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9 May 2007
[Federal Register: May 7, 2007 (Volume 72, Number 87)]
[Rules and Regulations]
[Page 25680-25685]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07my07-2]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 772 and 774
[Docket No. 070411084-7087-02]
RIN 0694-AD96
Revisions to the Export Administration Regulations Based on the
2006 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 October 2006 Plenary in Copenhagen,
Denmark. The amendments set forth in this rule also include adding a
new Export Control Classification Number (ECCN) 7A107 to control three
axis magnetic heading sensors designed or modified to be integrated
with flight control and navigation systems.
DATES: This rule is effective May 7, 2007. 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-AD96, by any
of the following methods:
E-mail: publiccomments@bis.doc.gov Include ``RIN 0694-AD96'' 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-AD96.
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
David_Rostker@omb.eop.gov, or by fax to (202) 395-7285; and to the Regulatory
Policy Division, Bureau of Industry and Security, Department of
Commerce, P.O. Box 273, Washington, DC 20044. Comments on this
collection of information should be submitted separately from comments
on the final rule (i.e. RIN 0694-AD96)--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 the world's most 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 in the global marketplace of missile
systems capable of delivering weapons of mass destruction.
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 apply the Regime's export
Guidelines and to restrict the export of items contained in the
Regime's Annex. The Regime's Guidelines are implemented through the
national export control laws and policies of the regime members.
In January 1993, complete rocket systems and unmanned aerial
vehicle systems that were capable of a ``range'' equal to or greater
than 300 km, regardless of the payload, were added to the MTCR Annex
(Category II, Item 19). This was based on concerns by MTCR members that
rocket systems and unmanned aerial vehicle systems that were capable of
a ``range'' equal to or greater than 300 km, but did not meet the 500
kg ``payload'' parameter from Category I of the MTCR Annex, were a
proliferation concern. ``Missiles'' are defined in Sec. 772.1 of the
EAR as being `` `capable of' delivering at least 500 kilograms payload
to a range of at least 300 kilometers.''
Prior to publication of this rule, the items controlled in ECCNs
1A102, 1C101, 1C107, 6A108, 6B108, 7A102, 7A103, 9A111 and 9B105
included the defined term ``missile'' meaning they were controlled only
when they were `` `capable of' delivering at least 500 kilograms
payload to a range of at least 300 kilometers.'' To accommodate the
change made in 1993, the MTCR members decided at the 2006 Plenary to
clarify the controls applicable to these ECCNs by making it clear that
the items in these ECCNs were controlled when used in systems that were
capable of a range of at least 300km, regardless of the payload
capacity. Therefore, this rule clarifies the scope of these ECCNs by
replacing the defined term ``missile'' with new language controlling
rockets, missiles, and unmanned aerial vehicles ``capable of a range of
at least 300 km'' to these ECCNs.
Amendments to the Export Administration Regulations
In Sec. 772.1 (Definitions of Terms as Used in the Export
Administration Regulations), this rule amends definitions of the terms
``range'' and ``payload.'' Specifically this rule adds double quotes
around the terms ``range'' and ``payload'' in these definitions to
signify these are defined terms under the EAR.
The Commerce Control List (CCL) (Supplement No. 1 to Part 774 of
the EAR) is amended to reflect changes to the MTCR Annex agreed to at
the October 2006 Plenary in Copenhagen, Denmark.
Specifically the following ECCNs are amended:
ECCN 1A102 is amended by substituting the defined term ``missiles''
with new text to the heading to clarify the scope of the entry (MTCR
Annex Change Category II: Item 6.C.2). Under the new text, the
materials in this entry are controlled if they are usable for any
rockets, missiles, or unmanned aerial vehicles capable of a range of at
least 300 km, regardless of the payload capability. This change is
expected to have no impact on BIS licensing activity, because these
commodities are controlled by the Department of State under the
International Traffic in Arms Regulations (ITAR).
ECCN 1C101 is amended by substituting the defined term ``missiles''
with new text to the heading to clarify the scope of the entry (MTCR
Annex
[[Page 25681]]
Change Category II: Item 17.A.1). Under the new text, the materials in
this entry are controlled if they are usable for any rockets, missiles,
or unmanned aerial vehicles capable of a range of at least 300km,
regardless of the payload capability. This change is expected to have a
minimal impact on licensing activity.
