[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Rules and Regulations]
[Pages 58033-58041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23289]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742, 744 and 774
[Docket No. 080307397-81237-01]
RIN 0694-AE33
Revisions to the Export Administration Regulations Based Upon a
Systematic Review of the CCL
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: This rule amends the Export Administration Regulations (EAR)
to make revisions to the EAR as a result of a systematic review of the
Commerce Control List (CCL) that was conducted by the Bureau of
Industry and Security (BIS). This rule is the second phase of the
regulatory implementation of the results of a review of the CCL that
was conducted by BIS starting in 2007. The BIS CCL review benefited
from input received from BIS's Technical Advisory Committees (TACs) and
comments that were received from the interested public in response to
the publication of a BIS notice of inquiry on July 17, 2007. The
revisions in this rule include clarifications to existing controls,
eliminating redundant or outdated controls, establishing more focused
and rationalized controls, and adding additional controls for clarity
or for consistency with international regimes.
DATES: Effective Date: This rule is effective: October 6, 2008.
Although there is no formal comment period, public comments on this
regulation are welcome on a continuing basis.
ADDRESSES: You may submit comments, identified by RIN 0694-AE33, by any
of the following methods:
E-mail: [email protected] Include ``RIN 0694-
AE33'' in the subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy
Division, by calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Timothy Mooney, U.S.
Department of Commerce, Bureau of Industry and Security, Regulatory
Policy Division, 14th St. & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230, Attn: RIN 0694-AE33.
Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, to
Jasmeet Seehra, Office of Management and Budget (OMB), by e-mail to
[email protected], or by fax to (202) 395-7285; and to the U.S.
Department of Commerce, Bureau of Industry and Security, Regulatory
Policy Division, 14th St. & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230. Comments on this collection of information should
be submitted separately from comments on the final rule (i.e. RIN 0694-
AE33)--all comments on the latter should be submitted by one of the
three methods outlined above.
FOR FURTHER INFORMATION CONTACT: Timothy Mooney, Office of Exporter
Services, Bureau of Industry and Security, U.S. Department of Commerce;
by telephone: (202) 482-2440; or by fax: 202-482-3355.
SUPPLEMENTARY INFORMATION
Background
This rule amends the EAR to make various revisions as a result of a
systematic review of the CCL that was conducted by BIS. This rule is
the second phase of the regulatory implementation of the results of
that systematic review of the CCL that was conducted by BIS beginning
in 2007. The CCL review benefited from input received from BIS's
Technical Advisory Committees (TACs) and public comments received in
response to a notice of inquiry (July 17, 2007, 72 FR 39052).
On April 18, 2008, BIS published the first phase of the regulatory
implementation of the CCL review in a rule titled, ``Technical
Corrections to the Export Administration Regulations based upon a
Systematic Review of the CCL'' (73 FR 21035). The first CCL review rule
focused on making needed technical corrections and clarifications to
the CCL. This rule, the second CCL review rule, makes substantive
revisions to the EAR, including the CCL. The revisions to the CCL in
this rule are divided into four types of revisions in this background
section of the preamble: (I) Clarifications to Existing Controls, (II)
Eliminating Redundant or Outdated Controls, (III) Establishing More
Focused and Rationalized Controls, and (IV) Adding Additional Controls
for Clarity or for Consistency with International Regimes.
As a part of the implementation phase of the CCL review, the agency
has also taken other non-regulatory actions to improve the public's
understanding of the CCL. These BIS actions have involved publishing
certain advisory opinions and creating new web guidance to provide
greater clarity to exporters and reexporters regarding existing
provisions of the CCL. BIS has also created a new process whereby it
has stated its intention to conduct similar types of systematic reviews
of the CCL in the future in order to continuously improve the CCL.
This rule makes the following revisions to the Export
Administration Regulations (EAR):
1. In Supplement No. 7 to part 742 (Description of Major Weapons
Systems), under paragraph (7)(c) (Missiles and Missile Launchers), this
rule adds the phrase ``except model airplanes'' to clarify that the
unmanned aerial vehicles (UAVs) subject to this paragraph do not
include model airplanes.
2. In Sec. 744.21 (Restrictions on Certain Military End-Uses in
the People's Republic of China (PRC)), this rule makes two changes
under paragraph (a) (General Prohibition) to clarify the intended scope
of the items subject to this end-use control. Under the introductory
text of paragraph (a), this rule clarifies that the items that are
subject to the general prohibition are any items listed in Supplement
No. 2 to part 744 that are subject to the EAR. Adding the phrase
``subject to the EAR'' will clarify that this prohibition does not
extend to items that are not subject to the EAR, such as information
that is publicly available. This change is needed because the Sec.
772.1 definition of the term ``item'' does not distinguish between
those items that are subject to the EAR and those that are not. Given
this broad definition, in this paragraph the term ``item'' should be
qualified with the phrase ``subject to the EAR''.
The Commerce Control List (CCL) (Supplement No. 1 to Part 774 of
the EAR) is amended by making various substantive revisions to the CCL
that are divided below into four types of revisions: (I) Clarifications
to Existing Controls, (II) Eliminating Redundant or Outdated Controls,
(III) Establishing More Focused and Rationalized
[[Page 58034]]
Controls, and (IV) Adding Additional Controls for Clarity or for
Consistency with International Regimes.
I: Clarifications to Existing Controls
1. Revisions to the ``Headings'' of Existing CCL Entries
This rule is making revisions to the headings of three (3) CCL
entries: 2B351, 4D993 and 6A995, to clarify the items controlled under
those CCL entries.
ECCN 2B351 is amended by revising the heading to clarify the items
controlled under this CCL entry by adding the phrases ``as follows''
and ``see List of Items Controlled''.
ECCN 4D993 is amended by adding the phrase, ``see List of Items
Controlled'' at the end of the heading of the CCL entry. This rule also
makes revisions to the ``Items'' paragraph of this ECCN by adding the
conjunction ``or'' between ``Items'' paragraphs (b) and (c) to clarify
the scope of the items controlled under this CCL entry.
ECCN 6A995 is amended by revising the heading to remove the phrase
``not controlled by 0B001.h.6, 6A005 or 6A205'', and replacing that
with the phrase, ``see List of Items Controlled'' to the heading of
this CCL entry. This revision is intended to clarify the scope of the
control.
