Clarifications of Availability and Expansion of Restrictions on Availability of License Exception Strategic Trade Authorization Under the Export Administration Regulations

Published date22 October 2021
Citation86 FR 58615
Record Number2021-21954
SectionProposed rules
CourtIndustry And Security Bureau
Federal Register, Volume 86 Issue 202 (Friday, October 22, 2021)
[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
                [Proposed Rules]
                [Pages 58615-58626]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-21954]
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                DEPARTMENT OF COMMERCE
                Bureau of Industry and Security
                15 CFR Parts 740 and 774
                [Docket No. 210910-0182]
                RIN 0694-AI58
                Clarifications of Availability and Expansion of Restrictions on
                Availability of License Exception Strategic Trade Authorization Under
                the Export Administration Regulations
                AGENCY: Bureau of Industry and Security, Commerce.
                ACTION: Proposed rule.
                -----------------------------------------------------------------------
                SUMMARY: In this rule, the Bureau of Industry and Security (BIS)
                proposes to amend the Export Administration Regulations (EAR) to
                clarify and expand restrictions on the availability of License
                Exception Strategic Trade Authorization (License Exception STA or STA)
                for the export, reexport and transfer (in-country) of certain items
                controlled under the EAR. Specifically, BIS proposes to clarify the
                ``Special Conditions for STA'' paragraph in certain Category 9 Export
                Control Classification Numbers (ECCNs) on the Commerce Control List to
                refer exporters to the limitations set forth in the EAR. Also,
                continuing its efforts to improve export controls and refine License
                Exception STA, BIS proposes to further restrict the availability of
                License Exception STA for certain technology controlled under ECCNs
                2E003.f and 1E001. This rule also proposes related conforming
                amendments in License Exception STA and in affected ECCNs.
                DATES: Comments must be received by December 6, 2021.
                ADDRESSES: You may submit comments through either of the following:
                 Federal eRulemaking Portal: https://www.regulations.gov.
                The identification number for this rulemaking is BIS- 2020-0023. All
                filers using the portal should use the name of the person or entity
                submitting comments as the name of their files, in accordance with the
                instructions below. Persons or entities submitting business
                confidential information should clearly identify the business
                confidential portion at the time of submission, file a statement
                justifying nondisclosure and referring to the specific legal authority
                claimed, and provide a non-confidential version of the submission. For
                comments submitted electronically containing business confidential
                information, the file name of the business confidential version should
                begin with the characters ``BC.'' Any page containing business
                confidential information must be clearly marked ``BUSINESS
                CONFIDENTIAL'' on the top of that page. The corresponding non-
                confidential version of those comments must be clearly marked
                ``PUBLIC.'' The file name of the non-confidential version should begin
                with the character ``P.'' The ``BC'' and ``P'' should be followed by
                the name of the person or entity submitting the comments or rebuttal
                comments. Any submissions with file names that do not begin with a
                ``BC'' or ``P'' will be assumed to be public and will be made publicly
                available through https://www.regulations.gov.
                 Address: By mail or delivery to Regulatory Policy
                Division, Bureau of Industry and Security, U.S. Department of Commerce,
                Room 2099B, 14th Street and Pennsylvania Avenue NW, Washington, DC
                20230. Refer to RIN 0694-AI58. If you seek to submit business
                confidential information, you must use the portal. BIS does not accept
                confidential business information by mail or delivery.
                FOR FURTHER INFORMATION CONTACT: Michael Rithmire, Director, Sensors
                and Aviation Division, Office of National Security and Technology
                Transfer Controls, Bureau of Industry and Security, by phone at (202)
                482-6105 or by email at [email protected].
                SUPPLEMENTARY INFORMATION:
                Background
                 In a final rule published on June 16, 2011 (76 FR 35276) (June 16
                rule), BIS established License Exception Strategic Trade Authorization
                (License Exception STA or STA) in part 740 (License Exceptions) of the
                Export Administration Regulations (EAR), as part of the initial effort
                to reform and modernize U.S. export controls. License Exception STA is
                set forth in Sec. 740.20 of the EAR and authorizes exports, reexports,
                and transfers (in-country) of certain specified items to STA-eligible
                destinations, including the release of certain software source code and
                technology, as well as certain ``600 series'' items. There are two
                groups of STA-eligible destinations: 37 destinations that are included
                in
                [[Page 58616]]
                ``Country Group A:5'' and are eligible under Sec. 740.20(c)(1), and
                eight destinations included in ``Country Group A:6'' and eligible under
                Sec. 740.20(c)(2). These country group listings appear in Supplement
                No. 1 to Part 740 (Country Groups). The destinations in these two
                country groups pose low risk that those items will be used for a
                purpose that BIS license requirements are designed to prevent. The
                requirements and conditions for use of License Exception STA include
                the creation and exchange by the parties to the transaction of
                notifications and statements designed to provide assurance against
                diversion of such items to other destinations.
                 Section 740.20(b) of the EAR sets forth various prohibitions and
                limitations on the use of License Exception STA, including in Sec.
                740.20(b)(2)(viii), which prohibits use of STA, regardless of
                destination, for certain Category 9 export control classification
                numbers (ECCNs). Certain software and technology controlled under ECCNs
                9D001, 9D002, 9D004, 9E001, 9E002, and 9E003 are among the Category 9
                items to which this prohibition applies. However, as a result of text
                adopted in the June 16 rule in response to certain public comments, the
                ``Special Conditions for STA'' paragraphs of these Category 9 ECCNs are
                not as comprehensive as Sec. 740.20(b)(2)(viii), which potentially
                confuses exporters. More specifically, these paragraphs state that STA
                eligibility for certain software and technology controlled under the
                ECCNs is excluded to destinations in Country Group A:6, while the
                controlling text of Sec. 740.20(b)(2)(viii) excludes STA eligibility
                for these items regardless of destination. In this rule, BIS proposes
                to clarify the ``Special Conditions for STA'' paragraphs included under
                ECCNs 9D001, 9D002, 9D004, 9E001, 9E002 and 9E003 in order to reduce
                the possibility of confusion. The clarified text, which does not change
                license requirements or restrictions, would direct exporters,
                reexporters, and in-country transferors to the Category 9 limitations
                on the use of STA set forth in Sec. 740.20(b)(2)(viii), when
                determining STA availability for the export, reexport and in-country
                transfer of certain items controlled under those ECCNs.
                 The June 16 rule informed the public that BIS would undertake
                further review regarding whether technology controlled under ECCN
                2E003.f related to the application of certain coatings is, in whole or
                in part, appropriate for exclusion from License Exception STA. See 76
                FR 35276, 35278 (6/16/2011). ECCN 2E003.f controls technology for the
                application of inorganic overlay coatings or inorganic surface
                modification coatings to non-electronic substrates by certain coating
                processes. The coating processes specified in this ECCN are critical to
                the performance of gas turbine engine hot section parts, but are also
                used for other manufacturing processes, such as optics. The operating
                environment of engine hot section parts and components is above the
                actual melting point of the base alloy used to cast these parts;
                however, the alloy does not melt due to three key technologies: Casting
                (controlled in ECCN 9E003), cooling (controlled in ECCNs 9E001 and
                9E003), and coatings (controlled in ECCNs 2E003.f and 9E003). While hot
                section technologies (controlled for Significant Items (SI) reasons)
                require a license for export to destinations worldwide (except Canada)
                and are not eligible for export under license exceptions, coating
                technologies controlled in ECCN 2E003.f are not controlled for SI
                reasons and are currently eligible for export to destinations in
                Country Group A:5 under License Exception STA. Recognizing that the
                scope of 2E003.f coating technology includes technology with sensitive
                industrial applications, this proposed rule would expand restrictions
                on the use of License Exception STA for ECCN 2E003.f technology, when
                the technology is used for the application of inorganic overlay
                coatings on gas turbine engine combustors, or turbine blades, vanes or
                ``tip shrouds'' by adding a new restriction in paragraph (b)(2)(ix) of
                Sec. 740.20.
                 During this review of coating technology, inconsistencies were also
                identified in the eligibility of License Exceptions STA and Technology
                and Software Under Restriction (TSR) (see: Sec. 740.6 of the EAR) for
                ``development'' and ``production'' technology in ECCN 1E001 that has
                applications in the ``development'' and ``production'' of hot section
                gas turbine parts and components as well as advanced military composite
                structures. The Special Conditions for STA paragraph in ECCN 1E001
                currently prohibits the use of License Exception STA to ship or
                transmit ``technology'' for the ``development'' or ``production'' of
                equipment and materials specified by ECCNs 1A002, 1C001, 1C007.c or .d,
                1C010.c or .d to any of the destinations listed in Country Group A:6.
                Some of the technology for which License Exception STA may not be used,
                however, is eligible for export under License Exception TSR not just to
                destinations in Country Group A:6, but to a broader universe of
                destinations in Country Group B.
                 In addition, current STA eligibility with regard to Country Group
                A:6 destinations for 1E001 technology with applications in hot section
                gas turbine parts is inconsistent with Sec. 740.20(b)(2)(viii)'s
                prohibition on the use of STA with regard to all destinations for hot
                section technology in Category 9. Moreover, the exclusions from License
                Exceptions STA and TSR in ECCN 1E001 do not list ECCN 1E001 technology
                related to materials in Category 1 that are critical to the
                ``development'' or ``production'' of advanced composite aircraft
                structures--specifically, ``development'' or ``production'' technology
                for high temperature resins controlled under ECCNs 1C008 or 1C009 and
                fibers or fibers pre-impregnated with a resin (prepregs) controlled in
                ECCNs 1C007 or 1C010.
                 This rule proposes to exclude License Exception STA eligibility to
                all destinations for technology described by ECCN 1E001 for the
                ``development'' or ``production'' of equipment and materials specified
                by ECCNs 1A002, 1C001, 1C007.c, 1C008.a.1, 1C009.b, and 1C010.b, .c or
                .d. This rule also proposes to correct the inconsistencies between
                License Exceptions STA and TSR and to exclude these same technologies
                from eligibility for License Exception TSR.
                 BIS also proposes to make conforming amendments throughout License
                Exception STA Sec. 740.20(b) and in affected ECCNs.
                 BIS seeks public comments on the amendments to the EAR proposed in
                this rule.
                Export Control Reform Act of 2018
                 On August 13, 2018, the President signed into law the John S.
                McCain National Defense Authorization Act for Fiscal Year 2019, which
                included the Export Control Reform Act of 2018 (ECRA), 50 U.S.C. 4801-
                4852. ECRA provides the legal basis for BIS's principal authorities and
                serves as the authority under which BIS issues this rule.
                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, and other advantages; distributive impacts;
                and equity). Executive Order 13563 emphasizes the
                [[Page 58617]]
                importance of quantifying both costs and benefits, of reducing costs,
                of harmonizing rules, and of promoting flexibility. This proposed rule
                has been designated a ``significant regulatory action,'' although not
                economically significant, under section 3(f) of Executive Order 12866.
                 2. This rule does not contain policies with federalism implications
                as that term is defined in Executive Order 13132.
                 3. Notwithstanding any other provision of law, no person is
                required to respond to, nor may a person be made 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
                regulation involves collections previously approved by OMB under
                control number 0694-0088, Simplified Network Application Processing
                System, which includes, among other things, license applications and
                carries a burden estimate of 42.5 minutes for a manual or electronic
                submission.
                 BIS expects the total burden hours associated with this collection
                to increase if this proposed rule is adopted in final form, because the
                proposal limits availability of License Exception STA. Transactions no
                longer eligible for this license exception will require licenses.
                Trying to estimate the number of licenses is difficult because exports
                of intangible technology are not reported as Electronic Export