ECCN 1C107 paragraph (c) is amended by substituting the defined
term ``missile'' with new text to clarify the scope of the entry (MTCR
Annex Change Category II: Item 6.C.5). Under the new text, the
materials in this entry are controlled if they are for use in missile
radomes for any missile capable of a range of at least 300 km,
regardless of the payload capability. This change is expected to have a
minimal impact on licensing activity.
ECCN 1C107 is further amended by revising paragraph (d) to include
additional text which adds reinforced silicon-carbide ceramics
composites to the CCL (MTCR Annex Change Category II: Item 6.C.6). This
material is being added to the EAR to address a concern raised by MTCR
members at the Copenhagen Plenary that there is a proliferation concern
in the use of this type of material for re-entry vehicles, nose tips
and rocket motor nozzle flaps. BIS recognizes that there are also other
commercial and civil uses for this material, but believes that the text
is sufficiently focused to minimize the impact on industry. As such,
BIS expects this change will have a minimal impact on licensing
activity.
ECCN 1C111 paragraph (a)(3) is amended by rewording and adding
additional text to clarify the scope and purpose of the entry (MTCR
Annex Change Category II: Item 4.C.4.a). This amendment will help to
clarify that the oxidizer substances identified in the ECCN are those
useable in liquid propellant rocket engines, but allows that the
substances themselves could be liquid or solid. This change is expected
to have no impact on licensing activity.
ECCN 1C111 is further amended by adding a new paragraph (b)(5) and
a technical note (MTCR Annex Change Category II: Item 4.C.5.f) which
adds and defines the polymeric substance ``polytetrahydrofuran
polyethylene glycol (TPEG)'' to the CCL. This substance is added as a
result of its increasing use in MTCR-controlled rocket motors as a
propellant binder. TPEG is believed to have minimal commercial use and
therefore this change is expected to have a minimal impact on licensing
activity.
ECCN 6A108 paragraph (b) is amended by substituting the defined
term ``missile'' with new text to clarify the scope of the entry (MTCR
Annex Change Category II: Item 12.A.5). Under this new text, the
precision tracking systems in this entry are controlled if they are
usable for any rocket, missile, or unmanned aerial vehicle capable of a
range of at least 300 km, regardless of the payload capability. This
change is expected to have a minimal impact on licensing activity.
ECCN 6A108 is further amended by deleting the control parameter of
``0.5 mils'' in paragraph (b)(2)(a) to clarify the control on these
range instrumentation radars. The 0.5 mils control parameter was not
equivalent to 3 milliradians, and therefore needed to be removed from
that paragraph in order to not confuse the public regarding the correct
control parameter for that paragraph, which is 3 milliradians. This
clarification of the control parameter is expected to have no impact on
licensing activity (MTCR Annex Category II: Item 12.A.5).
ECCN 6B108 is amended by substituting the defined term ``missiles''
with new text to the heading to clarify the scope of the entry (MTCR
Annex Change Category II: Item 17.B.1). Under the new text, the radar
cross section measurement systems in this entry are controlled if they
are useable for any rockets, missiles, or unmanned aerial vehicles
capable of a range of at least 300 km, regardless of the payload
capability. This change is expected to have a minimal impact on
licensing activity.
ECCN 7A002 paragraph (a)(2) and ECCN 7A102 are amended by adding
technical notes to each of these ECCNs to define the term ``stability''
as it pertains to these MTCR defined gyros controlled on the CCL (MTCR
Annex Change Category II: Item 9.A.4 Technical Notes). This amendment
is made to bring these entries in line with current industry practice
for defining these terms. This change is expected to have no impact on
licensing activity.
ECCN 7A102 is further amended by substituting the defined term
``missiles'' with new text to the heading to clarify the scope of the
entry (MTCR Annex Change Category II: Item 9.A.4). Under the new text,
the gyros in this entry are controlled if they are usable in any
rockets, missiles, or unmanned aerial vehicles capable of a range of at
least 300 km, regardless of the payload capability. This change is
expected to have a minimal impact on licensing activity.
ECCN 7A103 paragraphs (b) and (c) are amended by substituting the
defined term ``missiles'' with new text to clarify the scope of the
entry (MTCR Annex Change Category II: Item 9.A.1). Under the new text,
the integrated flight instrument systems and navigation systems in this
entry are controlled if they are designed or modified for use in any
rockets, missiles, or unmanned aerial vehicles capable of a range of at
least 300 km, regardless of the payload capability. This change is
expected to have a minimal impact on licensing activity.