2. Revisions to ``Related Controls'' in CCL Entries
This rule revises the ``Related Controls'' paragraphs in the List
of Items Controlled section in the following twelve (12) CCL entries:
1C351, 1C352, 1C353, 1C354, 1C360, 2B119, 2B350, 4E992, 7D001, 7D002,
7E002, and 7E101 by adding additional related control references or
making changes for greater specificity for the related controls
references. BIS includes related control references in CCL entries to
assist exporters in classifying items on the CCL and in some cases
provides cross-references for items that are listed on the CCL, but are
under the export control jurisdiction of other U.S. Government
agencies. Several of the public comments received by BIS, as a part of
the CCL review process, requested that BIS add these types of
additional related controls references to better assist the public in
classifying their items using the CCL.
(A) Converting ``Related Controls'' Paragraphs Into License Requirement
Notes
The revisions being made to the ``Related Controls'' paragraphs
under these six (6) CCL entries: 1C351, 1C352, 1C353, 1C354, 1C360, and
2B350 also involve revising and moving text from the ``Related
Controls'' paragraph to new License Requirement notes for those CCL
entries. These revisions make no change to the scope of the items
controlled under those CCL entries. However, it was determined during
the CCL review, that those ``Related Controls'' under those CCL entries
could be better characterized as ``License Requirement Notes''. Given
that determination, BIS decided it would be helpful to move those
``Related Controls'' references to new ``License Requirement Notes'' to
better assist exporters and reexporters when classifying their items.
ECCN 1C351 is amended by moving subparagraphs (2) through (4) from
the ``Related Controls'' paragraph to the newly created ``License
Requirement Notes'' and redesignating subparagraph (5) of the ``Related
Controls'' paragraph as a subparagraph (2).
ECCN 1C352 is amended by moving subparagraph (1) from the ``Related
Controls'' paragraph to the newly created ``License Requirement Note''
and redesignating subparagraph (2) of the ``Related Controls''
paragraph. This rule also makes some minor revisions for clarity in the
text of the new ``License Requirement Note''.
ECCN 1C353 is amended by moving the first sentence from the
``Related Controls'' paragraph to the newly created ``License
Requirement Note'', and leaving the second sentence, which references
related controls from the Centers for Disease Control and Prevention
(CDC), U.S. Department of Health and Human Services controls and the
Animal and Plant Health Inspection Service (APHIS), U.S. Department of
Agriculture, in the ``Related Controls'' paragraph.
ECCN 1C354 is amended by moving subparagraph (1) from the ``Related
Controls'' paragraph to the newly created ``License Requirement Note''
and redesignating subparagraph (2) of the ``Related Controls''
paragraph. This rule also makes some minor revisions for clarity to the
text of the new ``License Requirement Note''.
ECCN 1C360 is amended by moving subparagraph (1) from the ``Related
Controls'' paragraph to the newly created ``License Requirement Note''
and redesignating subparagraphs (2) and (3) in the ``Related Controls''
paragraph as subparagraphs (1) and (2). This rule also makes some minor
revisions for clarity for the text in the new ``License Requirement
Note''.
B. Removal of Outdated ``Related Controls'' References in CCL Entries
The revisions made to the ``Related Controls'' paragraphs under the
following six (6) CCL entries: 1D001, 4E992, 2B119, 7D001, 7D002 and
7E002 all involve removing nonexistent ECCNs that were listed as
``Related Controls'' references under those CCL entries. ECCN 1D001 had
an outdated ``Related Controls'' reference to the nonexistent 1D102.
ECCN 2B119 referred to a nonexistent 2B219, and 4E992 referred to a
nonexistent 4E994. Under ECCNs 7D001, 7E001 and 7E002 outdated
references to the nonexistent 7A007 are all removed with this rule.
3. Revisions to ``Items'' Paragraphs in CCL Entries
This rule makes revisions to the ``Items'' paragraphs under the
following two (2) CCL entries: 1C350 and 2B350 to provide greater
clarity regarding the items controlled under those CCL entries. These
changes include adding additional text under some of these CCL entries,
rearranging text of some of these CCL entries to improve readability,
or revising the ``Items'' paragraphs of these CCL entries to clarify
the intended scope of the control. Specifically, these revisions
include the following:
ECCN 1C350 is amended by adding a sentence at the end of ``Note 2''
of the ``License Requirement Notes'' section to make persons aware that
although certain mixtures as described in this note may be classified
EAR99, a license may still be required for reasons set forth elsewhere
in the EAR. This is stated in other parts of the EAR, but this
additional text being added to this CCL entry will help make persons
aware that although their commodity may not be controlled under this
CCL entry, it still may require a license under other parts of the EAR.
ECCN 2B350 is amended by reordering the ``Items'' paragraph in the
List of Items Controlled Section in order to improve the readability of
the ``Items'' paragraph. This rule makes no changes to the items that
are controlled under ECCN 2B350. This reordering of the ``Items''
paragraph for parallelism helps improve the readability of the
``Items'' paragraph of that ECCN entry. BIS is making this change to
better assist the public in classifying their materials under this
ECCN. In addition, this rule redesignates the ``Technical Note'' at the
end of the ``Items'' paragraph in the List of Items Controlled section,
as ``Technical Note 1'', and adds a ``Technical Note 2'' to define the
term ``alloy''. This new definition of ``alloy'' clarifies to the
public that the metal
[[Page 58035]]
alloys in 2B350 are those containing a higher percentage by weight of
the stated metal than any other element. Lastly, under this CCL entry,
this rule moves the text of the ``Related Controls'' paragraph to a new
``License Requirement Note'' to clarify the intended scope of the
control.
4. Clarifications to ``Items'' Paragraphs To Conform With Multilateral
Regimes
This rule makes clarifications to the ``Items'' paragraphs in these
two (2) CCL entries: 4A101and 4A980 to clarify what items are
controlled under those entries and to better conform those entries to
the language used in multilateral control lists.
ECCN 4A101 is amended by adding a new note at the end of the
``Items'' paragraph in the List of Items Controlled section to provide
a definition for ``radiation hardened''. ``Radiation hardened'' is used
in paragraph (b) of the ``Items'' paragraph, but no definition was
provided, prior to publication of this rule, for this term. This new
note clarifies that under this CCL entry, ``radiation hardened'' means
that the component or equipment is designed or rated to withstand
radiation levels which meet or exceed a total irradiation dose of 5 x
10 \5\ rads (Si). This revision will assist the public in understanding
the types of analog computers, ``digital computers'' and differential
analyzers that are controlled under this ECCN entry.
ECCN 4A980 is amended by adding a new note at the end of the
``Items'' paragraph to clarify the existing control. This note
clarifies that ECCN 4A980 does not control equipment limited to one
finger and designed for user authentication or access control.