                Information, limiting the broad availability of transaction data. This
                proposal with request for comments should help get input from the
                public to inform this issue. The request for comments, including
                supporting relevant data, on this rule is intended to inform further
                review of the proposed amendments, if they were to be issued in final
                form.
                 Any comments regarding the collection of information associated
                with this rule, including suggestions for reducing the burden, may be
                sent to Jasmeet K. Seehra, OMB, online at https://www.reginfo.gov/public/do/PRAMain.
                List of Subjects
                15 CFR Part 740
                 Administrative practice and procedure, Exports, Reporting and
                recordkeeping requirements.
                15 CFR Part 774
                 Exports, Reporting and recordkeeping.
                 For the reasons set forth in the preamble, 15 CFR chapter VII,
                subchapter C, is proposed to be amended as follows:
                PART 740--[AMENDED]
                0
                1. The authority citation for 15 CFR part 740 continues to read as
                follows:
                 Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 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.
                0
                2. Revise paragraph (b) of Sec. 740.20 to read as follows:
                Sec. 740.20 License Exception Strategic Trade Authorization (STA).
                * * * * *
                 (b) Requirements and limitations--(1) Requirements for using
                License Exception STA. (i) All of the reasons for control that impose a
                license requirement under part 742 of the EAR on the export, reexport,
                or in country transfer must be addressed in at least one authorizing
                paragraph in paragraph (c) of this section.
                 (ii) The party using License Exception STA must comply with all of
                the requirements in paragraph (d) of this section.
                 (2) Limitations on use of License Exception STA. The prohibitions
                and limits of this paragraph (b)(2) apply notwithstanding the
                authorizations in paragraph (c) of this section.
                 (i) License Exception STA may not be used in lieu of any license
                requirement imposed by part 744 or 746 of the EAR.
                 (ii) License Exception STA may not be used for:
                 (A) Any item controlled in ECCNs 0A501.a, .b, .c, .d, or .e; 0A503;
                0A981; 0A982; 0A983; 0E504; 0E982; or
                 (B) Shotguns with barrel length less than 18 inches controlled in
                0A502.
                 (iii) License Exception STA may not be used for any item that is
                controlled for reason of encryption items (EI), short supply (SS),
                surreptitious listening (SL), missile technology (MT), or chemical
                weapons (CW).
                 (iv) License Exception STA may not be used for any item identified
                on the CCL as being subject to the exclusive export control
                jurisdiction of another agency, such as the Department of State, the
                Department of Energy, or the Nuclear Regulatory Commission.
                 (v) License Exception STA may not be used for:
                 (A) Any item controlled by ECCN 1C351.a, .b, .c, .d.11, .d.12 or
                .e; ECCNs 1C353; 1C354; or ECCN 1E351; or
                 (B) ECCN 1E001 ``technology'' for the ``development'' or
                ``production'' of items specified in ECCNs 1A002; 1C001; 1C007.c or .d;
                1C008.a.1; 1C009.b; 1C010.b, .c or .d; 1C351.a, .b, .c, .d.11, .d.12 or
                .e; 1C353; or 1C354.
                 (vi) Toxins controlled by ECCN 1C351.d.1 through 1C351.d.10 and
                1C351.d.13 through 1C351.d.19 are authorized under License Exception
                STA to destinations indicated in Country Group A:5 (See Supplement No.
                1 to this part), subject to the following limits. For purposes of this
                paragraph (b)(2)(vi), all such toxins that are sent from one exporter,
                reexporter, or transferor to a single end-user, on the same day,
                constitute one shipment.
                 (A) The maximum amount of any one toxin in any one shipment may not
                exceed 100 milligrams.
                 (B) No exporter, reexporter, or transferor may send more than six
                shipments of any one toxin to any one end user in a single calendar
                year.
                 (vii) Commerce Control List Category 7 limitation on use of License
                Exception STA. License Exception STA may not be used for ECCN 7E004
                ``technology,'' except for ``technology'' controlled under ECCN
                7E004.a.7.
                 (viii) Commerce Control List Category 9 limitations on use of
                License Exception STA.
                 (A) License Exception STA may not be used for ECCN 9D001 or 9D002
                ``software'' that is specially designed or modified for the
                ``development'' or ``production'' of:
                 (1) Components of engines controlled by ECCN 9A001 if such
                components incorporate any of the ``technologies'' controlled by ECCN
                9E003.a.1, 9E003.a.2, 9E003.a.3, 9E003.a.4, 9E003.a.5, 9E003.c, 9E003.i
                (other than technology for fan or power turbines), 9E003.h; or
                 (2) Equipment controlled by ECCN 9B001.
                 (B) License Exception STA may not be used for ECCN 9D001
                ``software'' that is specially designed or modified for the
                ``development'' of ``technology'' controlled by ECCN 9E003.a.1,
                9E003.a.2, 9E003.a.3, 9E003.a.4, 9E003.a.5, 9E003.c, 9E003.i (other
                than technology for fan or power turbines) or ECCN 9E003.h. License
                Exception STA may not be used for ECCN 9D001 ``software'' that is
                specially designed or modified for the ``development'' of
                ``technology'' covered by 9E003.a.8 to any of the destinations listed
                in Country Group A:6.
                 (C) License Exception STA may not be used for ECCN 9D004.f or
                9D004.g ``software'' to Country Group A:5 or A:6, and may not be used
                for ECCN 9D004.a or 9D004.c ``software'' to any of the destinations
                listed in Country Group A:6 (See Supplement No. 1 to part 740 of the
                EAR).
                [[Page 58618]]
                 (D) License Exception STA may not be used for 9E001 ``technology''
                to any of the destinations listed in Country Group A:6. In addition,
                License Exception STA may not be used to Country Group A:5 or A:6 for
                9E001 ``technology'' according to the General Technology Note for the
                ``development'' of ECCN 9A001.b engines or components of engines
                controlled by ECCN 9A001.b if such components incorporate:
                 (1) Any of the ``technologies'' controlled by ECCN 9E003.a.1,
                9E003.a.2, 9E003.a.3, 9E003.a.4, 9E003.a.5, 9E003.c, 9E003.i (other
                than technology for fan or power turbines) or 9E003.h; or
                 (2) Any of the ECCN 9D001 or 9D002 software in paragraph
                (b)(2)(viii)(A) or (B) of this section.
                 (E) License Exception STA may not be used for 9E002 ``technology''
                to any of the destinations in Country Group A:6. In addition, License
                Exception STA may not be used for Country Group A:5 or A:6 for 9E002
                ``technology'' according to the General Technology Note for the
                ``production'' of components of engines controlled by 9A001.b if such
                components incorporate any of the ``technologies'' controlled by
                9E003.a.1, 9E003.a.2, 9E003.a.3, 9E003.a.4, 9E003.a.5, 9E003.c, 9E003.i
                (other than technology for fan or power turbines), or 9E003.h.
                 (F) License Exception STA may not be used for ``technology''
                covered by 9E003.a.1, 9E003.a.2, 9E003.a.3, 9E003.a.4, 9E003.a.5,
                9E003.c, 9E003.i (other than technology for fan or power turbines), or
                9E003.h. License Exception STA may not be used for ``technology''
                covered by 9E003.a.8 to any of the destinations listed in Country Group
                A:6.
                 (ix) License Exception STA may not be used for ``technology''
                according to the General Technology Note for 2E003.f when used for the
                application of inorganic overlay coatings on gas turbine engine
                combustors, or turbine blades, vanes or ``tip shrouds.''
                 (x) License Exception STA may not be used for items controlled by
                ECCNs 6A002; 6D002 (software ``specially designed'' for the ``use'' of
                commodities controlled under 6A002.b); 6D003.c; 6D991 (software
                ``specially designed'' for the ``development,'' ``production,'' or
                ``use'' of commodities controlled under 6A002 or 6A003); 6E001
                (``technology'' for the ``development'' of commodities controlled under
                ECCNs 6A002 or 6A003); or 6E002 ``technology'' (for the ``production''
                of commodities controlled under ECCNs 6A002 or 6A003).
                 (xi) License Exception STA may not be used for any commodity
                controlled by ECCN 3A001.b.2 or .b.3 (except those that are being
                exported or reexported for use in civil telecommunications
                applications), or any ``technology'' controlled by 3E001 for the
                ``production'' or ``development'' of commodities controlled by
                3A001.b.2 or .b.3.
                 (3) Limitations on the use of STA that are specific to ``600
                series'' items. (i) License Exception STA may not be used for any ``600
                series'' items identified in the relevant ECCN as not being eligible
                for STA.
                 (ii) License Exception STA may be used to export, reexport, and
                transfer (in-country) ``600 series'' items to persons in Country Group
                A:5, whether non-governmental or governmental, and, for natural
                persons, if they are nationals of a country listed in Country Group A:5
                (See Supplement No. 1 to part 740 of the EAR) or the United States, and
                if:
                 (A) The ultimate end user for such items is the armed forces,
                police, paramilitary, law enforcement, customs, correctional, fire, or
                a search and rescue agency of a government of one of the countries
                listed in Country Group A:5, or the United States Government;
                 (B) For the ``development,'' ``production,'' operation,
                installation, maintenance, repair, overhaul, or refurbishing of an item
                in one of the countries listed in Country Group A:5 or the United
                States that will be for one, or more, of the following purposes:
                 (1) Ultimately to be used by any such government agencies in one of
                the countries listed in Country Group A:5 or the United States
                Government; or
                 (2) Sent to a person in the United States and not for subsequent
                export under Sec. 740.9(b)(1) (License Exception TMP for items moving
                in transit through the United States); or
                 (C) The United States Government has otherwise authorized the
                ultimate end use, the license or other authorization is in effect, and
                the consignee verifies in writing that such authorization exists and
                has provided the license or other approval identifier to the exporter,
                reexporter or transferor (as applicable).
                 (iii) License Exception STA may not be used to export, reexport, or
                transfer (in-country) end items described in ECCN 0A606.a, ECCN
                8A609.a, ECCN 8A620.a or .b, or ECCN 9A610.a until after BIS has
                approved their export under STA under the procedures set out in
                paragraph (g) of this section.
                 (iv) License Exception STA may not be used to export, reexport, or
                transfer (in-country) ``600 series'' items if they are ``600 Series
                Major Defense Equipment'' and the value of such items in the contract
                requiring their export exceeds $25,000,000.
                 Note 1 to paragraphs (b)(2) and (3): Any export, reexport, or
                transfer (in-country) originally authorized under License Exception STA
                must stay within the scope of the original authorization. For example,
                for ``600 series'' items authorized under License Exception STA, such
                items must be provided to an eligible ultimate end user, such as a
                Country Group A:5 military, to stay in compliance with the original
                authorization. This requirement for the ``600 series'' is referred to
                as `completing the chain,' meaning regardless of how many times the
                ``600 series'' item is transferred (in-country) or whether the ``600
                series'' item is incorporated into higher level assemblies or other
                items, the ``600 series'' item must ultimately be provided to an
                eligible ultimate end user, or be otherwise authorized under the EAR.
                This applies regardless of whether the ``600 series'' item has been
                incorporated into a foreign-made item that may no longer be ``subject
                to the EAR.'' Because the other items eligible for authorization under
                License Exception STA (9x515 and other non-600 series ECCNs) do not
                include the ``600 series'' requirements specific to the ultimate end
                user, this `completing the chain' concept does not apply to 9x515 and
                other non-600 series ECCNs authorized under License Exception STA.
                However, the original export, reexport, or transfer (in-country) made
                under License Exception STA for 9x515 and other non-600 series ECCNs
                still must comply with the original authorization--meaning the terms
                and conditions of License Exception STA.
                * * * * *
                PART 774--[AMENDED]
                0
                3. The authority citation for 15 CFR part 774 continues to read as
                follows:
                 Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
                U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
                287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
                U.S.C. 1824; 50 U.S.C. 4305; 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.
                0
                4. In Supplement No. 1 to part 774, Category 1, Export Control
                Classification Number (ECCN) 1E001 is revised to read as follows:
                SUPPLEMENT NO. 1 TO PART 774--THE COMMERCE CONTROL LIST
                * * * * *
                1E001 ``Technology'' according to the General Technology Note for
                the
                [[Page 58619]]
                ``development'' or ``production'' of items controlled by 1A002,
                1A003, 1A004, 1A005, 1A006.b, 1A007, 1A008 1A101, 1A231, 1B (except
                1B608, 1B613 or 1B999), or 1C (except 1C355, 1C608, 1C980 to 1C984,
                1C988, 1C990, 1C991, 1C995 to 1C999).
                License Requirements
                Reason for Control: NS, MT, NP, CB, RS, AT
                
