Export Licensing Jurisdiction for Microelectronic Circuits, 39009-39010 [E7-13364]
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Federal Register / Vol. 72, No. 136 / Tuesday, July 17, 2007 / Rules and Regulations
deferred or suspended. See § 764.3(a)(1)(iii)
of the EAR. In determining whether
suspension or deferral is appropriate, BIS
may consider, for example, whether the party
has demonstrated a limited ability to pay a
penalty that would be appropriate for such
violations, so that suspended or deferred
payment can be expected to have sufficient
deterrent value, and whether, in light of all
the circumstances, such suspension or
deferral is necessary to make the impact of
the penalty consistent with the impact of BIS
penalties on other parties who committed
similar violations.
(2) Denial of Export Privileges and
Exclusion from Practice. In deciding whether
a denial or exclusion order should be
suspended, BIS may consider, for example,
the adverse economic consequences of the
order on the party, its employees, and other
persons, as well as on the national interest
in maintaining or promoting the
competitiveness of U.S. businesses. An
otherwise appropriate denial or exclusion
order will be suspended on the basis of
adverse economic consequences only if it is
found that future violations of the antiboycott
provisions are unlikely and if there are
adequate measures (usually a substantial
civil monetary penalty) to achieve the
necessary deterrent effect.
Dated: July 9, 2007.
Christopher A. Padilla,
Assistant Secretary for Export
Administration.
[FR Doc. E7–13717 Filed 7–16–07; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 070426097–7099–01]
RIN 0694–AE02
Export Licensing Jurisdiction for
Microelectronic Circuits
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
rfrederick on PROD1PC67 with RULES
AGENCY:
SUMMARY: This rule provides clarifying
guidance for distinguishing the export
and reexport licensing jurisdiction of
the U.S. Department of State from that
of the U.S. Department of Commerce
concerning microelectronic circuits. In
this same issue of the Federal Register,
the U.S. Department of State is
amending the International Traffic in
Arms Regulations (ITAR) with respect to
radiation-hardened microelectronic
circuits in Category XV(d) of the United
States Munitions List (USML). The
Bureau of Industry and Security (BIS) is
publishing this rule to assist readers of
the Export Administration Regulations
(EAR) in evaluating agency licensing
VerDate Aug<31>2005
15:06 Jul 16, 2007
Jkt 211001
jurisdiction over microelectronic
circuits while taking into account the
new standard in Category XV(d) of the
USML.
DATES: Effective Date: This rule is
effective July 17, 2007.
ADDRESSES: Although this is a final rule,
comments are welcome and should be
sent to publiccomments@bis.doc.gov,
fax (202) 482–3355, or to Regulatory
Policy Division, Bureau of Industry and
Security, Room H2705, U.S. Department
of Commerce, Washington, DC 20230.
Please refer to regulatory identification
number (RIN) 0694–AE02 in all
comments, and in the subject line of
e-mail comments. Comments on the
collection of information should also be
sent 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.
FOR FURTHER INFORMATION CONTACT:
Brian Baker, Deemed Exports and
Electronics Division, Office of National
Security and Technology Transfer
Controls, by telephone at 202–482–5534
or by e-mail at bbaker@bis.doc.gov.
SUPPLEMENTARY INFORMATION: Entries for
certain Export Control Classification
Numbers (ECCNs) contain ‘‘Related
Controls’’ paragraphs that alert readers
to the possible application of export
controls administered by other U.S.
government agencies or that of export
controls set forth in other similar
ECCNs. The ‘‘Related Controls’’
paragraph of ECCN 3A001 currently
provides guidance on the licensing
jurisdiction of the Directorate of Defense
Trade Controls of the U.S. Department
of State with respect to certain ‘‘space
qualified’’ and certain radiationhardened commodities.
Concurrent with this final rule, the
U.S. Department of State is publishing
a final rule amending the ITAR with
respect to State’s jurisdiction over
radiation-hardened microelectronic
circuits in Category XV(d) of the USML
(22 CFR part 121). Within Category
XV(d) of the USML, the U.S.
Department of State is changing the
measurement for the single event upset
rate parameter. As a result, radiationhardened microelectronic circuits that
meet or exceed the four unchanged
parameters in Category XV(d) and
whose single event upset rate parameter
lies between the old and new standard
will be moved to the Commerce Control
List (CCL) under ECCN 3A001.a.1.