ECCN 7A107 is added to control three axis magnetic heading sensors
designed or modified to be integrated with flight control and
navigation systems (MTCR Annex Change Category II: Item 9.A.8). These
three axis magnetic heading sensors are being added to the EAR to
address a concern raised by MTCR members at the Copenhagen Plenary that
there is a potential proliferation concern in the use of this type of
equipment in Unmanned Aerial Vehicle (UAV) systems of concern. To
conform with the addition of ECCN 7A107 to the EAR, this rule amends
the headings of ECCNs 7D101 and 7E101, to include ECCN 7A107 in these
software and technology entries, respectively (MTCR Annex Category II:
Items 9.D.1 and 9.E.1). It is anticipated that this addition of one new
MT controlled ECCN 7A107 and the conforming changes to ECCNs 7D101 and
7E101 will produce a slight increase in licensing activity.
ECCN 9A101 is amended by deleting the word ``Lightweight'' and the
phrase ``usable in `missiles' '' from the heading text (MTCR Annex
Change Category II: Item 3.A.1). This amendment will result in a more
focused control on these engines, but this change is expected to have
no impact on licensing activity.
ECCN 9A101 is further amended by deleting the unit ``parts and
accessories in $ value''. This unit is being removed from this ECCN,
because parts and accessories are not controlled by this ECCN entry
(MTCR Annex Category II: Item 3.A.1). This amendment is expected to
have no impact on licensing activity.
ECCN 9A111 is amended by substituting the defined term ``missiles''
with new text to the heading to clarify the scope of the entry (MTCR
Annex Change Category II: Item 3.A.2). Under the new text, the items in
this entry are controlled if they are usable for any rockets, missiles,
or unmanned aerial vehicles capable of a range of at least 300km,
regardless of the payload capability. This change is expected to have
no impact on BIS licensing activity, because these commodities are
controlled by the Department of State under the International Traffic
in Arms Regulations (ITAR).
ECCN 9A120 is amended by adding double quotes around the word
[[Page 25682]]
``payload'' in Technical Note 1 to identify the word as a defined term
in the EAR. This amendment is expected to have no impact on licensing
activity.
ECCN 9B105 is amended by substituting the defined term ``missiles''
with new text to the heading to clarify the scope of the entry (MTCR
Annex Change Category II: Item 15.B.2). Under the new text, the wind
tunnels in this entry are controlled when usable for any rocket,
missile, or unmanned aerial vehicle systems capable of a range of at
least 300 km, regardless of the payload capability, and their
subsystems. This change is expected to have a minimal impact on
licensing activity.
ECCN 9B117 paragraph (a) is amended by replacing the control
parameter of ``90 kN'' with ``68 kN'' such that the text reads as
follows, ``* * *a thrust greater than 68 kN;'' (MTCR Annex Change
Category II: Item 15.B.3). This lowering of the test stand thrust
capacity threshold is being made to the EAR to address a concern raised
by MTCR members at the Copenhagen Plenary that there is a proliferation
concern with this type of equipment and its usefulness in MTCR type
systems. This change is expected to have a minimal impact on licensing
activity.
ECCN 9C110 is amended by placing double quotes around the terms
``specific tensile strength'' and ``specific modulus'' in the heading
text (MTCR Annex Change Category II: Item 6.C.1 Technical Notes) to
indicate that these are defined terms in the CCL. This amendment will
clarify the control text, but is expected to have no impact on
licensing activity.
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 May 7, 2007, 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 June 6, 2007. Any such items
not actually exported or reexported before midnight, on June 6, 2007,
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. 783 (2002)), as extended by the Notice of August 3, 2006, 71
FR 44551 (Aug. 7, 2006), has continued the Export Administration
Regulations under the International Emergency Economic Powers Act.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
purposes of E.O. 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. Although there is no formal
comment period, public comments on this regulation are welcome on a
continuing basis. Comments should be submitted to Timothy Mooney,
Office of Exporter Services, Bureau of Industry and Security,
Department of Commerce, P.O. Box 273, Washington, DC 20044.
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
3, 2006, 71 FR 44551 (August 7, 2006).