                 Country chart (See Supp. No.
                 Control(s) 1 to part 738)
                
                NS applies to ``technology'' for items NS Column 1.
                 controlled by 1A002, 1A003, 1A005,
                 1A006.b, 1A007, 1B001 to 1B003, 1C001 to
                 1C011.
                NS applies to ``technology'' for items NS Column 2.
                 controlled by 1A004.
                MT applies to ``technology'' for items MT Column 1.
                 controlled by 1A101, 1B001, 1B101, 1B102,
                 1B115 to 1B119, 1C001, 1C007, 1C011,
                 1C101, 1C102, 1C107, 1C111, 1C116, 1C117,
                 or 1C118 for MT reasons.
                NP applies to ``technology'' for items NP Column 1.
                 controlled by 1A002, 1A007, 1A231, 1B001,
                 1B101, 1B201, 1B225, 1B226, 1B228 to
                 1B234, 1C002, 1C010, 1C111, 1C116, 1C202,
                 1C210, 1C216, 1C225 to 1C237, or 1C239 to
                 1C241 for NP reasons.
                CB applies to ``technology'' for items CB Column 1.
                 controlled by 1C351, 1C353, or 1C354.
                CB applies to ``technology'' for materials CB Column 2.
                 controlled by 1C350 and for chemical
                 detection systems and dedicated detectors
                 therefor, in 1A004.c, that also have the
                 technical characteristics described in
                 2B351.a.
                RS applies to technology for equipment RS Column 2.
                 controlled in 1A004.d.
                AT applies to entire entry................ AT Column 1.
                
                Reporting Requirements
                 See Sec. 743.1 of the EAR for reporting requirements for
                exports under License Exceptions, and Validated End-User
                authorizations.
                List Based License Exceptions (See Part 740 for a Description of All
                License Exceptions)
                TSR: Yes, except for the following:
                 (1) Items controlled for MT reasons; or
                 (2) Exports and reexports of ``technology'' for the
                ``development'' or production'' of the following:
                 (a) Items controlled by 1A002, 1C001, 1C007.c, 1C008.a.1,
                1C009.b, 1C010.b, c, or d
                 (b) [Reserved]
                Special Conditions for STA
                STA: See Sec. 740.20(b)(2)(v) of License Exception STA for
                limitations on availability of STA for items in this entry.
                List of Items Controlled
                Related Controls (1) Also see ECCNs 1E101, 1E201, and 1E202. (2) See
                ECCN 1E608 for ``technology'' for items classified under ECCN 1B608
                or 1C608 (note that ECCN 1E001 controls ``development'' and
                ``production'' ``technology'' for chlorine trifluoride controlled by
                ECCN 1C111.a.3.f--see ECCN 1E101 for controls on ``use''
                ``technology'' for chlorine trifluoride). (3) See ECCN 1E002.g for
                control libraries (parametric technical databases) ``specially
                designed'' or modified to enable equipment to perform the functions
                of equipment controlled under ECCN 1A004.c (Nuclear, biological and
                chemical (NBC) detection systems) or ECCN 1A004.d (Equipment for
                detecting or identifying explosives residues). (4) ``Technology''
                for lithium isotope separation (see related ECCN 1B233) and
                ``technology'' for items described in ECCN 1C012 are subject to the
                export licensing authority of the Department of Energy (see 10 CFR
                part 810). (5) ``Technology'' for items described in ECCN 1A102 is
                ``subject to the ITAR'' (see 22 CFR parts 120 through 130).
                Related Definitions: N/A
                Items:
                 The list of items controlled is contained in the ECCN heading.
                0
                5. In Supplement No. 1 to part 774, Category 2, ECCN 2E003 is revised
                to read as follows:
                2E003 Other ``technology'', as follows (see List of Items
                Controlled).
                License Requirements
                Reason for Control: NS, AT
                
                 Country chart (See Supp. No.
                 Control(s) 1 to part 738)
                
                NS applies to entire entry................ NS Column 1.
                AT applies to entire entry................ AT Column 1.
                
