Addition of New Export Control Classification Number 6A981 Passive Infrasound Sensors to the Commerce Control List of the Export Administration Regulations, and Related Amendments, 37742-37744 [2010-15928]
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37742
Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Proposed Rules
on all issues. Like all Committee
meetings, the May 19, 2010, meeting
was a public meeting and all entities,
both large and small, were able to
express views on the issues.
Additionally, interested persons are
invited to submit information on the
regulatory and informational impacts of
this action on small businesses.
This proposed rule would impose no
additional reporting or recordkeeping
requirements on either small or large
Washington apricot handlers. As with
all Federal marketing order programs,
reports and forms are periodically
reviewed to reduce information
requirements and duplication by
industry and public sector agencies.
Additionally, USDA has not identified
any relevant Federal rules that
duplicate, overlap, or conflict with this
rule.
AMS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
AMSv1.0/ams.fetchTemplate
Data.do?template=TemplateN&page=
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Antoinette
Carter at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
A 15-day comment period is provided
to allow interested persons to respond
to this proposed rule. Fifteen days is
deemed appropriate because: (1) The
2010–11 fiscal period began on April 1,
2010, and the order requires that the
assessment rate for each fiscal period
apply to all assessable apricots handled
during such fiscal period; (2) the
Washington apricot harvest and
shipping season is expected to begin as
early as the last week of June; (3) the
Committee needs to have sufficient
funds to pay its expenses, which are
incurred on a continuous basis; and (4)
handlers are aware of this action, which
was recommended by the Committee at
a public meeting and is similar to other
assessment rate actions issued in past
years.
List of Subjects in 7 CFR Part 922
Apricots, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 922 is proposed to
be amended as follows:
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[Docket No. 080724907–91435–01]
‘‘RIN–AE44’’ 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 Deliver/Courier:
Sharron Cook, U.S. Department of
Commerce, Bureau of Industry and
Security, Regulatory Policy Division,
14th St. & Pennsylvania Ave., NW.,
Room 2705, Washington, DC 20230,
Attn: RIN–AE44.
Send comments regarding the
collection of information associated
with the rule, including suggestions for
reducing the burden, to Jasmeet Seehra,
Office of Management and Budget
(OMB), by e-mail to
jseehra@omb.eop.gov, 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 Ave., NW.,
Room 2705, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT:
James Thompson, Sensors and Aviation
Division, Bureau of Industry and
Security, Telephone: (202) 482–4252.
SUPPLEMENTARY INFORMATION:
RIN 0694–AE44
Background
Addition of New Export Control
Classification Number 6A981 Passive
Infrasound Sensors to the Commerce
Control List of the Export
Administration Regulations, and
Related Amendments
The Bureau of Industry and Security
proposes to amend the Export
Administration Regulations (EAR) by
imposing new foreign policy export and
reexport controls on certain infrasound
sensors (i.e., sensors capable of
detecting sound from 0.01 to 16 Hertz).
Infrasound sensors are used by the oil
exploration industry, meteorologists,
seismologists, and the military to detect
natural or man-made infrasound sources
including earthquakes, volcanic
eruptions, rocket launch, and/or nuclear
explosions.
Passive infrasound sensors, which
possess civil and military utility, are not
currently specified in the CCL, but
similar sensors are subject to the EAR.
Today’s passive infrasound sensors have
updated electronics, which increase
their sensitivity and allow the detection
of additional infrasound sources.
Because of the enhanced capabilities of
current sensors, these passive
infrasound sensors have military and
commercial applications, and therefore
should be controlled under the EAR for
regional stability (RS) and antiterrorism
(AT) reasons.
BIS proposes to amend the EAR,
Supplement No. 1 to Part 774
(Commerce Control List), Category 6
(Sensors and Lasers) by adding Export
Control Classification Number (ECCN)
6A981. This new ECCN 6A981 would be
controlled for RS and AT reasons and
PART 922—APRICOTS GROWN IN
DESIGNATED COUNTIES IN
WASHINGTON
1. The authority citation for 7 CFR
part 922 continues to read as follows:
Authority: 7 U.S.C. 601–674.