5. Other Assorted Clarifications to Existing Controls
Category 1 (Materials, Chemicals, ``Microorganisms,'' and Toxins)
of the CCL, is amended by adding a new note to the beginning of the
category to make the public more aware that the Food and Drug
Administration (FDA) and the Drug Enforcement Administration (DEA) may
control exports of items subject to the EAR and on the CCL. Public
comments submitted for the CCL review suggested that BIS add additional
cross-references on the CCL to the FDA and DEA regulations. Supplement
No. 3 to Part 730 (Other U.S. Government Departments and Agencies with
Export Control Responsibilities) and certain ECCN cross-references to
other agencies' controls already accomplish the same type of thing.
However, in conducting the CCL review, BIS determined it would be
helpful to the public to add a new note at the beginning of Category 1
to make the public more aware that these other agencies of the U.S.
Government may also apply controls to these items. This note makes no
changes to the items subject to the EAR.
II. Eliminating Redundant or Outdated Controls
1.ECCN 4A994 is amended by making various revisions to the
``Items'' paragraph of this CCL entry to remove technically outdated
controls and to update certain technical control parameters to better
reflect current industry standards. Specifically, this rule deletes
paragraphs (d), (e), (g), (h), and (k)(1) of the ``Items'' paragraph in
the List of Items Controlled section of this CCL entry. This change is
being made because these controls are technically outdated, so these
commodities no longer need to be controlled under this CCL entry. Under
paragraph (b) of the ``Items'' paragraph, this rule clarifies the types
of digital computers that are controlled under this CCL entry and
increases the Weighted TeraFLOPS (WT) control threshold for this
paragraph (b) from 0.00001 WT to 0.0128 WT. In addition, under
paragraph (c) of the ``Items'' paragraph, this rule deletes the
technically outdated control parameter that was listed under paragraph
(c)(2) prior to publication of this rule. This change to paragraph (c)
will specify that ``electronic assemblies'' covered under this
paragraph are those that are designed to be capable of aggregation in
configurations of 16 or more processors. Finally, under paragraph (k),
this rule clarifies the types of ``hybrid computers'' and ``electronic
assemblies'' and specially designed components that are controlled
under this CCL entry.
2.ECCN 5A991 is amended by removing three outdated entries from the
``Items'' paragraph under paragraphs (b)(8), (c)(2), and (c)(4) of this
CCL entry. In the public comments, people asked for clarifications
regarding what commodities were controlled under these three ``Items''
paragraphs under ECCN 5A991. However, in reviewing these three
technical parameters, BIS determined that for each of the commodities
controlled under this ECCN, the commodities were either covered under
another ECCN (meaning these entries were merely empty boxes on the
CCL), or the commodities that were controlled under one of these three
``Items'' paragraphs were outdated and should appropriately be
designated EAR99 (meaning the commodities controlled under these three
paragraphs, that were not already controlled under another ECCN entry,
were no longer commonly used by industry or the general public).
III. Establishing More Focused and Rationalized Controls
1. ECCN 1E001 is amended by adding Australia and Norway to the list
of countries that are eligible to receive technology controlled under
this ECCN under the provisions of License Exception TSR (Technology and
software restricted) (Sec. 740.6), as described under paragraphs (a)
or (b) of the License Exception TSR paragraph in the License Exceptions
section of this ECCN entry. Prior to publication of this rule, there
were seventeen countries that were eligible for License Exception TSR
under this CCL entry. When this list of seventeen countries eligible
for License Exception TSR was added to the CCL entry on January 15,
1998 (63 FR 2482), Australia and Norway were inadvertently not
included, which is being corrected with this rule. With the addition of
Australia and Norway, nineteen countries are now eligible to receive
technology under License Exception TSR. As with any EAR list-based
license exception, the provisions of Sec. 740.2 and the specific
provisions of the list-based license exception, in this case License
Exception TSR, determine whether a list-based license exception can be
used to authorize a specific transaction.
2. ECCN 2B018 is amended by removing an advisory note from the
``Items'' paragraph and converting that note into License Exception GBS
eligibility (Shipments to Country Group B Countries) (15 CFR 740.4).
The items that were described in that advisory note, prior to
publication of this rule, will now be eligible for License Exception
GBS, provided the transaction meets the terms and conditions of License
Exception GBS and Sec. 740.2. Under ECCN 2B018, the entire entry is
controlled for national security reasons under NS column 1 and regional
stability reasons under RS column 2, among others reasons for control.
To be eligible for License Exception GBS, the ultimate destination must
be subject to a license requirement for national security reasons only
on the Commerce Country Chart and the destination must be listed in
Country Group B in Supplement No. 1 to Part 740 of the EAR. The only
countries listed in Country Group B that do not require a license under
RS column 2 are Australia, Japan, New Zealand and countries in North
Atlantic Treaty Organization (NATO). Therefore, this new License
Exception GBS availability
[[Page 58036]]
under this ECCN entry is limited to these countries in Country Group B.
IV. Adding Additional Controls for Clarity or for Consistency With
International Regimes
This rule adds new reasons for control to one (1) existing CCL
entry: 1E002. This existing CCL entry was intended to have this control
at an earlier time, but this control was inadvertently not added to the
entry when changes were made to other parts of the EAR (e.g., a NP or
MT item was added to the CCL, but the corresponding change to control
the related technology or software was not made at that time). This
rule adds a new item to one (1) existing CCL entry: 9E101. The EAR were
previously amended to include new commodities controlled for MT
reasons. However, the EAR omitted the corresponding control on the
``technology'' related to those commodities.
1. New Reasons for Control Being Added to Existing CCL Entry
ECCN 1E002 is amended by adding a new NP reason for control to this
ECCN. This new NP reason for control applies to ``technology'' for
items controlled by 1A002 for NP reasons. This corrects an inadvertent
omission from the CCL of this NP reason for control. The intent of the
U.S. Government was to have a NP technology control on the NP portion
of 1E002.f applicable to the NP portion of 1A002, but in an earlier
revision to the CCL this change had not been implemented into the EAR,
as intended. This rule corrects that inadvertent omission by adding
this NP reason for control to this existing ECCN.
2. New Items Added to Existing CCL Entry
ECCN 9E101 is amended by adding 9C110 to the heading of 9E101 to
correct an inadvertent error that occurred when 9C110 was added to the
CCL. ECCN 9C110 was added to the CCL on April 2, 2003 (68 FR 16144) to
implement a Missile Technology Control Regime (MTCR) Plenary change.