                List Based License Exceptions (See Part 740 for a Description of All
                License Exceptions)
                TSR: Yes, except 2E003.b, .e and .f
                Special Conditions for STA
                STA: See Sec. 740.20(b)(2)(ix) of License Exception STA for
                limitations on availability of STA for items in this entry.
                List of Items Controlled
                Related Controls: See 2E001, 2E002, and 2E101 for ``development''
                and ``use'' technology for equipment that are designed or modified
                for densification of carbon-carbon composites, structural composite
                rocket nozzles and reentry vehicle nose tips.
                Related Definitions: N/A
                Items:
                 a. [Reserved]
                 b. ``Technology'' for metal-working manufacturing processes, as
                follows:
                 b.1. ``Technology'' for the design of tools, dies or fixtures
                ``specially designed'' for any of the following processes:
                 b.1.a. ``Superplastic forming'';
                 b.1.b. ``Diffusion bonding''; or
                 b.1.c. ``Direct-acting hydraulic pressing'';
                 b.2. Technical data consisting of process methods or parameters
                as listed below used to control:
                 b.2.a. ``Superplastic forming'' of aluminum alloys, titanium
                alloys or ``superalloys'':
                 b.2.a.1. Surface preparation;
                 b.2.a.2. Strain rate;
                 b.2.a.3. Temperature;
                 b.2.a.4. Pressure;
                 b.2.b. ``Diffusion bonding'' of ``superalloys'' or titanium
                alloys:
                 b.2.b.1. Surface preparation;
                 b.2.b.2. Temperature;
                 b.2.b.3. Pressure;
                 b.2.c. `Direct-acting hydraulic pressing' of aluminum alloys or
                titanium alloys:
                 b.2.c.1. Pressure;
                 b.2.c.2. Cycle time;
                 b.2.d. `Hot isostatic densification' of titanium alloys,
                aluminum alloys or ``superalloys'':
                 b.2.d.1. Temperature;
                 b.2.d.2. Pressure;
                 b.2.d.3. Cycle time;
                 Technical Notes: 1. `Direct-acting hydraulic pressing' is a
                deformation process which uses a fluid-filled flexible bladder in
                direct contact with the workpiece.
                 2. `Hot isostatic densification' is a process of pressurizing a
                casting at temperatures exceeding 375 K (102 [deg]C) in a closed
                cavity through various media (gas, liquid, solid particles, etc.) to
                create equal force in all directions to reduce or eliminate internal
                voids in the casting.
                 c. ``Technology'' for the ``development'' or ``production'' of
                hydraulic stretch-forming machines and dies therefor, for the
                manufacture of airframe structures;
                 d. [Reserved]
                 e. ``Technology'' for the ``development'' of integration
                ``software'' for incorporation of
                [[Page 58620]]
                expert systems for advanced decision support of shop floor
                operations into ``numerical control'' units;
                 f. ``Technology'' for the application of inorganic overlay
                coatings or inorganic surface modification coatings (specified in
                column 3 of the following table) to non-electronic substrates
                (specified in column 2 of the following table), by processes
                specified in column 1 of the following table and defined in the
                Technical Note.
                 N.B.: This table should be read to control the technology of a
                particular `Coating Process' only when the resultant coating in
                column 3 is in a paragraph directly across from the relevant
                `Substrate' under column 2. For example, Chemical Vapor Deposition
                (CVD) `coating process' control the ``technology'' for a particular
                application of `silicides' to `Carbon-carbon, Ceramic and Metal
                ``matrix'' ``composites'' substrates, but are not controlled for the
                application of `silicides' to `Cemented tungsten carbide (16),
                Silicon carbide (18)' substrates. In the second case, the resultant
                coating is not listed in the paragraph under column 3 directly
                across from the paragraph under column 2 listing `Cemented tungsten
                carbide (16), Silicon carbide (18)'.
                 Category 2E--Materials Processing Table; Deposition Techniques
                ------------------------------------------------------------------------
                 1. Coating process (1) \1\ 2. Substrate 3. Resultant coating
                ------------------------------------------------------------------------
                A. Chemical Vapor Deposition ``Superalloys''.. Aluminides for
                 (CVD). internal passages.
                 Ceramics (19) and Silicides, Carbides,
                 Low-expansion Dielectric layers
                 glasses (14). (15), Diamond,
                 Diamond-like carbon
                 (17).
                 Carbon-carbon, Silicides, Carbides,
                 Ceramic, and Refractory metals,
                 Metal ``matrix'' Mixtures thereof
                 ``composites``. (4), Dielectric
                 layers (15),
                 Aluminides, Alloyed
                 aluminides (2),
                 Boron nitride.
                 Cemented Carbides, Tungsten,
                 tungsten, Mixtures thereof
                 carbide (16), (4), Dielectric
                 Silicon carbide layers (15).
                 (18).
                 Molybdenum and Dielectric layers
                 Molybdenum (15).
                 alloys.
                 Beryllium and Dielectric layers
                 Beryllium alloys. (15), Diamond,
                 Diamond-like carbon
                 (17).
                 Sensor window Dielectric layers
                 materials (9). (15), Diamond,
                 Diamond-like carbon
                 (17).
                B. Thermal-Evaporation,
                 Physical Vapor.
                 1. Physical Vapor ``Superalloys''.. Alloyed silicides,
                 Deposition (PVD): Alloyed aluminides
                 Deposition (TE-PVD) (2), MCrAlX (5),
                 Electron-Beam, (EB-PVD). Modified zirconia
                 (12), Silicides,
                 Aluminides, Mixtures
                 thereof (4).
                 Ceramics (19) and Dielectric layers
                 Low-expansion (15).
                 glasses (14).
                 Corrosion MCrAlX (5), Modified
                 resistant steel zirconia (12),
                 (7). Mixtures thereof
                 (4).
                 Carbon-carbon, Silicides, Carbides,
                 Ceramic and Refractory metals,
                 Metal ``matrix'' Mixtures thereof
                 ``composites''. (4), Dielectric
                 layers (15), Boron
                 nitride.
                 Cemented tungsten Carbides, Tungsten,
                 carbide (16), Mixtures thereof
                 Silicon carbide (4), Dielectric
                 (18). layers (15).
                 Molybdenum and Dielectric layers
                 Molybdenum (15).
                 alloys.
                 Beryllium and Dielectric layers
                 Beryllium alloys. (15), Borides,
                 Beryllium.
                 Sensor window Dielectric layers
                 materials (9). (15).
                 Titanium alloys Borides, Nitrides.
                 (13).
                 2. Ion assisted resistive Ceramics (19) and Dielectric layers
                 heating Physical Vapor Low-expansion (15), Diamond-like
                 Deposition (PVD) (Ion glasses (14). carbon (17).
                 Plating).
                 Carbon-carbon, Dielectric layers
                 Ceramic and (15).
                 Metal ``matrix''
                 ``composites''.
                 Cemented tungsten Dielectric layers
                 carbide (16), (15).
                 Silicon carbide.
                 Molybdenum and Dielectric layers
                 Molybdenum (15).
                 alloys.
                 Beryllium and Dielectric layers
                 Beryllium alloys. (15).
                 Sensor window Dielectric Layers
                 materials (9). (15), Diamond-like
                 carbon (17).
                 3. Physical Vapor Ceramics (19) and Silicides, Dielectric
                 Deposition (PVD): Low-expansion layers (15), Diamond-
                 ``Laser'' Vaporization. glasses (14). like carbon (17).
                 Carbon-carbon, Dielectric layers
                 Ceramic and (15).
                 Metal ``matrix''
                 ``composites''.
                 Cemented tungsten Dielectric Layers
                 carbide (16), (15).
                 Silicon carbide.
                 Molybdenum and Dielectric layers
                 Molybdenum (15).
                 alloys.
                 Beryllium and Dielectric layers
                 Beryllium alloys. (15).
                 Sensor window Dielectric layers
                 materials (9). (15), Diamond-like
                 carbon.
                 4. Physical Vapor ``Superalloys''.. Alloyed silicides,
                 Deposition (PVD): Alloyed Aluminides
                 Cathodic Arc Discharge. (2), MCrA1X (5).
                 Polymers (11) and Borides, Carbides,
                 Organic Nitrides, Diamond-
                 ``matrix'' like carbon (17).
                 ``composites''.
                C. Pack cementation (see A Carbon-carbon, Silicides, Carbides,
                 above for out-of-pack Ceramic and Mixtures thereof
                 cementation) (10). Metal ``matrix'' (4).
                 ``composites''.
                 Titanium alloys Silicides,
                 (13). Aluminides, Alloyed
                 aluminides (2).
                 Refractory metals Silicides, Oxides.
                 and alloys (8).
                [[Page 58621]]
                