0
2. Section 772.1 is amended:
0
a. By revising the definition of ``payload'' and the ``Note:'' to that
definition; and
0
b. By revising the definition of ``range'' (MTCR) and the ``Technical
Notes:'' to that definition, as set forth below:
Sec. 772.1 Definitions of terms as used in the Export Administration
Regulations (EAR).
* * * * *
Payload. (MTCR context)--The total mass that can be carried or
delivered by the specified rocket system or unmanned aerial vehicle
(UAV) system that is not used to maintain flight.
Note: The particular equipment, subsystems, or components to be
included in the ``payload'' depends on the type and configuration of
the vehicle under construction.
Technical Notes: * * *
* * * * *
Range. (MTCR context)--The maximum distance that the specified
rocket system or unmanned aerial vehicle (UAV) system is capable of
traveling in the mode of stable flight as measured by the projection
of its trajectory over the surface of the Earth.
Technical Notes:
a. The maximum capability based on the design characteristics of
the system, when fully loaded with fuel or propellant, will be taken
into consideration in determining ``range''.
b. The ``range'' for both rocket systems and UAV systems will be
determined independently of any external factors such as operational
restrictions, limitations imposed by telemetry, data links or other
external constraints.
c. For rocket systems, the ``range'' will be determined using
the trajectory that maximizes ``range'', assuming ICAO standard
atmosphere with zero wind.
d. For UAV systems, the ``range'' will be determined for a one-
way distance using the most fuel-efficient flight profile (e.g.
cruise speed and altitude), assuming ICAO standard atmosphere with
zero wind.
* * * * *
[[Page 25683]]
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;
Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; 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 3, 2006, 71 FR 44551
(August 7, 2006).
0
4. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'',
Export Control Classification Number (ECCN) 1A102 is amended by
revising the Heading, to read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
1A102 Resaturated pyrolized carbon-carbon components designed for
rockets, missiles, or unmanned aerial vehicles capable of achieving a
``range'' equal to or greater than 300km. (These items are subject to
the export licensing authority of the U.S. Department of State,
Directorate of Defense Trade Controls. See 22 CFR part 121).
* * * * *
0
5. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'',
Export Control Classification Number (ECCN) 1C101 is amended by
revising the Heading, to read as follows:
1C101 Materials for Reduced Observables such as Radar Reflectivity,
Ultraviolet/Infrared Signatures and Acoustic Signatures (i.e., Stealth
Technology), Other than Those Controlled by 1C001, for applications
usable in rockets, missiles, or unmanned aerial vehicles capable of
achieving a ``range'' equal to or greater than 300km, and their
subsystems.
* * * * *
0
6. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'',
Export Control Classification Number (ECCN) 1C107 is amended by
revising paragraphs (c) and (d) of the ``items'' paragraph in the List
of Items Controlled section, to read as follows:
1C107 Graphite and ceramic materials, other than those controlled by
1C007, which can be machined to any of the following products as
follows (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
* * * * *
c. Ceramic composite materials (dielectric constant is less than
6 at any frequency from 100 MHz to 100 GHz) for use in radomes
useable in rockets, missiles, and unmanned aerial vehicles capable
of achieving a ``range'' equal to or greater than 300 km; or
d. Silicon-Carbide materials, useable in rockets, missiles, and
unmanned aerial vehicles capable of achieving a ``range'' equal to
or greater than 300 km, as follows:
d.1. Bulk machinable silicon-carbide reinforced unfired ceramic,
usable for nose tips.
d.2. Reinforced silicon-carbide ceramic composites usable for
nose tips, re-entry vehicles, nozzle flaps.
0
7. 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 the ``items'' paragraph in the List of Items Controlled
section, to read as follows:
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:
a. Propulsive substances:
a.1. Spherical aluminum powder, other than that specified on the
U.S. Munitions List, with particles of uniform diameter of less than
200 micrometer and an aluminum content of 97% by weight or more, if
at least 10 percent of the total weight is made up of particles of
less than 63 micrometer, according to ISO 2591:1988 or national
equivalents such as JIS Z8820.
Technical Note: A particle size of 63 micrometer (ISO R-565)
corresponds to 250 mesh (Tyler) or 230 mesh (ASTM standard E-11).
a.2. Metal fuels, other than that controlled by the U.S.