However, at the time that change was implemented in the EAR, ECCN 9E101
was not amended to add a Missile Technology (MT) technology control for
this new MT commodity controlled under ECCN 9C110. Prior to publication
of this rule, ECCN 9E101 controlled ``technology'' according to the
General Technology Note for the ``development'' or ``production'' of
commodities or software controlled by 9A012, 9A101, 9A104 to 9A111,
9A115 to 9A119, 9D101, 9D103, 9D104 or 9D105. ECCN 9C110 should have
been added to the heading in 9E101 when the change implementing the
MTCR Plenary change was made to the EAR, but it was inadvertently left
off. This technology for ECCN 9C110 is a current control within the
MTCR and should be reflected on the CCL under ECCN 9E101. This rule
corrects that inadvertent error by adding this new MT control to the
CCL.
Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of July 23, 2008,
73 FR 43603 (July 25, 2008), has continued the Export Administration
Regulations in effect under the International Emergency Economic Powers
Act.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
purposes of E.O. 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information, subject to the
requirements of the Paperwork Reduction Act, unless that collection of
information displays a currently valid Office of Management and Budget
Control Number. This rule contains a collection of information subject
to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This
collection has been approved by the Office of Management and Budget
under control number 0694-0088, ``Multi-Purpose Application,'' which
carries a burden hour estimate of 58 minutes for a manual or electronic
submission.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Further, no other
law requires that a notice of proposed rulemaking and an opportunity
for public comment be given for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under the Administrative Procedure
Act or by any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore,
this regulation is issued in final form.
5. The other changes made under this rule are nonsubstantive
changes that do not meet the criteria noted in the preceding paragraph.
For these nonsubstantive changes described in this paragraph, the
Department finds that there is good cause under 5 U.S.C. 553(b)(B) to
waive the provisions of the Administrative Procedure Act requiring
prior notice and the opportunity for public comment because they are
unnecessary. The changes made by this rule described under this
paragraph are not substantive changes, but rather are clarifications to
existing controls. These nonsubstantive changes are described under
Part I: Clarifications to Existing Controls in the Background section
of this rule. These nonsubstantive changes include: Revisions to the
headings of existing CCL entries; removal of outdated ``Related
Controls'' references in CCL entries; nonsubstative revisions to
``items'' paragraphs in CCL entries to improve things, such as
readability; and additions of ``items'' paragraphs for certain items
subject to the licensing requirements of the U.S. Department of State.
This rule does not alter any right, obligation or prohibition that
applies to any person under the Export Administration Regulations
(EAR). Because these revisions are not substantive changes, it is
unnecessary to provide notice and opportunity for public comment. In
addition, the 30-day delay in effectiveness required by 5 U.S.C. 553(d)
is not applicable because this rule is not a substantive 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.
List of Subjects
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
0
Accordingly, parts 742, 744 and 774 of the Export Administration
Regulations (15 CFR parts 730-774) are amended as follows:
PART 742--[AMENDED]
0
1. The authority citation for 15 CFR part 742 continues to read as
follows:
[[Page 58037]]
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 July
23, 2008, 73 FR 43603 (July 25, 2008); Notice of November 8, 2007,
72 FR 63963 (November 13, 2007).
0
2. Supplement No. 7 to Part 742 is amended by revising paragraph
(7)(c), to read as follows:
Supplement No. 7 to Part 742--Description of Major Weapons Systems
* * * * *
(7) Missiles and Missile Launchers:
* * * * *
(c) Unmanned Aerial Vehicles (UAVs) of any type, including
sensors for guidance and control of these systems, except model
airplanes.
* * * * *
PART 744--[AMENDED]
0
3. The authority citation for 15 CFR part 744 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of July 23, 2008, 73 FR 43603 (July
25, 2008); Notice of November 8, 2007, 72 FR 63963 (November 13,
2007).
0
4. Section 744.21 is amended by revising the introductory text of
paragraph (a) to read as follows:
Sec. 744.21 Restrictions on certain military end-uses in the People's
Republic of China (PRC).
(a) General prohibition. In addition to the license requirements
for items specified on the Commerce Control List (CCL), you may not
export, reexport, or transfer any item subject to the EAR listed in
Supplement No. 2 to Part 744 to the PRC without a license if, at the
time of the export, reexport, or transfer, you know, meaning either:
* * * * *
PART 774--[AMENDED]
0
5. The authority citation for 15 CFR part 774 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; Notice of July 23, 2008, 73 FR 43603 (July 25, 2008).
Supplement No. 1 to Part 774--[Amended]
0
6. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms,'' and ``Toxins,''
is amended by adding a new Note, immediately following the heading of
Category 1, to read as follows:
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins''
Note: The Food and Drug Administration (FDA) and the Drug
Enforcement Administration (DEA) may control exports of items
subject to the EAR and on the Commerce Control List. BIS provides
cross references to these other agency controls for convenience
only. Therefore, please consult relevant FDA and DEA regulations for
guidance related to the item you wish to export and do not rely
solely on the EAR for information about other agency export control
requirements. See Supplement No. 3 to part 730 (Other U.S.
Government Departments and Agencies with Export Control
Responsibilities) for more information.
* * * * *
0
7. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms,'' and ``Toxins,''
Export Control Classification Number (ECCN) 1C350 is amended by
revising paragraph (b) of Note 2 (Mixtures), in the ``License
Requirement Notes'' of the ``License Requirements'' section, to read as
follows:
1C350 Chemicals that may be used as precursors for toxic chemical
agents.
License Requirements
* * * * *
License Requirement Notes
* * * * *
2. Mixtures:
a. * * *
b. A license is not required under this ECCN for a mixture, when
the controlled chemical in the mixture is a normal ingredient in
consumer goods packaged for retail sale for personal use. Such
consumer goods are designated EAR99. However, a license may be
required for reasons set forth elsewhere in the EAR.
* * * * *
0
8. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms,'' and ``Toxins,''
Export Control Classification Number (ECCN) 1C351 is amended by adding
three ``License Requirement Notes,'' at the end of the ``License
Requirements'' section, and by revising the ``Related Controls''
paragraph, in the ``List of Items Controlled'' section, to read as
follows:
1C351 Human and zoonotic pathogens and ``toxins'', as follows (see
List of Items Controlled).
License Requirements
* * * * *
License Requirement Notes
1. All vaccines and ``immunotoxins'' are excluded from the scope
of this entry. Certain medical products and diagnostic and food
testing kits that contain biological toxins controlled under
paragraph (d) of this entry, with the exception of toxins controlled
for CW reasons under d.5 and d.6, are excluded from the scope of
this entry. Vaccines, ``immunotoxins'', certain medical products,
and diagnostic and food testing kits excluded from the scope of this
entry are controlled under ECCN 1C991.