2. Section 922.235 is revised to read
as follows:
§ 922.235
Assessment rate.
On or after April 1, 2010, an
assessment rate of $1.50 per ton is
established for the Washington Apricot
Marketing Committee.
Dated: June 25, 2010.
Rayne Pegg,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–15941 Filed 6–29–10; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742 and 774
AGENCY: Bureau of Industry and
Security, Commerce.
ACTION: Proposed rule, request for
comments.
SUMMARY: The Bureau of Industry and
Security proposes to amend the Export
Administration Regulations (EAR) by
adding Export Control Classification
Number (ECCN) 6A981 to the
Commerce Control List (CCL) to control
passive infrasound sensors because of
their military and commercial utility.
Items under this new ECCN will be
controlled for Regional Stability (RS)
and Anti-Terrorism (AT) reasons. In
addition, BIS proposes to control
technology and software for the
development, production, or use of
these items for RS and AT reasons
under revised ECCNs 6D991 and 6E991,
respectively.
DATES: Comments must be received by
August 30, 2010.
ADDRESSES: You may submit comments,
identified by RIN–AE44 by any of the
following methods:
E-mail: publiccomments@bis.doc.gov
or via www.regulations.gov. Include
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Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Proposed Rules
cprice-sewell on DSKHWCL6B1PROD with PROPOSALS-1
would have the following control
parameters; ‘‘Sensors designed to
measure pressure whose 3 dB
bandwidth intersects any part of the
infrasound band of 0.01–16 Hz and have
a sensor band-limited root mean
squared (RMS) self-noise from 0.5–2Hz
less than 0.15 milliPascals, which is
equivalent to an average of –77 dB
(relative to 1 Pa∧2/Hz) across the 0.5–
2Hz band.’’
BIS proposes to require a license for
the export and reexport of these sensors
to countries with an X in the box under
RS Column 2 and AT Column 1 on the
Commerce Country Chart (See
Supplement No. 1 to Part 738 of the
EAR.) There may be license exceptions
available for export of these items under
certain circumstances (License
Exceptions GOV, TMP, RPL, TSU, BAG,
and APR).
This rule also proposes to revise the
headings of ECCNs 6E001 and 6E002 to
make clear that ECCN 6A981 is
excluded from the scope of these
entries. In addition, this rule proposes
to revise the headings and license
requirements sections of ECCNs 6D991
and 6E991 in order to add RS and AT
controls for development, production or
use technology and software for
equipment under ECCN 6A981.
All other license requirements of the
EAR that are applicable to a transaction
involving these sensors would also
apply to items controlled by new ECCN
6A981 (e.g., end-user and end-use based
license requirements set forth in Part
744 of the EAR).
Since August 21, 2001, the Export
Administration Act of 1979, as
amended, has been in lapse. However,
the President, through Executive Order
13222 of August 17, 2001 (3 CFR, 2001
Comp. 783 (2002)), which has been
extended by successive Presidential
Notices, the most recent being that of
August 13, 2009 (74 FR 41325 (August
14, 2009)), has continued the EAR in
effect under the International
Emergency Economic Powers Act (50
U.S.C. 1701–1707).
Request for Public Comments
BIS is requesting public comment on
the possible impact of this proposed
rule. As these sensors are not currently
described on the Commerce Control List
(CCL), it is difficult for BIS to determine
how many U.S. companies manufacture
these sensors and would be impacted by
this new control. Therefore BIS is
seeking specific information about the
impact of this proposed rule, as follows:
1. Whether your company
manufactures parts, software, or
technology that would be controlled if
this rule was to be promulgated.
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2. What the end-use is for the sensors
your company manufactures.
3. What the typical end-uses are for
these sensors, other than those end-uses
described in this proposed rule.
4. Whether the parameters set forth in
this rule are appropriate to control
sensors that could be used to detect
rocket launch and/or nuclear
explosions, or whether the parameters
are overly broad. If the controls are
overly broad, could the parameters be
narrowed to capture sensors that BIS is
interested in controlling.