Munitions List, in particle sizes of less than 60 x 10-6
m (60 micrometers), whether spherical, atomized, spheroidal, flaked
or ground, consisting 97% by weight or more of any of the following:
a.2.a Zirconium;
a.2.b Beryllium;
a.2.c Magnesium; or
a.2.d Alloys of the metals specified by a.2.a to a.2.c above.
Technical Note: The natural content of hafnium in the zirconium
(typically 2% to 7%) is counted with the zirconium.
a.3. Oxidizer substances usable in liquid propellant rocket
engines, as follows:
a.3.a. Dinitrogen trioxide;
a.3.b. Nitrogendioxide/dinitrogen tetroxide;
a.3.c. Dinitrogen pentoxide;
a.3.d Mixed oxides of nitrogen (MON); a.3.e Inhibited red fuming
nitric acid (IRFNA);
Technical Note: Mixed oxides of nitrogen (MON) are solutions of
nitric oxide (NO) in dinitrogen tetroxide/nitrogen
dioxide(N2 O4 NO2 -) that can be used
in missile systems. There are a range of compositions that can be
denoted as MONi or MONij, where i and j are integers representing
the percentage of nitric oxide in the mixture (e.g., MON3 contains
3% nitric oxide, MON25 25% nitric oxide. An upper limit is MON40,
40% by weight).
b. Polymeric substances:
b.1. Carboxy-terminated polybutadiene (CTPB);
b.2. Hydroxy-terminated polybutadiene (HTPB), other than that
controlled by the U.S. Munitions List;
b.3. Polybutadiene-acrylic acid (PBAA);
b.4. Polybutadiene-acrylic acid -acrylonitrile (PBAN);
b.5 Polytetrahydrofuran polyethylene glycol (TPEG).
Technical Note: Polytetrahydrofuran polyethylene glycol (TPEG)
is a block co-polymer of poly 1,4-Butanediol and polyethylene glycol
(PEG).
c. Other propellant additives and agents:
c.1. Butacene;
c.2. Triethylene glycol dinitrate (TEGDN);
c.3. 2-Nitrodiphenylamine;
c.4. Trimethylolethane trinitrate (TMETN);
c.5. Diethylene glycol dinitrate (DEGDN).
0
8. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A108 is amended by revising the ``items'' paragraph in the List
of Items Controlled section, to read as follows:
6A108 Radar systems and tracking systems, other than those controlled
by 6A008, as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
a. Radar and laser radar systems designed or modified for use in
``missiles'';
Note: 6A108.a includes the following:
a. Terrain contour mapping equipment;
b. Imaging sensor equipment;
c. Scene mapping and correlation (both digital and analog)
equipment;
d. Doppler navigation radar equipment.
b. Precision tracking systems, usable for rockets, missiles, or
unmanned aerial vehicles capable of achieving a ``range'' equal to
or greater than 300 km, as follows:
b.1. Tracking systems which use a code translator installed on
the rocket or unmanned aerial vehicle in conjunction with either
surface or airborne references or navigation satellite systems to
provide real-
[[Page 25684]]
time measurements of in-flight position and velocity;
b.2. Range instrumentation radars including associated optical/
infrared trackers with all of the following capabilities:
b.2.a. Angular resolution better than 3 milliradians;
b.2.b. Range of 30 km or greater with a range resolution better
than 10 m rms;
b.2.c. Velocity resolution better than 3 m/s.
0
9. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6B108 is amended by revising the Heading, to read as follows:
6B108 Systems, other than those controlled by 6B008, specially designed
for radar cross section measurement usable for rockets, missiles, or
unmanned aerial vehicles capable of achieving a ``range'' equal to or
greater than 300 km and their subsystems.
* * * * *
0
10. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A002 is amended by revising the ``items'' paragraph in
the List of Items Controlled section, to read as follows:
7A002 Gyros, and angular or rotational accelerometers, having any of
the following characteristics (see List of Items Controlled), and
specially designed components therefor.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
a. A ``drift rate'' `stability', when measured in a 1 g
environment over a period of one month and with respect to a fixed
calibration value, of:
Technical Notes: For the purpose of 7A002.a, `stability' is
defined as a measure of the ability of a specific mechanism or
performance coefficient to remain invariant when continuously
exposed to a fixed operating condition. (This definition does not
refer to dynamic or servo stability.) (IEEE STD 528-2001 paragraph
2.247)
a.1. Less (better) than 0.1 degree per hour when specified to
function at linear acceleration levels below 12 g; or
a.2. Less (better) than 0.5 degree per hour when specified to
function at linear acceleration levels from 12 g to 100 g inclusive;
b. An angle random walk of less (better) than or equal to 0.0035
degree per square root hour; or
Note: 7A002.b does not control spinning mass gyros (spinning
mass gyros are gyros which use a continually rotating mass to sense
angular motion).
