d.4.b, because of the addition of new paragraph 3A002.d.5. These controls protect the applications (principally advanced radar) that are of national security concern. Finally, the umbrella control on signal generators ‘‘> 70 GHz’’ is moved to new paragraph 3A002.d.5. Specifically, this revision relaxes the frequency threshold from the current value of 43.5 GHz to 70 GHz by clarifying that other control parameters apply between 43.5 and 70 GHz. This approach addresses emerging civilian telecommunications standards in the 56–67 GHz band by defining performance parameters. ECCN 3A991 is amended by replacing the control level for Analog-to-Digital Converters (ADCs) in paragraph 3A991.c with the former control levels for ADCs in ECCN 3A001.a.5.a. Therefore, ADCs in 3A991.c.1 having a resolution of 8 bit or more, but less than 12 bit are amended by revising the output rate from ‘‘greater than 100 million words per second’’ to ‘‘greater than 200 million words per second.’’ ADCs in 3A991.c.2 having a resolution of 12 bit are amended by revising the output rate from ‘‘greater than 5 million words per second’’ to ‘‘greater than 105 million PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 words per second.’’ ADCs in 3A991.c.3 having a resolution of more than 12 bit but equal to or less than 14 bit are amended by revising the output rate from ‘‘greater than 500 thousand words per second’’ to ‘‘greater than 10 million words per second.’’ ADCs in 3A991.c.4 having a resolution of more than 14 bit are amended by revising the output rate from ‘‘greater than 500 thousand words per second’’ to ‘‘greater than 2.5 million words per second.’’ These changes are made because of the technological advances in the field of ADCs and because raising the control level for ADCs destined to anti-terrorism countries will not pose a national security threat to the United States. Pursuant to the EAR, those ADCs that are now classified as EAR99 still require a license for export to Cuba, North Korea, and Syria, because a license is required for export of all items subject to the EAR to these countries. EAR99 ADCs destined to Iran and Sudan may require a license pursuant to the EAR if destined to a restricted end-user or enduse. (See General Prohibitions 4 through 10 in Part 736 of the EAR.) Also note that the Treasury Department’s Office of Foreign Assets Control (OFAC) administers comprehensive trade embargoes against Iran and Sudan, and exports or reexports of EAR99 ADCs to those countries are subject to OFAC’s regulations. See 31 CFR part 538—the Sudanese Sanctions Regulations and 31 CFR part 560—the Iranian Transactions Regulations. ECCN 3B001 is amended by: Revising the critical dimension of semiconductor devices by plasma enhanced Chemical Vapor Deposition (CVD) equipment from ‘‘180 nm or less’’ to ‘‘65 nm or less’’ in paragraph 3B001.d.1 and d.2 to account for technical advances in the industry of semiconductor manufacturing. Capitalizing ‘‘Minimum Resolvable Feature’’ size and adding the acronym (MRF) in paragraph 3B001.f.1.b and in the technical note that follows. Revising the feature size from ‘‘180 nm’’ to ‘‘95 nm’’ for align and expose step and repeat (direct step on wafer) or step and scan (scanner) equipment in 3A001.f.1.b and for imprint lithography equipment in paragraph 3B001.f.2. Revising the K factor from ‘‘0.45’’ to ‘‘0.35’’ in the Technical Note following 3B001.f.1.b to align with advancing technology. ECCN 3C001 is amended by removing the text in the Related Definitions paragraph of the List of Items Controlled section and adding in its place ‘‘N/A’’ to correct the Related Definitions paragraph. E:\FR\FM\20MYR2.SGM 20MYR2 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations ECCN 3E001 is amended by revising the parameter in paragraph (a) of Note 2 from ‘‘of 0.5 μm or more; and’’ to ‘‘at or above 0.130 μm,’’ to accommodate advances in technology and increasing civil application of that technology. Replacing the current text in paragraph (b) of Note 2 ‘‘Not incorporating multi-layer structures’’ with ‘‘Incorporating multi-layer structures with three or fewer metal layers’’ to expand the exclusion note. In addition, this rule removes the technical note in Note 2 of 3E001 because the note is no longer necessary due to the revision to paragraph (b) of Note 2. srobinson on DSK4SPTVN1PROD with RULES2 Category 4—Computers ECCN 4A001 is amended by: Adding the phrase ‘‘or ‘‘civil aircraft’’’’ to the Note to 4A001.a.1, because some civil aircraft computers often reach the thresholds in 4A001. Revising the single event upset rate in 4A002.a.2.c from ‘‘1 × 10¥7’’ to ‘‘1 × 10¥8’’ because of advances in this technology. A Note is added to 4A001.a.2 to clarify that this provision does not apply to computers specially designed for ‘‘civil aircraft’’ applications to prevent this control from inadvertently capturing onboard civil aircraft computers. Category 5 Part I— Telecommunications Category 5 Part 1 is amended by adding a second Nota Bene (N.B.2.) after Note 1 at the beginning of the category to close a potential loophole in relation to items incorporating or using cryptography or other ‘‘information security’’ functionality, including encryption, ‘‘cryptanalysis’’ and ‘‘cryptographic activation.’’ Note 1 could be read to require that all telecommunications items should only be classified using Category 5 Part 1 even if they incorporate or use cryptography or other ‘‘information security’’ functionality, when, in fact, the control status of ‘‘information security’’ items is determined using Category 5 Part 2 . The second Nota Bene clarifies that any item that is designed for telecommunications and incorporates or uses cryptography should also be classified using Category 5 Part 2. ECCN 5A001 is amended by: Replacing the text in paragraph 5A001.c with the text in paragraph 5A001.c.1 ‘‘Optical fiber communication cables, optical fibers and accessories, as follows:’’. Also, adding an ‘‘and’’ between ‘‘length’’ and ‘‘specified’’ in the new 5A001.c (former 5A001.c.1). The Nota Bene (N.B. 1) that reads ‘‘For VerDate Mar<15>2010 18:23 May 19, 2011 Jkt 223001 underwater umbilical cables, and connectors thereof, see 8A002.a.3.’’ is moved from 5A001.c.2 to after 5A001.c, revised by removing the phrase ‘‘, and connectors thereof’’ and relabeled from ‘‘N.B. 1’’ to ‘‘N.B.’’ 5A001.c.2, the exclusion Note and Nota Bene 2 that follows it are deleted, because they no longer serve a purpose. Replacing ‘‘electronic’’ with ‘‘radio frequency (RF) transmitting’’ and replacing ‘‘Radio Controlled Improvised Explosive Devices (RCIED)’’ with ‘‘Improvised Explosive Devices (IEDs)’’ in paragraph 5A001.h to clarify the text. Also, adding a new reference to ECCN 5A001.f in the Nota Bene of 5A001.h to reference 5A001.f and Category XI of the ITAR where radio transmission equipment is controlled. In addition, 5A001.h is moved from NS Column 2 controls to NS Column 1 controls because Radio Frequency (RF) transmitting equipment designed or modified for prematurely activating or preventing the initiation of Improvised Explosive Devices (IEDs) are now listed on the Wassenaar Arrangement’s Very Sensitive List. License Exceptions LVS, GBS, and CIV are no longer available, for 5A001.h items because they have been added to the Wassenaar Arrangement’s Very Sensitive List. ECCN 5D001 is amended by: Revising the License Exceptions section by removing License Exception CIV eligibility for ‘‘software’’ controlled by 5D001.a and specially designed for the ‘‘development’’ or ‘‘production’’ of items controlled by 5A001.h; and removing License Exception TSR eligibility for exports and reexports to destinations outside of Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or the United Kingdom of ‘‘software’’ controlled by 5D001.a and specially designed for the ‘‘development’’ or ‘‘production’’ of items controlled by 5A001.h. ‘‘Software’’ controlled by 5D001.a and specially designed for the ‘‘development’’ or ‘‘production’’ of items controlled by 5A001.h are on the Wassenaar Arrangement’s Very Sensitive List. ECCN 5E001 is amended by: Removing License Exception TSR eligibility for exports or reexports to destinations outside of Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or the United Kingdom of ‘‘technology’’ controlled by 5E001.a for the ‘‘development’’ or ‘‘production’’ of items controlled by 5A001.h; or‘‘software’’ controlled by 5D001.a that is specially designed for PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 29613 the ‘‘development’’ or ‘‘production’’ of equipment, functions or features controlled by 5A001.h. Adding a new Note for 5E001.b.4 to exclude ‘‘technology’’ for the ‘‘development’’ of civil cellular radiocommunications systems from control under 5E001, because this technology is commercial and does not warrant national security controls. Raising the frequency parameter from 6.0 GHz to 6.8 GHz for technology for the ‘‘development’’ and ‘‘production’’ of Microwave Monolithic Integrated Circuit (MMIC) power amplifiers specially designed for telecommunications in 5E001.d.1 and d.2, because a primary segment of the high power amplifier market is for commercial satellite communications (TV and Internet traffic) and meteorological radar within the standard ITU bands. The prevalent bands for commercial satellite communications are 5.7GHz to 6.7 GHz and 13.75GHz to 14.5GHz. Category 5 Part II—‘‘Information Security’’ ECCN 5A002 is amended by: Revising the EI paragraph in the License Requirements section to add paragraph 5A002.b. Revising Note 1 in the Related Controls paragraph of the List of Items Controlled section to add paragraph (j) to the first sentence, as paragraph (j) has been added to the decontrol Note of ECCN 5A002. Replacing a period with a semicolon in paragraph (a)(2) of the Note at the beginning of the Items paragraph of the List of Items Controlled section to correct the punctuation. Removing ‘‘or’’ from paragraph .g and removing the period at the end of paragraph .i and adding in its place ‘‘; or’’ in the Note at the beginning of the Items paragraph of the List of Items Controlled section. Adding a new paragraph .j to the decontrol notes in ECCN 5A002 for equipment where the encryption cannot be used or can only be made useable by means of ‘‘cryptographic activation,’’ as specified, as well as adding a new Nota Bene (N.B.) to reference 5A002.a for equipment that has undergone ‘‘cryptographic activation.’’ This new note is added to clarify the treatment of equipment with dormant cryptography. Adding a new control paragraph 5A002.b to control systems, equipment, application specific electronic assemblies, modules and integrated circuits, designed or modified to enable an item to achieve or exceed the controlled performance levels for functionality specified by 5A002.a that E:\FR\FM\20MYR2.SGM 20MYR2 srobinson on DSK4SPTVN1PROD with RULES2 29614 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations would not otherwise be enabled. This addition is made to address the issue of mechanisms that are used to upgrade the cryptographic functionality of equipment to performance levels specified by 5A002.a, when the equipment would not be controlled under 5A002.a (i.e., would not perform controlled cryptographic functions) without these upgrades. These changes are intended to clarify existing policy regarding the treatment of products with dormant cryptography. They are not a new control on these products. ECCN 5D002 is amended by: Revising the EI control paragraph by removing the phrase ‘‘5D002.a or c.1’’ and adding in its place ‘‘5D002.a,.c.1, or .d’’ in the License Requirements section. Adding a new paragraph 5D002.d to control ‘‘software’’ designed or modified to enable an item to achieve or exceed the controlled performance levels for functionality specified by 5A002.a that would not otherwise be enabled. This addition is made to address the issue of mechanisms that are used to upgrade the cryptographic functionality of equipment or ‘‘software’’ to performance levels specified by 5A002.a (note: 5D002 ‘‘software’’ is classified according to performance levels specified by 5A002), when the equipment or ‘‘software’’ would not be controlled under 5A002.a or 5D002 (i.e., would not perform controlled cryptographic functions) without these upgrades. ECCN 5E002 is amended by: Moving the text of the Heading to 5E002.a and adding in its place ‘‘Technology’’ as follows:’’ Revising the EI control paragraph in the License Requirement section by removing the phrase ‘‘ECCNs 5A002 or 5D002.a or 5D002.c’’ and adding in its place ‘‘ECCNs 5A002 or 5D002’’ to succinctly indicate what is EI controlled under ECCN 5E002. Removing the text following the Items paragraph, which states ‘‘The list of items controlled is contained in the ECCN heading’’ and adding in its place a control paragraph 5E002.a to control ‘‘technology’’ according to the General Technology Note for the ‘‘development,’’ ‘‘production’’ or ‘‘use’’ of equipment specified by 5A002 or 5B002 or ‘‘software’’ specified by 5D002.a or 5D002.c. Prior to the addition of a new ‘‘technology’’ control paragraph to address the issue of ‘‘cryptographic activation,’’ ECCN 5E002 did not have any specified control paragraphs. The 5E002 Heading text in place prior to this rule is now the text of the new paragraph 5E002.a. Adding a control paragraph 5E002.b to control ‘‘technology’’ to enable an VerDate Mar<15>2010 18:23 May 19, 2011 Jkt 223001 item to achieve or exceed the controlled performance levels for functionality specified by 5A002.a that would not otherwise be enabled. This addition is made to address the issue of mechanisms that are used to upgrade the cryptographic functionality of equipment or ‘‘software’’ to performance levels specified by 5A002.a, when the equipment or ‘‘software’’ would not be controlled under 5A002.a or 5D002 (i.e., would not perform controlled cryptographic functions) without these upgrades. Category 6—Sensors and Lasers ECCN 6A001 is amended by: Removing 6A001.c from License Exceptions LVS, GBS and CIV eligibility in the License Exceptions section, because this paragraph is moved to ECCN 8A002.r. Adding a new control for acoustic seabed survey equipment in 6A001.a.1.a because of the usefulness of this equipment in military reconnaissance, including subparagraphs 6A001.a.1.a.1 (surface vessel survey equipment), a.1.a.2 (underwater survey equipment designed for seabed topographic mapping), and a.1.a.3 (Side Scan Sonar (SSS) or Synthetic Aperture Sonar (SAS), designed for seabed imaging). Removing the parenthetical phrase in 6A001.a.2 that read ‘‘receiving, whether or not related in normal application to separate active equipment’’ because it is guidance about the control that belongs in a Note. A new Note is added to 6A001.a.2 to provide this guidance about the control. Moving ECCN 6A001.c (diver deterrent acoustic systems) to ECCN 8A002.r, because the specified diver deterrent systems have no capability to detect divers and are only used to deter divers. This rule designates 6A001.c as reserved. New Nota Bene (N.B.) is added to reference 8A002.r for controls on diver deterrent acoustic systems. ECCN 6A002 is amended by adding a Note to 6A002.d.3 to exclude encapsulated optical sensing fibers specially designed for bore hole sensing applications, because these fibers have limited use outside of the intended application. ECCN 6A003 is amended by correcting the abbreviation for Instantaneous Field of View (IFOV) in two places where it is listed as FOV in the technical note following paragraph (b)(4)(b) of Note 3 to 6A003.b.4.b. ECCN 6A005 is revised by: Adding a new Note to 6A005.c.1 to exclude dye lasers or other liquid lasers with specified parameters to correct the PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 roll-back on controls resulting from the WA 2005 agreements. Replacing a period with a semicolon in 6A005.f.4, because a new paragraph follows. Adding a new paragraph 6A005.g to control laser acoustic detection equipment, and includes a technical note that reads ‘‘laser acoustic detection equipment is sometimes referred to as a laser microphone or particle flow detection microphone.’’ This equipment can be used as a surreptitious listening device over very long distances. ECCN 6A006 is amended by: Adding 6A006.e to the list of items excluded from License Exception LVS eligibility, because it has been added to the Wassenaar Arrangement’s Sensitive List. Removing ‘‘and’’ from 6A006.c.3 and replacing a period with a semicolon in 6A006.d, because this rule adds a new paragraph. Adding a new paragraph 6A006.e to control specified Underwater ElectroMagnetic Receivers (UEMR). The UEMR can be used in civil applications, such as oil and gas exploration, as well as for military purposes such as mine/ vessel detection and alerting. ECCN 6A008 is amended by: Removing 6A008.l.3 from the License Exception LVS eligibility paragraph, because this rule removes and reserves this paragraph. Adding an ‘‘or’’ to the end of 6A008.l.1 to harmonize it with changes in this ECCN; Removing and reserving 6A008.l.2 and l.3, because these parameters for radar data processing sub-systems are no longer key or major criteria to determining whether these commodities are usable for military applications; Revising 6A008.l.4 by adding the phrase ‘‘Configured to provide’’ at the beginning, replacing the phrase ‘‘in real time’’ with ‘‘within six seconds,’’ and adding the phrase ‘‘specified by 6A008.f, or 6A008.i.’’ to clarify the control parameter; and Adding a Nota Bene to reference a related control in the U.S. Munitions List (22 CFR part 121). ECCN 6D001 is amended by adding 6A004.c and d, and 6A008.d, h, and k to paragraph 3 of the License Exception TSR paragraph, because these ECCN subparagraphs are listed on the Wassenaar Arrangement’s Sensitive List. ECCN 6D003 is amended by: Adding two new paragraphs 6D003.f.3 and f.4 to control ‘‘software’’ and ‘‘source code,’’ specially designed for ‘‘real time processing’’ of electromagnetic data using underwater electromagnetic receivers specified by 6A006.e, because this source code and software is E:\FR\FM\20MYR2.SGM 20MYR2 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations essential for the use of Underwater ElectroMagnetic Receivers (UEMR). Adding the phrase ‘‘designed to be’’ between ‘‘programs’’ and ‘‘hosted’’ in paragraph 6D003.h.1 to clarify that software to be exported is controlled not only when it has been loaded onto a general purpose computer, but also prior to loading onto such a computer. ECCN 6E001 is amended by: Revising the Heading by removing the reference to 6A018 (because ECCN 6A018 was removed from the CCL on July 30, 2004 (69 FR 46086)) and adding a missing closing parenthetical to the end of the Heading; and Revising paragraph 4 of License Exception TSR by replacing 6A001.a.1.b.1 with 6A001.a.1.b, and adding 6A001.a.1.e, a.2.d; 6A002.a.1.a, a.1.b, a.2.a, a.2.b, a.3, b, and c; 6A003.b.3, b.4; 6A004.c and d; 6A005.a.1; 6A006.a.2, c.1, d, e, g, and h; 6A008.d, h, and k. These revisions are made to conform to the Wassenaar Arrangement’s Sensitive List. ECCN 6E002 is amended by: Revising the Heading by removing the reference to 6A018 (because ECCN 6A018 was removed from the CCL on July 30, 2004 (69 FR 46086)). Revising paragraph 3 of License Exception TSR by replacing the word ‘‘development’’ with ‘‘production’’ to correct this paragraph, replace 6A001.a.1.b.1 with 6A001.a.1.b, moving 6A001.a.2.c to paragraph (b) of this paragraph, adding 6A002.a.3, 6A002.b, 6A002.c, 6A003.b.3, 6A003.b.4, 6A004.c, 6A004.d, 6A005.a.1, 6A006.a.2, 6A006.c.1, 6A006.d, 6A006.e, 6A006.g, 6A006.h, 6A008.d, 6A008.h, 6A008.k, 6A008.l.3, 6B008, replacing 6A001.a.2.e with 6A001.a.2.c in paragraph (b) of this paragraph, and removing paragraph (c) of this paragraph 3. These revisions are made to conform to the Wassenaar Arrangement’s Sensitive List. ECCN 6E003 is amended by adding the phrase ‘‘an ‘optical thickness’’’ between ‘‘achieve’’ and ‘‘uniformity’’ in paragraph 6E003.d.1 to add clarity to the parameter, as well as adding a technical note to this paragraph to define ‘optical thickness.’ srobinson on DSK4SPTVN1PROD with RULES2 Category 7—Navigation and Avionics ECCN 7A001 is amended by: Adding the phrase ‘‘but less than or equal to 100 g’’ after ‘‘15g’’ in 7A001.a.2 for linear accelerometers, to prevent an overlap of control between 7A001 and 7A002. Adding a note for 7A001.a.1 and a.2 to exclude accelerometers limited to measuring only vibration or shock. ECCN 7A002 is amended by: VerDate Mar<15>2010 18:23 May 19, 2011 Jkt 223001 Adding new parameters to control gyros or angular rate sensors in 7A002.a and .b to address an overlap of controls between 7A001 and 7A002. Adding a new Note for 7A002.a.2.b to exclude ‘spinning mass gyros’ from 7A002 controls. ECCN 7A003 is amended by removing the phrase ‘‘and specially designed components therefor’’ from 7A003.d, because this phrase is redundant. The specially designed components of concern are the accelerometers and gyros that are already controlled in the text of 7A003.d. ECCN 7E004 is amended by: Removing the phrase ‘‘Raster-type head-up displays or’’ from 7E004.a.3, because cathode ray tube and related raster scanning technology is outdated and no longer represents the standard for display technology. Removing and reserving specified inertial navigation systems or gyro-astro compasses in 7E004.a.4, because this technology is covered by ECCNs 7E001 and 7E002. Category 8—Marine ECCN 8A001 is amended by: Removing the word ‘‘Fiber’’ from paragraph 8A001.d.3 and replacing ‘‘optic’’ with ‘‘optical,’’ because this paragraph addresses parameters for untethered submersible vehicles, which, by definition, are not tethered by fiber. ECCN 8A002 is amended by: Adding paragraph 8A002.r to License Exceptions GBS and CIV, because this paragraph was moved from 6A001.c, which was eligible for these license exceptions. Cascading the parameters in paragraph 8A002.i.l to make clear that remotely controlled articulated manipulators specially designed for use with submersibles vehicles are controlled when the system that controls the manipulators uses either measured or detected information from tactile sensors. Adding single quotes around the term ‘active noise reduction or cancellation systems’ in paragraph 8A002.o.3.b and moving some of the text of 8A002.o.3.b into a new technical note that defines ‘active noise reduction or cancellation systems’ to move definitional text out of the parameter paragraph. Cascading the text in 8A002.p to make it clear that both the ‘‘power output’’ and ‘‘using divergent nozzle and flow conditioning vane techniques’’ parameters apply to pumpjet propulsion systems. Cascading the parameters in 8A002.q to make it clear that closed circuit rebreathers and semi-closed circuit rebreathers are types of underwater PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 29615 swimming and diving equipment that are controlled by this paragraph. Replacing the word ‘‘apparatus’’ with ‘‘rebreathers,’’ in 8A002.q.1 and q.2, and replacing the phrase ‘‘its user’’ with ‘‘their users’’ to clarify the Note to 8A002.q. Adding a new paragraph 8A002.r, which has been moved from 6A001.c, because the specified diver deterrent systems have no capability to detect divers and are only used to deter divers. This rule also adds related notes describing the scope of 8A002.r to help readers understand the scope of the control better. Category 9—Aerospace and Propulsion ECCN 9A001 is amended by adding a reference to 9E003.i in 9A001.a as a new parameter for control of aero gas turbine engines. ECCN 9A003 is amended by replacing the phrase ‘‘having any of the following’’ with ‘‘any of the following’’ in the Header because the Items paragraphs do not list characteristics of engine propulsion systems. In addition, this rule adds 9E003.i (‘‘technology’’ for adjustable flow path systems designed to maintain engine stability for gas generator turbines, fan or power turbines, or propelling nozzles) to the heading of 9A003. ECCN 9A991 is amended by adding double quotes around the term ‘‘civil aircraft’’ in paragraph 9A991.b in the Items paragraph of the List of Items Controlled, because this is a defined term in Part 772. ECCN 9B001 is amended by adding double quotes around the term ‘‘tip shroud’’, because this rule adds a definition to Part 772 of the EAR. ECCN 9B002 is amended by moving and cascading the text that appeared in the Heading to the Items paragraph of the List of Items Controlled section to improve clarity of the control. In addition, this rule replaces the reference to ‘‘9E003.a. or 9E003.h’’ with ‘‘9E003.h and 9E003.i’’ in the new paragraph 9B002.b, to harmonize it with the movement of ‘‘technology’’ for adjustable flow path systems designed to maintain engine stability for gas generator turbines, fan or power turbines, or propelling nozzles from 9E003.a.10 to 9E003.i. ECCN 9B008 is amended by revising the Heading for clarity of the control scope of the entry. ECCN 9D003 is amended by: Replacing the phrase ‘‘specially designed or modified for the ‘‘use’’ of ‘‘Full Authority Digital Electronic Engine Controls Systems’’’’ with ‘‘incorporating ‘‘technology’’ specified by E:\FR\FM\20MYR2.SGM 20MYR2 srobinson on DSK4SPTVN1PROD with RULES2 29616 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations 9E003.h and used in’’ to use less words to refer to the same parameters. Removing the phrase ‘‘as follows (see List of Items Controlled)’’ to harmonize with the revisions described in this entry. Removing paragraphs 9D003.a and .b, and adding in their place the sentence, ‘‘The list of items controlled is contained in the ECCN heading.’’ ECCN 9D004 is amended by adding double quotes around the newly defined term ‘‘tip shrouds’’ in paragraph 9D004.f. ECCN 9E001 is corrected by adding back the MT and AT paragraphs of the License Requirement section that was inadvertently removed on January 2, 2008 (73 FR 32, 38). ECCN 9E003 is amended by: Revising the SI control paragraph in the License Requirements section to add paragraph .j, which was previously listed as .i but is redesignated as .j by this rule to the existing list. The SI control paragraph now includes a.8, .h, .i, and .j. Adding double quotes around the newly defined term ‘‘tip shrouds’’ in paragraph 9E003.a.1, a.4, and a.5. Replacing the word ‘‘rotating’’ with ‘‘rotor’’ in 9E003.a.8, because this is a more precise description of the component to be controlled. Adding a Technical Note to define ‘‘damage tolerant’’ after 9E003.a.8 to add clarity to the control and adding single quotes around ‘damage tolerant’ to identify that this term is defined in 9E003. Adding ‘‘or’’ to the end of the text for a.8, because a.8 is the last paragraph of substance before a.11, which is the last paragraph of 9E003.a. Removing and reserving paragraph .a.10 and the related notes and adding a new Note Bene stating ‘‘For adjustable flow path geometry, see 9E003.i.’’ Redesignating paragraph .i as paragraph .j in the Items paragraph of the List of Items Controlled section, in order to move technology for ‘‘adjustable flow path geometry and associated control systems’’ from 9E003.a.10 to the new 9E003.i. This paragraph was moved to move it out from under the stipulation in 9E003.a that this particular technology must be ‘‘required’’ for the ‘‘development’’ or ‘‘production’’ of any of the following gas turbine engine components or systems. Instead the new more precise control is for specifically listed ‘‘technology’’ for adjustable flow path systems designed to maintain engine stability for gas generator turbines, fan or power turbines, or propelling nozzles. § 734.4 De minimis U.S. Content Section 734.4 is amended by removing the phrase ‘‘9E003.a.1 through VerDate Mar<15>2010 18:23 May 19, 2011 Jkt 223001 a.8, a.10, h and i.’’ and adding in its place ‘‘9E003.a.1 through a.8, .h,.i and .j.’’ in paragraph (a)(4) ‘‘Items for which there is no de minimis level.’’ This change is made to harmonize with revisions to paragraphs ECCN 9E003.i and .jin this rule. Section 734.4 is amended by removing the phrase ‘‘5A002.a.1, .a.2, .a.5, or .a.6, .a.9, or 5D002,’’ and adding in its place ‘‘5A002.a.1, .a.2, .a.5, .a.6, .a.9, .b, or 5D002,’’ in the introductory text of paragraph (b)(1), because 5A002.b is a newly added EI controlled paragraph. License Exception GOV 740.11— Supplement No. 1 to section 740.11 As a matter of policy BIS does not allow the use of License Exception GOV for the export of items listed on the WA Very Sensitive List. As a result of WA agreements adding ECCN 5A001.h (and corresponding technology and software) to its Very Sensitive List, this rule makes corresponding changes to Supplement No. 1 to section 740.11. § 740.17 License Exception ENC Section 740.17 is amended by removing the phrase ‘‘5A002.a.1, .a.2, .a.5, .a.6, or .a.9’’ and adding in its place ‘‘5A002.a.1, .a.2, .a.5, .a.6, .a.9, or .b’’ in the introductory paragraph and paragraphs (a)(1)(i), (a)(2), and (b)(1). This is a consequential change because of the newly added paragraph 5A002.b, which is EI controlled. (The newly added paragraph 5D002.d, which is EI controlled, is already covered by the existing reference to ECCN 5D002 in these section 740.17 paragraphs. So, while 5D002.d is a new CCL entry, its addition does not require any conforming edits in these particular paragraphs.) § 742.14 Significant Items: Hot Section Technology for the Development, Production or Overhaul of Commercial Aircraft Engines, Components, and Systems This rule harmonizes the list of paragraphs under ECCN 9E003 that are controlled for SI reasons with the list in section 742.14. The paragraphs of ECCN 9E003 that are controlled for SI reasons are 9E003.a.1 through a.8, .h, .i, and .j. § 742.15 Encryption Items Section 742.15 is amended by removing the phrase ‘‘5A002.a.1, a.2, a.5, a.6 and a.9; 5D002.a or c.1 for equipment controlled for EI reasons in ECCN 5A002;’’ and adding in its place ‘‘5A002.a.1, .a.2, .a.5, .a.6, .a.9, and .b; 5D002.a, .c.1 or .d for equipment and ‘‘software’’ controlled for EI reasons in ECCNs 5A002 or 5D002;’’ in paragraph PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 (a)(1). This is a consequential change because of the newly added paragraphs 5A002.b and 5D002.d, which are EI controlled. This change also clarifies that ‘‘EI’’ controls apply to ‘‘software’’ items as specified by the designated ECCN 5D002 paragraphs, regardless of whether the ‘‘software’’ is bundled, commingled or otherwise used with ECCN 5A002 equipment. § 743.1 Wassenaar Arrangement WA has three levels of control of goods: Basic List (BL), Sensitive List (SL), and Very Sensitive List (VSL). As a matter of policy, BIS makes certain items on the WA BL and SL eligible for license exceptions. Because of the U.S. obligations under its agreements to the WA, the U.S. must report on SL items exported outside of the WA membership countries. BIS does this by gathering data from its licensing database. To collect data on exports made under license exceptions, BIS requires WA reporting on SL items exported (excluding deemed exports) under License Exceptions GBS, CIV, TSR, LVS, APP and portions of GOV. As a result of WA making changes to its SL, this rule makes corresponding changes to the reporting requirements of section 743.1 of the EAR. This rule revises the Note to paragraph (c)(1)(ii) of Section 743.1 by adding WA reporting requirements for 2D001 software other than that controlled by 2D002, specially designed for the development or production of deep-hole-drilling machines controlled by 2B001.f, or ‘‘numerically controlled’’ or manual machine tools controlled by 2B003. In addition, this rule revises the Note to paragraph (c)(1)(ii) of Section 743.1 by adding WA reporting requirements for 2E001 and 2E002 technology consistent with the General Technology Note for development and production of deep-hole-drilling machines controlled by 2B001.f, or ‘‘numerically controlled’’ or manual machine tools controlled by 2B003. This rule also changes the formatting of the information in this Note by putting it in outline format for easier readability. This rule also revises reporting requirements in Section 743.1(c)(1)(v) to add 5A001.h in three places and to add 5A001.b.5 in two places for consistency. This rule also revises reporting requirements in Section 743.1(c)(1)(vi) to remove 6A002.a.1.a, a.1.b, a.2.a, a.3, c, and e; 6A003.b.3 and b.4, ; and 6A006.a.1, a.2, and d, because the subparagraphs of these ECCNs are not eligible for list based license exceptions and are therefore not subject to WA reporting requirements under the EAR. In addition, this rule removes 6D001, E:\FR\FM\20MYR2.SGM 20MYR2 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations 6D003.a, 6E001 and 6E002, because the only list based license exception this software and technology are eligible for is License Exception TSR, and only within countries that are WA member countries. This rule also revises reporting requirements in Section 743.1(c)(1)(viii) to add the phrase ‘‘as well as 8A001.b, c, and d’’ to ECCNs 8D001 and 8E001, to indicate that the reporting requirements of 743.1(c)(1) apply to exports of 8D001 software for the development, production or use of commodities controlled by 8A001.b, c, and d and 8E001 technology for the development or production of commodities controlled by 8A001.b, c, and d. srobinson on DSK4SPTVN1PROD with RULES2 § 772.1 Definitions of Terms as Used in the Export Administration Regulations (EAR) As a result of the decisions reached at the 2010 WA Plenary, this rule amends section 772.1 to add categories 4 and 9 as references in the definition of ‘‘civil aircraft’’ to identify other categories that use this definition. This rule also adds definitions for ‘‘cryptographic activation,’’ ‘‘radiant sensitivity,’’ and ‘‘tip shroud,’’ and amends the existing definition for ‘‘information security’’ to include ‘‘cryptographic activation.’’ This rule also amends the definition of ‘‘frequency switching time’’ to add a more practical and meaningful definition for the term. The change from an absolute frequency to a percentage of the final maximum specified frequency will make actual frequency measurements possible and reasonable, thus removing ambiguity of interpretation. Additionally, this rule corrects the structure of the definition of ‘‘frequency switching time’’ by replacing an absolute value with a relative value. Also, the phrase ‘‘or signal generator’’ is removed from the definition of ‘‘frequency synthesizer,’’ because a signal generator is a subset of a frequency source. Finally, the definition of ‘‘object code’’ is amended by replacing the term ‘‘converted’’ with ‘‘compiled’’ to use a more precise and commonly used word to describe what it is that is done to source code in order to obtain object code. Supplement No. 3 to Part 774 This rule adds a Statement of Understanding related to Used Goods at the end of Supplement No. 3 to Part 774, which states, ‘‘The specifications in the Commerce Control List apply equally to new or used goods. In the case of used goods, an evaluation by the Bureau of Industry and Security may be carried out in order to assess whether VerDate Mar<15>2010 18:23 May 19, 2011 Jkt 223001 the goods are capable of meeting the relevant specifications.’’ This statement was added because the regulated public often asks the question as to whether the controls apply to used or older equipment. The statement clearly states that the controls apply to new and used equipment equally, but that if you believe the equipment cannot perform to the stated control parameters because of its current age and condition that you may submit a classification request to BIS and BIS will evaluate the current state of the equipment against the control parameters and make a classification determination. Export Administration Act Since August 21, 2001, the Export Administration Act of 1979, as amended, has been in lapse. However, the President, through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has been extended by successive Presidential Notices, the most recent being that of August 12, 2010, 75 FR 50681 (August 16, 2010) has continued the EAR in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). 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 May 20, 2011, 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 July 19, 2011. Any such items not actually exported before midnight, on July 19, 2011, require a license in accordance with this regulation. Rulemaking Requirements 1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been designated a ‘‘significant regulatory action’’ although not economically significant, under section PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 29617 3(f) of Executive Order 12866. Accordingly, the rule has been reviewed by the Office of Management and Budget. 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 JasmeetSeehra, OMB Desk Officer, by email at Jasmeet_K._Seehra@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)). Immediate implementation of these amendments fulfills the United States’ international obligation to the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies. The Wassenaar Arrangement contributes to international security and regional stability by promoting greater responsibility in transfers of conventional arms and dual use goods and technologies, thus preventing E:\FR\FM\20MYR2.SGM 20MYR2 29618 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations destabilizing accumulations of such items. The Wassenaar Arrangement consists of 40 member countries that act on a consensus basis and the changes set forth in this rule implement agreements reached at the December 2010 plenary session of the WA. Since the United States is a significant exporter of the items in this rule, implementation of this provision is necessary for the WA to achieve its purpose. Any delay in implementation will create a disruption in the movement of affected items globally because of disharmony between export control measures implemented by WA members, resulting in tension between member countries. Export controls work best when all countries implement the same export controls in a timely manner. If this rulemaking was delayed to allow for notice and comment, it would prevent the United States from fulfilling its commitment to the WA in a timely manner and would injure the credibility of the United States in this and other multilateral regimes. Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this final rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under the Administrative Procedure Act or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore, this regulation is issued in final form. Although there is no formal comment period, public comments on this regulation are welcome on a continuing basis. Comments should be submitted to Sharron Cook, Office of Exporter Services, Bureau of Industry and Security, Department of Commerce, 14th and Pennsylvania Ave., NW., Room 2099, Washington, DC 20230. 15 CFR Part 772 Exports. 15 CFR Part 774 Exports, Reporting and recordkeeping requirements. Accordingly, parts 734, 740, 742, 743, 772 and 774 of the Export Administration Regulations (15 CFR parts 730–774) are amended as follows: PART 734—[AMENDED] 1. The authority citation for Part 734 continues to read as follows: ■ Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 12, 2010, 75 FR 50681 (August 16, 2010); Notice of November 4, 2010, 75 FR 68673 (November 8, 2010). § 734.4 [Amended] 2. Section 734.4 is amended by: a. Removing the phrase ‘‘9E003.a.1 through a.8, a.10, h and i.’’and adding in its place ‘‘9E003.a.1 through a.8,.h, .i., and .j.’’ in paragraph (a)(4); and ■ b. Removing the phrase ‘‘5A002.a.1, .a.2, .a.5, or .a.6, .a.9, or 5D002,’’ and adding in its place ‘‘5A002.a.1, .a.2, .a.5, .a.6, .a.9, .b, or 5D002,’’ in the introductory text of paragraph (b)(1). ■ ■ PART 740—[AMENDED] 3. The authority citation for Part 740 continues to read as follows: ■ Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 12, 2010, 75 FR 50681 (August 16, 2010). 15 CFR Part 734 Administrative practice and procedure, Exports, Inventions and patents, Research Science and technology. 4. Supplement No. 1 to section 740.11 is amended by: ■ a. Revising the introductory text to paragraph (a)(1); ■ b. Revising paragraphs (a)(1)(vi)(B) and (a)(1)(vii)(C); ■ c. Revising the introductory text to paragraph (b)(1); and ■ d. Revising paragraphs (b)(1)(vi)(B) and (b)(1)(vii)(C), to read as follows: 15 CFR Part 740 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. § 740.11 Governments, international organizations, international inspections under the Chemical Weapons Convention, and International Space Station (GOV). srobinson on DSK4SPTVN1PROD with RULES2 List of Subjects * 15 CFR Part 742 Exports, Terrorism. 15 CFR Part 743 Administrative practice and procedure, Reporting and recordkeeping requirements. VerDate Mar<15>2010 18:23 May 19, 2011 Jkt 223001 ■ * * * * SUPPLEMENT NO. 1 TO § 740.11— ADDITIONAL RESTRICTIONS ON USE OF LICENSE EXCEPTION GOV. (a) * * * (1) Items identified on the Commerce Control List as controlled for national PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 security (NS) reasons under Export Control Classification Numbers (ECCNs) as follows for export or reexport to destinations other than Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or the United Kingdom: 1C001, 5A001.b.5, 5A001.h, 6A001.a.1.b.1 object detection and location systems, having a sound pressure level exceeding 210 dB (reference 1 μPa at 1 m) and an operating frequency in the band from 30 Hz to 2 kHz inclusive, 6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.3, 6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b, 6A001.a.2.e, 6A002.a.1.c, 6A008.l.3, 6B008, 8A001.b, 8A001.d, 8A002.o.3.b; and * * * * * (vi) * * * (B) Controlled by 5D001.a, specially designed for the ‘‘development’’ or ‘‘production’’ of equipment, functions or features controlled by 5A001.b.5 and 5A001.h; and * * * * * (vii) * * * (C) Controlled by 5E001.a for the ‘‘development’’ or ‘‘production’’ of digitally controlled radio receivers controlled by 5A001.b.5 and radio frequency (RF) transmitting equipment controlled by 5A001.h; or 5D001.a for ‘‘software’’ specially designed for the ‘‘development’’ or ‘‘production’’ of digitally controlled radio receivers controlled by 5A001.b.5 and radio frequency (RF) transmitting equipment controlled by 5A001.h; and * * * * * (b) * * * (1) Items identified on the Commerce Control List as controlled for national security (NS) reasons under Export Control Classification Numbers (ECCNs) as follows for export or reexport to destinations other than Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or the United Kingdom: 1C001, 5A001.b.5, 5A001.h, 6A001.a.1.b.1 object detection and location systems having a sound pressure level exceeding 210 dB (reference 1 μPa at 1 m) for equipment with an operating frequency in the band from 30 Hz to 2 kHz inclusive, 6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.3, 6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b, 6A001.a.2.e, 6A002.a.1.c, 6A008.l.3, 6B008, 8A001.b, 8A001.d, 8A002.o.3.b; and * * * * * (vi) * * * E:\FR\FM\20MYR2.SGM 20MYR2 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations (B) Controlled by 5D001.a, specially designed for the ‘‘development’’ or ‘‘production’’ of equipment, functions or features controlled by 5A001.b.5 and 5A001.h; and * * * * * (vii) * * * (C) Controlled by 5E001.a for the ‘‘development’’ or ‘‘production’’ of digitally controlled radio receivers controlled by 5A001.b.5 and radio frequency (RF) transmitting equipment controlled by 5A001.h; or 5D001.a for ‘‘software’’ specially designed for the ‘‘development’’ or ‘‘production’’ of digitally controlled radio receivers controlled by 5A001.b.5 and radio frequency (RF) transmitting equipment controlled by 5A001.h; and * * * * * Act of 1979, as amended, foreign policy controls apply to technology required for the development, production or overhaul of commercial aircraft engines controlled by ECCN 9E003a.1 through a.8, .h,.i, and .j, and related controls. These controls supplement the national security controls that apply to these items. Applications for export and reexport to all destinations will be reviewed on a case-by-case basis to determine whether the export or reexport is consistent with U.S. national security and foreign policy interests. The following factors are among those that will be considered to determine what action will be taken on license applications: * * * * * § 740.17 ■ [Amended] 5. Section 740.17 is amended by removing the phrase ‘‘5A002.a.1, .a.2, .a.5, .a.6, or .a.9’’ and adding in its place ‘‘5A002.a.1, .a.2, .a.5, .a.6, .a.9, or .b’’ in the introductory paragraph and paragraphs (a)(1)(i), (a)(2), and (b)(1). ■ PART 742—[AMENDED] 6. The authority citation for Part 742 continues to read as follows: ■ 7. Section 742.14 is amended by revising paragraph (a) and the introductory text to paragraph (b) to read as follows: ■ srobinson on DSK4SPTVN1PROD with RULES2 Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 12, 2010, 75 FR 50681 (August 16, 2010). 10. Section 743.1 is amended by: a. Revising the note to paragraph (c)(1)(ii) and paragraph (c)(1)(v), the introductory text of paragraph (c)(1)(vi) and paragraph (c)(1)(viii) as set forth below; ■ b. Removing and reserving paragraph (c)(1)(vii). ■ ■ * (a) License requirement. Licenses are required for all destinations, except Canada, for ECCNs having an ‘‘SI’’ under the ‘‘Reason for Control’’ paragraph. These items include hot section technology for the development, production or overhaul of commercial aircraft engines controlled under ECCN 9E003.a.1 through a.8, .h,.i and .j, and related controls. (b) Licensing policy. Pursuant to section 6 of the Export Administration Jkt 223001 9. The authority citations for Part 743 are revised to read as follows: ■ § 743.1 § 742.14 Significant Items: Hot Section Technology for the Development, Production or Overhaul of Commercial Aircraft Engines, Components, and Systems. 18:23 May 19, 2011 [Amended] 8. Section 742.15 is amended by removing the phrase ‘‘5A002.a.1, a.2, a.5, a.6 and a.9; 5D002.a or c.1 for equipment controlled for EI reasons in ECCN 5A002;’’ and adding in its place ‘‘5A002.a.1, .a.2, .a.5, .a.6, .a.9, and .b; 5D002.a, .c.1 or .d for equipment and ‘‘software’’ controlled for EI reasons in ECCNs 5A002 or 5D002;’’ in paragraph (a)(1). PART 743—[AMENDED] Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec 1503, Pub. L. 108–11, 117 Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003–23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August 12, 2010, 75 FR 50681 (August 16, 2010); Notice of November 4, 2010, 75 FR 68673 (November 8, 2010). VerDate Mar<15>2010 § 742.15 Wassenaar Arrangement. * * (c) * * * (1) * * * (ii) * * * * * Note to paragraph (c)(1)(ii): Reports for 2D001, are for ‘‘software’’, other than that controlled by 2D002, specially designed for the ‘‘development’’ or ‘‘production’’ of equipment as follows: a. Equipment controlled by 2B001.a or .b (changing 6μm to 5.1μm in 2B001.a.1 and 2B001.b.1.a; and adding ‘‘a positioning accuracy with ‘‘all compensations available’’ equal to or less (better) than 5.1μm along any linear axis’’ to the existing text for 2B001.b.2)(See Technical Notes 5 and 6 to Product Group B in Category 2 of the Commerce Control List for acceptable positioning accuracy measurements.); PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 29619 b. Deep-hole-drilling machines controlled by 2B001.f.; or c. ‘‘Numerically controlled’’ or manual machine tools controlled by 2B003. Reports for 2E001, are for ‘‘technology’’ according to the General Technology Note for the ‘‘development’’ of ‘‘software’’ as described in this paragraph for 2D001, or for equipment as follows: a. Equipment controlled by 2B001.a, .b (changing 6μm to 5.1μm in 2B001.a.1 and 2B001.b.1.a; and adding ‘‘a positioning accuracy with ‘‘all compensations available’’ equal to or less (better) than 5.1μm along any linear axis’’ to the existing text for 2B001.b.2) (See Technical Notes 5 and 6 to Product Group B in Category 2 of the Commerce Control List for acceptable positioning accuracy measurements.); b. Deep-hole-drilling machines controlled by 2B001.f.; or c. ‘‘Numerically controlled’’ or manual machine tools controlled by 2B003. Reports for 2E002, are for ‘‘technology’’ according to the General Technology Note for the ‘‘production’’ of equipment as follows: a. Equipment controlled by 2B001.a or .b (changing 6μm to 5.1μm in 2B001.a.1 and 2B001.b.1.a; and adding ‘‘a positioning accuracy with ‘‘all compensations available’’ equal to or less (better) than 5.1μm along any linear axis’’ to the existing text for 2B001.b.2)(See Technical Notes 5 and 6 to Product Group B in Category 2 of the Commerce Control List for acceptable positioning accuracy measurements.); b. Deep-hole-drilling machines controlled by 2B001.f.; or c. ‘‘Numerically controlled’’ or manual machine tools controlled by 2B003. * * * * * (v) Category 5: 5A001.b.3; 5B001.a (items specially designed for 5A001.b.3, b.5 or .h); 5D001.a (specially designed for the ‘‘development’’ or ‘‘production’’ of equipment, function, or features in 5A001.b.3, b.5 or .h) and 5D001.b (specially designed or modified to support ‘‘technology’’ under 5E001.a as described in this paragraph); and 5E001.a (for the ‘‘development’’ or ‘‘production’’ of equipment, functions or features specified by 5A001.b.3, b.5 or .h or ‘‘software’’ in 5D001.a or 5D001.b as described in this paragraph); (vi) Category 6: 6A001.a.1.b (changing 10 kHz to 5 kHz and adding the text ‘‘or a sound pressure level exceeding 224 dB (reference 1 μPa at 1 m) for equipment with an operating frequency in the band from 5kHz to 10 kHz inclusive’’ to the existing text in 6A001.a.1.b.1), and 6A001.a.2.d; 6A002.b; 6A004.c and d; 6A006.c.1; 6A008.d, .h, and .k; * * * * * E:\FR\FM\20MYR2.SGM 20MYR2 29620 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations (viii) Category 8: 8A001.c; 8A002.b (for 8A001.b, .c, .d), .h, .j, .o.3, and .p; 8D001 (for commodities listed in this paragraph, as well as 8A001.b, c, and d); 8D002; 8E001 (for commodities listed in this paragraph, as well as 8A001.b, c and d); and 8E002.a; and * * * * * PART 772—[AMENDED] 11. The authority citation for Part 772 continues to read as follows: ■ Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 12, 2010, 75 FR 50681 (August 16, 2010). 