5. Whether there is foreign availability
for these sensors. If foreign availability
does exist, it would be helpful if your
company could provide BIS with the
URLs referencing these sensors on
foreign Web sites or other foreign
marketing material.
Rulemaking Requirements
1. This proposed 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 of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This rule
contains a collection of information
subject to the requirements of the PRA.
This collection has previously been
approved by OMB under Control
Number 0694–0088 (Multi-Purpose
Application), which carries a burden
hour estimate of 58 minutes to prepare
and submit form BIS–748. This rule is
not expected to result in any change for
collection purposes. Send comments
regarding this burden estimate or any
other aspect of this collection of
information, including suggestions for
reducing the burden, to Jasmeet Seehra,
Office of Management and Budget
(OMB), and to the Regulatory Policy
Division, Bureau of Industry and
Security, Department of Commerce, as
indicated in the ADDRESSES section of
this rule.
3. This rule does not contain policies
with Federalism implications as this
term is defined under Executive Order
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
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37743
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 proposed rule. Because a
notice of proposed rulemaking and an
opportunity for public comment are not
required to be given for this rule under
5 U.S.C. 553 or by any other law, the
analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable.
List of Subjects
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
Accordingly, Parts 742 and 774 of the
Export Administration Regulations (15
CFR Parts 730–774) are proposed to be
amended as follows:
PART 742—[AMENDED]
1. The authority citation for part 742
continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; Sec 1503, Pub. L. 108–11, 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
2003–23 of May 7, 2003, 68 FR 26459, May
16, 2003; Notice of August 13, 2009, 74 FR
41325 (August 14, 2009); Notice of November
6, 2009, 74 FR 58187 (November 10, 2009).
§ 742.6
[Amended]
2. Section 742.6 is amended by
revising paragraph (a)(4)(i) to read as
follows:
§ 742.6
Regional Stability.
(a) * * *
(4) RS Column 2 license
requirements—(i) License Requirements
Applicable to Most RS Column 2 Items.
As indicated in the CCL and in RS
Column 2 of the Commerce Country
Chart (see Supplement No. 1 to part 738
of the EAR), a license is required to any
destination except Australia, Japan,
New Zealand, and countries in the
North Atlantic Treaty Organization
(NATO) for items described on the CCL
under ECCNs 0A918, 0E918, 1A004.d,
1D003 (software to enable equipment to
perform the functions of equipment
controlled by 1A004.d), 1E001
(technology for the development,
production, or use of 1A004.d), 2A983,
2A984, 2D983, 2D984, 2E983, 2E984,
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Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 / Proposed Rules
6A981, 6D991 (only ‘‘software’’ for the
‘‘production’’, ‘‘development’’, or ‘‘use’’ of
commodities in ECCN 6A981), 6E991
(only for ‘‘technology’’ for the
‘‘production, ‘‘development’’, or ‘‘use’’ of
commodities in ECCN 6A981), 8A918,
and for military vehicles and certain
commodities (specially designed) used
to manufacture military equipment,
described on the CCL in ECCNs
0A018.c, 1B018.a, 2B018, 9A018.a and
.b, 9D018 (only software for the ‘‘use’’ of
commodities in ECCN 9A018.a and .b),
and 9E018 (only technology for the
‘‘development’’, ‘‘production’’, or ‘‘use’’ of
commodities in 9A018.a and .b).
*
*
*
*
*
PART 774—[AMENDED]
3. The authority citation for 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 13, 2009, 74
FR 41325 (August 14, 2009).
Supplement No. 1 to Part 774—
[Amended]
4. In Supplement No. 1 to Part 774
(the Commerce Control List) Category 6
is amended by adding Export Control
Classification Number (ECCN) 6A981
after ECCN 6A226 to read as follows:
Supplement No. 1 to Part 774—The
Commerce Control List
Control
Country chart
cprice-sewell on DSKHWCL6B1PROD with PROPOSALS-1
RS applies to entire
entry.
AT applies to entire
entry.
RS Column 2.
AT Column 1.
