[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Rules and Regulations]
[Pages 33882-33884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13468]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 772 and 774
[Docket No. 080208146-8148-01]
RIN 0694-AE23
Revisions to the Export Administration Regulations Based on the
2007 Missile Technology Control Regime Plenary Agreements
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) to reflect changes to the
Missile Technology Control Regime (MTCR) Annex that were agreed to by
MTCR member countries at the November 2007 Plenary in Athens, Greece.
DATES: Effective Date: This rule is effective: June 16, 2008. Although
there is no formal comment period, public comments on this regulation
are welcome on a continuing basis.
ADDRESSES: You may submit comments, identified by RIN 0694-AE23, by any
of the following methods:
E-mail: [email protected]. Include ``RIN 0694-AE23'' in
the subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy Division,
by calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of
Commerce, Bureau of Industry and Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230,
Attn: RIN 0694-AE23.
Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, to David
Rostker, Office of Management and Budget (OMB), by e-mail to [email protected], or by fax to (202) 395-7285; and to the U.S.
Department of Commerce, Bureau of Industry and Security, Regulatory
Policy Division, 14th St. & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230. Comments on this collection of information should
be submitted separately from comments on the final rule (i.e. RIN 0694-
AE23)--all comments on the latter should be submitted by one of the
three methods outlined above.
FOR FURTHER INFORMATION CONTACT: Dennis L. Krepp, Nuclear and Missile
Technology Controls Division, Bureau of Industry and Security,
Telephone: (202) 482-1309.
SUPPLEMENTARY INFORMATION:
Background
The Missile Technology Control Regime (MTCR) is an export control
arrangement among 34 nations, including most of the world's advanced
suppliers of ballistic missiles and missile-related materials and
equipment. The regime establishes a common export control policy based
on a list of controlled items (the Annex) and on guidelines (the
Guidelines) that member countries implement in accordance with their
national export controls. The goal of maintaining the Annex and the
Guidelines is to stem the flow of missile systems capable of delivering
weapons of mass destruction to the global marketplace.
While the MTCR was originally created to prevent the spread of
missiles capable of carrying a nuclear warhead, it was expanded in
January 1993 to also stem the flow of delivery systems for chemical and
biological weapons. MTCR members voluntarily pledge to adopt the
regime's export Guidelines and to restrict the export of items
contained in the regime's Annex. The implementation of the regime's
Guidelines is effectuated through the national export control laws and
policies of the regime members.
Amendments to the Export Administration Regulations
This final rule revises the Export Administration Regulations (EAR)
to reflect changes to the MTCR Annex agreed to at the November 2007
Plenary in Athens, Greece. Specifically, in section 772.1 (Definitions
of Terms as Used in the Export Administration Regulations), this rule
amends the technical notes to the definition of the term ``payload'' to
include munitions supporting structures and deployment mechanisms under
paragraphs (e)(5) and (e)(7) (MTCR Annex Change Definitions:
``Payload'' Technical Notes 5.e and 5.g). This will clarify under the
paragraph (e) technical notes to the definition of ``payload'' that
payload for ``other UAVs'' (Unmanned Aerial Vehicles) includes
munitions supporting structures and deployment mechanisms.
[[Page 33883]]
In addition, this rule amends the Commerce Control List (CCL)
(Supplement No. 1 to Part 774 of the EAR) to reflect changes to the
MTCR Annex. Specifically, the following Export Control Classification
Numbers (ECCNs) are affected:
ECCN 1C111 paragraph (b) is amended by adding additional text to
clarify the scope of materials controlled in this entry (MTCR Annex
Change Category II: Item 4.C.5). Specifically, paragraph b.1 is amended
to state that carboxy-terminated polybutadiene includes carboxyl-
terminated polybutadiene. Similarly, paragraph b.2 is amended to state
that hydroxy-terminated polybutadiene includes hydroxyl-terminated
polybutadiene. BIS expects this change to have a minimal impact on
license applications.
ECCN 1C116 is amended by adding text to the heading to clarify the
scope of the entry (MTCR Annex Change Category II: Item 6.C.8). This
change is made to clarify that maraging steels are iron alloys
generally characterized by high nickel, very low carbon content, and
the use of substitutional elements or precipitates to produce
strengthening and age-hardening of the alloy. BIS expects this change
to have a minimal impact on license applications.