12. Section 772.1 is amended by: a. Amend the definition for ‘‘Civil aircraft’’, by removing the reference ‘‘(Cat 1, 3, and 7)’’ and by adding the reference ‘‘(Cat 1, 3, 4, 7, and 9)’’, in its place. ; ■ b. Adding in alphabetical order new definitions for ‘‘cryptographic activation’’ and ‘‘Radiant sensitivity’’, and ‘‘Tip shroud’’ ; and ■ c. Revising the definition for the term ‘‘frequency switching time’’, ‘‘frequency synthesizer’’, ‘‘information security’’, and ‘‘object code’’, to read as follows: ■ ■ § 772.1 Definitions of Terms as Used in the Export Administration Regulations (EAR). srobinson on DSK4SPTVN1PROD with RULES2 * * * * * ‘‘Cryptographic activation’’ (Cat 5P2) Any technique that activates or enables cryptographic capability, via a secure mechanism that is implemented by the manufacturer of the item and is uniquely bound to the item or customer for which the cryptographic capability is being activated or enabled (e.g., a serial number-based license key or an authentication instrument such as a digitally signed certificate). Technical Note to definition of ‘‘Cryptographic activation’’: ‘‘Cryptographic activation’’ techniques and mechanisms may be implemented as hardware, ‘‘software’’ or ‘‘technology’’. * * * * * ‘‘Frequency switching time’’. (Cat 3 and 5)—The time (i.e., delay), taken by a signal, when switched from an initial specified output frequency, to arrive at or within ± 0.05% of a final specified output frequency. Items having a specified frequency range of less than ± 0.05% around their centre frequency are defined to be incapable of frequency switching. ‘‘Frequency synthesizer’’. (Cat 3)— Any kind of frequency source, regardless of the actual technique used, providing a multiplicity of simultaneous or alternative output frequencies, from one or more outputs, controlled by, derived from or disciplined by a lesser VerDate Mar<15>2010 18:23 May 19, 2011 Jkt 223001 number of standard (or master) frequencies. * * * * * ‘‘Information security’’. (Cat 5)—All the means and functions ensuring the accessibility, confidentiality or integrity of information or communications, excluding the means and functions intended to safeguard against malfunctions. This includes ‘‘cryptography’’, ‘‘cryptographic activation’’, ‘‘cryptanalysis’’, protection against compromising emanations and computer security. Technical Note to definition of ‘‘Information security’’: ‘‘Cryptanalysis’’: the analysis of a cryptographic system or its inputs and outputs to derive confidential variables or sensitive data, including clear text. (ISO 7498–2–1988 (E), paragraph 3.3.18) * * * * * ‘‘Object code’’. (or object language) (Cat 9)—An equipment executable form of a convenient expression of one or more processes (‘‘source code’’ (or source language)) that has been compiled by a programming system. (See also ‘‘source code’’) * * * * * ‘‘Radiant sensitivity’’ (Cat 6)—Radiant sensitivity (mA/W) = 0.807 × (wavelength in nm) × ‘Quantum Efficiency (QE)’ Technical Note: ‘QE’ is usually expressed as a percentage; however, for the purposes of this formula ‘QE’ is expressed as a decimal number less than one, e.g., 78% is 0.78. * * * * * ‘‘Tip shroud’’ (Cat 9)—A stationary ring component (solid or segmented) attached to the inner surface of the engine turbine casing or a feature at the outer tip of the turbine blade, which primarily provides a gas seal between the stationary and rotating components. * * * * * Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 12, 2010, 75 FR 50681 (August 16, 2010). 14. Supplement No. 1 to Part 774 (the Commerce Control List), Category 1 ‘‘Special Materials and Related Equipment, Chemicals, ‘‘Microorganisms,’’ and ‘‘Toxins’’ ’’, ECCN Frm 00012 Fmt 4701 Sfmt 4700 * * * * * List of Items Controlled * * Items: * * * * * * * * Note 2: 1A002 does not control semifinished items, specially designed for purely civilian applications as follows: * * * * * Note 3: 1A002.b.1 does not apply to semifinished items containing a maximum of two dimensions of interwoven filaments and specially designed for applications as follows: * * * * * Note 4: 1A002 does not apply to finished items specially designed for a specific application. 15. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 1 ‘‘Special Materials and Related Equipment, Chemicals, ‘‘Microorganisms,’’ and ‘‘Toxins’’ ’’, ECCN 1A004, List of Items Controlled section the Items paragraph is amended by: ■ a. Revising the introductory text to paragraph .c; ■ b. Revising the Note that appears after Note 2 to paragraph 1A004.d, to read as follows: ■ 1A004 Protective and detection equipment and components, not specially designed for military use, as follows (see List of Items Controlled). * * * * * * 13. The authority citation for Part 774 continues to read as follows: ■ PO 00000 1A002 ‘‘Composite’’ structures or laminates, having any of the following (see List of Items Controlled). List of Items Controlled PART 774—[AMENDED] ■ 1A002, List of Items Controlled section, Items paragraph is amended by: ■ a. Revising the introductory text to Notes 2 and 3 after paragraph b.2; ■ b. Adding a new Note 4; * * * * Items: * * * * * c. Detection systems, specially designed or modified for detection or identification of any of the following, and specially designed components therefor: * * * * * d. * * * Note 2: * * * Note: 1A004 does not control: a. Personal radiation monitoring dosimeters; b. Equipment limited by design or function to protect against hazards specific to residential safety or civil industries, including: E:\FR\FM\20MYR2.SGM 20MYR2 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations 1. Mining; 2. Quarrying; 3. Agriculture; 4. Pharmaceutical; 5. Medical; 6. Veterinary; 7. Environmental; 8. Waste management; 9. Food industry. a. Revising paragraph .c, to read as follows; and ■ b. Removing paragraph .e; ■ 1C006 Fluids and lubricating materials, as follows (see List of Items Controlled). * * * * * * List of Items Controlled ■ * * * * * 16. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 1 ‘‘Special Materials and Related Equipment, Chemicals, ‘‘Microorganisms,’’ and ‘‘Toxins’’ ’’, Export Control Classification Number (ECCN) 1B001, List of Items Controlled section the Items paragraph is amended by revising paragraph .c, including removing the Note to paragraph .c, to read as follows: 1B001 Equipment for the production or inspection of ‘‘composite’’ structures or laminates controlled by 1A002 or ‘‘fibrous or filamentary materials’’ controlled by 1C010, as follows (see List of Items Controlled), and specially designed components and accessories therefor. * * * * * List of Items Controlled * * * * * Items: * * * * * c. Multidirectional, multidimensional weaving machines or interlacing machines, including adapters and modification kits, specially designed or modified for weaving, interlacing or braiding fibers for ‘‘composite’’ structures; Technical Note: For the purposes of 1B001.c the technique of interlacing includes knitting. srobinson on DSK4SPTVN1PROD with RULES2 * * * * * ■ 17. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 1 ‘‘Special Materials and Related Equipment, Chemicals, ‘‘Microorganisms,’’ and ‘‘Toxins’’ ’’, Export Control Classification Number (ECCN) 1C003 is amended by removing the phrase ‘‘initial permeability’’ and adding in its place ‘‘initial relative permeability’’ in the Technical Note of paragraph .a in the Items paragraph of the List of Items Controlled section. ■ 18. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 1 ‘‘Special Materials and Related Equipment, Chemicals, ‘‘Microorganisms,’’ and ‘‘Toxins’’ ’’, Export Control Classification Number (ECCN) 1C006, List of Items Controlled section the Items paragraph is amended by: VerDate Mar<15>2010 18:23 May 19, 2011 Jkt 223001 * * * * Items: * * * * * c. Damping or flotation fluids having all of the following: c.1. Purity exceeding 99.8%; c.2. Containing less than 25 particles of 200 μm or larger in size per 100 ml; and c.3. Made from at least 85% of any of the following: c.3.a. Dibromotetrafluoroethane (CAS 25497 30-7, 124-73-2, 27336-23- 8); c.3.b. Polychlorotrifluoroethylene (oily and waxy modifications only); or c.3.c. Polybromotrifluoroethylene; * * * * * ■ 19. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 1 ‘‘Special Materials and Related Equipment, Chemicals, ‘‘Microorganisms,’’ and ‘‘Toxins’’ ’’, ECCN 1C008, List of Items Controlled section the Items paragraph is amended by: ■ a. Revising paragraphs .a and .b; and ■ b. Revising the Technical Note that appears after paragraph .f, to read as follows: 1C008 Non-fluorinated polymeric substances as follows (see List of Items Controlled). * * * * * List of Items Controlled * * * * * Items: a. Imides as follows: a.1. Bismaleimides; a.2. Aromatic polyamide-imides (PAI) having a ‘glass transition temperature (Tg)’ exceeding 563 K (290° C); a.3. Aromatic polyimides; a.4. Aromaticpolyetherimides having a ‘glass transition temperature (Tg)’ exceeding 513K (240° C). Note: 1C008.a controls the substances in liquid or solid ‘‘fusible’’ form, including resin, powder, pellet, film, sheet, tape, or ribbon. N.B.: For non-‘‘fusible’’ aromatic polyimides in film, sheet, tape, or ribbon form, see ECCN 1A003. b. Thermoplastic liquid crystal copolymers having a heat distortion temperature exceeding 523 K (250° C) measured according to ISO 75–2 (2004), method A, or national equivalents, with a load of 1.80 N/mm2 and composed of: PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 29621 b.1. Any of the following compounds: b.1.a. Phenylene, biphenylene or naphthalene; or b.1.b. Methyl, tertiary-butyl or phenyl substituted phenylene, biphenylene or naphthalene; and b.2. Any of the following acids: b.2.a. Terephthalic acid (CAS 100–21– 0); b.2.b. 6-hydroxy-2 naphthoic acid (CAS 16712–64–4); or b.2.c. 4-hydroxybenzoic acid (CAS 99–96–7); * * * * * f. * * * Technical Note: The ‘glass transition temperature (Tg)’ for 1C008 materials is determined using the method described in ISO 11357–2 (1999) or national equivalents. In addition, for 1C008.a.2 materials,‘glass transition temperature (Tg)’ is determined on a PAI test specimen having initially been cured at a minimum temperature of 310° C for a minimum of 15 minutes. 20. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 1 ‘‘Special Materials and Related Equipment, Chemicals, ‘‘Microorganisms,’’ and ‘‘Toxins’’ ’’, ECCN 1C010, List of Items Controlled section the Items paragraph is amended by revising Note 2 and the Technical Note of paragraph .e to read as follows: ■ 1C010 ‘‘Fibrous or filamentary materials’’ as follows (see List of Items Controlled). * * * * * List of Items Controlled * * * Items: * * * e. * * * * * * * Note 2: 1C010.e does not apply to: a. Epoxy resin ‘‘matrix’’ impregnated carbon ‘‘fibrous or filamentary materials’’ (prepregs) for the repair of ‘‘civil aircraft’’ structures or laminates, having all of the following: 1. An area not exceeding 1 m2; 2. A length not exceeding 2.5 m; and 3. A width exceeding 15 mm; b. Fully or partially resin-impregnated or pitch-impregnated mechanically chopped, milled or cut carbon ‘‘fibrous or filamentary materials’’ 25.0 mm or less in length when using a resin or pitch other than those specified by 1C008 or 1C009.b. Technical Note: The ‘Dynamic Mechanical Analysis glass transition temperature (DMA Tg)’ for materials controlled by 1C010.e is determined using the method described in ASTM D 7028–07, or equivalent national standard, on a dry test specimen. In the case of thermoset materials, degree of cure of a dry test specimen shall be a minimum of 90% as defined by ASTM E 2160 04 or equivalent national standard. E:\FR\FM\20MYR2.SGM 20MYR2 29622 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations 21. Supplement No. 1 to Part 774 (the Commerce Control List), Category 1 ‘‘Special Materials and Related Equipment, Chemicals, ‘‘Microorganisms,’’ and ‘‘Toxins’’ ’’, ECCN 1C011, List of Items Controlled section is amended by: ■ a. Revising the MT paragraph of the License Requirements section; ■ b. Adding paragraphs b and c to the Related Controls paragraph; and ■ c. Revising paragraph .b in the Items paragraph, to read as follows: ■ 1C011 Metals and compounds, as follows (see List of Items Controlled). * * * * * MT applies to 1C011.a and MT Column 1.b * * * * * List of Items Controlled Unit: * * * Related Controls: (1.) See also 1C018 and 1C111. (2.) The following are subject to the export licensing authority of the U.S. Department of State, Directorate of Defense Trade Controls (see 22 CFR 121.1 Category V): a) Materials controlled by 1C011.a, and metal fuels in particle form, whether spherical, atomized, spheroidal, flaked or ground, manufactured from material consisting of 99 percent or more of items controlled by 1C011.b; and b) Metal powders mixed with other substances to form a mixture formulated for military purposes. Related Definitions: * * * Items: * * * * * b. Boron or boron alloys, with a particle size of 60 μm or less, as follows: b.1. Boron with a purity of 85% by weight or more; b.2. Boron alloys with a boron content of 85% by weight or more; Note: The metals or alloys specified by 1C011.b also refer to metals or alloys encapsulated in aluminum, magnesium, zirconium or beryllium. * * * * 22. Supplement No. 1 to Part 774 (the Commerce Control List), Category 1 ‘‘Special Materials and Related Equipment, Chemicals, ‘‘Microorganisms,’’ and ‘‘Toxins’’ ’’, ECCN 1C111, List of Items Controlled section is amended by: ■ a. Adding a new note (3) in the Related Controls paragraph in the List of Items Controlled section as set forth below; and ■ b. Removing paragraph .a.2.b in the Items paragraph of the List of Items Controlled section. srobinson on DSK4SPTVN1PROD with RULES2 ■ VerDate Mar<15>2010 18:23 May 19, 2011 Jkt 223001 * * * * * List of Items Controlled * * * * * Related Controls: * * * (3) See 1C011.b for controls on boron and boron alloys. * * * * * 23. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 2 Materials Processing, ECCN 2A001 is amended by: ■ a. Revising the GBS and CIV paragraphs in the License Exceptions section, to read as set forth below; ■ b. Revising paragraph .a in the Items Paragraph of the List of Items Controlled, to read as set forth below; and ■ c. Removing and reserving paragraph .b in the Items Paragraph of the List of Items Controlled. ■ License Requirements * 1C111 Propellants and constituent chemicals for propellants, other than those specified in 1C011, as follows (see List of Items Controlled). 2A001 Anti-friction bearings and bearing systems, as follows, (see List of Items Controlled) and components therefor. * * * * * License Exceptions * * * * * GBS: Yes, for 2A001.a, N/A for MT CIV: Yes, for 2A001.a, N/A for MT 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: * * * * * e. * * * e.2. At least two rotary axes having all of the following: * * * * * ■ 25. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 2 Materials Processing, ECCN 2B005, List of Items Controlled section the Items paragraph is amended by revising the introductory text to paragraph .g to read as follows: 2B005 Equipment specially designed for the deposition, processing and inprocess 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 * List of Items Controlled * * * * * Items: * * * * * a. Ball bearings and solid roller bearings, having all tolerances specified by the manufacturer in accordance with ISO 492 Tolerance Class 4 (or national equivalents), or better, and having both rings and rolling elements (ISO 5593), made from monel or beryllium; * * * * Items: * * * * * g. Ion plating production equipment capable of in situ measurement of any of the following: * * * * * ■ 26. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 2 Materials Processing, ECCN 2B006, List of Items Controlled section the Items paragraph is amended by: ■ a. Revising paragraph .a; and ■ b. Revising the Note that appears after .c, to read as follows: Note: 2A001.a does not control tapered roller bearings. 2B006 Dimensional inspection or measuring systems, equipment, and ‘‘electronic assemblies’’, as follows (see List of Items Controlled). * License Requirements * * * * 24. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 2 Materials Processing, ECCN 2B001, List of Items Controlled section the Items paragraph is amended by revising the introductory text to paragraph .e.2 to read as follows: ■ PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 * * * * * List of Items Controlled * * * * * Items: a. Computer controlled or ‘‘numerically controlled’’ Coordinate E:\FR\FM\20MYR2.SGM 20MYR2 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations Measuring Machines (CMM), having a three dimensional length (volumetric) maximum permissible error of length measurement (E0,MPE) at any point within the operating range of the machine (i.e., within the length of axes) equal to or less (better) than (1.7 + L/ 1,000) μm (L is the measured length in mm) according to ISO 10360–2 (2009); Technical Note: The E0,MPE of the most accurate configuration of the CMM specified by the manufacturer (e.g., best of the following: Probe, stylus length, motion parameters, environment) and with ‘‘all compensations available’’ shall be compared to the 1.7 + L/1,000 μm threshold. * * * c. * * * * * Note: 2B006 includes machine tools, other than those specified by 2B001, that can be used as measuring machines, if they meet or exceed the criteria specified for the measuring machine function. 27. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 3 Electronics, ECCN 3A001 is amended by: ■ a. Revising paragraph CIV in the License Exceptions section, as set forth below; ■ b. Removing and reserving paragraph a.4 in the Items paragraph of the List of Items Controlled section; and ■ c. Revising paragraphs a.5, .b.2, .b.3, b.4, and the introductory text of b.11 in the Items paragraph of the List of Items Controlled section, to read as follows: ■ 3A001 Electronic components and specially designed components therefor, as follows (see List of Items Controlled). * * * * * License Exceptions * * * * * CIV: Yes for 3A001.a.3, a.7, and a.11. List of Items Controlled srobinson on DSK4SPTVN1PROD with RULES2 * * * * * Items: a. * * * a.5. Analog-to-Digital Converter (ADC) and Digital-to-Analog Converter (DAC) integrated circuits, as follows: a.5.a. ADCs having any of the following: a.5.a.1. A resolution of 8 bit or more, but less than 10 bit, with an output rate greater than 500 million words per second; a.5.a.2 A resolution of 10 bit or more, but less than 12 bit, with an output rate greater than 300 million words per second; a.5.a.3. A resolution of 12 bit with an output rate greater than 200 million words per second; VerDate Mar<15>2010 18:23 May 19, 2011 Jkt 223001 a.5.a.4. A resolution of more than 12 bit but equal to or less than 14 bit with an output rate greater than 125 million words per second; or a.5.a.5. A resolution of more than 14 bit with an output rate greater than 20 million words per second; Technical Notes: 1. A resolution of n bit corresponds to a quantization of 2n levels. 2. The number of bits in the output word is equal to the resolution of the ADC. 3. The output rate is the maximum output rate of the converter, regardless of architecture or oversampling. 4. For the ‘multiple channel ADCs’, the outputs are not aggregated and the output rate is the maximum output rate of any single channel. 5. For ‘interleaved ADCs’ or for ‘multiple channel ADCs’ that are specified to have an interleaved mode of operation, the outputs are aggregated and the output rate is the maximum combined total output rate of all of the outputs. 6. Vendors may also refer to the output rate as sampling rate, conversion rate or throughput rate. It is often specified in megahertz (MHz) or mega samples per second (MSPS). 7. For the purpose of measuring output rate, one output word per second is equivalent to one Hertz or one sample per second. 8. ‘Multiple channel ADCs’ are defined as devices which integrate more than one ADC, designed so that each ADC has a separate analog input. 9. ‘Interleaved ADCs’ are defined as devices which have multiple ADC converter units that sample the same analog input at different times such that when the outputs are aggregated, the analog input has been effectively sampled and converted at a higher sampling rate. a.5.b. Digital-to-Analog Converters (DAC) having any of the following: a.5.b.1. A resolution of 10 bit or more with an ‘adjusted update rate’ of 3,500 MSPS or greater; or a.5.b.2. A resolution of 12-bit or more with an ‘adjusted update rate’ of equal to or greater than 1,250 MSPS and having any of the following: a.5.b.2.a. A settling time less than 9 ns to 0.024% of full scale from a full scale step; or a.5.b.2.b. A ‘Spurious Free Dynamic Range’ (SFDR) greater than 68 dBc (carrier) when synthesizing a full scale analog signal of 100 MHz or the highest full scale analog signal frequency specified below 100 MHz. Technical Notes: 1. ‘Spurious Free Dynamic Range’ (SFDR) is defined as the ratio of the RMS value of the carrier frequency (maximum signal component) at the input of the DAC to the RMS value of the next largest noise or harmonic distortion component at its output. 2. SFDR is determined directly from the specification table or from the PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 29623 characterization plots of SFDR versus frequency. 3. A signal is defined to be full scale when its amplitude is greater than –3 dBfs (full scale). 4. ‘Adjusted update rate’ for DACs is: a. For conventional (non-interpolating) DACs, the ‘adjusted update rate’ is the rate at which the digital signal is converted to an analog signal and the output analog values are changed by the DAC.For DACs where the interpolation mode may be bypassed (interpolation factor of one), the DAC should be considered as a conventional (noninterpolating) DAC. b. For interpolating DACs (oversampling DACs), the ‘adjusted update rate’ is defined as the DAC update rate divided by the smallest interpolating factor. For interpolating DACs, the ‘adjusted update rate’ may be referred to by different terms including: • Input data rate • Input word rate • Input sample rate • Maximum total input bus rate • Maximum DAC clock rate for DAC clock input. * * * * * b. * * * b.2. Microwave ‘‘Monolithic Integrated Circuits’’ (MMIC) power amplifiers having any of the following: b.2.a. Rated for operation at frequencies exceeding 3.2 GHz up to and including 6.8 GHz and with an average output power greater than 4W (36 dBm) with a ‘‘fractional bandwidth’’ greater than 15%; b.2.b. Rated for operation at frequencies exceeding 6.8 GHz up to and including 16 GHz and with an average output power greater than 1W (30 dBm) with a ‘‘fractional bandwidth’’ greater than 10%; b.2.c. Rated for operation at frequencies exceeding 16 GHz up to and including 31.8 GHz and with an average output power greater than 0.8W (29 dBm) with a ‘‘fractional bandwidth’’ greater than 10%; b.2.d. Rated for operation at frequencies exceeding 31.8 GHz up to and including 37.5 GHz and with an average output power greater than 0.1 nW; b.2.e. Rated for operation at frequencies exceeding 37.5 GHz up to and including 43.5 GHz and with an average output power greater than 0.25W (24 dBm) with a ‘‘fractional bandwidth’’ greater than 10%; or b.2.f. Rated for operation at frequencies exceeding 43.5 GHzand with an average output power greater than 0.1 nW. Note 1: [RESERVED] Note 2: The control status of the MMIC whose rated operating frequency includes frequencies listed in more than one E:\FR\FM\20MYR2.SGM 20MYR2 29624 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations frequency range, as defined by 3A001.b.2.a through 3A001.b.2.f, is determined by the lowest average output power control threshold. Note 3: Notes 1 and 2 following the Category 3 heading for product group A. Systems, Equipment, and Components mean that 3A001.b.2 does not control MMICs if they are specially designed for other applications, e.g., telecommunications, radar, automobiles. b.3. Discrete microwave transistors having any of the following: b.3.a. Rated for operation at frequencies exceeding 3.2 GHz up to and including 6.8 GHz and having an average output power greater than 60W (47.8 dBm); b.3.b. Rated for operation at frequencies exceeding 6.8 GHz up to and including 31.8 GHz and having an average output power greater than 20W (43 dBm); b.3.c. Rated for operation at frequencies exceeding 31.8 GHz up to and including 37.5 GHz and having an average output power greater than 0.5W (27 dBm); b.3.d. Rated for operation at frequencies exceeding 37.5 GHz up to and including 43.5 GHz and having an average output power greater than 1W (30 dBm); or b.3.e. Rated for operation at frequencies exceeding 43.5 GHz and with an average output power greater than 0.1 nW; srobinson on DSK4SPTVN1PROD with RULES2 Note: The control status of a transistor whose rated operating frequency includes frequencies listed in more than one frequency range, as defined by 3A001.b.3.a through 3A001.b.3.e, is determined by the lowest average output power control threshold. 