License Exceptions
LVS: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Unit: Number
Related Controls: N/A
Related Definitions: N/A
Items:
a. Sensors designed to measure
pressure whose 3 dB bandwidth
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License Requirements
Reason for Control: RS, AT
Control(s)
RS applies to ‘‘software’’ for equipment controlled by
6A002.e or
6A998.b.
RS applies to ‘‘software’’ for equipment controlled by
6A981.
AT applies to entire
entry, except ‘‘software’’ for equipment controlled by
6A991.
AT applies to ‘‘software’’ for equipment controlled by
6A991.
Country chart
RS Column 1.
RS Column 2.
AT Column 1.
6B (except 6B995) or 6C (except
6C992 or 6C994).
*
*
*
*
*
8. In Supplement No. 1 to Part 774
(the Commerce Control List) Category 6
is amended by revising the Heading and
the License Requirements section of
ECCN 6E991 to read as follows:
6E991 ‘‘Technology’’ for the
‘‘development’’, ‘‘production’’ or
‘‘use’’ of equipment controlled by
6A981, 6A991, 6A996, 6A997, or
6A998.
License Requirements
Reason for Control: RS, AT
Control(s)
RS applies to ‘‘technology’’ for equipment controlled by
6A998.b.
RS applies to ‘‘technology’’ for equipment controlled by
6A981..
AT applies to entire
entry except ‘‘technology’’ for equipment controlled by
6A991.
AT applies to ‘‘technology’’ for equipment controlled by
6A991.
*
AT Column 2.
Country chart
*
*
*
RS Column 1.
RS Column 2.
AT Column 1.
AT Column 2.
*
Dated: June 25, 2010.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2010–15928 Filed 6–29–10; 8:45 am]
*
*
*
*
*
6A981 Passive infrasound sensors, as
follows (see List of Items
Controlled).
License Requirements
Reason for Control: RS, AT
intersects any part of the infrasound
band of 0.01–16 Hz and have a sensor
band-limited root mean squared (RMS)
self-noise from 0.5–2 Hz less than 0.15
milliPascals, which is equivalent to an
average of ¥77 dB (relative to 1 Pa∧2/
Hz) across the 0.5–2 Hz band.
b. [RESERVED]
*
*
*
*
*
5. In Supplement No. 1 to Part 774
(the Commerce Control List) Category 6
is amended by revising the Heading and
the License Requirements section of
ECCN 6D991 to read as follows:
6D991 ‘‘Software’’ specially designed
for the ‘‘development’’,
‘‘production’’, or ‘‘use’’ of equipment
controlled by 6A002.e, 6A981,
6A991, 6A996, 6A997, or 6A998.
*
*
*
*
*
6. In Supplement No. 1 to Part 774
(the Commerce Control List) Category 6
is amended by revising the Heading of
ECCN 6E001 to read as follows:
6E001 ‘‘Technology’’ according to the
General Technology Note for the
‘‘development’’ of equipment,
materials or ‘‘software’’ controlled
by 6A (except 6A981, 6A991,
6A992, 6A994, 6A995, 6A996,
6A997, or 6A998), 6B (except
6B995), 6C (except 6C992 or
6C994), or 6D (except 6D991,
6D992, or 6D993).
*
*
*
*
*
7. In Supplement No. 1 to Part 774
(the Commerce Control List) Category 6
is amended by revising the Heading of
ECCN 6E002 to read as follows:
6E002 ‘‘Technology’’ according to the
General Technology Note for the
‘‘production’’ of equipment or
materials controlled by 6A (except
6A981, 6A991, 6A992, 6A994,
6A995, 6A996, 6A997 or 6A998),
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BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 902
50 CFR Part 660
[Docket No. 100212086–0210–01]
RIN 0648–AY68
Fisheries off West Coast States;
Pacific Coast Groundfish Fishery
Management Plan; Amendments 20
and 21; Trawl Rationalization Program;
Correction
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; correction.