2. For the purposes of this entry, only saxitoxin is controlled
under paragraph d.6; other members of the paralytic shellfish poison
family (e.g. neosaxitoxin) are designated EAR99.
3. Clostridium perfringens strains, other than the epsilon
toxin-producing strains of Clostridium perfringens described in
c.14, are excluded from the scope of this entry, since they may be
used as positive control cultures for food testing and quality
control.
List of Items Controlled
Unit: * * *
Related Controls: (1) Certain forms of ricin and saxitoxin in
1C351.d.5. and d.6 are CWC Schedule 1 chemicals (see Sec. 742.18 of
the EAR). The U.S. Government must provide advance notification and
annual reports to the OPCW of all exports of Schedule 1 chemicals.
See Sec. 745.1 of the EAR for notification procedures. See 22 CFR
part 121, Category XIV and Sec. 121.7 for additional CWC Schedule 1
chemicals controlled by the Department of State.
(2) The Animal and Plant Health Inspection Service (APHIS), U.S.
Department of Agriculture, and the Centers for Disease Control and
Prevention (CDC), U.S. Department of Health and Human Services,
maintain controls on the possession, use, and transfer within the
United States of certain items controlled by this ECCN (for APHIS,
see 7 CFR 331.3(c), 9 CFR 121.3(c), and 9 CFR 121.4(c); for CDC, see
42 CFR 73.3(c) and 42 CFR 73.4(c)).
* * * * *
0
9. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms,'' and ``Toxins,''
Export Control Classification Number (ECCN) 1C352 is amended by adding
a ``License Requirement Note,'' at the end of the ``License
Requirements'' section,
[[Page 58038]]
and by revising the ``Related controls'' paragraph, in the ``List of
Items Controlled section,'' to read as follows:
1C352 Animal pathogens, as follows (see List of Items Controlled).
License Requirements
* * * * *
License Requirement Note
All vaccines are excluded from the scope of this ECCN. See ECCN
1C991 for vaccines.
List of Items Controlled
Unit: * * *
Related Controls: The Animal and Plant Health Inspection Service
(APHIS), U.S. Department of Agriculture, and the Centers for Disease
Control and Prevention (CDC), U.S. Department of Health and Human
Services, maintain controls on the possession, use, and transfer
within the United States of certain items controlled by this ECCN
(for APHIS, see 7 CFR 331.3(c), 9 CFR 121.3(c), and 9 CFR 121.4(c);
for CDC, see 42 CFR 73.3(c) and 42 CFR 73.4(c)).
* * * * *
0
10. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms,'' and ``Toxins,''
Export Control Classification Number (ECCN) 1C353 is amended by adding
a ``License Requirement Note,'' at the end of the ``License
Requirements'' section, and by revising the ``Related controls''
paragraph, in the ``List of Items Controlled'' section, to read as
follows:
1C353 Genetic elements and genetically-modified organisms, as
follows (see List of Items Controlled).
License Requirements
* * * * *
License Requirement Note
Vaccines that contain genetic elements or genetically modified
organisms identified in this ECCN are controlled by ECCN 1C991.
List of Items Controlled
Unit: * * *
Related Controls: The Animal and Plant Health Inspection Service
(APHIS), U.S. Department of Agriculture, and the Centers for Disease
Control and Prevention (CDC), U.S. Department of Health and Human
Services, maintain controls on the possession, use, and transfer
within the United States of certain items controlled by this ECCN,
including (but not limited to) genetic elements, recombinant nucleic
acids, and recombinant organisms associated with the agents or
toxins in ECCN 1C360 (for APHIS, see 7 CFR 331.3(c), 9 CFR 121.3(c),
and 9 CFR 121.4(c); for CDC, see 42 CFR 73.3(c) and 42 CFR 73.4(c)).
* * * * *
0
11. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms,'' and ``Toxins,''
Export Control Classification Number (ECCN) 1C354 is amended by adding
a ``License Requirement Note,'' at the end of the ``License
Requirements'' section, and by revising the ``Related controls''
paragraph, in the ``List of Items Controlled'' section, to read as
follows:
1C354 Plant pathogens, as follows (see List of Items Controlled).
License Requirements
* * * * *
License Requirement Note
All vaccines are excluded from the scope of this ECCN. See ECCN
1C991 for vaccines.
List of Items Controlled
Unit: $ value.
Related Controls: The Animal and Plant Health Inspection Service
(APHIS), U.S. Department of Agriculture, maintains controls on the
possession, use, and transfer within the United States of certain
items controlled by this ECCN (see 7 CFR 331.3(c), 9 CFR 121.3(c),
and 9 CFR 121.4(c)).
* * * * *
0
12. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms,'' and ``Toxins,''
Export Control Classification Number (ECCN) 1C360 is amended by adding
a ``License Requirement Note,'' at the end of the ``License
Requirements'' section, and by revising the ``Related controls''
paragraph, in the ``List of Items Controlled'' section, to read as
follows:
1C360 Select agents not controlled under ECCN 1C351, 1C352, or
1C354.
License Requirements
* * * * *
License Requirement Note
All vaccines are excluded from the scope of this ECCN. See ECCN
1C991 for vaccines.
* * * * *
List of Items Controlled
Unit: $ value.
Related Controls: (1) Also see ECCNs 1C351 (AG-controlled human
and zoonotic pathogens and ``toxins''), 1C352 (AG-controlled animal
pathogens), and 1C354 (AG-controlled plant pathogens). (2) The
Animal and Plant Health Inspection Service (APHIS), U.S. Department
of Agriculture, and the Centers for Disease Control and Prevention
(CDC), U.S. Department of Health and Human Services, maintain
controls on the possession, use, and transfer within the United
States of items controlled by this ECCN (for APHIS, see 7 CFR
331.3(b), 9 CFR 121.3(b), and 9 CFR 121.4(b); for CDC, see 42 CFR
73.3(b) and 42 CFR 73.4(b)).
* * * * *
0
13. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms,'' and ``Toxins,''
Export Control Classification Number (ECCN) 1E001 is amended by
revising the ``License Exceptions'' section, to read as follows:
1E001 ``Technology'' according to the General Technology Note for
the ``development'' or ``production'' of items controlled by
1A001.b, 1A001.c, 1A002, 1A003, 1A004, 1A005, 1A101, 1B (except
1B999), or 1C (except 1C018, 1C355, 1C980 to 1C984, 1C988, 1C990,
1C991, 1C992, 1C995 to 1C999).