                D. Plasma spraying............ ``Superalloys''.. MCrAlX (5), Modified
                 zirconia (12),
                 Mixtures thereof
                 (4), Abradable
                 Nickel-Graphite,
                 Abradable materials
                 containing, Ni-Cr-Al
                 Abradable Al-Si-
                 Polyester Alloyed
                 aluminides (2).
                 Aluminum alloys MCrAlX (5), Modified
                 (6). zirconia (12),
                 Silicides, Mixtures
                 thereof (4).
                 Refractory metals Aluminides,
                 and alloys (8), Silicides, MCrAlX
                 Carbides, (5), Modified
                 Corrosion zirconia (12),
                 resistant steel Mixtures thereof
                 (7). (4).
                 Titanium alloys Carbides, Aluminides,
                 (13). Silicides, Alloyed
                 aluminides (2).
                 Abradable Nickel Abradable materials
                 Graphite. containing, Ni-Cr-
                 Al, Abradable Al-Si-
                 Polyester.
                E. Slurry Deposition.......... Refractory metals Fused silicides,
                 and alloys (8). Fused aluminides,
                 except for
                 resistance heating
                 elements.
                 Carbon-carbon, Silicides, Carbides,
                 Ceramic and Mixtures thereof
                 Metal ``matrix'' (4).
                 ``composites''.
                F. Sputter Deposition......... ``Superalloys''.. Alloyed silicides,
                 Alloyed aluminides
                 (2), Noble metal
                 modified aluminides
                 (3), MCrAlX (5),
                 Modified zirconia
                 (12), Platinum,
                 Mixtures thereof
                 (4).
                 Ceramics and Low- Silicides, Platinum,
                 expansion Mixtures thereof
                 glasses (14). (4), Dielectric
                 layers (15), Diamond-
                 like carbon (17).
                 Titanium alloys Borides, Nitrides,
                 (13). Oxides, Silicides,
                 Aluminides, Alloyed
                 aluminides (2),
                 Carbides.
                 Carbon-carbon, Silicides, Carbides,
                 Ceramic and Refractory metals,
                 Metal ``matrix'' Mixtures thereof
                 ``Composites''. (4), Dielectric
                 layers (15), Boron
                 nitride.
                 Cemented tungsten Carbides, Tungsten,
                 carbide (16), Mixtures thereof
                 Silicon carbide (4), Dielectric
                 (18). layers (15), Boron
                 nitride.
                 Molybdenum and Dielectric layers
                 Molybdenum (15).
                 alloys.
                 Beryllium and Borides, Dielectric
                 Beryllium alloys. layers (15),
                 Beryllium.
                 Sensor window Dielectric layers
                 materials (9). (15), Diamond-like
                 carbon (17).
                 Refractory metals Aluminides,
                 and alloys (8). Silicides, Oxides,
                 Carbides.
                G. Ion Implantation........... High temperature Additions of
                 bearing steels. Chromium, Tantalum,
                 or Niobium
                 (Columbium).
                 Titanium alloys Borides, Nitrides.
                 (13).
                 Beryllium and Borides.
                 Beryllium alloys.
                 Cemented tungsten Carbides, Nitrides.
                 carbide (16).
                ------------------------------------------------------------------------
                \1\ The numbers in parenthesis refer to the Notes following this Table.
                 Notes to Table on Deposition Techniques:
                 1. The term ``coating process'' includes coating repair and
                refurbishing as well as original coating.
                 2. The term ``alloyed aluminide coating'' includes single or
                multiple-step coatings in which an element or elements are deposited
                prior to or during application of the aluminide coating, even if
                these elements are deposited by another coating process. It does
                not, however, include the multiple use of single-step pack
                cementation processes to achieve alloyed aluminides.
                 3. The term ``noble metal modified aluminide'' coating includes
                multiple-step coatings in which the noble metal or noble metals are
                laid down by some other coating process prior to application of the
                aluminide coating.
                 4. The term ``mixtures thereof'' includes infiltrated material,
                graded compositions, co-deposits and multilayer deposits and are
                obtained by one or more of the coating processes specified in the
                Table.
                 5. MCrAlX refers to a coating alloy where M equals cobalt, iron,
                nickel or combinations thereof and X equals hafnium, yttrium,
                silicon, tantalum in any amount or other intentional additions over
                0.01% by weight in various proportions and combinations, except:
                 a. CoCrAlY coatings which contain less than 22% by weight of
                chromium, less than 7% by weight of aluminum and less than 2% by
                weight of yttrium;
                 b. CoCrAlY coatings which contain 22 to 24% by weight of
                chromium, 10 to 12% by weight of aluminum and 0.5 to 0.7% by weight
                of yttrium; or
                 c. NiCrAlY coatings which contain 21 to 23% by weight of
                chromium, 10 to 12% by weight of aluminum and 0.9 to 1.1% by weight
                of yttrium.
                 6. The term ``aluminum alloys'' refers to alloys having an
                ultimate tensile strength of 190 MPa or more measured at 293 K (20
                [deg]C).
                 7. The term ``corrosion resistant steel'' refers to AISI
                (American Iron and Steel Institute) 300 series or equivalent
                national standard steels.
                 8. ``Refractory metals and alloys'' include the following metals
                and their alloys: Niobium (columbium), molybdenum, tungsten and
                tantalum.
                 9. ``Sensor window materials'', as follows: Alumina, silicon,
                germanium, zinc sulfide, zinc selenide, gallium arsenide, diamond,
                gallium phosphide, sapphire and the following metal halides: Sensor
                window materials of more than 40 mm diameter for zirconium fluoride
                and hafnium fluoride.
                 10. Category 2 does not include ``technology'' for single-step
                pack cementation of solid airfoils.
                 11. ``Polymers'', as follows: Polyimide, polyester, polysulfide,
                polycarbonates and polyurethanes.
                 12. ``Modified zirconia'' refers to additions of other metal
                oxides, (e.g., calcia, magnesia, yttria, hafnia, rare earth oxides)
                to zirconia in order to stabilize certain crystallographic phases
                and phase compositions. Thermal barrier coatings made of zirconia,
                modified with calcia or magnesia by mixing or fusion, are not
                controlled.
                 13. ``Titanium alloys'' refers only to aerospace alloys having
                an ultimate tensile strength of 900 MPa or more measured at 293 K
                (20 [deg]C).
                 14. ``Low-expansion glasses'' refers to glasses which have a
                coefficient of thermal expansion of 1 x 10-7 K-1 or less measured at
                293 K (20 [deg]C).
                 15. ``Dielectric layers'' are coatings constructed of multi-
                layers of insulator materials in which the interference properties
                of a design composed of materials of various refractive indices are
                used to reflect, transmit or absorb various wavelength bands.
                Dielectric layers refers to more than four dielectric layers or
                dielectric/metal ``composite'' layers.
                 16. ``Cemented tungsten carbide'' does not include cutting and
                forming tool materials consisting of tungsten carbide/(cobalt,
                nickel), titanium carbide/(cobalt, nickel), chromium carbide/nickel-
                chromium and chromium carbide/nickel.
                 17. ``Technology'' for depositing diamond-like carbon on any of
                the following is not controlled: Magnetic disk drives and heads,
                equipment for the manufacture of disposables, valves for faucets,
                acoustic diaphragms for speakers, engine parts for automobiles,
                cutting tools, punching-pressing
                [[Page 58622]]
                dies, office automation equipment, microphones, medical devices or
                molds, for casting or molding of plastics, manufactured from alloys
                containing less than 5% beryllium.
                 18. ``Silicon carbide'' does not include cutting and forming
                tool materials.
                 19. Ceramic substrates, as used in this entry, does not include
                ceramic materials containing 5% by weight, or greater, clay or
                cement content, either as separate constituents or in combination.
                 Technical Note to Table on Deposition Techniques: Processes
                specified in Column 1 of the Table are defined as follows:
                 a. Chemical Vapor Deposition (CVD) is an overlay coating or
                surface modification coating process wherein a metal, alloy,
                ``composite'', dielectric or ceramic is deposited upon a heated
                substrate. Gaseous reactants are decomposed or combined in the
                vicinity of a substrate resulting in the deposition of the desired
                elemental, alloy or compound material on the substrate. Energy for
                this decomposition or chemical reaction process may be provided by
                the heat of the substrate, a glow discharge plasma, or ``laser''
                irradiation.
                 Note 1: CVD includes the following processes: Directed gas flow
                out-of-pack deposition, pulsating CVD, controlled nucleation thermal
                decomposition (CNTD), plasma enhanced or plasma assisted CVD
                processes.
                 Note 2: Pack denotes a substrate immersed in a powder mixture.
                 Note 3: The gaseous reactants used in the out-of-pack process
                are produced using the same basic reactions and parameters as the
                pack cementation process, except that the substrate to be coated is
                not in contact with the powder mixture.
                 b. Thermal Evaporation-Physical Vapor Deposition (TE-PVD) is an
                overlay coating process conducted in a vacuum with a pressure less
                than 0.1 Pa wherein a source of thermal energy is used to vaporize
                the coating material. This process results in the condensation, or
                deposition, of the evaporated species onto appropriately positioned
                substrates. The addition of gases to the vacuum chamber during the
                coating process to synthesize compound coatings is an ordinary
                modification of the process. The use of ion or electron beams, or
                plasma, to activate or assist the coating's deposition is also a
                common modification in this technique. The use of monitors to
                provide in-process measurement of optical characteristics and
                thickness of coatings can be a feature of these processes. Specific
                TE-PVD processes are as follows:
                 1. Electron Beam PVD uses an electron beam to heat and evaporate
                the material which forms the coating;
                 2. Ion Assisted Resistive Heating PVD employs electrically
                resistive heating sources in combination with impinging ion beam(s)
                to produce a controlled and uniform flux of evaporated coating
                species;
                 3. ``Laser'' Vaporization uses either pulsed or continuous wave
                ``laser'' beams to vaporize the material which forms the coating;
                 4. Cathodic Arc Deposition employs a consumable cathode of the
                material which forms the coating and has an arc discharge
                established on the surface by a momentary contact of a ground
                trigger. Controlled motion of arcing erodes the cathode surface
                creating a highly ionized plasma. The anode can be either a cone
                attached to the periphery of the cathode, through an insulator, or
                the chamber. Substrate biasing is used for non line-of-sight
                deposition.
                 Note: This definition does not include random cathodic arc
                deposition with non-biased substrates.
                 5. Ion Plating is a special modification of a general TE-PVD
                process in which a plasma or an ion source is used to ionize the
                species to be deposited, and a negative bias is applied to the
                substrate in order to facilitate the extraction of the species from
                the plasma. The introduction of reactive species, evaporation of
                solids within the process chamber, and the use of monitors to
                provide in-process measurement of optical characteristics and
                thicknesses of coatings are ordinary modifications of the process.
                 c. Pack Cementation is a surface modification coating or overlay
                coating process wherein a substrate is immersed in a powder mixture
                (a pack), that consists of:
                 1. The metallic powders that are to be deposited (usually
                aluminum, chromium, silicon or combinations thereof);
                 2. An activator (normally a halide salt); and
                 3. An inert powder, most frequently alumina.
                 Note: The substrate and powder mixture is contained within a
                retort which is heated to between 1,030 K (757 [deg]C) to 1,375 K
                (1,102 [deg]C) for sufficient time to deposit the coating.
                 d. Plasma Spraying is an overlay coating process wherein a gun
                (spray torch) which produces and controls a plasma accepts powder or
                wire coating materials, melts them and propels them towards a
                substrate, whereon an integrally bonded coating is formed. Plasma
                spraying constitutes either low pressure plasma spraying or high
                velocity plasma spraying.
                 Note 1: Low pressure means less than ambient atmospheric
                pressure.
                 Note 2: High velocity refers to nozzle-exit gas velocity
                exceeding 750 m/s calculated at 293 K (20 [deg] C) at 0.1 MPa.
                 e. Slurry Deposition is a surface modification coating or
                overlay coating process wherein a metallic or ceramic powder with an
                organic binder is suspended in a liquid and is applied to a
                substrate by either spraying, dipping or painting, subsequent air or
                oven drying, and heat treatment to obtain the desired coating.
                 f. Sputter Deposition is an overlay coating process based on a
                momentum transfer phenomenon, wherein positive ions are accelerated
                by an electric field towards the surface of a target (coating
                material). The kinetic energy of the impacting ions is sufficient to
                cause target surface atoms to be released and deposited on an
                appropriately positioned substrate.
                 Note 1: The Table refers only to triode, magnetron or reactive
                sputter deposition which is used to increase adhesion of the coating
                and rate of deposition and to radio frequency (RF) augmented sputter
                deposition used to permit vaporization of non-metallic coating
                materials.
                 Note 2: Low-energy ion beams (less than 5 keV) can be used to
                activate the deposition.
                 g. Ion Implantation is a surface modification coating process in
                which the element to be alloyed is ionized, accelerated through a
                potential gradient and implanted into the surface region of the
                substrate. This includes processes in which ion implantation is
                performed simultaneously with electron beam physical vapor
                deposition or sputter deposition.
                 Accompanying Technical Information to Table on Deposition
                Techniques:
                 1. Technical information for pretreatments of the substrates
                listed in the Table, as follows:
                 a. Chemical stripping and cleaning bath cycle parameters, as
                follows:
                 1. Bath composition;
                 a. For the removal of old or defective coatings corrosion
                product or foreign deposits;
                 b. For preparation of virgin substrates;
                 2. Time in bath;
                 3. Temperature of bath;
                 4. Number and sequences of wash cycles;
                 b. Visual and macroscopic criteria for acceptance of the cleaned
                part;
                 c. Heat treatment cycle parameters, as follows:
                 1. Atmosphere parameters, as follows:
                 a. Composition of the atmosphere;
                 b. Pressure of the atmosphere;
                 2. Temperature for heat treatment;
                 3. Time of heat treatment;
                 d. Substrate surface preparation parameters, as follows:
                 1. Grit blasting parameters, as follows:
                 a. Grit composition;
                 b. Grit size and shape;
                 c. Grit velocity;
                 2. Time and sequence of cleaning cycle after grit blast;
                 3. Surface finish parameters;
                 4. Application of binders to promote adhesion;
                 e. Masking technique parameters, as follows:
                 1. Material of mask;
                 2. Location of mask;
                 2. Technical information for in situ quality assurance
                techniques for evaluation of the coating processes listed in the
                Table, as follows:
                 a. Atmosphere parameters, as follows:
                 1. Composition of the atmosphere;
                 2. Pressure of the atmosphere;
                 b. Time parameters;
                 c. Temperature parameters;
                 d. Thickness parameters;
                 e. Index of refraction parameters;
                 f. Control of composition;
                 3. Technical information for post deposition treatments of the
                coated substrates listed in the Table, as follows:
                 a. Shot peening parameters, as follows:
                 1. Shot composition;
                 2. Shot size;
                 3. Shot velocity;
                 b. Post shot peening cleaning parameters;
                 c. Heat treatment cycle parameters, as follows:
                 1. Atmosphere parameters, as follows:
                 a. Composition of the atmosphere;
                 b. Pressure of the atmosphere;
                 2. Time-temperature cycles;
                [[Page 58623]]
                 d. Post heat treatment visual and macroscopic criteria for
                acceptance of the coated substrates;
                 4. Technical information for quality assurance techniques for
                the evaluation of the coated substrates listed in the Table, as
                follows:
                 a. Statistical sampling criteria;
                 b. Microscopic criteria for:
                 1. Magnification;
                 2. Coating thickness, uniformity;
                 3. Coating integrity;
                 4. Coating composition;
                 5. Coating and substrates bonding;
                 6. Microstructural uniformity.
                 c. Criteria for optical properties assessment (measured as a
                function of wavelength):
                 1. Reflectance;
                 2. Transmission;
                 3. Absorption;
                 4. Scatter;
                 5. Technical information and parameters related to specific
                coating and surface modification processes listed in the Table, as
                follows:
                 a. For Chemical Vapor Deposition (CVD):
                 1. Coating source composition and formulation;
                 2. Carrier gas composition;
                 3. Substrate temperature;
                 4. Time-temperature-pressure cycles;
                 5. Gas control and part manipulation;
                 b. For Thermal Evaporation-Physical Vapor Deposition (PVD):
                 1. Ingot or coating material source composition;
                 2. Substrate temperature;
                 3. Reactive gas composition;
                 4. Ingot feed rate or material vaporization rate;
                 5. Time-temperature-pressure cycles;
                 6. Beam and part manipulation;
                 7. ``Laser'' parameters, as follows:
                 a. Wave length;
                 b. Power density;
                 c. Pulse length;
                 d. Repetition ratio;
                 e. Source;
                 c. For Pack Cementation:
                 1. Pack composition and formulation;
                 2. Carrier gas composition;
                 3. Time-temperature-pressure cycles;
                 d. For Plasma Spraying:
                 1. Powder composition, preparation and size distributions;
                 2. Feed gas composition and parameters;
                 3. Substrate temperature;
                 4. Gun power parameters;
                 5. Spray distance;
                 6. Spray angle;
                 7. Cover gas composition, pressure and flow rates;
                 8. Gun control and part manipulation;
                 e. For Sputter Deposition:
                 1. Target composition and fabrication;
                 2. Geometrical positioning of part and target;
                 3. Reactive gas composition;
                 4. Electrical bias;
                 5. Time-temperature-pressure cycles;
                 6. Triode power;
                 7. Part manipulation;
                 f. For Ion Implantation:
                 1. Beam control and part manipulation;
                 2. Ion source design details;
                 3. Control techniques for ion beam and deposition rate
                parameters;
                 4. Time-temperature-pressure cycles.
                 g. For Ion Plating:
                 1. Beam control and part manipulation;
                 2. Ion source design details;
                 3. Control techniques for ion beam and deposition rate
                parameters;
                 4. Time-temperature-pressure cycles;
                 5. Coating material feed rate and vaporization rate;
                 6. Substrate temperature;
                 7. Substrate bias parameters.
                0
                6. In Supplement No. 1 to part 774, Category 9, ECCN 9D001 is revised
                to read as follows:
                9D001 ``Software'', not specified in 9D003 or 9D004, ``specially
                designed'' or modified for the ``development'' of equipment or
                ``technology'' controlled by ECCN 9A001 to 9A004, 9A012, 9A101
                (except for items in 9A101.b that are ``subject to the ITAR,'' see
                22 CFR part 121), 9A106.d. or .e, 9A110, or 9A120, 9B (except for
                ECCNs 9B604, 9B610, 9B619, 9B990, and 9B991), or ECCN 9E003.
                License Requirements
                Reason for Control: NS, MT, AT
                