E:\FR\FM\30JNP1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Proposed Rules]
[Pages 37742-37744]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15928]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742 and 774
[Docket No. 080724907-91435-01]
RIN 0694-AE44
Addition of New Export Control Classification Number 6A981
Passive Infrasound Sensors to the Commerce Control List of the Export
Administration Regulations, and Related Amendments
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Proposed rule, request for comments.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security proposes to amend the
Export Administration Regulations (EAR) by adding Export Control
Classification Number (ECCN) 6A981 to the Commerce Control List (CCL)
to control passive infrasound sensors because of their military and
commercial utility. Items under this new ECCN will be controlled for
Regional Stability (RS) and Anti-Terrorism (AT) reasons. In addition,
BIS proposes to control technology and software for the development,
production, or use of these items for RS and AT reasons under revised
ECCNs 6D991 and 6E991, respectively.
DATES: Comments must be received by August 30, 2010.
ADDRESSES: You may submit comments, identified by RIN-AE44 by any of
the following methods:
E-mail: publiccomments@bis.doc.gov or via www.regulations.gov.
Include ``RIN-AE44'' 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 Deliver/Courier: Sharron Cook, U.S. Department of
Commerce, Bureau of Industry and Security, Regulatory Policy Division,
14th St. & Pennsylvania Ave., NW., Room 2705, Washington, DC 20230,
Attn: RIN-AE44.
Send comments regarding the collection of information associated
with the rule, including suggestions for reducing the burden, to
Jasmeet Seehra, Office of Management and Budget (OMB), by e-mail to
jseehra@omb.eop.gov, 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 Ave., NW., Room 2705,
Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: James Thompson, Sensors and Aviation
Division, Bureau of Industry and Security, Telephone: (202) 482-4252.
SUPPLEMENTARY INFORMATION:
Background
The Bureau of Industry and Security proposes to amend the Export
Administration Regulations (EAR) by imposing new foreign policy export
and reexport controls on certain infrasound sensors (i.e., sensors
capable of detecting sound from 0.01 to 16 Hertz).
Infrasound sensors are used by the oil exploration industry,
meteorologists, seismologists, and the military to detect natural or
man-made infrasound sources including earthquakes, volcanic eruptions,
rocket launch, and/or nuclear explosions.
Passive infrasound sensors, which possess civil and military
utility, are not currently specified in the CCL, but similar sensors
are subject to the EAR. Today's passive infrasound sensors have updated
electronics, which increase their sensitivity and allow the detection
of additional infrasound sources. Because of the enhanced capabilities
of current sensors, these passive infrasound sensors have military and
commercial applications, and therefore should be controlled under the
EAR for regional stability (RS) and antiterrorism (AT) reasons.
BIS proposes to amend the EAR, Supplement No. 1 to Part 774
(Commerce Control List), Category 6 (Sensors and Lasers) by adding
Export Control Classification Number (ECCN) 6A981. This new ECCN 6A981
would be controlled for RS and AT reasons and
[[Page 37743]]
would have the following control parameters; ``Sensors designed to
measure pressure whose 3 dB bandwidth intersects any part of the
infrasound band of 0.01-16 Hz and have a sensor band-limited root mean
squared (RMS) self-noise from 0.5-2Hz less than 0.15 milliPascals,
which is equivalent to an average of -77 dB (relative to 1 Pa[caret]2/
Hz) across the 0.5-2Hz band.''
BIS proposes to require a license for the export and reexport of
these sensors to countries with an X in the box under RS Column 2 and
AT Column 1 on the Commerce Country Chart (See Supplement No. 1 to Part
738 of the EAR.) There may be license exceptions available for export
of these items under certain circumstances (License Exceptions GOV,
TMP, RPL, TSU, BAG, and APR).
This rule also proposes to revise the headings of ECCNs 6E001 and
6E002 to make clear that ECCN 6A981 is excluded from the scope of these
entries. In addition, this rule proposes to revise the headings and
license requirements sections of ECCNs 6D991 and 6E991 in order to add
RS and AT controls for development, production or use technology and
software for equipment under ECCN 6A981.
All other license requirements of the EAR that are applicable to a
transaction involving these sensors would also apply to items
controlled by new ECCN 6A981 (e.g., end-user and end-use based license
requirements set forth in Part 744 of the EAR).