* * * * *
License Exceptions
CIV: N/A
TSR: Yes, except for the following:
(1) Items controlled for MT reasons; or
(2) Exports and reexports to destinations outside of Australia,
Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece,
Ireland, Italy, Japan, Luxembourg, the Netherlands, Norway,
Portugal, Spain, Sweden, or the United Kingdom of ``technology'' for
the ``development'' or production'' of the following:
(a) Items controlled by 1C001; or
(b) Items controlled by 1A002.a which are composite structures
or laminates having an organic ``matrix'' and being made from
materials listed under 1C010.c or 1C010.d.
* * * * *
0
14. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms,'' and ``Toxins,''
Export Control Classification Number (ECCN) 1E002 is amended by
revising the ``License Requirements'' section to read as follows:
1E002 Other ``technology'', as follows (see List of Items
Controlled).
License Requirements
Reason for Control: NS, MT, NP, AT
------------------------------------------------------------------------
Control(s) Country Chart
------------------------------------------------------------------------
NS applies to entire entry, except NS Column 1.
1E002.g.
NS applies to 1E002.g.................. NS Column 2.
MT applies to 1E002.e.................. MT Column 1.
NP applies to ``technology'' for items NP Column 1.
controlled by 1A002 for NP reasons.
AT applies to entire entry............. AT Column 1.
------------------------------------------------------------------------
* * * * *
0
15. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B018 is amended:
0
a. By revising the ``License Exceptions'' section; and
0
b. By removing the ``Advisory Note'' at the end of the ``Items''
paragraph, in the ``List of Items Controlled'' section, to read as
follows:
2B018 Equipment on the Wassenaar Arrangement Munitions List.
* * * * *
License Exceptions
LVS: $3,000, except N/A for Rwanda.
GBS: Yes, as follows, except N/A for Rwanda, MT-controlled
items, or
[[Page 58039]]
destinations for which a license is required for RS reasons:
Equipment used to determine the safety data of explosives as
required by the International Convention on the Transport of
Dangerous Goods (C.I.M.) Articles 3 and 4 in Annex 1 RID, provided
that such equipment will be used only by the railway authorities of
current C.I.M. members, or by the Government-accredited testing
facilities in those countries, for the testing of explosives to
transport safety standards, of the following description:
a. Equipment for determining the ignition and deflagration
temperatures;
b. Equipment for steel-shell tests;
c. Drophammers not exceeding 20 kg in weight for determining the
sensitivity of explosives to shock;
d. Equipment for determining the friction sensitivity of
explosives when exposed to charges not exceed 36 kg in weight.
CIV: N/A
* * * * *
0
16. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B119 is amended by revising the ``Related Controls'' paragraph,
in the ``List of Items Controlled'' section, to read as follows:
2B119 Balancing machines and related equipment, as follows (see
List of Items Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: See also 7B101.
Related Definitions: * * *
Items:
* * * * *
0
17. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B350 is amended:
0
a. By adding a ``License Requirement Note,'' at the end of the
``License Requirements'' section;
0
b. By revising the ``Related Controls'' paragraph, in the ``List of
Items Controlled'' section; and
0
c. By revising the ``Items'' paragraph, in the ``List of Items
Controlled'' section, to read as follows:
2B350 Chemical manufacturing facilities and equipment, except
valves controlled by 2A226 or 2A292, as follows (see List of Items
Controlled).
License Requirements
* * * * *
License Requirement Note
This ECCN does not control equipment that is both: (1) Specially
designed for use in civil applications (e.g., food processing, pulp
and paper processing, or water purification) and (2) inappropriate,
by the nature of its design, for use in storing, processing,
producing or conducting and controlling the flow of the chemical
weapons precursors controlled by 1C350.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: N/A
Related Definitions: * * *
Items:
a. Reaction vessels or reactors, with or without agitators, with
total internal (geometric) volume greater than 0.1 m\3\ (100 liters)
and less than 20 m\3\ (20,000 liters), where all surfaces that come
in direct contact with the chemical(s) being processed or contained
are made from any of the following materials:
a.1. Alloys with more than 25% nickel and 20% chromium by
weight;
a.2. Nickel or alloys with more than 40% nickel by weight;
a.3. Fluoropolymers;
a.4. Glass (including vitrified or enameled coating or glass
lining);
a.5. Tantalum or tantalum alloys;
a.6. Titanium or titanium alloys;
a.7. Zirconium or zirconium alloys; or
a.8. Niobium (columbium) or niobium alloys.
b. Agitators for use in reaction vessels or reactors described
in 2B350.a, and impellers, blades or shafts designed for such
agitators, where all surfaces that come in direct contact with the
chemical(s) being processed or contained are made from any of the
following materials:
b.1. Alloys with more than 25% nickel and 20% chromium by
weight;
b.2. Nickel or alloys with more than 40% nickel by weight;
b.3. Fluoropolymers;
b.4. Glass (including vitrified or enameled coatings or glass
lining);
b.5. Tantalum or tantalum alloys;
b.6. Titanium or titanium alloys;
b.7. Zirconium or zirconium alloys; or
b.8. Niobium (columbium) or niobium alloys.
c. Storage tanks, containers or receivers with a total internal
(geometric) volume greater than 0.1 m\3\ (100 liters) where all
surfaces that come in direct contact with the chemical(s) being
processed or contained are made from any of the following materials:
c.1. Alloys with more than 25% nickel and 20% chromium by
weight;
c2. Nickel or alloys with more than 40% nickel by weight;
c.3. Fluoropolymers;
c.4. Glass (including vitrified or enameled coatings or glass
lining);
c.5. Tantalum or tantalum alloys;
c.6. Titanium or titanium alloys;
c.7. Zirconium or zirconium alloys; or
c.8. Niobium (columbium) or niobium alloys.
d. Heat exchangers or condensers with a heat transfer surface
area of less than 20 m\2\, but greater than 0.15 m\2\, and tubes,
plates, coils or blocks (cores) designed for such heat exchangers or
condensers, where all surfaces that come in direct contact with the
chemical(s) being processed are made from any of the following
materials:
d.1. Alloys with more than 25% nickel and 20% chromium by
weight;
d.2. Nickel or alloys with more than 40% nickel by weight;
d.3. Fluoropolymers;
d.4. Glass (including vitrified or enameled coatings or glass
lining);
d.5. Tantalum or tantalum alloys;
d.6. Titanium or titanium alloys;
d.7. Zirconium or zirconium alloys;
d.8. Niobium (columbium) or niobium alloys;
d.9. Graphite or carbon-graphite;
d.10. Silicon carbide; or
d.11. Titanium carbide.
