Comment: Do not use the phrase "technical data," except in its meaning as defined in part 772 of the EAR.
Response: The specific uses of the term "technical data" to which this commenter objected are references to the USML. In that context, the term is used in a way that is consistent with its meaning in the USML. The term is not surrounded by quotation marks, which would signify that it is defined in part 772.
Comment: Replace the word "and" with the word "or" in the definition of "use" in the EAR.
Response: This proposal would affect every software ECCN in the entire CCL and is outside the scope of the
Comment: The commenter recommended a number of changes to ECCNs or ECCN paragraphs for which modifications are not needed to accomplish the purpose of the
Response: Without commenting on the merit of each of those proposed changes, BIS is not including them in this proposed rule because they are outside the scope of what BIS proposed in the
In addition to the changes discussed above, this commenter recommended several changes to the proposed ECCNs in CCL Category 9 concerning cryogenic and superconductive equipment and related items.
* Add the phrase "not controlled by 1C005, 3A001.d, 3A001.e.3, 3A201.b, 6A002.d.1, 6A006.a.1 or 8A002.o.2.c" to the header of ECCN 9A620
* Add a related control note referring to ECCNs 1C005, 3A001.d, 3A001.e.3, 3A201.b, 6A002.d.1, 6A006.a.1 or 8A002.o.2.c.
* Remove the phrase "`specially designed' to be installed" and the phrase "and capable of" from paragraphs .a and .b of 9A620
* Remove the words "Parts" and "attachments" from 9A620.x
* Change the word "and" to "or" everywhere it appears in the following phrase in ECCN 9B620: "Test, inspection and production end items and equipment . . ."
* In ECCN 9A620.x, replace the phrase "specially designed for a commodity controlled by ECCN 9A620" with "for a commodity controlled by ECCN 9A620.a or 9A620.b having any of the characteristics described in the texts of those sub-items."
* In ECCN 9B620, replace the phrase: " `Specially designed' for items controlled in ECCN 9A620" with the phrase "having any of the characteristics described in 9A620.a or 9A620.b."
Response: The ECCNs that this commenter proposes adding to the header of ECCN 9A620 and to a related control note in that ECCN apply, inter alia, to a number of commodities that have cryogenic or superconducting properties. None of them has the qualifier " 'specially designed' to be installed in a vehicle for military . . . applications," which appears in paragraphs .a and .b of proposed ECCN 9A620. In fact, only one ECCN, 8A002.o.2.c, relates to a vehicle of any kind. In addition, the order of review in the
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