Since August 21, 2001, the Export Administration Act of 1979, as
amended, has been in lapse. However, the President, through Executive
Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
has been extended by successive Presidential Notices, the most recent
being that of August 13, 2009 (74 FR 41325 (August 14, 2009)), has
continued the EAR in effect under the International Emergency Economic
Powers Act (50 U.S.C. 1701-1707).
Request for Public Comments
BIS is requesting public comment on the possible impact of this
proposed rule. As these sensors are not currently described on the
Commerce Control List (CCL), it is difficult for BIS to determine how
many U.S. companies manufacture these sensors and would be impacted by
this new control. Therefore BIS is seeking specific information about
the impact of this proposed rule, as follows:
1. Whether your company manufactures parts, software, or technology
that would be controlled if this rule was to be promulgated.
2. What the end-use is for the sensors your company manufactures.
3. What the typical end-uses are for these sensors, other than
those end-uses described in this proposed rule.
4. Whether the parameters set forth in this rule are appropriate to
control sensors that could be used to detect rocket launch and/or
nuclear explosions, or whether the parameters are overly broad. If the
controls are overly broad, could the parameters be narrowed to capture
sensors that BIS is interested in controlling.
5. Whether there is foreign availability for these sensors. If
foreign availability does exist, it would be helpful if your company
could provide BIS with the URLs referencing these sensors on foreign
Web sites or other foreign marketing material.
Rulemaking Requirements
1. This proposed 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 of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
contains a collection of information subject to the requirements of the
PRA. This collection has previously been approved by OMB under Control
Number 0694-0088 (Multi-Purpose Application), which carries a burden
hour estimate of 58 minutes to prepare and submit form BIS-748. This
rule is not expected to result in any change for collection purposes.
Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing the
burden, to Jasmeet Seehra, Office of Management and Budget (OMB), and
to the Regulatory Policy Division, Bureau of Industry and Security,
Department of Commerce, as indicated in the ADDRESSES section of this
rule.
3. This rule does not contain policies with Federalism implications
as this term is defined under Executive Order 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 proposed rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under 5 U.S.C. 553 or by any other
law, the analytical requirements of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) are not applicable.
List of Subjects
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
Accordingly, Parts 742 and 774 of the Export Administration
Regulations (15 CFR Parts 730-774) are proposed to be amended as
follows:
PART 742--[AMENDED]
1. The authority citation for part 742 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; Sec 1503, Pub. L. 108-11, 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
2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August
13, 2009, 74 FR 41325 (August 14, 2009); Notice of November 6, 2009,
74 FR 58187 (November 10, 2009).
Sec. 742.6 [Amended]
2. Section 742.6 is amended by revising paragraph (a)(4)(i) to read
as follows:
Sec. 742.6 Regional Stability.
(a) * * *
(4) RS Column 2 license requirements--(i) License Requirements
Applicable to Most RS Column 2 Items. As indicated in the CCL and in RS
Column 2 of the Commerce Country Chart (see Supplement No. 1 to part
738 of the EAR), a license is required to any destination except
Australia, Japan, New Zealand, and countries in the North Atlantic
Treaty Organization (NATO) for items described on the CCL under ECCNs
0A918, 0E918, 1A004.d, 1D003 (software to enable equipment to perform
the functions of equipment controlled by 1A004.d), 1E001 (technology
for the development, production, or use of 1A004.d), 2A983, 2A984,
2D983, 2D984, 2E983, 2E984,
[[Page 37744]]
6A981, 6D991 (only ``software'' for the ``production'',
``development'', or ``use'' of commodities in ECCN 6A981), 6E991 (only
for ``technology'' for the ``production, ``development'', or ``use'' of
commodities in ECCN 6A981), 8A918, and for military vehicles and
certain commodities (specially designed) used to manufacture military
equipment, described on the CCL in ECCNs 0A018.c, 1B018.a, 2B018,
9A018.a and .b, 9D018 (only software for the ``use'' of commodities in
ECCN 9A018.a and .b), and 9E018 (only technology for the
``development'', ``production'', or ``use'' of commodities in 9A018.a
and .b).