ECCN 2B116 paragraph (a) is amended by removing the word ``and''
and replacing it with ``while'' to clarify the scope of the vibration
test modes controlled under this paragraph (MTCR Annex Change Category
II: Item 15.B.1.a). BIS expects this change to have no impact on
license applications.
ECCN 9B106 is amended by modifying the heading to read
``Environmental chambers usable for rockets, missiles, or unmanned
aerial vehicles capable of achieving a ``range'' equal to or greater
than 300 km and their subsystems, as follows (see List of Items
Controlled)''. This change makes it clear that this ECCN controls these
types of environmental chambers useable for these types of systems and
their subsystems. Paragraph (a) of this ECCN is amended by removing
paragraph a.1, redesignating paragraph a.2 as a new paragraph a.1, and
inserting a new paragraph a.2 that includes a new control parameter.
The new control parameter in paragraph a.2 specifies that environmental
chambers controlled by this ECCN include those incorporating, or
designed or modified to incorporate, a shaker unit or other vibration
test equipment that produce vibration environments equal to or greater
than 10 g rms, measured `bare table', between 20 Hz and 2 kHz imparting
forces equal to or greater than 5 kN (MTCR Annex Change Category II:
Item 15.B.4).
In addition, paragraph (a) of ECCN 9B106 is amended by adding a
technical note to clarify the control text and to include controls on
environmental chambers that are capable of incorporating shaker units
or vibration test equipment, even if the shaker units or vibration test
equipment are not included at the time of export (MTCR Annex Change
Category II: Item 15.B.4). This change is being made to the EAR to
address a missile proliferation concern of the MTCR members with regard
to this type of equipment and its usefulness in MTCR type systems
(e.g., missile delivery systems). Prior to this change, environmental
chambers that were capable of incorporating shaker units or vibration
test equipment could be exported without being subject to an MT control
when the chambers were exported separately from the shaker units or
vibration test equipment controlled under this ECCN. In addition, prior
to this change, shaker units or vibration test equipment, when exported
separately from the environmental chambers controlled under this ECCN,
could be exported without being subject to an MT control. BIS expects
this amendment to the EAR to cause a slight increase in license
applications.
Savings Clause
Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were on dock for loading, on lighter, laden
aboard an exporting or reexporting carrier, or en route aboard a
carrier to a port of export or reexport, on June 16, 2008, pursuant to
actual orders for export or reexport to a foreign destination, may
proceed to that destination under the previous eligibility for a
License Exception or export or reexport without a license (NLR) so long
as they are exported or reexported before July 16, 2008. Any such items
not actually exported or reexported before midnight, on July 16, 2008,
require a license in accordance with this rule.
Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 15,
2007, 72 FR 46137 (August 16, 2007), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information, subject to the
requirements of the Paperwork Reduction Act, unless that collection of
information displays a currently valid Office of Management and Budget
Control Number. This rule contains a collection of information subject
to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This
collection has been approved by the Office of Management and Budget
under control number 0694-0088, ``Multi-Purpose Application,'' which
carries a burden hour estimate of 58 minutes for a manual or electronic
submission.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Further, no other
law requires that a notice of proposed rulemaking and an opportunity
for public comment be given for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under the Administrative Procedure
Act or by any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore,
this regulation is issued in final form.
List of Subjects
15 CFR Part 772
Exports.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
0
Accordingly, parts 772 and 774 of the Export Administration Regulations
(15 CFR parts 730-774) are amended as follows:
PART 772--[AMENDED]
0
1. The authority citation for 15 CFR part 772 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
15, 2007, 72 FR 46137 (August 16, 2007).
[[Page 33884]]
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2. Section 772.1 is amended by revising paragraph (e) of the Technical
Notes to the definition of ``payload'', as set forth below:
Sec. 772.1 Definitions of terms as used in the Export Administration
Regulations (EAR).
* * * * *
``Payload''. (MTCR context).