e. Distillation or absorption columns of internal diameter
greater than 0.1 m, and liquid distributors, vapor distributors or
liquid collectors designed for such distillation or absorption
columns, where all surfaces that come in direct contact with the
chemical(s) being processed are made from any of the following
materials:
e.1. Alloys with more than 25% nickel and 20% chromium by
weight;
e.2. Nickel or alloys with more than 40% nickel by weight;
e.3. Fluoropolymers;
e.4. Glass (including vitrified or enameled coatings or glass
lining);
e.5. Tantalum or tantalum alloys;
e.6. Titanium or titanium alloys;
e.7. Zirconium or zirconium alloys;
e.8. Niobium (columbium) or niobium alloys; or
e.9. Graphite or carbon-graphite.
f. Remotely operated filling equipment in which all surfaces
that come in direct contact with the chemical(s) being processed are
made from any of the following materials:
f.1. Alloys with more than 25% nickel and 20% chromium by
weight; or
f.2. Nickel or alloys with more than 40% nickel by weight.
g. Valves with nominal sizes greater than 1.0 cm (d in.), and
casings (valve bodies) or preformed casing liners designed for such
valves, in which all surfaces that come in direct contact with the
chemical(s) being processed or contained are made from any of the
following materials:
g.1. Alloys with more than 25% nickel and 20% chromium by
weight;
g.2. Nickel or alloys with more than 40% nickel by weight;
g.3. Fluoropolymers;
g.4. Glass or glass lined (including vitrified or enameled
coatings);
g.5. Tantalum or tantalum alloys;
g.6. Titanium or titanium alloys;
g.7. Zirconium or zirconium alloys; or
g.8. Niobium (columbium) or niobium alloys.
h. Multi-walled piping incorporating a leak detection port, in
which all surfaces that come in direct contact with the chemical(s)
being processed or contained are made from any of the following
materials:
h.1. Alloys with more than 25% nickel and 20% chromium by
weight;
h.2. Nickel or alloys with more than 40% nickel by weight;
h.3. Fluoropolymers;
h.4. Glass (including vitrified or enameled coatings or glass
lining);
h.5. Tantalum or tantalum alloys;
h.6. Titanium or titanium alloys;
h.7. Zirconium or zirconium alloys;
[[Page 58040]]
h.8. Niobium (columbium) or niobium alloys; or
h.9. Graphite or carbon-graphite.
i. Multiple-seal and seal-less pumps with manufacturer's
specified maximum flow-rate greater than 0.6 m \3\/hour, or vacuum
pumps with manufacturer's specified maximum flow-rate greater than 5
m \3\/hour (under standard temperature (273 K (0 [deg]C)) and
pressure (101.3 kPa) conditions), and casings (pump bodies),
preformed casing liners, impellers, rotors or jet pump nozzles
designed for such pumps, in which all surfaces that come into direct
contact with the chemical(s) being processed are made from any of
the of the following materials:
i.1. Alloys with more than 25% nickel and 20% chromium by
weight;
i.2. Nickel or alloys with more than 40% nickel by weight;
i.3. Fluoropolymers;
i.4. Glass (including vitrified or enameled coatings or glass
lining);
i.5. Tantalum or tantalum alloys;
i.6. Titanium or titanium alloys;
i.7. Zirconium or zirconium alloys;
i.8. Niobium (columbium) or niobium alloys.
i.9. Graphite or carbon-graphite;
i.10. Ceramics; or
i.11. Ferrosilicon.
j. Incinerators designed to destroy chemical warfare agents,
chemical weapons precursors controlled by 1C350, or chemical
munitions having specially designed waste supply systems, special
handling facilities and an average combustion chamber temperature
greater than 1000 [deg]C in which all surfaces in the waste supply
system that come into direct contact with the waste products are
made from or lined with any of the following materials:
j.1. Alloys with more than 25% nickel and 20% chromium by
weight;
j.2. Nickel or alloys with more than 40% nickel by weight; or
j.3. Ceramics.
Technical Note 1: Carbon-graphite is a composition consisting
primarily of graphite and amorphous carbon, in which the graphite is
8 percent or more by weight of the composition.
Technical Note 2: The metal alloys in 2B350 are those containing
a higher percentage by weight of the stated metal than of any other
element.
* * * * *
0
18. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B351 is amended by revising the ECCN heading to read as
follows:
2B351 Toxic gas monitoring systems that operate on-line and
dedicated detectors therefor, as follows, except those systems and
detectors controlled by ECCN 1A004.c (see List of Items
Controlled).
* * * * *
0
19. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4--Computers, Export Control Classification Number (ECCN)
4A101 is amended by revising the ``Items'' paragraph, in the ``List of
Items Controlled'' section, to read as follows:
4A101 Analog computers, ``digital computers'' or digital
differential analyzers, other than those controlled by 4A001
designed or modified for use in ``missiles'', having any of the
following (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
a. Rated for continuous operation at temperatures from below 228
K (-45 [deg]C) to above 328 K (+55 [deg]C); or
b. Designed as ruggedized or `radiation hardened'.
Note: `Radiation hardened' means that the component or equipment
is designed or rated to withstand radiation levels which meet or
exceed a total irradiation dose of 5 x 10\5\ rads (Si).
0
20. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4--Computers, Export Control Classification Number (ECCN)
4A980 is amended by revising the ``Items'' paragraph, in the ``List of
Items Controlled'' section, to read as follows:
4A980 Computers for fingerprint equipment, n.e.s.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
The list of items controlled is contained in the ECCN heading.
Note: 4A980 does not control equipment limited to one finger and
designed for user authentication or access control.
0
21. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4--Computers, Export Control Classification Number (ECCN)
4A994 is amended by revising the ``Items'' paragraph, in the ``List of
Items Controlled'' section, to read as follows:
4A994 Computers, ``electronic assemblies'', and related equipment
not controlled by 4A001 or 4A003, and specially designed components
therefor.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
Note 1: The control status of the ``digital computers'' and
related equipment described in 4A994 is determined by the control
status of other equipment or systems provided:
a. The ``digital computers'' or related equipment are essential
for the operation of the other equipment or systems;
b. The ``digital computers'' or related equipment are not a
``principal element'' of the other equipment or systems; and,
N.B. 1: The control status of ``signal processing'' or ``image
enhancement'' equipment specially designed for other equipment with
functions limited to those required for the other equipment is
determined by the control status of the other equipment even if it
exceeds the ``principal element'' criterion.