* * * * *
PART 774--[AMENDED]
3. The authority citation for 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 13, 2009, 74 FR 41325 (August 14, 2009).
Supplement No. 1 to Part 774--[Amended]
4. In Supplement No. 1 to Part 774 (the Commerce Control List)
Category 6 is amended by adding Export Control Classification Number
(ECCN) 6A981 after ECCN 6A226 to read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
6A981 Passive infrasound sensors, as follows (see List of Items
Controlled).
License Requirements
Reason for Control: RS, AT
------------------------------------------------------------------------
Control Country chart
------------------------------------------------------------------------
RS applies to entire entry................ RS Column 2.
AT applies to entire entry................ AT Column 1.
------------------------------------------------------------------------
License Exceptions
LVS: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Unit: Number
Related Controls: N/A
Related Definitions: N/A
Items:
a. Sensors designed to measure pressure whose 3 dB bandwidth
intersects any part of the infrasound band of 0.01-16 Hz and have a
sensor band-limited root mean squared (RMS) self-noise from 0.5-2 Hz
less than 0.15 milliPascals, which is equivalent to an average of -77
dB (relative to 1 Pa[caret]2/Hz) across the 0.5-2 Hz band.
b. [RESERVED]
* * * * *
5. In Supplement No. 1 to Part 774 (the Commerce Control List)
Category 6 is amended by revising the Heading and the License
Requirements section of ECCN 6D991 to read as follows:
6D991 ``Software'' specially designed for the ``development'',
``production'', or ``use'' of equipment controlled by 6A002.e, 6A981,
6A991, 6A996, 6A997, or 6A998.
License Requirements
Reason for Control: RS, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
RS applies to ``software'' for equipment RS Column 1.
controlled by 6A002.e or 6A998.b.
RS applies to ``software'' for equipment RS Column 2.
controlled by 6A981.
AT applies to entire entry, except AT Column 1.
``software'' for equipment controlled by
6A991.
AT applies to ``software'' for equipment AT Column 2.
controlled by 6A991.
------------------------------------------------------------------------
* * * * *
6. In Supplement No. 1 to Part 774 (the Commerce Control List)
Category 6 is amended by revising the Heading of ECCN 6E001 to read as
follows:
6E001 ``Technology'' according to the General Technology Note for the
``development'' of equipment, materials or ``software'' controlled by
6A (except 6A981, 6A991, 6A992, 6A994, 6A995, 6A996, 6A997, or 6A998),
6B (except 6B995), 6C (except 6C992 or 6C994), or 6D (except 6D991,
6D992, or 6D993).
* * * * *
7. In Supplement No. 1 to Part 774 (the Commerce Control List)
Category 6 is amended by revising the Heading of ECCN 6E002 to read as
follows:
6E002 ``Technology'' according to the General Technology Note for the
``production'' of equipment or materials controlled by 6A (except
6A981, 6A991, 6A992, 6A994, 6A995, 6A996, 6A997 or 6A998), 6B (except
6B995) or 6C (except 6C992 or 6C994).
* * * * *
8. In Supplement No. 1 to Part 774 (the Commerce Control List)
Category 6 is amended by revising the Heading and the License
Requirements section of ECCN 6E991 to read as follows:
6E991 ``Technology'' for the ``development'', ``production'' or ``use''
of equipment controlled by 6A981, 6A991, 6A996, 6A997, or 6A998.
License Requirements
Reason for Control: RS, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
RS applies to ``technology'' for equipment RS Column 1.
controlled by 6A998.b.
RS applies to ``technology'' for equipment RS Column 2.
controlled by 6A981..
AT applies to entire entry except AT Column 1.
``technology'' for equipment controlled
by 6A991.
AT applies to ``technology'' for equipment AT Column 2.
controlled by 6A991.
------------------------------------------------------------------------
* * * * *
Dated: June 25, 2010.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2010-15928 Filed 6-29-10; 8:45 am]
BILLING CODE 3510-33-P