To reflect the new licensing
jurisdiction standard in the USML, this
rule adds language to the ‘‘Related
Controls’’ paragraph of ECCN 3A001 to
assist readers in correctly determining
whether certain microelectronic circuits
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
39009
are covered by the CCL and subject to
the licensing jurisdiction of the Bureau
of Industry and Security of the U.S.
Department of Commerce, or are on the
USML and subject to the licensing
jurisdiction of the Directorate of Defense
Trade Controls of the U.S. Department
of State.
Specifically, the language added to
ECCN 3A001 states that the following
are subject to the licensing jurisdiction
of the Department of State, Directorate
of Defense Trade Controls: Radiationhardened microelectronic circuits
controlled by Category XV(d) of the
United States Munitions List (USML)
and all specifically designed or
modified systems or subsystems,
components, parts, accessories,
attachments, and associated equipment
controlled by Category XV(e) of the
USML.
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 3, 2006, 71 FR 44551
(August 7, 2006), 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 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
involves 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.
Miscellaneous and recordkeeping
activities account for 12 minutes per
submission. BIS expects that this rule
will not change that burden hour
estimate.
3. This rule does not contain policies
with Federalism implications as that
term is defined under E.O. 13132.
4. BIS finds that there is good cause
under 5 U.S.C. 553 (b)(B) to waive the
provisions of the Administrative
Procedure Act requiring prior notice
and the opportunity for public comment
E:\FR\FM\17JYR1.SGM
17JYR1
39010
Federal Register / Vol. 72, No. 136 / Tuesday, July 17, 2007 / Rules and Regulations
because it is unnecessary. The revisions
made by this rule are clarifying in
nature and do not affect the rights and
obligations of the public because they
merely provide a cross reference to
related regulations of another
administrative agency. Because these
revisions are not substantive changes to
the EAR, it is unnecessary to provide
notice and opportunity for public
comment. In addition, the 30-day delay
in effectiveness required by 5 U.S.C.
553(d) is not applicable because this
rule is not a substantive rule. No other
law requires that a notice of proposed
rulemaking and an opportunity for
public comment be given for this rule.
Because notice of proposed rulemaking
and 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.
Related Controls: * * * (3) The following
commodities are under the export licensing
authority of the Department of State,
Directorate of Defense Trade Controls (22
CFR part 121): (a) Radiation-hardened
microelectronic circuits controlled by
Category XV (d) of the United States
Munitions List (USML); and (b) All
specifically designed or modified systems or
subsystems, components, parts, accessories,
attachments, and associated equipment
controlled by Category XV (e) of the USML.
* * *
List of Subjects in 15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
I Accordingly, part 774 of the Export
Administration Regulations (15 CFR
parts 730–774) is amended as follows:
Amendment to the International Traffic
in Arms Regulations: United States
Munitions List
PART 774—[AMENDED]
1. The authority citation for 15 CFR
part 774 continues to read as follows:
I
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).
2. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, ECCN 3A001 is
amended by adding a note (3) to the
‘‘Related Controls’’ paragraph in the
‘‘List of Items Controlled’’ section before
the phrase ‘‘See also 3A101, 3A201, and
3A991’’ to read as follows:
I
Supplement No. 1 to Part 774—The
Commerce Control List
*
*
*
*
*
Category 3—Electronics
rfrederick on PROD1PC67 with RULES
*
*
*
*
*
3A001 Electronic components, as follows
(see List of Items Controlled).
*
*
*
*
*
List of Items Controlled
Unit: * * *
VerDate Aug<31>2005
16:40 Jul 16, 2007
Jkt 211001
*
*
*
*
*
Dated: July 5, 2007.
Christopher A. Padilla,
Assistant Secretary for Export
Administration.
[FR Doc. E7–13364 Filed 7–16–07; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF STATE
22 CFR Part 121
[Public Notice 5867]
Department of State.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Department of State, in
consultation with the Departments of
Defense and Commerce, is amending the
text of the United States Munitions List
(USML), Category XV—Spacecraft
Systems and Associated Equipment to
clarify the coverage and to alter one of
the five performance characteristics that
define radiation-hardened
microelectronic circuits that are subject
to the licensing jurisdiction of the
International Traffic in Arms
Regulations (ITAR).