                 Country chart (See Supp. No.
                 Control(s) 1 to part 738)
                
                NS applies to ``software'' for equipment NS Column 1.
                 controlled by 9A001 to 9A004, 9A012,
                 9B001 to 9B010, and technology controlled
                 by 9E003.
                MT applies to ``software'' for equipment MT Column 1.
                 controlled by 9B116 for MT reasons.
                AT applies to entire entry................ AT Column 1.
                
                Reporting Requirements
                 See Sec. 743.1 of the EAR for reporting requirements for
                exports under License Exceptions, and Validated End-User
                authorizations.
                List Based License Exceptions (See Part 740 for a Description of All
                License Exceptions)
                TSR: N/A.
                Special Conditions for STA
                STA: See Sec. 740.20(b)(2)(viii) of License Exception STA for
                limitations on availability of STA for Commerce Control List
                Category 9 items in this entry.
                List of Items Controlled
                Related Controls ``Software'' that is ``required'' for the
                ``development'' of items specified in ECCNs 9A005 to 9A011, 9A101.b
                (except for items that are subject to the EAR), 9A103 to 9A105,
                9A106.a, .b, and .c, 9A107 to 9A109, 9A110 (for items that are
                ``specially designed'' for use in missile systems and subsystems),
                and 9A111 to 9A119 is ``subject to the ITAR.''
                Related Definitions: N/A
                Items:
                 The list of items controlled is contained in the ECCN heading.
                0
                7. In Supplement No. 1 to part 774, Category 9, ECCN 9D002 is revised
                to read as follows:
                9D002 ``Software'', not specified in 9D003 or 9D004, ``specially
                designed'' or modified for the ``production'' of equipment
                controlled by ECCN 9A001 to 9A004, 9A012, 9A101 (except for items in
                9A101.b that are ``subject to the ITAR,'' see 22 CFR part 121),
                9A106.d or .e, 9A110, or 9A120, 9B (except for ECCNs 9B604, 9B610,
                9B619, 9B990, and 9B991).
                License Requirements
                Reason for Control: NS, MT, AT
                
                 Country chart (See Supp. No.
                 Control(s) 1 to part 738)
                
                NS applies to ``software'' for equipment NS Column 1.
                 controlled by 9A001 to 9A004, 9A012,
                 9B001 to 9B010.
                MT applies to ``software'' for equipment MT Column 1.
                 controlled by 9B116 for MT reasons.
                AT applies to entire entry................ AT Column 1.
                
                Reporting Requirements
                 See Sec. 743.1 of the EAR for reporting requirements for
                exports under License Exceptions, and Validated End-User
                authorizations.
                List Based License Exceptions (See Part 740 for a Description of All
                License Exceptions)
                TSR: N/A.
                Special Conditions for STA
                STA: See Sec. 740.20(b)(2)(viii) of License Exception STA for
                limitations on availability of STA for Commerce Control List
                Category 9 items in this entry.
                List of Items Controlled
                Related Controls: ``Software'' that is ``required'' for the
                ``production'' of items specified in ECCNs 9A005 to 9A011, 9A101.b
                (except for items that are subject to the EAR), 9A103 to 9A105,
                9A106.a, .b, and .c, 9A107 to 9A109, 9A110 (for items that are
                ``specially designed'' for use in missile systems and subsystems),
                and 9A111 to 9A119 is ``subject to the ITAR.''
                Related Definitions: N/A
                Items:
                 The list of items controlled is contained in the ECCN heading.
                0
                8. In Supplement No. 1 to part 774, Category 9, ECCN 9D004 is revised
                to read as follows:
                9D004 Other ``software'' as follows (see List of Items Controlled).
                [[Page 58624]]
                License Requirements
                Reason for Control: NS, AT
                
                 Country chart (See Supp. No.
                 Control(s) 1 to part 738)
                
                NS applies to entire entry................ NS Column 1.
                AT applies to entire entry................ AT Column 1.
                
