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Federal Register / Vol. 86, No. 58 / Monday, March 29, 2021 / Rules and Regulations
this paragraph b3, to any end user, provided the item does not perform the functions, or otherwise meet the specifications, of any item described in paragraph b2 of this section. Items described in paragraph b3ii or iv of this section that meet the criteria set forth in Note 3 to Category 5Part 2 of the CCL the mass market note are classified under ECCN 5A992.c or 5D992.c following classification by BIS.

i Non-mass market components, toolsets, and toolkits.
Specified components classified under ECCN 5A002.a and equivalent or related software classified under ECCN 5D002
that do not meet the criteria set forth in Note 3 to Category 5Part 2 of the CCL
the mass market note and are not described by paragraph b2 or b3ii of this section, as follows:

e
3 Self-classification reporting for certain encryption commodities, software, and components. This paragraph e3 sets forth requirements for self-classification reporting to BIS
and the ENC Encryption Request Coordinator Ft. Meade, MD of certain encryption commodities, software, and components exported or reexported meeting the criteria specified in paragraph b1 of this section.
Specifically, this reporting requirement applies to mass market encryption components and executable software that meet the criteria of the Cryptography NoteNote 3 to Category 5Part 2 of the CCL mass market note and are classified under ECCN
5A992.c or 5D992.c following selfclassification, as well as to non-mass market encryption commodities and software that remain classified in ECCN
5A002, 5B002 or 5D002 following selfclassification, provided these items are not further described by paragraph b2
or 3 of this section.
Note to introductory text of paragraph e3: For the purposes of this paragraph e3, executable software means software in executable form, from an existing hardware component excluded from ECCN 5A002 by the Cryptography Note. Executable software does not include complete binary images of the software running on an end item.

PART 742AMENDED
8. The authority citation for part 742
is revised to read as follows:

Authority: 50 U.S.C. 48014852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.

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3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201
et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L.
10811, 117 Stat. 559; E.O. 12058, 43 FR
20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994
Comp., p. 950; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783;
Presidential Determination 200323, 68 FR
26459, 3 CFR, 2004 Comp., p. 320; Notice of November 12, 2020, 85 FR 72897 November 13, 2020.

9. Section 742.15 is amended by revising paragraph b2 to read as follows:

742.15

Encryption items.

b
2 Notification requirement for nonstandard cryptography. For publicly available encryption source code classified under ECCN 5D002 that provides or performs non-standard cryptography as defined in part 772 of the EAR, you must notify BIS and the ENC Encryption Request Coordinator via email of the internet location e.g., URL or internet address of the source code or provide each of them a copy of the publicly available encryption source code. If you update or modify the source code, you must also provide additional copies to each of them each time the cryptographic functionality of the source code is updated or modified. In addition, if you posted the source code on the internet, you must notify BIS and the ENC Encryption Request Coordinator each time the internet location is changed, but you are not required to notify them of updates or modifications made to the encryption source code at the previously notified location. In all instances, submit the notification or copy to crypt@
bis.doc.gov and to enc@nsa.gov.

PART 772AMENDED
10. The authority citation for part 772
continues to read as follows:

Authority: 50 U.S.C. 48014852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783.

11. Section 772.1 is amended by:
a. Adding a definition for equivalent standards in alphabetical order;
b. Removing the definition of instrumented range; and c. Revising the definitions of personal area network Cat 5 Part 2
and superalloy.
The addition and revisions read as follows:

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772.1 Definitions of Terms As Used In the Export Administration Regulations EAR.

Equivalent standards. Cat 1
Comparable national or international standards recognized by one or more Wassenaar Arrangement Participating States and applicable to the relevant entry.

Personal area network Cat 5 Part 2
A data communication system having all of the following characteristics:
1 Allows an arbitrary number of independent or interconnected data devices to communicate directly with each other; and 2 Is confined to the communication between devices within the immediate physical vicinity of an individual person or device controller e.g., single room, office, or automobile.
Technical Notes:
1. Data device means equipment capable of transmitting or receiving sequences of digital information.
2. The local area network extends beyond the geographical area of the personal area network.

Superalloy. Cat 2 and 9 Nickel, cobalt, or iron base alloys having a stress rupture life greater than 1,000 hours at 400 MPa and an ultimate tensile strength greater than 850
MPa, at 922 K 649 C or higher.

PART 774AMENDED
12. The authority citation for part 774
continues to read as follows:

Authority: 50 U.S.C. 48014852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C.
8720; 10 U.S.C. 8730e; 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.

Supplement No. 1 to Part 774
Amended 13. In supplement no. 1 to part 774
the CCL, Category 0, ECCN 0A502 is revised to read as follow:

Supplement No. 1 to Part 774The Commerce Control List 0A502 Shotguns; shotguns parts and components, consisting of complete trigger mechanisms; magazines and magazine extension tubes; complete breech mechanisms; except equipment used to slaughter domestic animals or used exclusively to treat or tranquilize animals, and except arms designed solely for signal, flare, or saluting use.

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