DATES: Effective Date: This rule is
effective July 17, 2007.
ADDRESSES: Interested parties are
invited to submit comments at any time
by the following methods:
• Mail: Department of State,
Directorate of Defense Trade Controls,
Office of Defense Trade Controls Policy,
ATTN: Regulatory Change, USML Part
121, Category XV, 12th Floor, SA–1,
Washington DC 20522–0112.
• E-mail:
DTCPResponseTeam@state.gov with the
subject line: USML Review—Category
XV.
Persons with access to the Internet
may also view this notice by going to
the regulations.gov Web site at: https://
www.regulations.gov/index.cfm.
Comments will be accepted at any time.
FOR FURTHER INFORMATION CONTACT: Mr.
Stephen Tomchik, Office of Defense
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
Trade Controls Policy, Department of
State, Telephone (202) 663–2799 or Fax
(202) 261–8199. ATTN: Regulatory
Change, USML Part 121, Category XV.
SUPPLEMENTARY INFORMATION: The
specific results of the Department of
State-led interagency review are as
follows:
1. Category XV. One substantive
change is made to the characteristics
defining radiation hardened
microelectronic circuits in paragraph
(d). The exponential measure describing
the single event upset rate described in
(d)(4) is changed from 1×10¥7 to
1×10¥10. This change reflects the
minimal performance standard for space
applications, and addresses the outcome
of evolving refinements in the
manufacturing process for these circuits.
2. Several additional textual
clarifications are made to the five
characteristics. The word ‘‘threshold’’ is
inserted in (d)(2) and (d)(4) for purposes
of technical clarity. In (d)(3) the
insertion of the expression ‘‘1 MeV
Equivalent’’ describes the energetic
activity of neutrons. Finally, in (d)(4) an
expression is added to clarify the
representative environment for
performance in space.
3. It is stressed that any
microelectronic circuit that is
specifically designed, developed,
configured, adapted, or modified for a
military or space application, to include
its incorporation into any defense article
described on the United States
Munitions List (USML) remains subject
to the licensing requirements of the
International Traffic in Arms
Regulations (ITAR).
4. Manufacturers and exporters are
responsible for compliance with the
controls of this subchapter.
Consequently, the Department of State
advises that companies must be able to
demonstrate, either through testing,
statistical analyses, design analyses, or
other means, whether semiconductors
meet or fail to meet the parameters
established in USML Category XV(d).
Records of such testing, analyses, or
other means must be retained and made
available as appropriate to demonstrate
compliance.
Regulatory Analysis and Notices
Administrative Procedure Act
This amendment involves a foreign
affairs function of the United States and,
therefore, is not subject to the
procedures required by 5 U.S.C. 553 and
554.
Regulatory Flexibility Act
This rule does not require analysis
under the Regulatory Flexibility Act.
E:\FR\FM\17JYR1.SGM
17JYR1
]]>Agencies
[Federal Register Volume 72, Number 136 (Tuesday, July 17, 2007)]
[Rules and Regulations]
[Pages 39009-39010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13364]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 070426097-7099-01]
RIN 0694-AE02
Export Licensing Jurisdiction for Microelectronic Circuits
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule provides clarifying guidance for distinguishing the
export and reexport licensing jurisdiction of the U.S. Department of
State from that of the U.S. Department of Commerce concerning
microelectronic circuits. In this same issue of the Federal Register,
the U.S. Department of State is amending the International Traffic in
Arms Regulations (ITAR) with respect to radiation-hardened
microelectronic circuits in Category XV(d) of the United States
Munitions List (USML). The Bureau of Industry and Security (BIS) is
publishing this rule to assist readers of the Export Administration
Regulations (EAR) in evaluating agency licensing jurisdiction over
microelectronic circuits while taking into account the new standard in
Category XV(d) of the USML.
DATES: Effective Date: This rule is effective July 17, 2007.
ADDRESSES: Although this is a final rule, comments are welcome and
should be sent to publiccomments@bis.doc.gov, fax (202) 482-3355, or to
Regulatory Policy Division, Bureau of Industry and Security, Room
H2705, U.S. Department of Commerce, Washington, DC 20230. Please refer
to regulatory identification number (RIN) 0694-AE02 in all comments,
and in the subject line of e-mail comments. Comments on the collection
of information should also be sent 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.
