Comment: Several commenters expressed concern over use of the term "specially designed" in the
Comment: Several commenters proposed features that they thought the definition of "specially designed" should have. These recommendations were:
* Include in subsection (a)(1) of the definition application-specific components of end items for which the control parameters or character can be ascertained;
* Restrict the "necessary" standard for components set forth in subsection (a)(2) to components for which there is no basis to assess the controlled parameters or character of the end item in which the component is incorporated;
* Create a note that provides an appropriate industry definition of ASICs;
* Capture the natural meaning of the term "specially designed," and avoid overarching exclusions and exceptions; and
* Eliminate reference in subsection (b)(3) to "form and fit" for components of equivalent performance.
It is logical and feasible to tie the control of "specially designed" components to the related end-item, but only to the extent that the "specially designed" component is peculiarly responsible for the controlled parameters of the controlled character as a whole of the end item.
Form and fit adapted to a particular end item or special protective packaging adapted to the environment in which that end-item functions should not make a part or component specially designed for a particular end item if the function that the part or component performs is the same as that it would perform in some other end-item where a different form or fit is required, or such special protective packaging or housing is not needed.
Consider modifications to basic hardware as minor and, therefore not "specially designed" if they: (a) Are unclassified; (b) are not for the purpose of improving the item's resistance or hardness to nuclear radiation, nuclear electromagnetic pulse, or resistance to chemicals or biological agents controlled under the ITAR; and c) are not made to achieve special designated military properties (e.g., special low observable, acoustic, electromagnetic properties, hot section technology for military gas turbine engines, or characteristics identified in the proposed Supplement No. 4 to Part 740 of the EAR).
Response: Following the closing comment period date for the
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