* * * * *
e. Other UAVs--``Payload'' includes:
1. Munitions of any type (e.g., explosive or non-explosive);
2. Mechanisms and devices for safing, arming, fuzing or firing;
3. Countermeasures equipment (e.g., decoys, jammers or chaff
dispensers) that can be removed without violating the structural
integrity of the vehicle;
4. Signature alteration equipment that can be removed without
violating the structural integrity of the vehicle;
5. Equipment required for a mission such as data gathering,
recording or transmitting devices for mission-specific data and
supporting structures that can be removed without violating the
structural integrity of the vehicle;
6. Recovery equipment (e.g., parachutes) that can be removed
without violating the structural integrity of the vehicle;
7. Munitions supporting structures and deployment mechanisms that
can be removed without violating the structural integrity of the
vehicle.
* * * * *
PART 774--[AMENDED]
0
3. The authority citation for 15 CFR part 774 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
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; Notice of August 15, 2007, 72 FR 46137 (August 16, 2007).
0
4. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'',
Export Control Classification Number (ECCN) 1C111 is amended by
revising paragraphs (b)(1) and (b)(2) of the ``items'' paragraph in the
List of Items Controlled section, to read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
1C111 Propellants and constituent chemicals for propellants, other
than those specified in 1C011, as follows (see List of Items
Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
* * * * *
b. Polymeric substances:
b.1. Carboxy--terminated polybutadiene (including carboxyl--
terminated polybutadiene) (CTPB);
b.2. Hydroxy--terminated polybutadiene (including hydroxyl--
terminated polybutadiene) (HTPB);
* * * * *
0
5. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'',
Export Control Classification Number (ECCN) 1C116 is amended by
revising the heading, to read as follows:
1C116 Maraging steels (iron alloys generally characterized by high
nickel, very low carbon content and the use of substitutional
elements or precipitates to produce strengthening and age-hardening
of the alloy) having an ultimate tensile strength equal to or
greater than 1.5 GPa, measured at 293 K (20 [deg]C), in the form of
sheet, plate or tubing with a wall or plate thickness equal to or
less than 5 mm.
* * * * *
0
6. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B116 is amended by revising paragraph (a) of the ``items''
paragraph in the List of Items Controlled section, to read as follows:
2B116 Vibration test systems, equipment and components therefor, as
follows (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
a. Vibration test systems employing feedback or closed loop
techniques and incorporating a digital controller, capable of
vibrating a system at an acceleration equal to or greater than 10 g
rms between 20 Hz to 2,000 Hz while imparting forces equal to or
greater than 50 kN (11,250 lbs.), measured `bare table';
* * * * *
0
7. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9B106 is amended:
0
a. By revising the heading; and
0
b. By revising paragraph (a) and the ``Technical Notes'' to paragraph
(a) of the ``items'' paragraph in the List of Items Controlled section,
to read as follows:
9B106 Environmental chambers usable for rockets, missiles, or
unmanned aerial vehicles capable of achieving a ``range'' equal to
or greater than 300 km and their subsystems, as follows (see List of
Items Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
a. Environmental chambers capable of simulating all of the
following flight conditions:
a.1. Having any of the following:
a.1.a. Altitude equal to or greater than 15,000 m; or
a.1.b. Temperature range of at least -50 [deg]C to +125 [deg]C;
and
a.2. Incorporating, or designed or modified to incorporate, a
shaker unit or other vibration test equipment to produce vibration
environments equal to or greater than 10 g rms, measured `bare
table', between 20 Hz and 2 kHz imparting forces equal to or greater
than 5 kN;
Technical Notes:
1. Item 9B106.a.2 describes systems that are capable of
generating a vibration environment with a single wave (e.g., a sine
wave) and systems capable of generating a broad band random
vibration (i.e., power spectrum).
2. The term `bare table' means a flat table, or surface, with no
fixture or fittings.
3. In Item 9B106.a.2, designed or modified means the
environmental chamber provides appropriate interfaces (e.g., sealing
devices) to incorporate a shaker unit or other vibration test
equipment as specified in this Item.
* * * * *
Dated: June 10, 2008.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E8-13468 Filed 6-13-08; 8:45 am]
BILLING CODE 3510-33-P