N.B. 2: For the control status of ``digital computers'' or
related equipment for telecommunications equipment, see Category 5,
Part 1 (Telecommunications).
c. The ``technology'' for the ``digital computers'' and related
equipment is determined by 4E.
a. Electronic computers and related equipment, and ``electronic
assemblies'' and specially designed components therefor, rated for
operation at an ambient temperature above 343 K (70 [deg]C);
b. ``Digital computers'', including equipment of ``signal
processing'' or image enhancement'', having an ``Adjusted Peak
Performance'' (``APP'') equal to or greater than 0.0128 Weighted
TeraFLOPS (WT);
c. ``Electronic assemblies'' that are specially designed or
modified to enhance performance by aggregation of processors, as
follows:
c.1. Designed to be capable of aggregation in configurations of
16 or more processors;
c.2. [Reserved];
Note 1: 4A994.c applies only to ``electronic assemblies'' and
programmable interconnections with a ``APP'' not exceeding the
limits in 4A994.b, when shipped as unintegrated ``electronic
assemblies''. It does not apply to ``electronic assemblies''
inherently limited by nature of their design for use as related
equipment controlled by 4A994.k.
Note 2: 4A994.c does not control any ``electronic assembly''
specially designed for a product or family of products whose maximum
configuration does not exceed the limits of 4A994.b.
d. [Reserved];
e. [Reserved];
f. Equipment for ``signal processing'' or ``image enhancement''
having an ``Adjusted Peak Performance'' (``APP'') equal to or
greater than [0.0128] Weighted TeraFLOPS WT];
g. [Reserved];
h. [Reserved];
i. Equipment containing ``terminal interface equipment''
exceeding the limits in 5A991;
j. Equipment specially designed to provide external
interconnection of ``digital computers'' or associated equipment
that allows communications at data rates exceeding 80 Mbyte/s.
Note: 4A994.j does not control internal interconnection
equipment (e.g., backplanes, buses) passive interconnection
equipment, ``network access controllers'' or ``communication channel
controllers''.
k. ``Hybrid computers'' and ``electronic assemblies'' and
specially designed
[[Page 58041]]
components therefor containing analog-to-digital converters having
all of the following characteristics:
k.1. 32 channels or more; and,
k.2. A resolution of 14 bit (plus sign bit) or more with a
conversion rate of 200,000 conversions/s or more.
0
22. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4--Computers, Export Control Classification Number (ECCN)
4D993 is amended by revising the ECCN heading and by revising
paragraphs (b) and (c) of the ``Items'' paragraph, in the ``List of
Items Controlled'' section, to read as follows:
4D993 ``Program'' proof and validation ``software'', ``software''
allowing the automatic generation of ``source codes'', and
operating system ``software'' not controlled by 4D003 that are
specially designed for real time processing equipment (see List of
Items Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
* * * * *
b. ``Software'' allowing the automatic generation of ``source
codes'' from data acquired on line from external sensors described
in the Commerce Control List; or
c. Operating system ``software'' specially designed for ``real
time processing'' equipment that guarantees a ``global interrupt
latency time'' of less than 20 microseconds.
0
23. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4--Computers, Export Control Classification Number (ECCN)
4E992 is amended by revising the ``Related Controls'' paragraph, in the
``List of Items Controlled'' section, to read as follows:
4E992 ``Technology'' other than that controlled in 4E001 for the
``development'', ``production'', or ``use'' of equipment controlled
by 4A994 and 4B994, materials controlled by 4C994, or ``software''
controlled by 4D993 or 4D994.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: N/A
Related Definitions: * * *
Items:
* * * * *
0
24. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5--Telecommunications and ``Information Security'', Part 1
Telecommunications, Export Control Classification Number (ECCN) 5A991
is amended:
0
a. By removing paragraph (b)(8) from the ``Items'' paragraph in the
``List of Items Controlled'' section;
0
b. By removing and reserving paragraphs (c)(2) and (c)(4) of the
``Items'' paragraph in the ``List of Items Controlled'' section, and
0
c. By revising the ``Note'' at the end of paragraph (c)(4) of the
``Items'' paragraph in the ``List of Items Controlled'' section, to
read as follows:
5A991 Telecommunication equipment, not controlled by 5A001.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
* * * * *
c. ``Stored program controlled'' * * *
Note: Statistical multiplexers with digital input and digital
output which provide switching are treated as ``stored program
controlled'' switches.
c.1. ``Data (message) switching'' equipment or systems designed
for ``packet-mode operation'' and assemblies and components
therefor, n.e.s.
c.2. [Reserved];
c.3. Routing or switching of `datagram' packets;
c.4. [Reserved]
Note: The restrictions in 5A991.c.3 do not apply to networks
restricted to using only ``network access controllers'' or to
``network access controllers'' themselves.
* * * * *
0
25. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A995 is amended by revising the ECCN heading, to read as
follows:
6A995 ``Lasers'' (see List of Items Controlled).
* * * * *
0
26. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7D001 is amended by removing the ECCN reference
``7A007,'' from the second sentence of the ``Related Controls''
paragraph in the ``List of Items Controlled'' section.
0
27. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7E001 is amended by removing the ECCN reference
``7A007,'' from the second sentence of the ``Related Controls''
paragraph in the ``List of Items Controlled'' section.
0
28. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7E002 is amended by removing the ECCN reference
``7A007,'' from the second sentence of the ``Related Controls''
paragraph in the ``List of Items Controlled'' section.
0
29. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7E101 is amended by revising the ``Related Controls''
paragraph, in the ``List of Items Controlled'' section, to read as
follows:
7E101 ``Technology'', according to the General Technology Note for
the ``use'' of equipment controlled by 7A001 to 7A006, 7A101 to
7A107, 7A115 to 7A117, 7B001, 7B002, 7B003, 7B101, 7B102, 7B103, or
7D101 to 7D103.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: The ``technology'' related to 7A003.b, 7A005,
7A103.b, 7A105, 7A106, 7A115, 7A116, 7A117, 7B103, software
specified in the Related Controls paragraph of ECCN 7D101, 7D102.a,
or 7D103 are subject to the export licensing authority of the U.S.
Department of State, Directorate of Defense Trade Controls. (See 22
CFR part 121.)
Related Definitions: * * *
Items:
* * * * *
0
30. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Propulsion Systems, Space Vehicles and Related Equipment,
Export Control Classification Number (ECCN) 9E101 is amended by
revising the ECCN heading, to read as follows:
9E101 ``Technology'' according to the General Technology Note for
the ``development'', ``production'', or ``use'' of commodities or
software controlled by 9A012, 9A101, 9A104 to 9A111, 9A115 to
9A119, 9C110, 9D101, 9D103, 9D104 or 9D105.
* * * * *
Dated: September 29, 2008.
Christopher R. Wall,
Assistant Secretary for Export Administration.
[FR Doc. E8-23289 Filed 10-3-08; 8:45 am]
BILLING CODE 3510-33-P