18:23 May 19, 2011 Jkt 223001 Technical Note: 3.2 GHz should be used as the lowest operating frequency (fGHz) in the formula in 3A001.b.4.f.3., for amplifiers that have a rated operation range extending downward to 3.2 GHz and below [d≤15cm*GHz/3.2 fGHz]. N.B.: MMIC power amplifiers should be evaluated against the criteria in 3A001.b.2. Note 1: [RESERVED] Note 2: The control status of an item whose rated operating frequency includes frequencies listed in more than one frequency range, as defined by 3A001.b.4.a through 3A001.b.4.e, is determined by the lowest average output power control threshold. * b.4. Microwave solid state amplifiers and microwave assemblies/modules containing microwave solid state amplifiers, having any of the following: b.4.a. Rated for operation at frequencies exceeding 3.2 GHz up to and including 6.8 GHz and with an average output power greater than 60W (47.8 dBm) with a ‘‘fractional bandwidth’’ greater than 15%; b.4.b. Rated for operation at frequencies exceeding 6.8 GHz up to and including 31.8 GHz and with an average output power greater than 15W (42 dBm) with a ‘‘fractional bandwidth’’ greater than 10%; b.4.c. Rated for operation at frequencies exceeding 31.8 GHz up to and including 37.5 GHz and with an average output power greater than 0.1 nW; b.4.d. Rated for operation at frequencies exceeding 37.5 GHz up to and including 43.5 GHz and with an VerDate Mar<15>2010 average output power greater than 1W (30 dBm) with a ‘‘fractional bandwidth’’ greater than 10%; b.4.e. Rated for operation at frequencies exceeding 43.5 GHz and with an average output power greater than 0.1 nW; or b.4.f. Rated for operation at frequencies above 3.2 GHz and all of the following: b.4.f.1. An average output power (in watts), P, greater than 150 divided by the maximum operating frequency (in GHz) squared [P > 150 W*GHz2/fGHz2]; b.4.f.2. A ‘‘fractional bandwidth’’ of 5% or greater; and b.4.f.3. Any two sides perpendicular to one another with length d (in cm) equal to or less than 15 divided by the lowest operating frequency in GHz [d ≤ 15 cm*GHz/fGHz]; * * * * b.11. ‘‘Frequency synthesizer’’ ‘‘electronic assemblies’’ having a ‘‘frequency switching time’’ as specified by any of the following: * * * * * ■ 28. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 3 Electronics, ECCN 3A002, List of Items Controlled section the Items paragraph is amended by revising paragraphs .c and .d to read as follows: 3A002 General purpose electronic equipment and accessories therefor, as follows (see List of Items Controlled). * * * * * List of Items Controlled * * * * * Items: * * * * * c. Radio-frequency ‘‘signal analyzers’’ as follows: c.1. ‘‘Signal analyzers’’ having a 3 dB resolution bandwidth (RBW) exceeding 10 MHz anywhere within the frequency range exceeding 31.8 GHz but not exceeding 37.5 GHz; PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 c.2. ‘‘Signal analyzers’’ having Displayed Average Noise Level (DANL) less (better) than ¥150 dBm/Hz anywhere within the frequency range exceeding 43.5 GHz but not exceeding 70 GHz; c.3. ‘‘Signal analysers’’having a frequency exceeding 70 GHz; c.4. ‘‘Dynamic signal analyzers’’ having a ‘‘real-time bandwidth’’ exceeding 40 MHz; Note: 3A002.c.4 does not control those ‘‘dynamic signal analyzers’’ using only constant percentage bandwidth filters (also known as octave or fractional octave filters). d. Frequency synthesized signal generators producing output frequencies, the accuracy and short term and long term stability of which are controlled, derived from or disciplined by the internal master reference oscillator, and having any of the following: d.1. Specified to generate a ‘pulse duration’ of less than 100 ns anywhere within the synthesized frequency range exceeding 31.8 GHz but not exceeding 70 GHz; d.2. An output power exceeding 100 mW (20 dBm) anywhere within the synthesized frequency range exceeding 43.5 GHz but not exceeding 70 GHz; d.3. A ‘‘frequency switching time’’ as specified by any of the following: d.3.a. Less than 312 ps; d.3.b. Less than 100 μs for any frequency change exceeding 1.6 GHz within the synthesized frequency range exceeding 3.2 GHz but not exceeding 10.6 GHz; d.3.c. Less than 250 μs for any frequency change exceeding 550 MHz within the synthesized frequency range exceeding 10.6 GHz but not exceeding 31.8 GHz; d.3.d. Less than 500 μs for any frequency change exceeding 550 MHz within the synthesized frequency range exceeding 31.8 GHz but not exceeding 43.5 GHz; d.3.e. Less than 1 ms for any frequency change exceeding 550 MHz within the synthesized frequency range exceeding 43.5 GHz but not exceeding 56 GHz; or d.3.f. Less than 1 ms for any frequency change exceeding 2.2 GHz within the synthesized frequency range exceeding 56 GHz but not exceeding 70 GHz; d.4. At synthesized frequencies exceeding 3.2 GHz but not exceeding 70 GHz, and having all of the following: d.4.a. A single sideband (SSB) phase noise, in dBc/Hz, better than—(126+20 log10F–20 log10f) for 10 Hz < F < 10 kHz; and d.4.b. A single sideband (SSB) phase noise, in dBc/Hz, better than—(114+20 E:\FR\FM\20MYR2.SGM 20MYR2 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations log10F–20 log10f) for 10 kHz ≤ F < 500 kHz; or paragraph of the List of Items Controlled section to read as follows: Technical Note: In 3A002.d.4, F is the offset from the operating frequency in Hz and f is the operating frequency in MHz. 3A991 Electronic devices and components not controlled by 3A001. * List of Items Controlled * Note 1: For the purpose of 3A002.d, frequency synthesized signal generators include arbitrary waveform and function generators. * List of Items Controlled 2. For the purposes of 3A002.d.1, ’pulse duration’ is defined as the time interval between the leading edge of the pulse achieving 90% of the peak and the trailing edge of the pulse achieving 10% of the peak. * * * * * ■ 29. Supplement No. 1 to Part 774 (the Commerce Control List), Category 3 Electronics, ECCN 3A991 is amended by revising paragraph .c in the Items where the K factor = 0.35 f.2 Imprint lithography equipment capable of production features of 95 nm or less; * * * * * * Items: * * * * * c. Analog-to-digital converters having any of the following: c.1. A resolution of 8 bit or more, but less than 12 bit, with an output rate greater than 200 million words per second; c.2. A resolution of 12 bit with an output rate greater than 105 million words per second; c.3. A resolution of more than 12 bit but equal to or less than 14 bit withan output rate greater than 10 million words per second; or c.4. A resolution of more than 14 bit with an output rate greater than 2.5 million words per second. * * * * * 30. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 3 Electronics, ECCN 3B001, List of Items Controlled section the Items paragraph is amended by revising paragraphs .d.1, .d.2, .f.1.b, and .f.2, to read as follows: ■ Electronics, ECCN 3E001, List of Items Controlled section the Items paragraph is amended by revising Note 2 to read as follows: * 3E001 ‘‘Technology’’ according to the General Technology Note for the ‘‘development’’ or ‘‘production’’ of equipment or materials controlled by 3A (except 3A292, 3A980, 3A981, 3A991 3A992, or 3A999), 3B (except 3B991 or 3B992) or 3C (except 3C992). ■ * Note: 3B001.f.2 includes: srobinson on DSK4SPTVN1PROD with RULES2 —Micro contact printing tools —Hot embossing tools —Nano-imprint lithography tools —Step and flash imprint lithography (S–FIL) tools * * * * 31. Supplement No. 1 to Part 774 (the Commerce Control List), Category 3Electronics, ECCN 3C001 is amended by removing the text in the Related Definitions paragraph of the List of Items Controlled section and adding in its place ‘‘N/A’’. ■ 32. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 3 VerDate Mar<15>2010 19:55 May 19, 2011 Jkt 223001 * * * * List of Items Controlled * * Items: * * * * * * * * Note 2: 3E001 does not control ‘‘technology’’ for the ‘‘development’’ or ‘‘production’’ of integrated circuits controlled PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 * * * * * * * * * Items: * * * * * d. * * * d.1. Equipment with cassette-tocassette operation and load-locks, and designed according to the manufacturer’s specifications or optimized for use in the production of semiconductor devices with critical dimensions of 65 nm or less; d.2. Equipment specially designed for equipment controlled by 3B001.e. and designed according to the manufacturer’s specifications or optimized for use in the production of semiconductor devices with critical dimensions of 65 nm or less; * * * * * f. * * * f.1. * * * f.1.b. Capable of producing a pattern with a ‘‘Minimum Resolvable Feature size’’ (MRF) of 95 nm or less; Technical Note: The ‘Minimum Resolvable Feature size’ (MRF) is calculated by the following formula: by 3A001.a.3 to a.12, having all of the following: (a) Using ‘‘technology’’ at or above 0.130 μm; and (b) Incorporating multi-layer structures with three or fewer metal layers. 33. Supplement No. 1 to Part 774 (the Commerce Control List), Category 4 Computers, ECCN 4A001 is amended by revising the Items paragraph in 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. * E:\FR\FM\20MYR2.SGM * * 20MYR2 * * ER20my11.062</GPH> Technical Notes: 1. Arbitrary waveform and function generators are normally specified by sample rate (e.g., GSample/s), which is converted to the RF domain by the Nyquist factor of two. Thus, a 1 GSample/s arbitrary waveform has a direct output capability of 500 MHz. Or, when oversampling is used, the maximum direct output capability is proportionately lower. * 3B001 Equipment for the manufacturing of semiconductor devices or materials, as follows (see List of Items Controlled) and specially designed components and accessories therefor. d.5. A maximum synthesized frequency exceeding 70 GHz; Note 2: 3A002.d. does not control equipment in which the output frequency is either produced by the addition or subtraction of two or more crystal oscillator frequencies, or by an addition or subtraction followed by a multiplication of the result. * 29625 29626 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations List of Items Controlled * * * * * Items: a. Specially designed to have any of the following: a.1. Rated for operation at an ambient temperature below 228 K (¥45 °C) or above 358 K (85 °C); or Note: 4A001.a.1 does not apply to computers specially designed for civil automobile, railway train or ‘‘civil aircraft’’ 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 8 Error/bit/day; Note: 4A001.a.2 does not apply to computers specially designed for ‘‘civil aircraft’’ applications. b. [RESERVED] 34. Supplement No. 1 to Part 774 (the Commerce Control List), Category 5 Telecommunications and ‘‘Information Security’’, Part I Telecommunications is amended by: ■ a. Removing the reference ‘‘N.B.’’ and adding in its place ‘‘N.B.1.’’ at the beginning of Category 5—Part I; and ■ b. Adding a new Nota Bene (N.B.) to read as follows: ■ CATEGORY 5— TELECOMMUNICATIONS AND ‘‘INFORMATION SECURITY’’ PART I. TELECOMMUNICATIONS Notes: 1. * * * N.B.1.: For ‘‘lasers’’ specially designed for telecommunications equipment or systems, see ECCN 6A005. N.B.2.: See also Category 5, Part 2 for equipment, components, and ‘‘software’’ performing or incorporating ‘‘information security’’ functions. srobinson on DSK4SPTVN1PROD with RULES2 * * * * * ■ 35. Supplement No. 1 to Part 774 (the Commerce Control List), Category 5 Telecommunications and ‘‘Information Security’’, Part I Telecommunications, ECCN 5A001 is amended by: ■ a. Revising the License Requirements section; ■ b. Revising the License Exceptions section; ■ c. Removing paragraphs c.1 and c.2, and adding in their place a new paragraph .cin the Items paragraph of the List of Items Controlled section, as set forth below; and ■ d. Revising paragraph.h in the Items paragraph of the List of Items Controlled section, to read as follows: VerDate Mar<15>2010 18:23 May 19, 2011 Jkt 223001 5A001 Telecommunications systems, equipment, components and accessories, as follows (see List of Items Controlled). 5D001 ‘‘Software’’ as follows (see List of Items Controlled). License Requirements License Exceptions Reason for Control: NS, AT Control(s) Country chart NS applies to 5A001.a, .e, and .h. NS applies to 5A001.b, .c, .d, .f, and .g. AT applies to entire entry ...... NS Column 1. NS Column 2. AT Column 1. License Requirement Notes: See § 743.1 of the EAR for reporting requirements for exports under License Exceptions. License Exceptions LVS: N/A for 5A001.a, b.5, e, and h; $5000 for 5A001b.1, b.2, b.3, b.6, d, f, and g; $3000 for 5A001.c. GBS: Yes, except 5A001.a, b.5, e, and h. CIV: Yes, except 5A001.a, b.3, b.5, e, and h. List of Items Controlled * * * * * Items: * * * * * c. Optical fibers of more than 500 m in length and specified by the manufacturer as being capable of withstanding a ’proof test’ tensile stress of 2 × 109 N/m2 or more; N.B.: For underwater umbilical cables, see 8A002.a.3. Technical Note: ’Proof Test’: on-line or offline production screen testing that dynamically applies a prescribed tensile stress over a 0.5 to 3 m length of fiber at a running rate of 2 to 5 m/s while passing between capstans approximately 150 mm in diameter. The ambient temperature is a nominal 293 K (20 °C) and relative humidity 40%. Equivalent national standards may be used for executing the proof test. * * * * * h. Radio Frequency (RF) transmitting equipment designed or modified for prematurely activating or preventing the initiation of Improvised Explosive Devices (IEDs). N.B.: See also ECCN 5A001.f and Category XI of the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120–130). ■ 36. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 5 Telecommunications and ‘‘Information Security’’, Part I Telecommunications, ECCN 5D001 is amended by revising the License Exceptions section to read as follows: PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 * * * * * CIV: Yes, except for ‘‘software’’ controlled by 5D001.a and specially designed for the ‘‘development’’ or ‘‘production’’ of items controlled by 5A001.b.5 and 5A001.h. TSR: Yes, except for exports and reexports to destinations outside of Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or the United Kingdom of ‘‘software’’ controlled by 5D001.a and specially designed for items controlled by 5A001.b.5 and 5A001.h. * * * * * 37. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 5 Telecommunications and ‘‘Information Security’’, Part I Telecommunications, ECCN 5E001 is amended by: ■ a. Revising the License Exceptions section; ■ b. Revising paragraphs .b.4, .d.1, and .d.2in the Items paragraph of the List of Items Controlled section, to read as follows: ■ 5E001 ‘‘Technology’’ as follows (see List of Items Controlled). * * * * * License Exceptions CIV: N/A. TSR: Yes, except for exports or reexports to destinations outside of Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or the United Kingdom of ‘‘technology’’ controlled by 5E001.a for the ‘‘development’’ or ‘‘production’’ of the following: (1) Items controlled by 5A001.b.5 or 5A001.h; or (2) ‘‘Software’’ controlled by 5D001.a that is specially designed for the ‘‘development’’ or ‘‘production’’ of equipment, functions or features controlled by 5A001.b.5 or 5A001.h. List of Items Controlled * * * * * Items: * * * * * b.4. ‘‘Technology’’ for the ‘‘development’’ of ‘‘spread spectrum’’ techniques, including ‘‘frequency hopping’’ techniques. E:\FR\FM\20MYR2.SGM 20MYR2 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations Note: 5E001.b.4 does not apply to ‘‘technology’’ for the ‘‘development’’ of civil cellular radio-communications systems. * * * * * d. * * * d.1. Rated for operation at frequencies exceeding 3.2 GHz up to and including 6.8 GHz and with an average output power greater than 4 W (36 dBm) with a ‘‘fractional bandwidth’’ greater than 15%; d.2. Rated for operation at frequencies exceeding 6.8 GHz up to and including 16 GHz and with an average output power greater than 1 W (30 dBm) with a ‘‘fractional bandwidth’’ greater than 10%; * * * * * ■ 38. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 5 Part II—Telecommunications And ‘‘Information Security’’, ECCN 5A002 is amended by: ■ c. Revising the EI paragraph in the License Requirements section, as set forth below; ■ d. Revising Note 1 in the Related Controls paragraph of the List of Items Controlled section as set forth below; ■ e. Replacing a period with a semicolon in paragraph (a)(2) of the Note at the beginning of the Items paragraph of the List of Items Controlled section; ■ f. Removing ‘‘or’’ from the end of paragraph .g in the Note at the beginning of the Items paragraph of the List of Items Controlled section; ■ e. Removing the period at the end of paragraph .i and adding in its place ‘‘; or’’ in the Note at the beginning of the Items paragraph of the List of Items Controlled section; ■ f. Adding a new paragraph .j in the Note at the beginning of the Items paragraph of the List of Items Controlled section as set forth below; ■ g. Adding a new paragraph .b in the Items paragraph of the List of Items Controlled section to read as follows: 5A002 ‘‘Information security’’ systems, equipment and components therefor, as follows (see List of Items Controlled). * * * * * EI applies to 5A002.a.1, .a.2, .a.5, .a.6, .a.9 and .b. Refer to § 742.15 of the EAR. srobinson on DSK4SPTVN1PROD with RULES2 List of Items Controlled * * * * * Related Controls: (1) 5A002 does not control the commodities listed in paragraphs (a), (d), (e), (f), (g), (i) and (j) in the Note in the items paragraph of this entry. These commodities are instead classified under ECCN5A992, and related software and technology are VerDate Mar<15>2010 18:23 May 19, 2011 Jkt 223001 classified under ECCNs 5D992 and 5E992 respectively. * * * * * * * * Items: Note: * * * (j) Equipment, having no functionality specified by 5A002.a.2, 5A002.a.4, 5A002.a.7, or 5A002.a.8, where all cryptographic capability specified by 5A002.a meets any of the following: 1. It cannot be used; or 2. It can only be made useable by means of ‘‘cryptographic activation’’. N.B.: See 5A002.a for equipment that has undergone ‘‘cryptographic activation’’. * * * * * b. Systems, equipment, application specific ‘‘electronic assemblies’’, modules and integrated circuits, designed or modified to enable an item to achieve or exceed the controlled performance levels for functionality specified by 5A002.a that would not otherwise be enabled. ■ 39. Supplement No. 1 to Part 774 (the Commerce Control List), Category 5 Part II ‘‘Information Security’’, ECCN 5D002 is amended by: ■ a. Removing the phrase ‘‘5D002.a or c.1’’ and adding in its place ‘‘5D002.a,.c.1, or .d’’ in the EI paragraph of the License Requirements section; and ■ b. Adding a new paragraph .d to the Items paragraph of the List of Items Controlled section to read as follows: 5D002 ‘‘Software’’ as follows (see List of Items Controlled). * * * * * List of Items Controlled * * * * * Items: * * * * * d. ‘‘Software’’ designed or modified to enable an item to achieve or exceed the controlled performance levels for functionality specified by 5A002.a that would not otherwise be enabled. ■ 40. Supplement No. 1 to Part 774 (the Commerce Control List), Category 5 Part II ‘‘Information Security’’, ECCN 5E002 is amended by: ■ a. Revising the Heading and the Items paragraph, as set forth below; and ■ b. Removing the phrase ‘‘ECCNs 5A002 or 5D002.a or 5D002.c’’ and adding in its place ‘‘ECCNs 5A002 or 5D002’’ in the EI paragraph and in the License Requirement Note of the License Requirements section. 5E002 ‘‘Technology’’ as follows (see List of Items Controlled). * * * * * List of Items Controlled * PO 00000 * * Frm 00019 * Fmt 4701 * Sfmt 4700 29627 Items: a. ‘‘Technology’’ according to the General Technology Note for the ‘‘development’’, ‘‘production’’ or ‘‘use’’ of equipment controlled by 5A002 or 5B002 or ‘‘software’’ controlled by 5D002.a or 5D002.c. b. ‘‘Technology’’ to enable an item to achieve or exceed the controlled performance levels for functionality specified by 5A002.a that would not otherwise be enabled. ■ 41. Supplement No. 1 to Part 774 (the Commerce Control List), Category 6— Sensors and ‘‘Lasers’’, ECCN 6A001 is amended by: ■ a. Revising the License Exceptions section; ■ b. Revising paragraph .a.1.a and the introductory text to paragraph .a.2 in the Items paragraph of the List of Items Controlled section; ■ c. Adding a new Note to paragraph .a.2 that appears after .a.2.fin the Items paragraph of the List of Items Controlled section; and ■ d. Removing and reserving paragraph .c and adding a Nota Bene (N.B.) to paragraph .cin the Items paragraph of the List of Items Controlled section, to read as follows: 6A001 Acoustic systems, equipment and components, as follows (see List of Items Controlled). * * * * * License Exceptions LVS: $3000; N/A for 6A001.a.1.b.1 object detection and location systems having a transmitting frequency below 5 kHz or a sound pressure level exceeding 210 dB (reference 1 μPa at 1 m) for equipment with an operating frequency in the band from 30 kHz to 2 kHz inclusive; 6A001.a.1.e, 6A001.a.2.a.1, a.2.a.2, 6A001.a.2.a.3, a.2.a.5, a.2.a.6, 6A001.a.2.b; processing equipment controlled by 6A001.a.2.c, and specially designed for real time application with towed acoustic hydrophone arrays; a.2.e.1, a.2.e.2; and bottom or bay cable systems controlled by 6A001.a.2.f and having processing equipment specially designed for real time application with bottom or bay cable systems. GBS: Yes for 6A001.a.1.b.4. CIV: Yes for 6A001.a.1.b.4. List of Items Controlled * * * * * Items: a. * * * a.1. * * * a.1.a. Acoustic seabed survey equipment as follows: a.1.a.1. Surface vessel survey equipment designed for sea bed topographic mapping and having all of the following: E:\FR\FM\20MYR2.SGM 20MYR2 29628 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations a.1.a.1.a. Designed to take measurements at an angle exceeding 20ß from the vertical; a.1.a.1.b. Designed to measure seabed topography at seabed depths exceeding 600 m; a.1.a.1.c.‘Sounding resolution’ less than 2; and a.1.a.1.d. ‘Enhancement’ of the depth accuracy through compensation for all the following: a.1.a.1.d.1. Motion of the acoustic sensor; a.1.a.1.d.2. In-water propagation from sensor to the seabed and back; and a.1.a.1.d.3. Sound speed at the sensor; Technical Notes: 1. ‘Sounding resolution’ is the swath width (degrees) divided by the maximum number of soundings per swath. 2. ‘Enhancement’ includes the ability to compensate by external means. a.1.a.2. Underwater survey equipment designed for seabed topographic mapping and having all of the following: a.1.a.2.a. Designed or modified to operate at depths exceeding 300 m; and a.1.a.2.b. ‘Sounding rate’ greater than 3,800; Technical Note: ‘Sounding rate’ is the product of the maximum speed (m/s) at which the sensor can operate and the maximum number of soundings per swath. srobinson on DSK4SPTVN1PROD with RULES2 * * * * a.2. Passive systems, equipment and specially designed components therefor, as follows: * * * * * Note: 6A001.a.2 also applies to receiving equipment, whether or not related in normal application to separate active equipment, and specially designed components therefor. 18:23 May 19, 2011 Jkt 223001 Optical sensors. * * * * List of Items Controlled * * * Items: * * * d. * * * d.3. * * * * * * * * * * * * 43. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 6 Sensors and ‘‘Lasers’’, ECCN 6A003, License of Items Controlled section the Items paragraph is amended by revising the last Technical Note in paragraph .b.4 to read as follows: ■ 6A003 Cameras. * * * * * Items: * * * b.4. * * * * * * b. * * * 4. * * * Technical Note: Instantaneous Field of View (IFOV) specified in Note 3.b is the lesser figure of the Horizontal IFOV or the Vertical IFOV. Horizontal IFOV = horizontal Field of View (FOV)/number of horizontal detector elements Vertical IFOV= vertical Field of View (FOV)/number of vertical detector elements. * * * * * 44. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 6 Sensors and ‘‘Lasers’’, ECCN 6A005, List of Items Controlled section the Items paragraph is amended by: ■ a. Adding a new Note to paragraph .c.1; ■ b. Removing the period at the end of paragraph .f.4 and adding in its place a semi-colon; ■ c. Adding a new paragraph .g, to read as follows: ■ 6A005 ‘‘Lasers’’ (other than those described in 0B001.g.5 or .h.6), components and optical equipment, as follows (see List of Items Controlled). PO 00000 * * Frm 00020 * Fmt 4701 * Sfmt 4700 * * Items: * * * c.1. * * * * * * * Note: 6A005.c.1 does not apply to dye lasers or other liquid lasers, having a multimode output and a wavelength of 150 nm or more but not exceeding 600 nm and all of the following: 1. Output energy less than 1.5 J per pulse or a ‘‘peak power’’ less than 20 W; and 2. Average or CW output power less than 20 W. * * * * f. * * * f.4. Projection telescopes specially designed for use with ‘‘SHPL’’ systems; g. ‘‘Laser acoustic detection equipment’’ having all of the following: g.1. CW laser output power greater than or equal to 20 mW; g.2. Laser frequency stability equal to or better (less) than 10 MHz; g.3. Laser wavelengths equal to or exceeding 1,000 nm but not exceeding 2,000 nm; g.4. Optical system resolution better (less) than 1 nm; and g.5. Optical Signal to Noise ratio equal or exceeding to 103. 45. Supplement No. 1 to Part 774 (the Commerce Control List), Category 6— Sensors and ‘‘Lasers’’, ECCN 6A006 is amended by: ■ a. Revising the LVS paragraph of the License Exceptions section as set forth below; ■ b. Removing the ‘‘and’’ at the end of paragraph .c.3 in the Items paragraph of the List of Items Controlled section; ■ c. Removing the period and adding in its place ‘‘; and’’ at the end of paragraph .din the Items paragraph of the List of Items Controlled section; and ■ d. Adding a new paragraph .e in the Items paragraph of the List of Items Controlled section to read as follows: ■ Note 3: * * * * * Technical Note: ‘‘Laser acoustic detection equipment’’ is sometimes referred to as a Laser Microphone or Particle Flow Detection Microphone. * * List of Items Controlled * Note: 6A002.d.3 does not apply to encapsulated optical sensing fibers specially designed for bore hole sensing applications. * * VerDate Mar<15>2010 * List of Items Controlled Technical Notes: 1. ‘Area coverage rate’ (m2/s) is twice the product of the maximum sonar range (m) and the maximum speed (m/ s) at which the sensor can operate. 2. ‘Along track resolution’ (cm), for SSS only, is the product of azimuth (horizontal) beamwidth (degrees) and maximum sonar range (m) and 0.873. 3. ‘Across track resolution’ (cm) is 75 divided by the signal bandwidth (kHz). * * * * N.B.: For diver deterrent acoustic systems, see 8A002.r. 6A002 * a.1.a.3. Side Scan Sonar (SSS) or Synthetic Aperture Sonar (SAS), designed for seabed imaging and having all of the following: a.1.a.3.a. Designed or modified to operate at depths exceeding 500 m; and a.1.a.3.b. An ‘area coverage rate’ of greater than 570 m2/s while operating with both an ‘along track resolution’ and ‘across track resolution’ of less than 15 cm. * 42. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 6—Sensors and ‘‘Lasers’’, ECCN 6A002, List of Items Controlled section the Items paragraph is amended by adding a new Note to paragraph .d.3, to read as follows: ■ 6A006 ‘‘Magnetometers,’’ ‘‘magnetic gradiometers,’’ ‘‘intrinsic magnetic gradiometers,’’ underwater electric field sensors, ‘‘compensation systems,’’ and specially designed components therefor, as follows (see List of Items Controlled). * * * * * License Exceptions LVS: $1500, N/A for 6A006.a.1; ‘‘Magnetometers’’ and subsystems defined in 6A006.a.2 using optically pumped or nuclear precession (proton/ Overhauser) having a ‘‘sensitivity’’ lower E:\FR\FM\20MYR2.SGM 20MYR2 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations (better) than 2 pT (rms) per square root Hz; 6A006.d, and 6A006.e. * * * * * amended by revising the License Exceptions section the TSR paragraph to read as follows: List of Items Controlled 6D001 ‘‘Software’’ specially designed for the ‘‘development’’ or ‘‘production’’ of equipment controlled by 6A004, 6A005, 6A008, or 6B008. * * * * * Items: * * * * * e. Underwater electromagnetic receivers incorporating magnetic field sensors specified by 6A006.a or underwater electric field sensors specified by 6A006.b. * * * * * ■ 46. Supplement No. 1 to Part 774 (the Commerce Control List), Category 6 Sensors and ‘‘Lasers’’, ECCN 6A008 is amended by: ■ a. Revising the LVS paragraph of the License Exceptions section as set forth below; and ■ b. Revising paragraph .l to read as follows: 6A008 Radar systems, equipment and assemblies, having any of the following (see List of Items Controlled), and specially designed components therefor. * * * * * License Exceptions LVS: $5000; N/A for MT and for 6A008.j.1 * * * * * List of Items Controlled * * * * * Items: * * * * * 1. Having data processing sub-systems and having any of the following: 1.1. ‘‘Automatic target tracking’’ providing, at any antenna rotation, the predicted target position beyond the time of the next antenna beam passage; or srobinson on DSK4SPTVN1PROD with RULES2 Note: 6A008.1.1 does not control conflict alert capability in ATC systems, or marine or harbor radar. 1.2. [RESERVED] 1.3. [RESERVED] 1.4. Configured to provide superposition and correlation, or fusion, of target data within six seconds from two or more ‘‘geographically dispersed’’ radar sensors to improve the aggregate performance beyond that of any single sensor specified by 6A008.f, or 6A008.i. N.B.: See also the U.S. Munitions List (22 CFR part 121). Note: 6A008.1.4 does not apply to systems, equipment and assemblies designed for marine traffic control. 47. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 6 Sensors and ‘‘Lasers,’’ ECCN 6D001 is ■ VerDate Mar<15>2010 18:23 May 19, 2011 Jkt 223001 * * * * * License Exceptions CIV: * * * TSR: Yes, except for the following: (1) Items controlled for MT reasons; (2) ‘‘Software’’ specially designed for the ‘‘development’’ or ‘‘production’’ of ‘‘space qualified’’ ‘‘laser’’ radar or Light Detection and Ranging (LIDAR) equipment defined in 6A008.j.1; or (3) Exports or reexports to destinations outside of Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or the United Kingdom of ‘‘software’’ specially designed for the ‘‘development’’ or ‘‘production’’ of equipment controlled by 6A004.c or d, 6A008.d, h, k, or 1.3, or 6B008. * * * * * ■ 48. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 6—Sensors and ‘‘Lasers’’, ECCN 6D003, List of Items Controlled section the Items paragraph is amended by: ■ a. Adding new paragraphs .f.3 and .f.4; and ■ b. Revising paragraph .h.1, to read as follows: 6D003 Other ‘‘software’’ as follows (see List of Items Controlled). * * * * * List of Items Controlled * * * * * Items: * * * * * f. * * * f.3. ‘‘Software’’ specially designed for ‘‘real time processing’’ of electromagnetic data using underwater electromagnetic receivers specified by 6A006.e; f.4. ‘‘Source code’’ for ‘‘real time processing’’ of electromagnetic data using underwater electromagnetic receivers specified by 6A006.e; * * * * * h. * * * h.1. Air Traffic Control (ATC) ‘‘software’’ application ‘‘programs’’ designed to be hosted on general purpose computers located at Air Traffic Control centers and capable of accepting radar target data from more than four primary radars; * * * * * PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 29629 49. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 6 Sensors and ‘‘Lasers’’, ECCN 6E001 is amended by revising the Heading and the TSR paragraphof the License Exceptions section to read as follows: ■ 6E001 ‘‘Technology’’ according to the General Technology Note for the ‘‘development’’ of equipment, materials or ‘‘software’’ controlled by 6A (except 6A991, 6A992, 6A994, 6A995, 6A996, 6A997, or 6A998), 6B (except 6B995), 6C (except 6C992 or 6C994), or 6D (except 6D991, 6D992, or 6D993). * * * * * License Exceptions CIV: * * * TSR: Yes, except for the following: (1) Items controlled for MT reasons; (2) ‘‘Technology’’ for commodities controlled by 6A002.e, 6A004.e, or 6A008.j.1; (3) ‘‘Technology’’ for ‘‘software’’ specially designed for ‘‘space qualified’’ ‘‘laser’’ radar or Light Detection and Ranging (LIDAR) equipment defined in 6A008.j.1 and controlled by 6D001 or 6D002; (4) Exports or reexports to destinations outside of Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or the United Kingdom of ‘‘technology’’ for the ‘‘development’’ of the following: (a) Items controlled by 6A001.a.1.b, 6A001.a.1.e, 6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.3, 6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b, 6A001.a.2.d, 6A001.a.2.e., 6A002.a.1.a, 6A002.a.1.b, 6A002.a.1.c, 6A002.a.2.a, 6A002.a.2.b, 6A002.a.3, 6A002.b, 6A002.c, 6A003.b.3, 6A003.b.4, 6A004.c, 6A004.d, 6A005.a.1, 6A006.a.2, 6A006.c.1, 6A006.d, 6A006.e, 6A006.g, 6A006.h, 6A008.d, 6A008.h, 6A008.k, 6A008.l.3, 6B008, 6D003.a; (b) Equipment controlled by 6A001.a.2.c or 6A001.a.2.f when specially designed for real time applications; or (c) ‘‘Software’’ controlled by 6D001 and specially designed for the ‘‘development’’ or ‘‘production’’ of equipment controlled by 6A008.l.3 or 6B008, or 6D003.a; or (5) Exports or reexports to Rwanda. * * * * * 50. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 6—Sensors and ‘‘Lasers,’’ ECCN 6E002 is amended by revising the Heading and the TSR paragraphof the License Exceptions section to read as follows: ■ E:\FR\FM\20MYR2.SGM 20MYR2 29630 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations 6E002 ‘‘Technology’’ according to the General Technology Note for the ‘‘production’’ of equipment or materials controlled by 6A (except 6A991, 6A992, 6A994, 6A995, 6A996, 6A997 or 6A998), 6B (except 6B995) or 6C (except 6C992 or 6C994). * * * * * License Exceptions CIV: * * * TSR: Yes, except for the following: (1) Items controlled for MT reasons; (2) ‘‘Technology’’ for commodities controlled by 6A002.e, 6A004.e, 6A008.j.1; (3) Exports or reexports to destinations outside of Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or the United Kingdom of ‘‘technology’’ for the ‘‘production’’ of the following: (a) Items controlled by 6A001.a.1.b, 6A001.a.1.e, 6A001.a.2.a.1, 6A001.a.2.a.2, 6A001.a.2.a.3, 6A001.a.2.a.5, 6A001.a.2.a.6, 6A001.a.2.b, 6A002.a.3, 6A002.b, 6A002.c, 6A003.b.3, 6A003.b.4, 6A004.c, 6A004.d, 6A005.a.1, 6A006.a.2, 6A006.c.1, 6A006.d, 6A006.e, 6A006.g, 6A006.h, 6A008.d, 6A008.h, 6A008.k, 6A008.l.3, 6B008; and (b) Equipment controlled by 6A001.a.2.c and 6A001.a.2.f when specially designed for real time applications; or (4) Exports or reexports to Rwanda. * * * * * ■ 51. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 6 Sensors and ‘‘Lasers’’, ECCN 6E003, List of Items Controlled section the Items paragraph is amended by revising paragraph .d.1, including adding a Technical Note, to read as follows: 6E003 Other ‘‘technology’’ as follows (see List of Items Controlled). * * * * * List of Items Controlled srobinson on DSK4SPTVN1PROD with RULES2 * * * * * Items: * * * * * d. * * * d.1. Optical surface coating and treatment ‘‘technology’’, ‘‘required’’ to achieve an ‘optical thickness’ 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 x 10¥3; N.B.: See also 2E003.f. Technical Note: ‘Optical thickness’ is the mathematical product of the index of VerDate Mar<15>2010 18:23 May 19, 2011 Jkt 223001 refraction and the physical thickness of the coating. * * * * 52. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 7Navigation and Avionics, ECCN 7A001, List of Items Controlled section the Items paragraph is amended by: ■ a. Revising paragraph .a.2; and ■ b. Adding a new Note that appears after paragraph .a.3, to read as follows: a.2. A rate range greater than or equal to 500 degrees per second and having any of the following: a.2.a. A ‘‘bias’’ ‘‘stability’’ of less (better) than 40 degrees per hour, when measured in a 1 g environment over a period of three minutes, and with respect to a fixed calibration value; or a.2.b. An ‘‘angle random walk’’ of less (better) than or equal to 0.2 degree per square root hour; or 7A001 Accelerometers as follows (see List of Items Controlled) and specially designed components therefor. Note: 7A002.a.2.b does not apply to ‘spinning mass gyros’. b. Specified to function at linear acceleration levels exceeding 100 g. * ■ * * * * * * * * * * Items: a. * * * a.2. Specified to function at linear acceleration levels exceeding 15 g but less than or equal to 100 g and having all of the following: * * * * * a.3. * * * Note: 7A001.a.1 and 7A001.a.2 do not apply to accelerometers limited to measurement of only vibration or shock. * * * * * 53. Supplement No. 1 to Part 774 (the Commerce Control List), Category 7Navigation and Avionics, ECCN 7A002, List of Items Controlled section is amended by revising the Items paragraph to read as follows: ■ 7A002 Gyros or angular rate sensors, having any of the following (see List of Items Controlled) and specially designed components therefor. * * * * * List of Items Controlled * * * * * Items: a. Specified to function at linear acceleration levels less than or equal to 100 g and having any of the following: a.1. A rate range of less than 500 degrees per second and having any of the following: a.1.a. A ‘‘bias’’ ‘‘stability’’ of less (better) than 0.5 degree per hour,when measured in a 1 g environment over a period of one month, and with respect to a fixed calibration value; or a.1.b. An ‘‘angle random walk’’ of less (better) than or equal to 0.0035 degree per square root hour; or Note: 7A002.a.1.b does not control ‘spinning mass gyros’. Technical Note: ‘Spinning mass gyros’ are gyros which use a continually rotating mass to sense angular motion. PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 54. Supplement No. 1 to Part 774 (the Commerce Control List), Category 7Navigation and Avionics, ECCN 7A003, List of Items Controlled section the Items paragraph is amended by revising the introductory text of paragraph .d to read as follows: ■ List of Items Controlled 7A003 Inertial systems and specially designed components, as follows. * * * * * List of Items Controlled * * * * * Items: * * * * * d. Inertial measurement equipment including Inertial Measurement Units (IMU) and Inertial Reference Systems (IRS), incorporating accelerometers or gyros controlled by 7A001 or 7A002. * * * * * 55. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 7Navigation and Avionics, ECCN 7E004, List of Items Controlled section the Items paragraph is amended by: ■ a. Revising paragraph .a.3 as set forth below; and ■ b. Removing and reserving paragraph .a.4. ■ 7E004 Other ‘‘technology’’ as follows (see List of Items Controlled). * * * * * List of Items Controlled * * * * * Items: a. * * * a.3. Three dimensional displays for ‘‘aircraft’’; * * * * * 56. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 8—Marine, ECCN 8A001, List of Items Controlled section the Items paragraph is amended by revising paragraph .d.3 to read as follows: ■ E:\FR\FM\20MYR2.SGM 20MYR2 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations control systems capable of actively reducing equipment vibration by the generation of anti-noise or anti-vibration signals directly to the source. 8A001 Submersible vehicles and surface vessels, as follows (see List of Items Controlled). * * * * * List of Items Controlled * * * * * Items: * * * * * d. * * * d.3. Optical data or command link exceeding 1,000 m; * * * * * ■ 57. Supplement No. 1 to Part 774 (the Commerce Control List), Category 8 Marine, ECCN 8A002 is amended by: ■ a. Revising the License Exceptions section; ■ b. Revising paragraphs .i.1, .o.3.b (including adding a Technical Note), .p, and .q in the Items paragraph of the List of Items Controlled section; and ■ c. Adding a new paragraph .r in the Items paragraph of the List of Items Controlled section, to read as follows: 8A002 Marine systems, equipment and components, as follows (see List of Items Controlled). * * * * * License Exceptions LVS: * * * GBS: Yes for 8A002.e.2 and manipulators for civil end-uses (e.g., underwater oil, gas or mining operations) controlled by 8A002.i.2 and having 5 degrees of freedom of movement; and 8A002.r. CIV: Yes for 8A002.e.2 and manipulators for civil end-uses (e.g., underwater oil, gas or mining operations) controlled by 8A002.i.2 and having 5 degrees of freedom of movement; and 8A002.r. List of Items Controlled srobinson on DSK4SPTVN1PROD with RULES2 * * * * * Items: * * * * * i. * * * i.1. Systems which control the manipulator using information from sensors which measure any of the following: i.1.a. Torque or force applied to an external object; or i.1.b. Tactile sense between the manipulator and an external object; or * * * * * o. * * * o.3. * * * o.3.b. ‘‘Active noise reduction or cancellation systems’’ or magnetic bearings, specially designed for power transmission systems; Technical Note: ‘‘Active noise reduction or cancellation systems’’ incorporate electronic VerDate Mar<15>2010 18:23 May 19, 2011 Jkt 223001 p. Pumpjet propulsion systems having all of the following: p.1. Power output exceeding 2.5 MW; and p.2. Using divergent nozzle and flow conditioning vane techniques to improve propulsive efficiency or reduce propulsion-generated underwaterradiated noise; q. Underwater swimming and diving equipment as follows; q.1. Closed circuit rebreathers; q.2. Semi-closed circuit rebreathers; Note: 8A002.q does not control individual rebreathers for personal use when accompanying their users. r. Diver deterrent acoustic systems specially designed or modified to disrupt divers and having a sound pressure level equal to or exceeding 190 dB (reference 1 μPa at 1 m) at frequencies of 200 Hz and below. Note 1: 8A002.r does not apply to diver deterrent systems based on under-waterexplosive devices, air guns or combustible sources. Note 2: 8A002.r includes diver deterrent acoustic systems that use spark gap sources,alsoknown as plasma sound sources. 58. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 9Aerospace and Propulsion, ECCN 9A001, List of Items Controlled section the Items paragraph is amended by revising the introductory text of paragraph .a to read as follows: ■ 9A001 Aero gas turbine engines having any of the following (see List of Items Controlled). * * * * * List of Items Controlled * * * * * Items: a. Incorporating any of the technologies controlled by 9E003.a, 9E003.h, or 9E003.i; or * * * * * 59. Supplement No. 1 to Part 774 (the Commerce Control List), Category 9Aerospace and Propulsion, ECCN 9A003 is amended by revising the Heading to read as follows: ■ ■ 60. PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 29631 9A003 Specially designed assemblies and components, incorporating any of the ‘‘technologies’’ controlled by 9E003.a, 9E003.h or 9E003.i, for any of the following gas turbine engine propulsion systems (see List of Items Controlled). * * * * * 61. Supplement No. 1 to Part 774 (the Commerce Control List), Category 9Aerospace and Propulsion, ECCN 9A991 is amended by adding double quotes around the term ‘‘civil aircraft’’ in paragraph .b of the Items paragraph in the List of Items Controlled section. ■ 62. Supplement No. 1 to Part 774 (the Commerce Control List), Category 9Aerospace and Propulsion, ECCN 9B001 is amended by adding double quotes around the term ‘‘tip shrouds’’ in the Heading. ■ 63. Supplement No. 1 to Part 774 (the Commerce Control List), Category 9Aerospace and Propulsion, ECCN 9B002 is amended by revising the Heading and the Items paragraph of the List of Items Controlled section, to read as follows: ■ 9B002 On-line (real time) control systems, instrumentation (including sensors) or automated data acquisition and processing equipment, having all of the following (See List of Items Controlled). * * * * * List of Items Controlled * * * * * Items: a. Specially designed for the ‘‘development’’ of gas turbine engines, assemblies or components; and b. Incorporating ‘‘technologies’’ controlled by 9E003.h or 9E003.i. 64. Supplement No. 1 to Part 774 (the Commerce Control List), Category 9Aerospace and Propulsion, ECCN 9B008is amended by revising the Heading to read as follows: ■ 9B008 Direct measurement wall skin friction transducers specially designed to operate at a test flow total (stagnation) temperature exceeding 833 K (560≥ C). * * * * * 65. Supplement No. 1 to Part 774 (the Commerce Control List), Category 9Aerospace and Propulsion, ECCN 9D003 is amended by revising the Heading and the Items paragraph in the List of Items Controlled section to read as follows: ■ E:\FR\FM\20MYR2.SGM 20MYR2 29632 Federal Register / Vol. 76, No. 98 / Friday, May 20, 2011 / Rules and Regulations 9D003 ‘‘Software’’ incorporating ‘‘technology’’ specified by 9E003.h and used in ‘‘FADEC Systems’’ for propulsion systems controlled by 9A (except 9A018, 9A990 or 9A991) or equipment controlled by 9B (except 9B990 or 9B991). * * * * * List of Items Controlled * * * * * Items: The list of items controlled is contained in the ECCN heading. ■ 66. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 9Aerospace and Propulsion, ECCN 9D004, List of Items Controlled section the Items paragraph is amended by adding double quotes around the term ‘‘tip shrouds’’ in paragraph .f. ■ 67. Supplement No. 1 to Part 774 (the Commerce Control List), Category 9Aerospace and Propulsion, ECCN 9E001 is amended by revising the License Requirement 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) License Requirements Reason for Control: NS, MT, AT Control(s) Country chart NS applies to ‘‘technology’’ for items controlled by 9A001.b, 9A012, 9B001 to 9B010, 9D001 to 9D004 for NS reasons. MT applies to ‘‘technology’’ for items controlled by 9B001, 9B002, 9B003, 9B004, 9B005, 9B007, 9B105, 9B106, 9B116, 9B117, 9D001, 9D002, 9D003, and 9D004 for MT reasons.. AT applies to entire entry ...... NS Column 1. MT Column 1. srobinson on DSK4SPTVN1PROD with RULES2 18:23 May 19, 2011 9E003 Other ‘‘technology’’ as follows (see List of Items Controlled). License Requirements * * * * * SI applies to 9E003.a.1 through a.8,.h, .i, and .j. See § 742.14 of the EAR for additional information. * * * * * List of Items Controlled * * * * * Items: a. * * * a.8. ‘‘Damage tolerant’’ gas turbine engine rotor components using powder metallurgy materials controlled by 1C002.b; or * AT Column 1. Jkt 223001 * * * * a.10. [RESERVED] N.B.: For adjustable flow path geometry, see 9E003.i. * * * * * PO 00000 Frm 00024 Fmt 4701 Sfmt 9990 i. ‘‘Technology’’ for adjustable flow path systems designed to maintain engine stability for gas generator turbines, fan or power turbines, or propelling nozzles, as follows: i.1. ‘‘Development’’ ‘‘technology’’ for deriving the functional requirements for the components that maintain engine stability; i.2. ‘‘Development’’ or ‘‘production’’ ‘‘technology’’ for components unique to the adjustable flow path system and that maintain engine stability; i.3. ‘‘Development’’ ‘‘technology’’ for the control law algorithms, including ‘‘source code’’, unique to the adjustable flow path system and that maintain engine stability; Note: 9E003.i does not apply to ‘‘development’’ or ‘‘production’’ ‘‘technology’’ for any of the following: a. Inlet guide vanes; b. Variable pitch fans or prop-fans; c. Variable compressor vanes; d. Compressor bleed valves; or e. Adjustable flow path geometry for reverse thrust. * * * * * 69. Supplement No. 3 to Part 774 (Statements of Understanding), adding a new statement of understanding to the end of the supplement to read as follows: Supplement No. 3 to part 774— Statements of Understanding * * * * * ■ Technical Note: ‘‘Damage tolerant’’components are designed using methodology and substantiation to predict and limit crack growth. License Requirement Notes: See § 743.1 of the EAR for reporting VerDate Mar<15>2010 requirements for exports under License Exceptions. * * * * * ■ 68. Supplement No. 1 to Part 774 (the Commerce Control List), Category 9Aerospace and Propulsion, ECCN 9E003 is amended by: ■ a. Revising the SI paragraph in the License Requirements section; ■ b. Adding double quotes around the term ‘‘tip shrouds’’ in paragraphs .a.1, .a.4, and .a.5 in the Items paragraph of the List of Items Controlled section; ■ c. Revising paragraph .a.8 (including adding a Technical Note) in the Items paragraph of the List of Items Controlled section, as set forth below; ■ d. Removing and reserving paragraph .a.10 and adding a Nota Bene (N.B.) in the Items paragraph of the List of Items Controlled section, as set forth below; ■ e. Redesignating paragraph .i as paragraph .j in the Items paragraph of the List of Items Controlled section; and ■ f. Adding a new paragraph .i in the Items paragraph of the List of Items Controlled section to read as follows: Statement of Understanding—Used Goods The specifications in the Commerce Control List apply equally to new or used goods. In the case of used goods, an evaluation by the Bureau of Industry and Security may be carried out in order to assess whether the goods are capable of meeting the relevant specifications. Dated: May 2, 2011. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2011–11134 Filed 5–19–11; 8:45 am] BILLING CODE 3510–33–P E:\FR\FM\20MYR2.SGM 20MYR2