                List Based License Exceptions (See Part 740 for a Description of All
                License Exceptions)
                TSR: N/A.
                Special Conditions for STA
                STA: See Sec. 740.20(b)(2)(viii) of License Exception STA for
                limitations on availability of STA for Commerce Control List
                Category 9 items in this entry.
                List of Items Controlled
                Related Controls: See also 9D104.
                Related Definitions: N/A
                Items:
                 a. 2D or 3D viscous ``software'', validated with wind tunnel or
                flight test data required for detailed engine flow modelling;
                 b. ``Software'' for testing aero gas turbine engines,
                assemblies, ``parts'' or ``components'', having all of the
                following:
                 b.1. ``Specially designed'' for testing any of the following:
                 b.1.a. Aero gas turbine engines, assemblies or components,
                incorporating ``technology'' specified by 9E003.a, 9E003.h or
                9E003.i; or
                 b.1.b. Multi-stage compressors providing either bypass or core
                flow, specially designed for aero gas turbine engines incorporating
                ``technology'' specified by 9E003.a or 9E003.h; and
                 b.2. ``Specially designed'' for all of the following:
                 b.2.a. Acquisition and processing of data, in real time; and
                 b.2.b. Feedback control of the test article or test conditions
                (e.g., temperature, pressure, flow rate) while the test is in
                progress;
                 Note: 9D004.b does not specify software for operation of the
                test facility or operator safety (e.g., overspeed shutdown, fire
                detection and suppression), or production, repair or maintenance
                acceptance-testing limited to determining if the item has been
                properly assembled or repaired.
                 c. ``Software'' ``specially designed'' to control directional
                solidification or single crystal material growth in equipment
                specified by 9B001.a or 9B001.c;
                 d. [RESERVED]
                 e. ``Software'' ``specially designed'' or modified for the
                operation of items specified by 9A012;
                 f. ``Software'' ``specially designed'' to design the internal
                cooling passages of aero gas turbine engine blades, vanes and ``tip
                shrouds'';
                 g. ``Software'' having all of the following:
                 g.1. ``Specially designed'' to predict aero thermal,
                aeromechanical and combustion conditions in aero gas turbine
                engines; and
                 g.2. Theoretical modeling predictions of the aero thermal,
                aeromechanical and combustion conditions, which have been validated
                with actual turbine engine (experimental or production) performance
                data.
                0
                9. In supplement No. 1 to part 774, Category 9, ECCN 9E001 is revised
                to read as follows:
                9E001 ``Technology'' according to the General Technology Note for
                the ``development'' of equipment or ``software'', controlled by
                9A001.b, 9A004, 9A012, 9B (except for ECCNs 9B604, 9B610, 9B619,
                9B990 and 9B991), or ECCN 9D001 to 9D004, 9D101, or 9D104.
                License Requirements
                Reason for Control: NS, MT, AT
                
                 Country chart (See Supp. No.
                 Control(s) 1 to part 738)
                
                NS applies to ``technology'' for items NS Column 1.
                 controlled by 9A001.b, 9A004, 9A012,
                 9B001 to 9B010, 9D001 to 9D004 for NS
                 reasons.
                MT applies to ``technology'' for items MT Column 1.
                 controlled by 9A012, 9B001, 9B002, 9B003,
                 9B004, 9B005, 9B007, 9B104, 9B105, 9B106,
                 9B115, 9B116, 9B117, 9D001, 9D002, 9D003,
                 or 9D004 for MT reasons.
                AT applies to entire entry................ AT Column 1.
                
                Reporting Requirements
                 See Sec. 743.1 of the EAR for reporting requirements for
                exports under License Exceptions, and Validated End-User
                authorizations.
                List Based License Exceptions (See Part 740 for a Description of All
                License Exceptions)
                TSR: N/A
                Special Conditions for STA
                STA: See Sec. 740.20(b)(2)(viii) of License Exception STA for
                limitations on availability of STA for Commerce Control List
                Category 9 items in this entry.
                List of Items Controlled
                Related Controls: (1) See also 9E101 and 1E002.f (for controls on
                ``technology'' for the repair of controlled structures, laminates or
                materials). (2) ``Technology'' required for the ``development'' of
                equipment described in ECCNs 9A005 to 9A011 or ``software''
                described in ECCNs 9D103 and 9D105 is ``subject to the ITAR.''
                Related Definitions: N/A
                Items:
                 The list of items controlled is contained in the ECCN heading.
                0
                10. In supplement No. 1 to part 774, Category 9, ECCN 9E002 is revised
                to read as follows:
                9E002 ``Technology'' according to the General Technology Note for
                the ``production'' of ``equipment'' controlled by ECCN 9A001.b,
                9A004 or 9B (except for ECCNs 9B117, 9B604, 9B610, 9B619, 9B990, and
                9B991).
                License Requirements
                Reason for Control: NS, MT, AT
                
                 Country chart (See Supp. No.
                 Control(s) 1 to part 738)
                
                NS applies to entire entry................ NS Column 1.
                MT applies to ``technology'' for equipment MT Column 1.
                 controlled by 9B001, 9B002, 9B003, 9B004,
                 9B005, 9B007, 9B104, 9B105, 9B106, 9B115
                 or 9B116 for MT reasons.
                AT applies to entire entry................ AT Column 1.
                
                Reporting Requirements
                 See Sec. 743.1 of the EAR for reporting requirements for
                exports under License Exceptions, and Validated End-User
                authorizations.
                List Based License Exceptions (See Part 740 for a Description of All
                License Exceptions)
                TSR: N/A
                Special Conditions for STA
                STA: See Sec. 740.20(b)(2)(viii) of License Exception STA for
                limitations on availability of STA for Commerce Control List
                Category 9 items in this entry.
                List of Items Controlled
                Related Controls: (1) See also 9E102. (2) See also 1E002.f for
                ``technology'' for the repair of controlled structures, laminates or
                materials. (3) ``Technology'' that is required for the
                ``production'' of equipment described in ECCNs 9A005 to 9A011 is
                ``subject to the ITAR.''
                Related Definitions: N/A
                Items:
                 The list of items controlled is contained in the ECCN heading.
                0
                11. In supplement No. 1 to part 774, Category 9, ECCN 9E003 is revised
                to read as follows:
                9E003 Other ``technology'' as follows (see List of Items
                Controlled).
                License Requirements
                Reason for Control: NS, SI, AT
                
                 Country chart (See Supp. No.
                 Control(s) 1 to part 738)
                
                NS applies to entire entry................ NS Column 1.
                [[Page 58625]]
                
                SI applies to 9E003.a.1 through a.8,.h, See Sec. 742.14 of the EAR
                 .i, and .k. for additional information.
                AT applies to entire entry................ AT Column 1.
                