Technical Note: For the purpose of 7A002.b, `angle random walk'
is the angular error buildup with time that is due to white noise in
angular rate. (IEEE STD 528-2001)
c. Specified to function at linear acceleration levels exceeding
100 g.
0
11. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A102 is amended by revising the Heading and the
``items'' paragraph in the List of Items Controlled section, to read as
follows:
7A102 All types of gyros, other than those controlled by 7A002, usable
in rockets, missiles, or unmanned aerial vehicles capable of achieving
a ``range'' equal to or greater than 300 km, with a rated ``drift
rate'' `stability' of less than 0.5 degrees (1 sigma or rms) per hour
in a 1 g environment and specially designed components therefor.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
The list of items controlled is contained in the ECCN heading.
Technical Note: In this entry, the term `stability' is defined
as a measure of the ability of a specific mechanism or performance
coefficient to remain invariant when continuously exposed to a fixed
operating condition. (This definition does not refer to dynamic or
servo stability.) (IEEE STD 528-2001 paragraph 2.247)
0
12. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7A103 is amended by revising the first sentence of the
``related controls'' paragraph and paragraphs (b) and (c) of the
``items'' paragraph in the List of Items Controlled section, to read as
follows:
7A103 Instrumentation, navigation equipment and systems, other than
those controlled by 7A003, and specially designed components therefor.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: (1) For rockets, missiles, or unmanned aerial
vehicles controlled under the U.S. Munitions List (22 CFR part 121),
items described in 7A103.b are subject to the export licensing
authority of the U.S. Department of State, Directorate of Defense
Trade Controls (See 22 CFR part 121). * * *
Related Definitions: * * *
Items:
* * * * *
b. Integrated flight instrument systems, which include
gyrostabilizers or automatic pilots, designed or modified for use in
rockets, missiles, or unmanned aerial vehicles capable of achieving
a ``range'' equal to or greater than 300 km.
c. Integrated Navigation Systems, designed or modified for use
in rockets, missiles, or unmanned aerial vehicles capable of
achieving a ``range'' equal to or greater than 300 km and capable of
providing a navigational accuracy of 200m Circular Error Probable
(CEP) or less.
Technical Note: An `integrated navigation system' typically
incorporates the following components:
1. An inertial measurement device (e.g., an attitude and heading
reference system, inertial reference unit, or inertial navigation
system);
2. One or more external sensors used to update the position and/
or velocity, either periodically or continuously throughout the
flight (e.g., satellite navigation receiver, radar altimeter, and/or
Doppler radar); and
3. Integration hardware and software.*COM019**COM019*
0
13. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, is amended by adding Export
Control Classification Number (ECCN) 7A107 after ECCN 7A106 and before
ECCN 7A115, to read as follows:
7A107 Three axis magnetic heading sensors having all of the following
characteristics, and specially designed components therefor.
License Requirements
Reason for Control: MT, AT.
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
MT applies to entire entry............... MT Column 1.
AT applies to entire entry............... AT Column 1.
------------------------------------------------------------------------
License Exceptions
LVS: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Unit: $ value.
Related Controls: N/A.
Related Definitions: N/A.
Items:
a. Internal tilt compensation in pitch (+/-90 degrees) and roll
(+/-180 degrees) axes;
b. Capable of providing azimuthal accuracy better (less) than
0.5 degrees rms at latitudes of +/-80 degrees, referenced to local
magnetic field; and
c. Designed or modified to be integrated with flight control and
navigation systems.
Note: Flight control and navigation systems in 7A107 include
gyrostabilizers, automatic pilots and inertial navigation systems.
0
14. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7D101 is amended by revising the Heading, to read as
follows:
[[Page 25685]]
7D101 ``Software'' specially designed or modified for the ``use'' of
equipment controlled by 7A001 to 7A006, 7A101 to 7A107, 7A115, 7A116,
7B001, 7B002, 7B003, 7B101, 7B102, or 7B103.