Agencies

[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Rules and Regulations]
[Pages 29610-29632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11134]



[[Page 29609]]

Vol. 76

Friday,

No. 98

May 20, 2011

Part IV





Department of Commerce





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Bureau of Industry and Security



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15 CFR Parts 734, 740, 742 et al.



Wassenaar Arrangement 2010 Plenary Agreements Implementation: Commerce 
Control List, Definitions, Reports; Final Rule

Federal Register / Vol. 76 , No. 98 / Friday, May 20, 2011 / Rules 
and Regulations

[[Page 29610]]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 734, 740, 742, 743, 772, 774

[Docket No. 110124056-1119-01]
RIN 0694-AF11


Wassenaar Arrangement 2010 Plenary Agreements Implementation: 
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, as part 
of the agency's Export Administration Regulations (EAR), the Commerce 
Control List (CCL), which identifies items subject to Department of 
Commerce export controls. This final rule revises the CCL to implement 
changes made to the Wassenaar Arrangement's List of Dual-Use Goods and 
Technologies (Wassenaar List) maintained and agreed to by governments 
participating in the Wassenaar Arrangement on Export Controls for 
Conventional Arms and Dual-Use Goods and Technologies (Wassenaar 
Arrangement, or WA) at the December 2010 WA Plenary Meeting (the 
Plenary). The Wassenaar Arrangement advocates implementation of 
effective export controls on strategic items with the objective of 
improving regional and international security and stability. To 
harmonize the CCL with the changes made to the Wassenaar List at the 
Plenary, this rule amends entries on the CCL that are controlled for 
national security reasons in Categories 1, 2, 3, 4, 5 Parts I & II, 6, 
7, 8, and 9, revises reporting requirements, and adds and amends 
definitions in the EAR.

DATES: Effective Date: This rule is effective: May 20, 2011.

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

Category 1: Michael Rithmireat 202-482-6105
Category 2: George Loh at 202-482-3570
Category 3: Brian Baker at 202-482-5534
Category 4: Joseph Young at 202-482-4197
Category 5 Part 1: Joseph Young at 202-482-4197
Category 5 Part 2: C. Randall Pratt at 202-482-0707
Category 6: Chris Costanzo at 202-482-0718 (optics), John Varesi 202-
482-1114 (sensors & cameras) and Mark Jaso at 202-482-0987 (lasers)
Category 7: Daniel Squire at 202-482-3710
Category 8: Darrell Spires at 202-482-1954
Category 9: Gene Christensen at 202-482-2984

SUPPLEMENTARY INFORMATION: 

Background

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

Revisions to the Commerce Control List

    This rule revises the following 53 ECCNs on the Commerce Control 
List (CCL) to implement the changes to the Wassenaar List of Dual-Use 
Goods and Technologies agreed to at the December 2010 WA Plenary 
meeting: 1A002, 1A004, 1B001, 1C003, 1C006, 1C008, 1C010, 1C011, 1C111, 
2A001, 2B001, 2B005, 2B006, 3A001, 3A002, 3A991, 3B001, 3C001, 3E001, 
4A001, 5A001, 5D001, 5E001, 5A002, 5D002, 5E002, 6A001, 6A002, 6A003, 
6A005, 6A006, 6A008, 6D001, 6D003, 6E001, 6E002, 6E003, 7A001, 7A002, 
7A003, 7E004, 8A001, 8A002, 9A001, 9A003, 9A991, 9B001, 9B002, 9B008, 
9D003, 9D004, 9E001 and 9E003. These changes are described in more 
detail below.

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

    ECCN 1A002 is amended by:
    Removing the phrase ``finished or'' from Notes 2 and 3, because 
finished products are not generally specified based on the materials 
they contain.
    Adding a new Note 4 to convey that ECCN ``1A002 does not apply to 
finished items specially designed for a specific application.''
    ECCN 1A004 is amended by:
    Deleting the phrase ``Nuclear, biological and chemical (NBC)'' from 
1A004.c, because it conflicts with the list in 1A004.c, as it is 
missing radioactive materials, and is redundant to the list.
    Changing the format of the civil industries from a narrative list 
to an enumerated list formatin paragraph (b) of the Note to 1A004 that 
is located after the Notes to paragraph 1A004.d, as well as replacing 
the ``and'' to ``or'' between the phrases ``residential safety'' and 
``civil industries'' in this same paragraph (b) of this same Note. 
These changes are made to clarify the meaning of the note.
    ECCN 1B001 is amended by:
    Adding the phrase ``specially designed or modified,'' removing the 
words ``to manufacture,'' and adding the word ``for'' to paragraph 
1B001.c to clarify that common textile weaving and interlacing machines 
are not intended to be controlled. In addition, the note is removed 
because the new text makes the note unnecessary.
    ECCN 1C003 is amended by replacing, for the sake of clarity, the 
phrase ``initial permeability'' with ``initial relative permeability'' 
in the technical note of paragraph 1C003.a.
    ECCN 1C006 is amended by:
    Revising the format of the parameters in 1C006.c from a narrative 
to a cascaded list format to clarify the text.
    Removing 1C006.e to correct the text. This paragraph was the last 
paragraph of a technical note that was moved in 2009 from 1C006.d to 
the end of 1C006.a.2.e. This paragraph was inadvertently not removed 
when the technical note was moved.
    ECCN 1C008 is amended by:
    Removing ``Non-fluorinated polymeric substances'' and adding in its 
place ``Imides'' in 1C008.a, and adding the word ``compounds'' to 
1C008.b.1, to better describe the scope of the paragraphs that follow.
    Adding ``(PAI) having a `glass transition temperature 
(Tg)' exceeding 563 K (290[deg] C)'' to 1C008.a.2--Aromatic 
polyamide-imides, which adds a temperature property as a parameter.
    Adding the word ``compounds'' to 1C008.b.1 to add a more complete 
description of the scope of the paragraphs that follow.
    Removing the CAS numbers for all the compounds in 1C008.b.1.a, 
because CAS numbers are used to describe specific substances, not 
compounds.

[[Page 29611]]

    Adding the word ``acids'' to 1C008.b.2 to better describe the scope 
of the paragraphs that follow.
    Adding a new sentence about the PAI test to the technical note at 
the end of the items paragraph of 1C008.PAI varnishes are sometimes 
sold and these contain PAI polymers that are only partially 
polymerized. The added language therefore explains that the 
Tg parameter should be determined using a PAI specimen that 
is properly cured to reach a maximum capability.
    ECCN 1C010 is amended by:
    Revising the narrative format to a cascaded format in Note 2 to 
1C010.e, in order to add a new paragraph (b) to this note to convey 
that ``Fully or partially resin-impregnated or pitch-impregnated 
mechanically chopped, milled or cut carbon ``fibrous or filamentary 
materials'' 25.0 mm or less in length when using a resin or pitch other 
than those specified by 1C008 or 1C009.b.'' are not controlled under 
1C010.e.
    Amending the technical note at the end of ECCN 1C010 by splitting 
it into two separate sentences (ending the first sentence after 
``specimen''), for better readability and clarity. Also, this rule 
removes the phrase ``with a minimum 90% degree of cure'' and adding in 
its place ``In the case of thermoset materials, degree of cure of a dry 
test specimen shall be a minimum of 90%'' to clarify the scope of 
``degree of cure'' in the definition for `Dynamic Mechanical Analysis 
glass transition temperature (DMA Tg)'.
    ECCN 1C011 is amended by:
    Revising the Missile Technology (MT) paragraph in the License 
Requirements section because WA has now aligned with the Missile 
Technology Control Regime in controls for boron and boron alloys; 
therefore, the parenthetical phrase ``for boron'' is removed and the MT 
control applies to both the boron and the boron alloy in 1C011.b.
    Adding a new sentence to number 2 of the Related Controls paragraph 
to indicate that ``the following are subject to the export licensing 
authority of the U.S. Department of State, Directorate of Defense Trade 
Controls'' and adding ``metal powders mixed with other substances to 
form a mixture formulated for military purposes'' to the end of the 
existing list that includes materials controlled by 1C011.a.
    Replacing the word ``carbide'' with ``alloys'' in 1C011.b for 
boron, and cascading the parameters in two new paragraphs 1C011.b.1 and 
1C001.b.2 in order to align with controls under the Missile Technology 
Control Regime, to make the text more clear, and to recognize the 
foreign availability and decreased use of boron carbide for military 
uses.
    ECCN 1C111 is amended by adding a note 3 to the Related Controls 
paragraph to reference ECCN 1C011 for boron and boron alloys, and by 
removing paragraph 1C111.a.2.b ``Boron alloys with a purity of 85% by 
weight or more'' because this control is now in 1C011.b.

Category 2--Materials Processing

    ECCN 2A001 is amended by:
    Removing reference to 2A001.b from the License Exceptions GBS and 
CIV eligibility paragraphs in ECCN 2A001, because this paragraph is 
removed and reserved by this rule.
    Removing one of the standards ``or ANSI/ABMA Std 20 Tolerance Class 
ABEC-7 or RBEC-7'' from paragraph 2A001.a and leaving only ``or other 
national equivalents'' because this language sufficiently describes the 
applicable standard for the control.
    Removing and reserving paragraph 2A001.b, that controlled specified 
ball bearings and solid roller bearings because of the wide foreign 
availability of these commodities.
    ECCN 2B001 is amended by removing the phrase ``Having two or more 
rotary axes and all of the following'' and adding in its place ``At 
least two rotary axes having all of the following'' to clarify the 
scope of the 2B001.e.2.
    ECCN 2B005 is amended by removing the phrase ``allowing for the'' 
and adding in its place ``capable of'' to clarify the control in the 
introductory text of 2B005.g.
    ECCN 2B006 is amended by:
    Replacing the phrase ``indication (MPEE)'' with ``length 
measurement (E0,MPE)'' to harmonize with the new ISO 
standard and replacing the year of the ISO standard from ``2001'' to 
``2009'' in 2B006.a.
    Replacing the acronym ``MPEE'' with ``E0,MPE'' in the 
Technical Note following 2B006.a to harmonize with the new ISO 
standard.
    Replacing the phrase ``Machine tools, which'' with ``2B006 includes 
machine tools, other than those specified by 2B001, that'' to clarify 
the Note following paragraph 2B006.c.
    Removing two superfluous phrases ``are controlled'' and ``the 
machine tool function or'' from the Note following paragraph 2B006.c.