                Reporting Requirements
                 See Sec. 743.1 of the EAR for reporting requirements for
                exports under License Exceptions, and Validated End-User
                authorizations.
                List Based License Exceptions (See Part 740 for a Description of All
                License Exceptions)
                TSR: N/A
                Special Conditions for STA
                STA: See Sec. 740.20(b)(2)(viii) of License Exception STA for
                limitations on availability of STA for Commerce Control List
                Category 9 items in this entry.
                List of Items Controlled
                Related Controls: (1) Hot section ``technology'' specifically
                designed, modified, or equipped for military uses or purposes, or
                developed principally with U.S. Department of Defense funding, is
                ``subject to the ITAR'' (see 22 CFR parts 120 through 130). (2)
                ``Technology'' is subject to the EAR when actually applied to a
                commercial ``aircraft'' engine program. Exporters may seek to
                establish commercial application either on a case-by-case basis
                through submission of documentation demonstrating application to a
                commercial program in requesting an export license from the
                Department Commerce in respect to a specific export, or in the case
                of use for broad categories of ``aircraft,'' engines, ``parts'' or
                ``components,'' a commodity jurisdiction determination from the
                Department of State.
                Related Definitions: N/A
                Items:
                 a. ``Technology'' ``required'' for the ``development'' or
                ``production'' of any of the following gas turbine engine ``parts,''
                ``components'' or systems:
                 a.1. Gas turbine blades, vanes or ``tip shrouds'', made from
                directionally solidified (DS) or single crystal (SC) alloys and
                having (in the 001 Miller Index Direction) a stress-rupture life
                exceeding 400 hours at 1,273 K (1,000 [deg]C) at a stress of 200
                MPa, based on the average property values;
                 Technical Note: For the purposes of 9E003.a.1, stress-rupture
                life testing is typically conducted on a test specimen.
                 a.2. Combustors having any of the following:
                 a.2.a. `Thermally decoupled liners' designed to operate at
                `combustor exit temperature' exceeding 1,883K (1,610 [deg]C);
                 a.2.b. Non-metallic liners;
                 a.2.c. Non-metallic shells; or
                 a.2.d. Liners designed to operate at `combustor exit
                temperature' exceeding 1,883 K (1,610 [deg]C) and having holes that
                meet the parameters specified by 9E003.c;
                 Note: The ``required'' ``technology'' for holes in 9E003.a.2 is
                limited to the derivation of the geometry and location of the holes.
                 Technical Notes:
                 1. `Thermally decoupled liners' are liners that feature at least
                a support structure designed to carry mechanical loads and a
                combustion facing structure designed to protect the support
                structure from the heat of combustion. The combustion facing
                structure and support structure have independent thermal
                displacement (mechanical displacement due to thermal load) with
                respect to one another, i.e., they are thermally decoupled.
                 2. `Combustor exit temperature' is the bulk average gas path
                total (stagnation) temperature between the combustor exit plane and
                the leading edge of the turbine inlet guide vane (i.e., measured at
                engine station T40 as defined in SAE ARP 755A) when the engine is
                running in a ``steady state mode'' of operation at the certificated
                maximum continuous operating temperature.
                 N.B.: See 9E003.c for ``technology'' ``required'' for
                manufacturing cooling holes.
                 a.3. ``Parts'' or ``components,'' that are any of the following:
                 a.3.a. Manufactured from organic ``composite'' materials
                designed to operate above 588 K (315 [deg]C);
                 a.3.b. Manufactured from any of the following:
                 a.3.b.1. Metal ``matrix'' ``composites'' reinforced by any of
                the following:
                 a.3.b.1.a. Materials controlled by 1C007;
                 a.3.b.1.b. ``Fibrous or filamentary materials'' specified by
                1C010; or
                 a.3.b.1.c. Aluminides specified by 1C002.a; or
                 a.3.b.2. Ceramic ``matrix'' ``composites'' specified by 1C007;
                or
                 a.3.c. Stators, vanes, blades, tip seals (shrouds), rotating
                blings, rotating blisks or `splitter ducts', that are all of the
                following:
                 a.3.c.1. Not specified in 9E003.a.3.a;
                 a.3.c.2. Designed for compressors or fans; and
                 a.3.c.3. Manufactured from material controlled by 1C010.e with
                resins controlled by 1C008;
                 Technical Note: A `splitter duct' performs the initial
                separation of the air-mass flow between the bypass and core sections
                of the engine.
                 a.4. Uncooled turbine blades, vanes or ``tip shrouds'' designed
                to operate at a `gas path temperature' of 1,373 K (1,100 [deg]C) or
                more;
                 a.5. Cooled turbine blades, vanes or ``tip-shrouds'', other than
                those described in 9E003.a.1, designed to operate at a `gas path
                temperature' of 1,693 K (1,420 [deg]C) or more;
                 Technical Note: `Gas path temperature' is the bulk average gas
                path total (stagnation) temperature at the leading edge plane of the
                turbine component when the engine is running in a ``steady state
                mode'' of operation at the certificated or specified maximum
                continuous operating temperature.
                 a.6. Airfoil-to-disk blade combinations using solid state
                joining;
                 a.7. [Reserved];
                 a.8. `Damage tolerant' gas turbine engine rotor ``parts'' or
                ``components'' using powder metallurgy materials controlled by
                1C002.b; or
                 Technical Note: `Damage tolerant' ``parts'' and ``components''
                are designed using methodology and substantiation to predict and
                limit crack growth.
                 a.9. [Reserved]
                 N.B.: For ``FADEC systems'', see 9E003.h.
                 a.10. [Reserved]
                 N.B.: For adjustable flow path geometry, see 9E003.i.
                 a.11. `Fan blades' having all of the following:
                 a.11.a. 20% or more of the total volume being one or more closed
                cavities containing vacuum or gas only; and
                 a.11.b. One or more closed cavities having a volume of 5 cm\3\
                or larger;
                 Technical Note: For the purposes of 9E003.a.11, a `fan blade' is
                the aerofoil portion of the rotating stage or stages, which provide
                both compressor and bypass flow in a gas turbine engine.
                 b. ``Technology'' ``required'' for the ``development'' or
                ``production'' of any of the following:
                 b.1. Wind tunnel aero-models equipped with non-intrusive sensors
                capable of transmitting data from the sensors to the data
                acquisition system; or
                 b.2. ``Composite'' propeller blades or prop-fans, capable of
                absorbing more than 2,000 kW at flight speeds exceeding Mach 0.55;
                 c. ``Technology'' ``required'' for manufacturing cooling holes,
                in gas turbine engine ``parts'' or ``components'' incorporating any
                of the ``technologies'' specified by 9E003.a.1, 9E003.a.2 or
                9E003.a.5, and having any of the following:
                 c.1. Having all of the following:
                 c.1.a. Minimum `cross-sectional area' less than 0.45 mm\2\;
                 c.1.b. `Hole shape ratio' greater than 4.52; and
                 c.1.c. `Incidence angle' equal to or less than 25[deg]; or
                 c.2. Having all of the following:
                 c.2.a. Minimum `cross-sectional area' less than 0.12 mm\2\;
                 c.2.b. `Hole shape ratio' greater than 5.65; and
                 c.2.c. `Incidence angle' more than 25[deg];
                 Note: 9E003.c does not apply to ``technology'' for manufacturing
                constant radius cylindrical holes that are straight through and
                enter and exit on the external surfaces of the component.
                 Technical Notes:
                 1. For the purposes of 9E003.c, the `cross-sectional area' is
                the area of the hole in the plane perpendicular to the hole axis.
                 2. For the purposes of 9E003.c, `hole shape ratio' is the
                nominal length of the axis of the hole divided by the square root of
                its minimum `cross-sectional area'.
                 3. For the purposes of 9E003.c, `incidence angle' is the acute
                angle measured between the plane tangential to the airfoil surface
                and the hole axis at the point where the hole axis enters the
                airfoil surface.
                 4. Techniques for manufacturing holes in 9E003.c include
                ``laser'' beam machining, water jet machining, Electro-Chemical
                Machining (ECM).
                 d. ``Technology'' ``required'' for the ``development'' or
                ``production'' of helicopter power transfer systems or tilt rotor or
                tilt wing ``aircraft'' power transfer systems;
                [[Page 58626]]
                 e. ``Technology'' for the ``development'' or ``production'' of
                reciprocating diesel engine ground vehicle propulsion systems having
                all of the following:
                 e.1. `Box volume' of 1.2 m\3\ or less;
                 e.2. An overall power output of more than 750 kW based on 80/
                1269/EEC, ISO 2534 or national equivalents; and
                 e.3. Power density of more than 700 kW/m\3\ of `box volume';
                 Technical Note: `Box volume' is the product of three
                perpendicular dimensions measured in the following way:
                 Length: The length of the crankshaft from front flange to
                flywheel face;
                 Width: The widest of any of the following:
                 a. The outside dimension from valve cover to valve cover;
                 b. The dimensions of the outside edges of the cylinder heads; or
                 c. The diameter of the flywheel housing;
                 Height: The largest of any of the following:
                 a. The dimension of the crankshaft center-line to the top plane
                of the valve cover (or cylinder head) plus twice the stroke; or
                 b. The diameter of the flywheel housing.
                 f. ``Technology'' ``required'' for the ``production'' of
                ``specially designed'' ``parts'' or ``components'' for high output
                diesel engines, as follows:
                 f.1. ``Technology'' ``required'' for the ``production'' of
                engine systems having all of the following ``parts'' and
                ``components'' employing ceramics materials controlled by 1C007:
                 f.1.a Cylinder liners;
                 f.1.b. Pistons;
                 f.1.c. Cylinder heads; and
                 f.1.d. One or more other ``part'' or ``component'' (including
                exhaust ports, turbochargers, valve guides, valve assemblies or
                insulated fuel injectors);
                 f.2. ``Technology'' ``required'' for the ``production'' of
                turbocharger systems with single-stage compressors and having all of
                the following:
                 f.2.a. Operating at pressure ratios of 4:1 or higher;
                 f.2.b. Mass flow in the range from 30 to 130 kg per minute; and
                 f.2.c. Variable flow area capability within the compressor or
                turbine sections;
                 f.3. ``Technology'' ``required'' for the ``production'' of fuel
                injection systems with a ``specially designed'' multifuel (e.g.,
                diesel or jet fuel) capability covering a viscosity range from
                diesel fuel (2.5 cSt at 310.8 K (37.8 [deg]C)) down to gasoline fuel
                (0.5 cSt at 310.8 K (37.8 [deg]C)) and having all of the following:
                 f.3.a. Injection amount in excess of 230 mm\3\ per injection per
                cylinder; and
                 f.3.b. Electronic control features ``specially designed'' for
                switching governor characteristics automatically depending on fuel
                property to provide the same torque characteristics by using the
                appropriate sensors;
                 g. ``Technology'' ``required'' for the development'' or
                ``production'' of `high output diesel engines' for solid, gas phase
                or liquid film (or combinations thereof) cylinder wall lubrication
                and permitting operation to temperatures exceeding 723 K (450
                [deg]C), measured on the cylinder wall at the top limit of travel of
                the top ring of the piston;
                 Technical Note: `High output diesel engines' are diesel engines
                with a specified brake mean effective pressure of 1.8 MPa or more at
                a speed of 2,300 rpm, provided the rated speed is 2,300 rpm or more.
                 h. ``Technology'' for gas turbine engine ``FADEC systems'' as
                follows:
                 h.1. ``Development'' ``technology'' for deriving the functional
                requirements for the ``parts'' or ``components'' necessary for the
                ``FADEC system'' to regulate engine thrust or shaft power (e.g.,
                feedback sensor time constants and accuracies, fuel valve slew
                rate);
                 h.2. ``Development'' or ``production'' ``technology'' for
                control and diagnostic ``parts'' or ``components'' unique to the
                ``FADEC system'' and used to regulate engine thrust or shaft power;
                 h.3. ``Development'' ``technology'' for the control law
                algorithms, including ``source code'', unique to the ``FADEC
                system'' and used to regulate engine thrust or shaft power;
                 Note: 9E003.h does not apply to technical data related to
                engine-``aircraft'' integration required by civil aviation
                authorities of one or more Wassenaar Arrangement Participating
                States (see Supplement No. 1 to part 743 of the EAR) to be published
                for general airline use (e.g., installation manuals, operating
                instructions, instructions for continued airworthiness) or interface
                functions (e.g., input/output processing, airframe thrust or shaft
                power demand).
                 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 ``parts'' or ``components'' that maintain
                engine stability;
                 i.2. ``Development'' or ``production'' ``technology'' for
                ``parts'' or ``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 ``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.
                 j. ``Technology'' ``required'' for the ``development'' of wing-
                folding systems designed for fixed-wing ``aircraft'' powered by gas
                turbine engines.
                 N.B.: For ``technology'' ``required'' for the ``development'' of
                wing-folding systems designed for fixed-wing ``aircraft'' specified
                in USML Category VIII(a), see USML Category VIII(i).
                 k. ``Technology'' not otherwise controlled in 9E003.a.1 through
                a.8, a.10, and .h and used in the ``development'', ``production'',
                or overhaul of hot section ``parts'' or ``components'' of civil
                derivatives of military engines controlled on the USML.
                Matthew S. Borman,
                Deputy Assistant Secretary for Export Administration.
                [FR Doc. 2021-21954 Filed 10-21-21; 8:45 am]
                BILLING CODE 3510-33-P
                

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