Transportation and Related Equipment Technical Advisory Committee
(TransTAC)

September 13, 2012
U.S. Department of Commerce
Bureau of Industry and Security
Washington, DC

OPEN SESSION

TransTAC members in attendance:  (Industry) Mr. Ari Novis (TransTAC Chair), Mr. Joe Bergeron, Ms. Kimberly DePew, Mr. Jim Downs, Mr. Simon Gharibian, Mr. Dean Johnson¹, Mr. Kenneth Lyons, Mr. Michael Osborne, Mr. Howard Pfeifer, Mr. Donald Stevenson, and Mr. Charles Volk. (Government) Mr. Dan Squire² (DFO).
Others present:  The complete list of attendees is attached at the end of these minutes.

Opening remarks
Mr. Ari Novis called the meeting to order at 9:30 a.m. and introductions were made around the room.

Mr. Don Stevenson was thanked for his service as the Chairperson for the past two years. 

Visit from Kevin Wolf - Assistant Secretary for Export Administration

Mr. Kevin Wolf offered a general status of Export Reform progress.  This included an overview of the path from proposed rules to final rules cleared for publication.

Mr. Kevin Wolf provided details of the process used to review and address the numerous public comments and their impact on the final rules.

Mr. Kevin Wolf discussed some of the issues raised in the public comments and the constraints faced in addressing these issues.

Mr. Kevin Wolf noted that as the results of Export Reform are rolled out, there will be a parallel education effort, potentially including FAQs and industry outreach.

There were discussions on the status of the definition of “specially designed.”

CCL Review – Working Group Reports

Transportation TAC (TransTAC) members described the status of the review for Categories 7-9 of the Commerce Control List (CCL), as well as efforts underway by the Composite Working Group.

Category 7

Inertials - Mr. Mike Osborne provided a status on the Inertial portion of Category 7:

The Inertials working group continues to review the following ECCNs (Accels/ Gyros/ Inertial Systems): 7A001/7A002/7A003/7A101/7A102/7A103 and associated 7B, 7D and 7E production/test equipment, SW and Technology through regular working sessions.

The group provided support to the Wassenaar Summer Technical Working Group (TWG)
Focus Areas:

• Approach to defining 7A3 Inertial Units.
  • Review of all terms with respect to industry standard definitions.
  • Consider common use of terms in marketed products / potential over-control.
  • Control language so items can be classified using available marketing information.
• Review of 7.A.1 and 7.A.2 control levels (Gyros/Accels).
  • Consider consumer end-uses and foreign availability.

A member of the Inertial TWG (Mr. Volk) will provide in-person support of the Fall Wassenaar meeting.

HUD - Mr. Don Stevenson provided a status on the HUD TWG:

A 2011 U.S. proposal to decontrol HUD SW was approved by the WA in December.

The new rule was published in the July 2, 2012 Federal Register (77 FR 39353.)

The HUD TWG will be disbanded with sincere thanks to the participants.

AFCS - Mr. Don Stevenson provided a status on the AFCS TWG:

The proposal drafted by the TWG in 2011 which updates AFCS control text in 7.D.3 and 7.E.4.b Proposal was submitted to WA at the 2012 Spring Session - there were only brief comments at the Spring session.

• The US team reviewed the structural and technical changes with interested delegations. 
• Delegations have farmed out the text to their experts and will pulse them again for feedback.
• The delegations did not feel there is a need for intersessional time this summer.
• At this point no one is planning to bring any flight control experts to the summer Expert Group meetings.
• The AFCS TWG will be on call to support any questions or discussions that arise during the Fall Wassenaar meeting.

9.D.4 - Mr. Don Stevenson provided a status on the 9.D.4 Software TWG:

The TWG continues to hold regular meetings to identify subset of 9.D.4 controls that we would like to look into further.

A subteam has drafted a 9.D.4.g paper to review the current 9.D.4.g regulation for clarity, appropriateness, and need.

The TWG is considering clarifying the wording of 9.D.4.b to note that specific ‘low technology’ or similar simple functions, such as an overspeed shutdown, would not be controlled.  

Category 9

Hole Drilling - Mr. Don Stevenson provided a status on the Hole Drilling TWG:

A 2011 U.S. proposal to modify 9.e.3.a.2 and 9.e.3.c was approved by the WA in December.

The new rule was published in the July 2, 2012 Federal Register (77 FR 39353.)

The Combustor/Hole Drilling TWG will be disbanded with sincere thanks to the participants.

9.E.3.a.4/a.5 TWG Status - Ms. Kim DePew provided a status on the a.4/a.5 working group activities.

• The TWG has met several times to discuss the 9.E.3.a.5 language and desired updates.
• Leveraging 2011-approved Wassenaar change for 9.E.3.a.2.
• Have developed a verbose “proposal” which attempts to address:
  • Deterioration, power setting, continuous vs. brief high temperatures, and average vs. streak temperatures, where temperature is calculated/measured on part in question.
  • Land engines vs. aircraft engines.
  • “Designed to” vs. “exposed to” language.
• Plan to analyze/adjust thresholds to avoid control rollback.
• Members of the a.4/a.5 TWG (Ms. DePew, Mr. Novis) will provide in-person support of the Fall Wassenaar meeting.

Composite Working Group

Ms. Kim DePew provided a status on the Composite working group (CWG) activities. 

• Continue to meet monthly.
• Ready to support USG on foreign proposals.
• Ready to support discussions on proposal for NSG controls on 1C210 materials (slit composites.)
• The 1.B.1 subteam continues to meet to discuss which components and accessories should be considered “specially designed” for a couple of sub-entries (1B001.b, d.1, e, f, & g).  The hope is to develop a proposal to specifically call out those items rather than using the catch-all, “specially designed therefor.”
• Have recommenced discussions on how controls apply to recyclable materials – determining whether a CCATs or AO request will be our next course of action.
• Plan to continue effort on 9.E.3.a.3 proposal (overlap w/ 1.E.1).

New Teams

With the successful conclusion of the HUD and Combustor Hole Drilling TWGs, and possible resolution on the AFCS and 9.E.3.a.5 proposals, propose new objectives: 

• The review of 9.D.4 shows possible overlap with aspects of 9.D.1 and 9.D.2. 
• Expand the charter of the 9.D.4 team to:
  • Examine 9.D.1 and 9.D.2 for overlap with 9.D.4.
  • Look for opportunities to add a performance threshold to 9.D.1 and 9.D.2.

Continue to review Categories 7, 8, and 9 for possible updates based on:

• Need for clarification.
• Changes in technology or item availability outside the Wassenaar Participating States.

Proposals/Comments from the public

There were no comments from the public.

The Open Session adjourned at 10:55 a.m.

Open Session Attendees
September 13, 2012 TransTAC

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¹By phone
²Standing in for Mr. Gene Christiansen