Category 3--Electronics

    ECCN 3A001 is amended by:
    Removing paragraph 3A001.a.4 from the License Exception CIV 
eligibility paragraph in the License Exceptions section, because 
3A001.a.4 is removed by this rule.
    Removing and reserving paragraph 3A001.a.4 ``Storage integrated 
circuits manufactured from a compound semiconductor,'' because the 
circuits of concern are covered by 3A001.a.2.
    Adding the word ``Converter'' to ``Analog-to-Digital,'' adding 
capitalization, and adding the acronyms (ADC) and (DAC) to paragraph 
3A001.a.5.
    Replacing ``Analog-to-digital converters'' with ``ADCs'' in 
3A001.a.5.a and Note 2 of the technical note located after 3A001.a.5.b 
for consistency.
    Revising the output rate for Analog-to-Digital Converters (ADCs) in 
3A001.a.5.a.2, a.5.a.3, a.5.a.4, and a.5.a.5 from ``200 million words 
per second'' to ``300 million words per second,'' ``105 million words 
per second'' to ``200 million words per second,'' ``10 million words 
per second'' to ``125 million words per second,'' and ``2.5 million 
words per second'' to ``20 million words per second,'' respectively. 
These revisions are made because the speeds and capabilities of digital 
signal processing have advanced significantly since the last revision 
to these control parameters.
    The Technical Notes that appeared after paragraph 3A001.a.5.b are 
moved to after 3A001.a.5.a.5. In addition, this rule moves the last 
half of Technical Note 3 to Note 6 and moves Note 4 to Note 7, and adds 
new notes 4, 5, 8, and 9 to address aggregation of ADCs.
    Revising the parameters for Digital-to-Analog Converters (DAC) in 
3A001.a.5.b to better describe the crucial benchmarks for evaluating 
DAC devices, as well as adding four new technical notes that include 
two new technical terms: ``adjusted update rate'' and ``Spurious Free 
Dynamic Range'' (SFDR).
    Revising the upper threshold of the frequency parameter from 6 GHz 
to 6.8 GHz for Microwave Monolithic Integrated Circuits (MMIC) power 
amplifiers in paragraphs 3A001.b.2.a and b.2.b, for discrete microwave 
transistors in paragraphs 3A001.b.3.a and b.3.b, for microwave solid 
state amplifiers and microwave assemblies/modules containing microwave 
solid state amplifiers in paragraphs 3A001.b.4.a and b.4.b, and for the 
technology for the development or production of MMIC power amplifiers 
in paragraphs 5E001.d.1 and d.2, because the prevalent bands for 
commercial satellite communications are 5.7 GHz to 6.7 GHz.
    Adding a new parameter to paragraphs 3A001.b.2.d and b.2.f that 
reads ``and with an average output power greater than 0.1 nW'' for 
MMICs to narrow the scope of controls.
    Removing and reserving Note 1 to 3A001.b.2 relating to broadcast 
satellite

[[Page 29612]]

equipment, because this entry controls components, not equipment.
    Adding the words ``product group'' to Note 3 to 3A001.b.2 to 
clarify the text.
    Adding a new parameter to paragraphs 3A001.b.3.e that reads ``and 
with an average output power greater than 0.1 nW'' for discrete 
microwave transistors to narrow the scope of this control.
    Adding a new parameter to paragraphs 3A001.b.4.c and b.4.e that 
reads ``and with an average output power greater than 0.1 nW'' for 
microwave solid state amplifiers and microwave assemblies/modules 
containing microwave solid state amplifiers to narrow the scope of 
controls for these items.
    Removing and reserving Note 1 after 3A001.b.4.f.3 concerning 
broadcast satellite equipment, because 3A001 does not control equipment 
but components, in this case Microwave or Millimeter Wave Components. 
In addition, Note 1 is not necessary, because MMICs specially designed 
for satellite broadcast equipment are not controlled by Category 3 
pursuant to Note 1 at the beginning of Category 3.
    Removing the phrase ``from one selected frequency to another'' from 
3A001.b.11 because it is redundant with the term ``frequency 
switching.''
    ECCN 3A002 is amended by:
    Revising the parameters for radio-frequency signal analyzers in 
paragraphs 3A002.c to revise control thresholds to more accurately 
differentiate between commercial/civilian applications and applications 
of strategic concern by changing the controls from frequency only to a 
combination of frequency and other parameters. This change includes the 
redesignation of 3A002.c.3 to c.4 and the addition of a new paragraph 
3A002.c.3.
    Revising and rearranging the narrative in 3A002.c.1 to more clearly 
describe the radio-frequency signal analyzers.
    This rule introduces a new parameter, ``Displayed Average Noise 
Level,'' in 3A002.c.2. This control protects the applications 
(principally advanced radar) that are of national security concern. 
Specifically, this revision relaxes the controls in 3A002.c.2 by adding 
the additional control parameter, ``Displayed Average Noise Level,'' 
that applies to the current frequency parameter of between 43.5 and 70 
GHz.
    Adding a new control in 3A002.c.3 for signal analyzers having a 
frequency exceeding 70 GHz.
    Revising the ``real-time bandwidth'' for ``dynamic signal 
analyzers'' from ``500 kHz'' to ``40 MHz'' in the newly designated 
paragraph 3A002.c.4 to respond to emerging communications standards and 
available test equipment as ``dynamic signal analyzers'' approach 40 
MHz in bandwidth.There is growing application of ``dynamic signal 
analyzers'' with ``real-time bandwidth'' above 40 MHz bandwidth in 
military applications.
    Replacing the reference in the Note following 3A002.c.4 from 
``3A002.c.3'' to ``3A002.c.4'' to harmonize it with the addition of 
paragraph 3A002.c.3.
    Revising paragraphs 3A002.d.1, d.2 and the introductory text to d.4 
relating to frequency synthesized signal generators to revise control 
thresholds to more accurately differentiate between purely civilian 
applications and those of strategic concern. These revisions are being 
implemented by changing the entry from one solely based on frequency to 
a combination of frequency and other parameters, such as output power.
    Revising 3A002.d.3.e and adding d.3.f to clarify the frequency 
switching controls by defining switching times and windows within the 
range 43.5-70 GHz.
    Revising the introductory text for 3A002.d.4 to add an upper limit 
to the frequency switching control of 70 GHz.
    Removing an ``or'' at the end of paragraph 3A002.d.3.d and adding 
it to the end of paragraph 3A002.d.3.e, because of the addition of new 
paragraph d.3.f. An ``or'' is added at the end of paragraph 
3A002.d.4.b, because of the addition of new paragraph 3A002.d.5. These 
controls protect the applications (principally advanced radar) that are 
of national security concern. Finally, the umbrella control on signal 
generators ``> 70 GHz'' is moved to new paragraph 3A002.d.5. 
Specifically, this revision relaxes the frequency threshold from the 
current value of 43.5 GHz to 70 GHz by clarifying that other control 
parameters apply between 43.5 and 70 GHz. This approach addresses 
emerging civilian telecommunications standards in the 56-67 GHz band by 
defining performance parameters.
    ECCN 3A991 is amended by replacing the control level for Analog-to-
Digital Converters (ADCs) in paragraph 3A991.c with the former control 
levels for ADCs in ECCN 3A001.a.5.a. Therefore, ADCs in 3A991.c.1 
having a resolution of 8 bit or more, but less than 12 bit are amended 
by revising the output rate from ``greater than 100 million words per 
second'' to ``greater than 200 million words per second.'' ADCs in 
3A991.c.2 having a resolution of 12 bit are amended by revising the 
output rate from ``greater than 5 million words per second'' to 
``greater than 105 million words per second.'' ADCs in 3A991.c.3 having 
a resolution of more than 12 bit but equal to or less than 14 bit are 
amended by revising the output rate from ``greater than 500 thousand 
words per second'' to ``greater than 10 million words per second.'' 
ADCs in 3A991.c.4 having a resolution of more than 14 bit are amended 
by revising the output rate from ``greater than 500 thousand words per 
second'' to ``greater than 2.5 million words per second.'' These 
changes are made because of the technological advances in the field of 
ADCs and because raising the control level for ADCs destined to anti-
terrorism countries will not pose a national security threat to the 
United States.
    Pursuant to the EAR, those ADCs that are now classified as EAR99 
still require a license for export to Cuba, North Korea, and Syria, 
because a license is required for export of all items subject to the 
EAR to these countries. EAR99 ADCs destined to Iran and Sudan may 
require a license pursuant to the EAR if destined to a restricted end-
user or end-use. (See General Prohibitions 4 through 10 in Part 736 of 
the EAR.) Also note that the Treasury Department's Office of Foreign 
Assets Control (OFAC) administers comprehensive trade embargoes against 
Iran and Sudan, and exports or reexports of EAR99 ADCs to those 
countries are subject to OFAC's regulations. See 31 CFR part 538--the 
Sudanese Sanctions Regulations and 31 CFR part 560--the Iranian 
Transactions Regulations.
    ECCN 3B001 is amended by:
    Revising the critical dimension of semiconductor devices by plasma 
enhanced Chemical Vapor Deposition (CVD) equipment from ``180 nm or 
less'' to ``65 nm or less'' in paragraph 3B001.d.1 and d.2 to account 
for technical advances in the industry of semiconductor manufacturing.
    Capitalizing ``Minimum Resolvable Feature'' size and adding the 
acronym (MRF) in paragraph 3B001.f.1.b and in the technical note that 
follows.
    Revising the feature size from ``180 nm'' to ``95 nm'' for align 
and expose step and repeat (direct step on wafer) or step and scan 
(scanner) equipment in 3A001.f.1.b and for imprint lithography 
equipment in paragraph 3B001.f.2.
    Revising the K factor from ``0.45'' to ``0.35'' in the Technical 
Note following 3B001.f.1.b to align with advancing technology.
    ECCN 3C001 is amended by removing the text in the Related 
Definitions paragraph of the List of Items Controlled section and 
adding in its place ``N/A'' to correct the Related Definitions 
paragraph.

[[Page 29613]]

    ECCN 3E001 is amended by revising the parameter in paragraph (a) of 
Note 2 from ``of 0.5 [micro]m or more; and'' to ``at or above 0.130 
[micro]m,'' to accommodate advances in technology and increasing civil 
application of that technology.
    Replacing the current text in paragraph (b) of Note 2 ``Not 
incorporating multi-layer structures'' with ``Incorporating multi-layer 
structures with three or fewer metal layers'' to expand the exclusion 
note.
    In addition, this rule removes the technical note in Note 2 of 
3E001 because the note is no longer necessary due to the revision to 
paragraph (b) of Note 2.

Category 4--Computers

    ECCN 4A001 is amended by:
    Adding the phrase ``or ``civil aircraft'''' to the Note to 
4A001.a.1, because some civil aircraft computers often reach the 
thresholds in 4A001.
    Revising the single event upset rate in 4A002.a.2.c from ``1 x 
10^-7'' to ``1 x 10^-8'' because of advances in 
this technology. A Note is added to 4A001.a.2 to clarify that this 
provision does not apply to computers specially designed for ``civil 
aircraft'' applications to prevent this control from inadvertently 
capturing onboard civil aircraft computers.

Category 5 Part I-- Telecommunications

    Category 5 Part 1 is amended by adding a second Nota Bene (N.B.2.) 
after Note 1 at the beginning of the category to close a potential 
loophole in relation to items incorporating or using cryptography or 
other ``information security'' functionality, including encryption, 
``cryptanalysis'' and ``cryptographic activation.'' Note 1 could be 
read to require that all telecommunications items should only be 
classified using Category 5 Part 1 even if they incorporate or use 
cryptography or other ``information security'' functionality, when, in 
fact, the control status of ``information security'' items is 
determined using Category 5 Part 2 . The second Nota Bene clarifies 
that any item that is designed for telecommunications and incorporates 
or uses cryptography should also be classified using Category 5 Part 2.
    ECCN 5A001 is amended by:
    Replacing the text in paragraph 5A001.c with the text in paragraph 
5A001.c.1 ``Optical fiber communication cables, optical fibers and 
accessories, as follows:''. Also, adding an ``and'' between ``length'' 
and ``specified'' in the new 5A001.c (former 5A001.c.1). The Nota Bene 
(N.B. 1) that reads ``For underwater umbilical cables, and connectors 
thereof, see 8A002.a.3.'' is moved from 5A001.c.2 to after 5A001.c, 
revised by removing the phrase ``, and connectors thereof'' and 
relabeled from ``N.B. 1'' to ``N.B.''
    5A001.c.2, the exclusion Note and Nota Bene 2 that follows it are 
deleted, because they no longer serve a purpose.
    Replacing ``electronic'' with ``radio frequency (RF) transmitting'' 
and replacing ``Radio Controlled Improvised Explosive Devices (RCIED)'' 
with ``Improvised Explosive Devices (IEDs)'' in paragraph 5A001.h to 
clarify the text. Also, adding a new reference to ECCN 5A001.f in the 
Nota Bene of 5A001.h to reference 5A001.f and Category XI of the ITAR 
where radio transmission equipment is controlled. In addition, 5A001.h 
is moved from NS Column 2 controls to NS Column 1 controls because 
Radio Frequency (RF) transmitting equipment designed or modified for 
prematurely activating or preventing the initiation of Improvised 
Explosive Devices (IEDs) are now listed on the Wassenaar Arrangement's 
Very Sensitive List. License Exceptions LVS, GBS, and CIV are no longer 
available, for 5A001.h items because they have been added to the 
Wassenaar Arrangement's Very Sensitive List.
    ECCN 5D001 is amended by:
    Revising the License Exceptions section by removing License 
Exception CIV eligibility for ``software'' controlled by 5D001.a and 
specially designed for the ``development'' or ``production'' of items 
controlled by 5A001.h; and removing License Exception TSR eligibility 
for exports and reexports to destinations outside of Austria, Belgium, 
Canada, Denmark, Finland, France, Germany, Greece, Ireland, Italy, 
Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or the 
United Kingdom of ``software'' controlled by 5D001.a and specially 
designed for the ``development'' or ``production'' of items controlled 
by 5A001.h. ``Software'' controlled by 5D001.a and specially designed 
for the ``development'' or ``production'' of items controlled by 
5A001.h are on the Wassenaar Arrangement's Very Sensitive List.
    ECCN 5E001 is amended by:
    Removing License Exception TSR eligibility for exports or reexports 
to destinations outside of Austria, Belgium, Canada, Denmark, Finland, 
France, Germany, Greece, Ireland, Italy, Japan, Luxembourg, the 
Netherlands, Portugal, Spain, Sweden, or the United Kingdom of 
``technology'' controlled by 5E001.a for the ``development'' or 
``production'' of items controlled by 5A001.h; or``software'' 
controlled by 5D001.a that is specially designed for the 
``development'' or ``production'' of equipment, functions or features 
controlled by 5A001.h.
    Adding a new Note for 5E001.b.4 to exclude ``technology'' for the 
``development'' of civil cellular radio-communications systems from 
control under 5E001, because this technology is commercial and does not 
warrant national security controls.
    Raising the frequency parameter from 6.0 GHz to 6.8 GHz for 
technology for the ``development'' and ``production'' of Microwave 
Monolithic Integrated Circuit (MMIC) power amplifiers specially 
designed for telecommunications in 5E001.d.1 and d.2, because a primary 
segment of the high power amplifier market is for commercial satellite 
communications (TV and Internet traffic) and meteorological radar 
within the standard ITU bands. The prevalent bands for commercial 
satellite communications are 5.7GHz to 6.7 GHz and 13.75GHz to 14.5GHz.

Category 5 Part II--``Information Security''

    ECCN 5A002 is amended by:
    Revising the EI paragraph in the License Requirements section to 
add paragraph 5A002.b.
    Revising Note 1 in the Related Controls paragraph of the List of 
Items Controlled section to add paragraph (j) to the first sentence, as 
paragraph (j) has been added to the decontrol Note of ECCN 5A002.
    Replacing a period with a semicolon in paragraph (a)(2) of the Note 
at the beginning of the Items paragraph of the List of Items Controlled 
section to correct the punctuation.
    Removing ``or'' from paragraph .g and removing the period at the 
end of paragraph .i and adding in its place ``; or'' in the Note at the 
beginning of the Items paragraph of the List of Items Controlled 
section.
    Adding a new paragraph .j to the decontrol notes in ECCN 5A002 for 
equipment where the encryption cannot be used or can only be made 
useable by means of ``cryptographic activation,'' as specified, as well 
as adding a new Nota Bene (N.B.) to reference 5A002.a for equipment 
that has undergone ``cryptographic activation.'' This new note is added 
to clarify the treatment of equipment with dormant cryptography.
    Adding a new control paragraph 5A002.b to control systems, 
equipment, application specific electronic assemblies, modules and 
integrated circuits, designed or modified to enable an item to achieve 
or exceed the controlled performance levels for functionality specified 
by 5A002.a that

[[Page 29614]]

would not otherwise be enabled. This addition is made to address the 
issue of mechanisms that are used to upgrade the cryptographic 
functionality of equipment to performance levels specified by 5A002.a, 
when the equipment would not be controlled under 5A002.a (i.e., would 
not perform controlled cryptographic functions) without these upgrades.
    These changes are intended to clarify existing policy regarding the 
treatment of products with dormant cryptography. They are not a new 
control on these products.
    ECCN 5D002 is amended by:
    Revising the EI control paragraph by removing the phrase ``5D002.a 
or c.1'' and adding in its place ``5D002.a,.c.1, or .d'' in the License 
Requirements section.
    Adding a new paragraph 5D002.d to control ``software'' designed or 
modified to enable an item to achieve or exceed the controlled 
performance levels for functionality specified by 5A002.a that would 
not otherwise be enabled. This addition is made to address the issue of 
mechanisms that are used to upgrade the cryptographic functionality of 
equipment or ``software'' to performance levels specified by 5A002.a 
(note: 5D002 ``software'' is classified according to performance levels 
specified by 5A002), when the equipment or ``software'' would not be 
controlled under 5A002.a or 5D002 (i.e., would not perform controlled 
cryptographic functions) without these upgrades.
    ECCN 5E002 is amended by:
    Moving the text of the Heading to 5E002.a and adding in its place 
``Technology'' as follows:''
    Revising the EI control paragraph in the License Requirement 
section by removing the phrase ``ECCNs 5A002 or 5D002.a or 5D002.c'' 
and adding in its place ``ECCNs 5A002 or 5D002'' to succinctly indicate 
what is EI controlled under ECCN 5E002.
    Removing the text following the Items paragraph, which states ``The 
list of items controlled is contained in the ECCN heading'' and adding 
in its place a control paragraph 5E002.a to control ``technology'' 
according to the General Technology Note for the ``development,'' 
``production'' or ``use'' of equipment specified by 5A002 or 5B002 or 
``software'' specified by 5D002.a or 5D002.c. Prior to the addition of 
a new ``technology'' control paragraph to address the issue of 
``cryptographic activation,'' ECCN 5E002 did not have any specified 
control paragraphs. The 5E002 Heading text in place prior to this rule 
is now the text of the new paragraph 5E002.a.
    Adding a control paragraph 5E002.b to control ``technology'' to 
enable an item to achieve or exceed the controlled performance levels 
for functionality specified by 5A002.a that would not otherwise be 
enabled. This addition is made to address the issue of mechanisms that 
are used to upgrade the cryptographic functionality of equipment or 
``software'' to performance levels specified by 5A002.a, when the 
equipment or ``software'' would not be controlled under 5A002.a or 
5D002 (i.e., would not perform controlled cryptographic functions) 
without these upgrades.

Category 6--Sensors and Lasers

    ECCN 6A001 is amended by:
    Removing 6A001.c from License Exceptions LVS, GBS and CIV 
eligibility in the License Exceptions section, because this paragraph 
is moved to ECCN 8A002.r.
    Adding a new control for acoustic seabed survey equipment in 
6A001.a.1.a because of the usefulness of this equipment in military 
reconnaissance, including subparagraphs 6A001.a.1.a.1 (surface vessel 
survey equipment), a.1.a.2 (underwater survey equipment designed for 
seabed topographic mapping), and a.1.a.3 (Side Scan Sonar (SSS) or 
Synthetic Aperture Sonar (SAS), designed for seabed imaging).
    Removing the parenthetical phrase in 6A001.a.2 that read 
``receiving, whether or not related in normal application to separate 
active equipment'' because it is guidance about the control that 
belongs in a Note. A new Note is added to 6A001.a.2 to provide this 
guidance about the control.
    Moving ECCN 6A001.c (diver deterrent acoustic systems) to ECCN 
8A002.r, because the specified diver deterrent systems have no 
capability to detect divers and are only used to deter divers. This 
rule designates 6A001.c as reserved.
    New Nota Bene (N.B.) is added to reference 8A002.r for controls on 
diver deterrent acoustic systems.
    ECCN 6A002 is amended by adding a Note to 6A002.d.3 to exclude 
encapsulated optical sensing fibers specially designed for bore hole 
sensing applications, because these fibers have limited use outside of 
the intended application.
    ECCN 6A003 is amended by correcting the abbreviation for 
Instantaneous Field of View (IFOV) in two places where it is listed as 
FOV in the technical note following paragraph (b)(4)(b) of Note 3 to 
6A003.b.4.b.
    ECCN 6A005 is revised by:
    Adding a new Note to 6A005.c.1 to exclude dye lasers or other 
liquid lasers with specified parameters to correct the roll-back on 
controls resulting from the WA 2005 agreements.
    Replacing a period with a semicolon in 6A005.f.4, because a new 
paragraph follows.
    Adding a new paragraph 6A005.g to control laser acoustic detection 
equipment, and includes a technical note that reads ``laser acoustic 
detection equipment is sometimes referred to as a laser microphone or 
particle flow detection microphone.'' This equipment can be used as a 
surreptitious listening device over very long distances.
    ECCN 6A006 is amended by:
    Adding 6A006.e to the list of items excluded from License Exception 
LVS eligibility, because it has been added to the Wassenaar 
Arrangement's Sensitive List.
    Removing ``and'' from 6A006.c.3 and replacing a period with a 
semicolon in 6A006.d, because this rule adds a new paragraph.
    Adding a new paragraph 6A006.e to control specified Underwater 
ElectroMagnetic Receivers (UEMR). The UEMR can be used in civil 
applications, such as oil and gas exploration, as well as for military 
purposes such as mine/vessel detection and alerting.
    ECCN 6A008 is amended by:
    Removing 6A008.l.3 from the License Exception LVS eligibility 
paragraph, because this rule removes and reserves this paragraph.
    Adding an ``or'' to the end of 6A008.l.1 to harmonize it with 
changes in this ECCN;
    Removing and reserving 6A008.l.2 and l.3, because these parameters 
for radar data processing sub-systems are no longer key or major 
criteria to determining whether these commodities are usable for 
military applications;
    Revising 6A008.l.4 by adding the phrase ``Configured to provide'' 
at the beginning, replacing the phrase ``in real time'' with ``within 
six seconds,'' and adding the phrase ``specified by 6A008.f, or 
6A008.i.'' to clarify the control parameter; and
    Adding a Nota Bene to reference a related control in the U.S. 
Munitions List (22 CFR part 121).
    ECCN 6D001 is amended by adding 6A004.c and d, and 6A008.d, h, and 
k to paragraph 3 of the License Exception TSR paragraph, because these 
ECCN subparagraphs are listed on the Wassenaar Arrangement's Sensitive 
List.
    ECCN 6D003 is amended by:
    Adding two new paragraphs 6D003.f.3 and f.4 to control ``software'' 
and ``source code,'' specially designed for ``real time processing'' of 
electromagnetic data using underwater electromagnetic receivers 
specified by 6A006.e, because this source code and software is

[[Page 29615]]

essential for the use of Underwater ElectroMagnetic Receivers (UEMR).
    Adding the phrase ``designed to be'' between ``programs'' and 
``hosted'' in paragraph 6D003.h.1 to clarify that software to be 
exported is controlled not only when it has been loaded onto a general 
purpose computer, but also prior to loading onto such a computer.
    ECCN 6E001 is amended by:
    Revising the Heading by removing the reference to 6A018 (because 
ECCN 6A018 was removed from the CCL on July 30, 2004 (69 FR 46086)) and 
adding a missing closing parenthetical to the end of the Heading; and
    Revising paragraph 4 of License Exception TSR by replacing 
6A001.a.1.b.1 with 6A001.a.1.b, and adding 6A001.a.1.e, a.2.d; 
6A002.a.1.a, a.1.b, a.2.a, a.2.b, a.3, b, and c; 6A003.b.3, b.4; 
6A004.c and d; 6A005.a.1; 6A006.a.2, c.1, d, e, g, and h; 6A008.d, h, 
and k. These revisions are made to conform to the Wassenaar 
Arrangement's Sensitive List.
    ECCN 6E002 is amended by:
    Revising the Heading by removing the reference to 6A018 (because 
ECCN 6A018 was removed from the CCL on July 30, 2004 (69 FR 46086)).
    Revising paragraph 3 of License Exception TSR by replacing the word 
``development'' with ``production'' to correct this paragraph, replace 
6A001.a.1.b.1 with 6A001.a.1.b, moving 6A001.a.2.c to paragraph (b) of 
this paragraph, adding 6A002.a.3, 6A002.b, 6A002.c, 6A003.b.3, 
6A003.b.4, 6A004.c, 6A004.d, 6A005.a.1, 6A006.a.2, 6A006.c.1, 6A006.d, 
6A006.e, 6A006.g, 6A006.h, 6A008.d, 6A008.h, 6A008.k, 6A008.l.3, 6B008, 
replacing 6A001.a.2.e with 6A001.a.2.c in paragraph (b) of this 
paragraph, and removing paragraph (c) of this paragraph 3. These 
revisions are made to conform to the Wassenaar Arrangement's Sensitive 
List.
    ECCN 6E003 is amended by adding the phrase ``an `optical 
thickness''' between ``achieve'' and ``uniformity'' in paragraph 
6E003.d.1 to add clarity to the parameter, as well as adding a 
technical note to this paragraph to define `optical thickness.'