FOR FURTHER INFORMATION CONTACT: Brian Baker, Deemed Exports and
Electronics Division, Office of National Security and Technology
Transfer Controls, by telephone at 202-482-5534 or by e-mail at
bbaker@bis.doc.gov.
SUPPLEMENTARY INFORMATION: Entries for certain Export Control
Classification Numbers (ECCNs) contain ``Related Controls'' paragraphs
that alert readers to the possible application of export controls
administered by other U.S. government agencies or that of export
controls set forth in other similar ECCNs. The ``Related Controls''
paragraph of ECCN 3A001 currently provides guidance on the licensing
jurisdiction of the Directorate of Defense Trade Controls of the U.S.
Department of State with respect to certain ``space qualified'' and
certain radiation-hardened commodities.
Concurrent with this final rule, the U.S. Department of State is
publishing a final rule amending the ITAR with respect to State's
jurisdiction over radiation-hardened microelectronic circuits in
Category XV(d) of the USML (22 CFR part 121). Within Category XV(d) of
the USML, the U.S. Department of State is changing the measurement for
the single event upset rate parameter. As a result, radiation-hardened
microelectronic circuits that meet or exceed the four unchanged
parameters in Category XV(d) and whose single event upset rate
parameter lies between the old and new standard will be moved to the
Commerce Control List (CCL) under ECCN 3A001.a.1.
To reflect the new licensing jurisdiction standard in the USML,
this rule adds language to the ``Related Controls'' paragraph of ECCN
3A001 to assist readers in correctly determining whether certain
microelectronic circuits are covered by the CCL and subject to the
licensing jurisdiction of the Bureau of Industry and Security of the
U.S. Department of Commerce, or are on the USML and subject to the
licensing jurisdiction of the Directorate of Defense Trade Controls of
the U.S. Department of State.
Specifically, the language added to ECCN 3A001 states that the
following are subject to the licensing jurisdiction of the Department
of State, Directorate of Defense Trade Controls: Radiation-hardened
microelectronic circuits controlled by Category XV(d) of the United
States Munitions List (USML) and all specifically designed or modified
systems or subsystems, components, parts, accessories, attachments, and
associated equipment controlled by Category XV(e) of the USML.
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 3, 2006,
71 FR 44551 (August 7, 2006), 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 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
involves 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.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. BIS expects that this rule will not change that burden hour
estimate.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
4. BIS finds that there is good cause under 5 U.S.C. 553 (b)(B) to
waive the provisions of the Administrative Procedure Act requiring
prior notice and the opportunity for public comment
[[Page 39010]]
because it is unnecessary. The revisions made by this rule are
clarifying in nature and do not affect the rights and obligations of
the public because they merely provide a cross reference to related
regulations of another administrative agency. Because these revisions
are not substantive changes to the EAR, it is unnecessary to provide
notice and opportunity for public comment. In addition, the 30-day
delay in effectiveness required by 5 U.S.C. 553(d) is not applicable
because this rule is not a substantive rule. No other law requires that
a notice of proposed rulemaking and an opportunity for public comment
be given for this rule. Because notice of proposed rulemaking and
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 in 15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
0
Accordingly, part 774 of the Export Administration Regulations (15 CFR
parts 730-774) is amended as follows:
PART 774--[AMENDED]
0
1. 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
2. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, ECCN 3A001 is amended by adding a note (3) to
the ``Related Controls'' paragraph in the ``List of Items Controlled''
section before the phrase ``See also 3A101, 3A201, and 3A991'' to read
as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
Category 3--Electronics
* * * * *
3A001 Electronic components, as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * * (3) The following commodities are under
the export licensing authority of the Department of State,
Directorate of Defense Trade Controls (22 CFR part 121): (a)
Radiation-hardened microelectronic circuits controlled by Category
XV (d) of the United States Munitions List (USML); and (b) All
specifically designed or modified systems or subsystems, components,
parts, accessories, attachments, and associated equipment controlled
by Category XV (e) of the USML. * * *
* * * * *
Dated: July 5, 2007.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
[FR Doc. E7-13364 Filed 7-16-07; 8:45 am]
BILLING CODE 3510-33-P