* * * * *
0
15. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, Export Control Classification
Number (ECCN) 7E101 is amended by revising the Heading, to read as
follows:
7E101 ``Technology'', according to the General Technology Note for the
``use'' of equipment controlled by 7A001 to 7A006, 7A101 to 7A107,
7A115 to 7A117, 7B001, 7B002, 7B003, 7B101, 7B102, 7B103, or 7D101 to
7D103.
* * * * *
0
16. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Propulsion Systems, Space Vehicles and Related Equipment,
Export Control Classification Number (ECCN) 9A101 is amended by
revising the Heading and the ``unit'' paragraph in the List of Items
Controlled section, to read as follows:
9A101 Turbojet and turbofan engines (including turbocompound engines),
other than those controlled by 9A001, as follows (see List of Items
Controlled).
* * * * *
List of Items Controlled
Unit: Equipment in number
* * * * *
0
17. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Propulsion Systems, Space Vehicles and Related Equipment,
Export Control Classification Number (ECCN) 9A111 is amended by
revising the Heading, to read as follows:
9A111 Pulse jet engines, usable in rockets, missiles, or unmanned
aerial vehicles capable of achieving a ``range'' equal to or greater
than 300km, and specially designed components therefor. (These items
are subject to the export licensing authority of the U.S. Department of
State, Directorate of Defense Trade Controls. See 22 CFR part 121.)
* * * * *
0
18. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Propulsion Systems, Space Vehicles and Related Equipment,
Export Control Classification Number (ECCN) 9A120 is amended by
revising the ``items'' paragraph in the List of Items Controlled
section, to read as follows:
9A120 Complete unmanned aerial vehicles, not specified in 9A012, having
all of the following:
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
a. Having any of the following:
a.1. An autonomous flight control and navigation capability; or
a.2. Capability of controlled-flight out of the direct vision
range involving a human operator; and
b. Having any of the following:
b.1. Incorporating an aerosol dispensing system/mechanism with a
capacity greater than 20 liters; or
b.2. Designed or modified to incorporate an aerosol dispensing
system/mechanism with a capacity of greater than 20 liters.
Note: 9A120 does not control model aircraft, specially designed
for recreational or competition purposes.
Technical Notes:
1. An aerosol consists of particulate or liquids other than fuel
components, by--products or additives, as part of the ``payload'' to
be dispersed in the atmosphere. Examples of aerosols include
pesticides for crop dusting and dry chemicals for cloud seeding.
2. An aerosol dispensing system/mechanism contains all above
devices (mechanical, electrical, hydraulic, etc.), which are
necessary for storage and dispersion of an aerosol into the
atmosphere. This includes the possibility of aerosol injection into
the combustion exhaust vapor and into the propeller slip stream.
0
19. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Propulsion Systems, Space Vehicles and Related Equipment,
Export Control Classification Number (ECCN) 9A105 is amended by
revising the Heading, to read as follows:
9B105 Wind tunnels for speeds of Mach 0.9 or more, usable for rockets,
missiles, or unmanned aerial vehicles capable of achieving a ``range''
equal to or greater than 300 km and their subsystems.
* * * * *
0
20. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Propulsion Systems, Space Vehicles and Related Equipment,
Export Control Classification Number (ECCN) 9B117 is amended by
revising the ``items'' paragraph in the List of Items Controlled
section, to read as follows:
9B117 Test benches and test stands for solid or liquid propellant
rockets, motors or rocket engines, having either of the following
characteristics (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
a. The capacity to handle solid or liquid propellant rocket
motors or rocket engines having a thrust greater than 68 kN; or
b. Capable of simultaneously measuring the three axial thrust
components.
0
21. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Propulsion Systems, Space Vehicles and Related Equipment,
Export Control Classification Number (ECCN) 9C110 is amended by
revising the Heading, to read as follows:
9C110 Resin impregnated fiber prepregs and metal coated fiber preforms
therefor, for composite structures, laminates and manufactures
specified in 9A110, made either with organic matrix or metal matrix
utilizing fibrous or filamentary reinforcements having a ``specific
tensile strength'' greater than 7.62 x 10\4\ m and a ``specific
modulus'' greater than 3.18 x 10\6\ m.
* * * * *
Dated: May 1, 2007.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
[FR Doc. E7-8685 Filed 5-4-07; 8:45 am]
BILLING CODE 3510-33-P