Category 7--Navigation and Avionics

    ECCN 7A001 is amended by:
    Adding the phrase ``but less than or equal to 100 g'' after ``15g'' 
in 7A001.a.2 for linear accelerometers, to prevent an overlap of 
control between 7A001 and 7A002.
    Adding a note for 7A001.a.1 and a.2 to exclude accelerometers 
limited to measuring only vibration or shock.
    ECCN 7A002 is amended by:
    Adding new parameters to control gyros or angular rate sensors in 
7A002.a and .b to address an overlap of controls between 7A001 and 
7A002.
    Adding a new Note for 7A002.a.2.b to exclude `spinning mass gyros' 
from 7A002 controls.
    ECCN 7A003 is amended by removing the phrase ``and specially 
designed components therefor'' from 7A003.d, because this phrase is 
redundant. The specially designed components of concern are the 
accelerometers and gyros that are already controlled in the text of 
7A003.d.
    ECCN 7E004 is amended by:
    Removing the phrase ``Raster-type head-up displays or'' from 
7E004.a.3, because cathode ray tube and related raster scanning 
technology is outdated and no longer represents the standard for 
display technology.
    Removing and reserving specified inertial navigation systems or 
gyro-astro compasses in 7E004.a.4, because this technology is covered 
by ECCNs 7E001 and 7E002.

Category 8--Marine

    ECCN 8A001 is amended by:
    Removing the word ``Fiber'' from paragraph 8A001.d.3 and replacing 
``optic'' with ``optical,'' because this paragraph addresses parameters 
for untethered submersible vehicles, which, by definition, are not 
tethered by fiber.
    ECCN 8A002 is amended by:
    Adding paragraph 8A002.r to License Exceptions GBS and CIV, because 
this paragraph was moved from 6A001.c, which was eligible for these 
license exceptions.
    Cascading the parameters in paragraph 8A002.i.l to make clear that 
remotely controlled articulated manipulators specially designed for use 
with submersibles vehicles are controlled when the system that controls 
the manipulators uses either measured or detected information from 
tactile sensors.
    Adding single quotes around the term `active noise reduction or 
cancellation systems' in paragraph 8A002.o.3.b and moving some of the 
text of 8A002.o.3.b into a new technical note that defines `active 
noise reduction or cancellation systems' to move definitional text out 
of the parameter paragraph.
    Cascading the text in 8A002.p to make it clear that both the 
``power output'' and ``using divergent nozzle and flow conditioning 
vane techniques'' parameters apply to pumpjet propulsion systems.
    Cascading the parameters in 8A002.q to make it clear that closed 
circuit rebreathers and semi-closed circuit rebreathers are types of 
underwater swimming and diving equipment that are controlled by this 
paragraph.
    Replacing the word ``apparatus'' with ``rebreathers,'' in 8A002.q.1 
and q.2, and replacing the phrase ``its user'' with ``their users'' to 
clarify the Note to 8A002.q.
    Adding a new paragraph 8A002.r, which has been moved from 6A001.c, 
because the specified diver deterrent systems have no capability to 
detect divers and are only used to deter divers. This rule also adds 
related notes describing the scope of 8A002.r to help readers 
understand the scope of the control better.

Category 9--Aerospace and Propulsion

    ECCN 9A001 is amended by adding a reference to 9E003.i in 9A001.a 
as a new parameter for control of aero gas turbine engines.
    ECCN 9A003 is amended by replacing the phrase ``having any of the 
following'' with ``any of the following'' in the Header because the 
Items paragraphs do not list characteristics of engine propulsion 
systems. In addition, this rule adds 9E003.i (``technology'' for 
adjustable flow path systems designed to maintain engine stability for 
gas generator turbines, fan or power turbines, or propelling nozzles) 
to the heading of 9A003.
    ECCN 9A991 is amended by adding double quotes around the term 
``civil aircraft'' in paragraph 9A991.b in the Items paragraph of the 
List of Items Controlled, because this is a defined term in Part 772.
    ECCN 9B001 is amended by adding double quotes around the term ``tip 
shroud'', because this rule adds a definition to Part 772 of the EAR.
    ECCN 9B002 is amended by moving and cascading the text that 
appeared in the Heading to the Items paragraph of the List of Items 
Controlled section to improve clarity of the control. In addition, this 
rule replaces the reference to ``9E003.a. or 9E003.h'' with ``9E003.h 
and 9E003.i'' in the new paragraph 9B002.b, to harmonize it with the 
movement of ``technology'' for adjustable flow path systems designed to 
maintain engine stability for gas generator turbines, fan or power 
turbines, or propelling nozzles from 9E003.a.10 to 9E003.i.
    ECCN 9B008 is amended by revising the Heading for clarity of the 
control scope of the entry.
    ECCN 9D003 is amended by:
    Replacing the phrase ``specially designed or modified for the 
``use'' of ``Full Authority Digital Electronic Engine Controls 
Systems'''' with ``incorporating ``technology'' specified by

[[Page 29616]]

9E003.h and used in'' to use less words to refer to the same 
parameters.
    Removing the phrase ``as follows (see List of Items Controlled)'' 
to harmonize with the revisions described in this entry.
    Removing paragraphs 9D003.a and .b, and adding in their place the 
sentence, ``The list of items controlled is contained in the ECCN 
heading.''
    ECCN 9D004 is amended by adding double quotes around the newly 
defined term ``tip shrouds'' in paragraph 9D004.f.
    ECCN 9E001 is corrected by adding back the MT and AT paragraphs of 
the License Requirement section that was inadvertently removed on 
January 2, 2008 (73 FR 32, 38).
    ECCN 9E003 is amended by:
    Revising the SI control paragraph in the License Requirements 
section to add paragraph .j, which was previously listed as .i but is 
redesignated as .j by this rule to the existing list. The SI control 
paragraph now includes a.8, .h, .i, and .j.
    Adding double quotes around the newly defined term ``tip shrouds'' 
in paragraph 9E003.a.1, a.4, and a.5.
    Replacing the word ``rotating'' with ``rotor'' in 9E003.a.8, 
because this is a more precise description of the component to be 
controlled.
    Adding a Technical Note to define ``damage tolerant'' after 
9E003.a.8 to add clarity to the control and adding single quotes around 
`damage tolerant' to identify that this term is defined in 9E003. 
Adding ``or'' to the end of the text for a.8, because a.8 is the last 
paragraph of substance before a.11, which is the last paragraph of 
9E003.a.
    Removing and reserving paragraph .a.10 and the related notes and 
adding a new Note Bene stating ``For adjustable flow path geometry, see 
9E003.i.'' Redesignating paragraph .i as paragraph .j in the Items 
paragraph of the List of Items Controlled section, in order to move 
technology for ``adjustable flow path geometry and associated control 
systems'' from 9E003.a.10 to the new 9E003.i. This paragraph was moved 
to move it out from under the stipulation in 9E003.a that this 
particular technology must be ``required'' for the ``development'' or 
``production'' of any of the following gas turbine engine components or 
systems. Instead the new more precise control is for specifically 
listed ``technology'' for adjustable flow path systems designed to 
maintain engine stability for gas generator turbines, fan or power 
turbines, or propelling nozzles.

Sec.  734.4 De minimis U.S. Content

    Section 734.4 is amended by removing the phrase ``9E003.a.1 through 
a.8, a.10, h and i.'' and adding in its place ``9E003.a.1 through a.8, 
.h,.i and .j.'' in paragraph (a)(4) ``Items for which there is no de 
minimis level.'' This change is made to harmonize with revisions to 
paragraphs ECCN 9E003.i and .jin this rule.
    Section 734.4 is amended by removing the phrase ``5A002.a.1, .a.2, 
.a.5, or .a.6, .a.9, or 5D002,'' and adding in its place ``5A002.a.1, 
.a.2, .a.5, .a.6, .a.9, .b, or 5D002,'' in the introductory text of 
paragraph (b)(1), because 5A002.b is a newly added EI controlled 
paragraph.

License Exception GOV 740.11--Supplement No. 1 to section 740.11

    As a matter of policy BIS does not allow the use of License 
Exception GOV for the export of items listed on the WA Very Sensitive 
List. As a result of WA agreements adding ECCN 5A001.h (and 
corresponding technology and software) to its Very Sensitive List, this 
rule makes corresponding changes to Supplement No. 1 to section 740.11.

Sec.  740.17 License Exception ENC

    Section 740.17 is amended by removing the phrase ``5A002.a.1, .a.2, 
.a.5, .a.6, or .a.9'' and adding in its place ``5A002.a.1, .a.2, .a.5, 
.a.6, .a.9, or .b'' in the introductory paragraph and paragraphs 
(a)(1)(i), (a)(2), and (b)(1). This is a consequential change because 
of the newly added paragraph 5A002.b, which is EI controlled. (The 
newly added paragraph 5D002.d, which is EI controlled, is already 
covered by the existing reference to ECCN 5D002 in these section 740.17 
paragraphs. So, while 5D002.d is a new CCL entry, its addition does not 
require any conforming edits in these particular paragraphs.)

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

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

Sec.  742.15 Encryption Items

    Section 742.15 is amended by removing the phrase ``5A002.a.1, a.2, 
a.5, a.6 and a.9; 5D002.a or c.1 for equipment controlled for EI 
reasons in ECCN 5A002;'' and adding in its place ``5A002.a.1, .a.2, 
.a.5, .a.6, .a.9, and .b; 5D002.a, .c.1 or .d for equipment and 
``software'' controlled for EI reasons in ECCNs 5A002 or 5D002;'' in 
paragraph (a)(1). This is a consequential change because of the newly 
added paragraphs 5A002.b and 5D002.d, which are EI controlled. This 
change also clarifies that ``EI'' controls apply to ``software'' items 
as specified by the designated ECCN 5D002 paragraphs, regardless of 
whether the ``software'' is bundled, commingled or otherwise used with 
ECCN 5A002 equipment.

Sec.  743.1 Wassenaar Arrangement

    WA has three levels of control of goods: Basic List (BL), Sensitive 
List (SL), and Very Sensitive List (VSL). As a matter of policy, BIS 
makes certain items on the WA BL and SL eligible for license 
exceptions. Because of the U.S. obligations under its agreements to the 
WA, the U.S. must report on SL items exported outside of the WA 
membership countries. BIS does this by gathering data from its 
licensing database. To collect data on exports made under license 
exceptions, BIS requires WA reporting on SL items exported (excluding 
deemed exports) under License Exceptions GBS, CIV, TSR, LVS, APP and 
portions of GOV. As a result of WA making changes to its SL, this rule 
makes corresponding changes to the reporting requirements of section 
743.1 of the EAR.
    This rule revises the Note to paragraph (c)(1)(ii) of Section 743.1 
by adding WA reporting requirements for 2D001 software other than that 
controlled by 2D002, specially designed for the development or 
production of deep-hole-drilling machines controlled by 2B001.f, or 
``numerically controlled'' or manual machine tools controlled by 2B003. 
In addition, this rule revises the Note to paragraph (c)(1)(ii) of 
Section 743.1 by adding WA reporting requirements for 2E001 and 2E002 
technology consistent with the General Technology Note for development 
and production of deep-hole-drilling machines controlled by 2B001.f, or 
``numerically controlled'' or manual machine tools controlled by 2B003. 
This rule also changes the formatting of the information in this Note 
by putting it in outline format for easier readability.
    This rule also revises reporting requirements in Section 
743.1(c)(1)(v) to add 5A001.h in three places and to add 5A001.b.5 in 
two places for consistency.
    This rule also revises reporting requirements in Section 
743.1(c)(1)(vi) to remove 6A002.a.1.a, a.1.b, a.2.a, a.3, c, and e; 
6A003.b.3 and b.4, ; and 6A006.a.1, a.2, and d, because the 
subparagraphs of these ECCNs are not eligible for list based license 
exceptions and are therefore not subject to WA reporting requirements 
under the EAR. In addition, this rule removes 6D001,

[[Page 29617]]

6D003.a, 6E001 and 6E002, because the only list based license exception 
this software and technology are eligible for is License Exception TSR, 
and only within countries that are WA member countries.
    This rule also revises reporting requirements in Section 
743.1(c)(1)(viii) to add the phrase ``as well as 8A001.b, c, and d'' to 
ECCNs 8D001 and 8E001, to indicate that the reporting requirements of 
743.1(c)(1) apply to exports of 8D001 software for the development, 
production or use of commodities controlled by 8A001.b, c, and d and 
8E001 technology for the development or production of commodities 
controlled by 8A001.b, c, and d.

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

    As a result of the decisions reached at the 2010 WA Plenary, this 
rule amends section 772.1 to add categories 4 and 9 as references in 
the definition of ``civil aircraft'' to identify other categories that 
use this definition. This rule also adds definitions for 
``cryptographic activation,'' ``radiant sensitivity,'' and ``tip 
shroud,'' and amends the existing definition for ``information 
security'' to include ``cryptographic activation.'' This rule also 
amends the definition of ``frequency switching time'' to add a more 
practical and meaningful definition for the term. The change from an 
absolute frequency to a percentage of the final maximum specified 
frequency will make actual frequency measurements possible and 
reasonable, thus removing ambiguity of interpretation. Additionally, 
this rule corrects the structure of the definition of ``frequency 
switching time'' by replacing an absolute value with a relative value. 
Also, the phrase ``or signal generator'' is removed from the definition 
of ``frequency synthesizer,'' because a signal generator is a subset of 
a frequency source. Finally, the definition of ``object code'' is 
amended by replacing the term ``converted'' with ``compiled'' to use a 
more precise and commonly used word to describe what it is that is done 
to source code in order to obtain object code.

Supplement No. 3 to Part 774

    This rule adds a Statement of Understanding related to Used Goods 
at the end of Supplement No. 3 to Part 774, which states, ``The 
specifications in the Commerce Control List apply equally to new or 
used goods. In the case of used goods, an evaluation by the Bureau of 
Industry and Security may be carried out in order to assess whether the 
goods are capable of meeting the relevant specifications.'' This 
statement was added because the regulated public often asks the 
question as to whether the controls apply to used or older equipment. 
The statement clearly states that the controls apply to new and used 
equipment equally, but that if you believe the equipment cannot perform 
to the stated control parameters because of its current age and 
condition that you may submit a classification request to BIS and BIS 
will evaluate the current state of the equipment against the control 
parameters and make a classification determination.

Export Administration Act

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

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 
May 20, 2011, 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 July 19, 2011. Any such items 
not actually exported before midnight, on July 19, 2011, require a 
license in accordance with this regulation.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated a ``significant regulatory 
action'' although not economically significant, under section 3(f) of 
Executive Order 12866. Accordingly, the rule has been reviewed by the 
Office of Management and Budget.
    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 JasmeetSeehra, 
OMB Desk Officer, by e-mail at Jasmeet_K._Seehra@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)). Immediate 
implementation of these amendments fulfills the United States' 
international obligation to the Wassenaar Arrangement on Export 
Controls for Conventional Arms and Dual-Use Goods and Technologies. The 
Wassenaar Arrangement contributes to international security and 
regional stability by promoting greater responsibility in transfers of 
conventional arms and dual use goods and technologies, thus preventing

[[Page 29618]]

destabilizing accumulations of such items. The Wassenaar Arrangement 
consists of 40 member countries that act on a consensus basis and the 
changes set forth in this rule implement agreements reached at the 
December 2010 plenary session of the WA. Since the United States is a 
significant exporter of the items in this rule, implementation of this 
provision is necessary for the WA to achieve its purpose. Any delay in 
implementation will create a disruption in the movement of affected 
items globally because of disharmony between export control measures 
implemented by WA members, resulting in tension between member 
countries. Export controls work best when all countries implement the 
same export controls in a timely manner. If this rulemaking was delayed 
to allow for notice and comment, it would prevent the United States 
from fulfilling its commitment to the WA in a timely manner and would 
injure the credibility of the United States in this and other 
multilateral regimes.
    Further, no other law requires that a notice of proposed rulemaking 
and an opportunity for public comment be given for this final rule. 
Because a notice of proposed rulemaking and an opportunity for public 
comment are not required to be given for this rule under the 
Administrative Procedure Act or by any other law, the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Therefore, this regulation is issued in final form. 
Although there is no formal comment period, public comments on this 
regulation are welcome on a continuing basis. Comments should be 
submitted to Sharron Cook, Office of Exporter Services, Bureau of 
Industry and Security, Department of Commerce, 14th and Pennsylvania 
Ave., NW., Room 2099, Washington, DC 20230.

List of Subjects

15 CFR Part 734

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

15 CFR Part 740

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

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 743

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, parts 734, 740, 742, 743, 772 and 774 of the Export 
Administration Regulations (15 CFR parts 730-774) are amended as 
follows:

PART 734--[AMENDED]

0
1. The authority citation for Part 734 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 
FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Notice of August 12, 2010, 75 FR 50681 (August 16, 2010); 
Notice of November 4, 2010, 75 FR 68673 (November 8, 2010).


Sec.  734.4  [Amended]

0
2. Section 734.4 is amended by:
0
a. Removing the phrase ``9E003.a.1 through a.8, a.10, h and i.''and 
adding in its place ``9E003.a.1 through a.8,.h, .i., and .j.'' in 
paragraph (a)(4); and
0
b. Removing the phrase ``5A002.a.1, .a.2, .a.5, or .a.6, .a.9, or 
5D002,'' and adding in its place ``5A002.a.1, .a.2, .a.5, .a.6, .a.9, 
.b, or 5D002,'' in the introductory text of paragraph (b)(1).

PART 740--[AMENDED]

0
3. The authority citation for Part 740 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., 
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 
of August 12, 2010, 75 FR 50681 (August 16, 2010).


0
4. Supplement No. 1 to section 740.11 is amended by:
0
a. Revising the introductory text to paragraph (a)(1);
0
b. Revising paragraphs (a)(1)(vi)(B) and (a)(1)(vii)(C);
0
c. Revising the introductory text to paragraph (b)(1); and
0
d. Revising paragraphs (b)(1)(vi)(B) and (b)(1)(vii)(C), to read as 
follows:


Sec.  740.11  Governments, international organizations, international 
inspections under the Chemical Weapons Convention, and International 
Space Station (GOV).

* * * * *

SUPPLEMENT NO. 1 TO Sec.  740.11--ADDITIONAL RESTRICTIONS ON USE OF 
LICENSE EXCEPTION GOV.

    (a) * * *
    (1) Items identified on the Commerce Control List as controlled for 
national security (NS) reasons under Export Control Classification 
Numbers (ECCNs) as follows for export or reexport to destinations other 
than Austria, Belgium, Canada, Denmark, Finland, France, Germany, 
Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, 
Sweden, or the United Kingdom: 1C001, 5A001.b.5, 5A001.h, 6A001.a.1.b.1 
object detection and location systems, having a sound pressure level 
exceeding 210 dB (reference 1 [micro]Pa at 1 m) and an operating 
frequency in the band from 30 Hz to 2 kHz inclusive, 6A001.a.2.a.1, 
6A001.a.2.a.2, 6A001.a.2.a.3, 6A001.a.2.a.5, 6A001.a.2.a.6, 
6A001.a.2.b, 6A001.a.2.e, 6A002.a.1.c, 6A008.l.3, 6B008, 8A001.b, 
8A001.d, 8A002.o.3.b; and
* * * * *
    (vi) * * *
    (B) Controlled by 5D001.a, specially designed for the 
``development'' or ``production'' of equipment, functions or features 
controlled by 5A001.b.5 and 5A001.h; and
* * * * *
    (vii) * * *
    (C) Controlled by 5E001.a for the ``development'' or ``production'' 
of digitally controlled radio receivers controlled by 5A001.b.5 and 
radio frequency (RF) transmitting equipment controlled by 5A001.h; or 
5D001.a for ``software'' specially designed for the ``development'' or 
``production'' of digitally controlled radio receivers controlled by 
5A001.b.5 and radio frequency (RF) transmitting equipment controlled by 
5A001.h; and
* * * * *
    (b) * * *
    (1) Items identified on the Commerce Control List as controlled for 
national security (NS) reasons under Export Control Classification 
Nu

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