Amendment to the International Traffic in Arms Regulations: United States Munitions List, 39010-39011 [E7-13826]

Download as PDF 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: http:// 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 Federal Register / Vol. 72, No. 136 / Tuesday, July 17, 2007 / Rules and Regulations Unfunded Mandates Act of 1995 This rule does not require analysis under the Unfunded Mandates Reform Act. Small Business Regulatory Enforcement Fairness Act of 1996 This amendment has been found not to be a major rule within the meaning of the Small Business Regulatory Enforcement Fairness Act of 1996. It will not have substantial direct effects on the States, the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Executive Orders 12372 and 13132 It is determined that this rule does not have sufficient federalism implications to warrant application of the consultation provisions of Executive Orders 12372 and 13132. Executive Order 12866 This amendment is exempt from review under Executive Order 12866, but has been reviewed internally by the Department of State to ensure consistency with the purposes thereof. exceed all five of the following characteristics: (1) A total dose of 5×105 Rads (Si); (2) A dose rate upset threshold of 5×108 Rads (Si)/sec; (3) A neutron dose of 1×1014 n/cm2 (1 MeV equivalent); (4) A single event upset rate of 1×10¥10 errors/bit-day or less, for the CREME96 geosynchronous orbit, Solar Minimum Environment; (5) Single event latch-up free and having a dose rate latch-up threshold of 5×108 Rads (Si). * * * * * Dated: July 11, 2007. Frank J. Ruggiero, Acting Deputy Assistant Secretary, Political Military Affairs, Department of State. [FR Doc. E7–13826 Filed 7–16–07; 8:45 am] BILLING CODE 4710–25–P POSTAL SERVICE ACTION: Accordingly, for the reasons set forth above, Title 22, Chapter I, Subchapter M, part 121 is amended as follows: 1. The authority citation for part 121 continues to read as follows: I Authority: Sec. 2, 38, and 71, Pub. L. 90– 629, 90 Stat. 744 (22 U.S.C. 2752, 2278, 2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 2658; Pub. L. 105– 261, 112 Stat. 1920. 2. In § 121.1, paragraph (c), Category XV—Spacecraft Systems and Associated Equipment is amended by revising paragraph (d) to read as follows: I § 121.1 General. The United States Munition List. rfrederick on PROD1PC67 with RULES * * * * * Category XV—Spacecraft Systems and Associated Equipment * * * * * (d) Radiation-hardened microelectronic circuits that meet or VerDate Aug<31>2005 15:06 Jul 16, 2007 Jkt 211001 39 CFR Part 233 Administrative practice and procedure, Banks, banking, Credit, Crime, Infants and children, Law enforcement, Penalties. 39 CFR part 273 False claims and statements, Law enforcement, Penalties, Program fraud. In view of the considerations discussed above, the Postal Service adopts the following amendments to parts 230, 233, and 273 of title 39 of the Code of Federal Regulations. I 2. Section 230.1 is amended by revising paragraph (d) to read as follows: Final rule. The Postal Service is revising portions of title 39, Code of Federal Regulations, to clarify the division of investigatory responsibilities between the Office of the Inspector General of the Postal Service and the Postal Inspection Service. SUMMARY: DATES: Effective July 17, 2007. Gladis C. Griffith, Deputy General Counsel, Office of the Inspector General, United States Postal Service, 703–248– 4683. To promote efficient use of resources, and prevent unnecessary duplication of effort, the Postal Service has determined it is appropriate to clarify the division of investigative authority between the Office of the Inspector General and the Postal Inspection Service. Most notably, it has been determined that the Office of the Inspector General should investigate allegations of violations of postal laws or misconduct by postal employees, including mail theft, and the Inspection Service should investigate allegations of violations or postal laws or misconduct by all other persons. This delineation of responsibilities reflects agreement between the Postmaster General and the Chairman of the Board of Governors. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 Authority: 5 U.S.C. App. 3; 39 U.S.C. 401(2) and 1001. I Postal Service. FOR FURTHER INFORMATION CONTACT: PART 121—UNITED STATES MUNITIONS LIST Authority delegations (Government agencies), Freedom of information, Organization and functions (Government agencies), Privacy 1. The authority citation for part 230 continues to read as follows: Authority of Office of Inspector General and Postal Inspection Service This rule does not impose any new reporting or recordkeeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. I 39 CFR Part 230 I 39 CFR Parts 230, 233, 273 AGENCY: Arms and munitions, Exports. List of Subjects PART 230—OFFICE OF INSPECTOR GENERAL Paperwork Reduction Act List of Subjects in 22 CFR Part 121 39011 § 230.1 Establishment and authority. * * * * * (d) The Office of Inspector General is responsible for detecting and preventing fraud, waste, and abuse in the programs and operations of the Postal Service, including, investigating all allegations of violations of postal laws or misconduct by postal employees, including mail theft, and for reviewing existing and proposed legislation and regulations relating to the programs and operations of the Postal Service. * * * * * PART 233—INSPECTION SERVICE AUTHORITY 3. The authority citation for part 233 continues to read as follows: I Authority: 39 U.S.C. 101, 102, 202, 204, 401, 402, 403, 404, 406, 410, 411, 1003, 3005(e)(1); 12 U.S.C. 3401–3422; 18 U.S.C. 981, 1956, 1957, 2254, 3061; 21 U.S.C. 881; Omnibus Reconciliation Act of 1996, sec. 662 (Pub. L. 104–208). 4. Section 233.1 is amended by revising paragraphs (b) introductory text and (b)(1) to read as follows: I § 233.1 Arrest and investigative powers of Postal Inspectors. * E:\FR\FM\17JYR1.SGM * * 17JYR1 * *

Agencies

[Federal Register Volume 72, Number 136 (Tuesday, July 17, 2007)]
[Rules and Regulations]
[Pages 39010-39011]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13826]


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DEPARTMENT OF STATE

22 CFR Part 121

[Public Notice 5867]


Amendment to the International Traffic in Arms Regulations: 
United States Munitions List

AGENCY: Department of State.

ACTION: Final rule.

-----------------------------------------------------------------------

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: http://www.regulations.gov/
index.cfm. Comments will be accepted at any time.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Tomchik, Office of Defense 
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 1x10-7 to 
1x10-10. 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.

[[Page 39011]]

Unfunded Mandates Act of 1995

    This rule does not require analysis under the Unfunded Mandates 
Reform Act.

Small Business Regulatory Enforcement Fairness Act of 1996

    This amendment has been found not to be a major rule within the 
meaning of the Small Business Regulatory Enforcement Fairness Act of 
1996. It will not have substantial direct effects on the States, the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.

Executive Orders 12372 and 13132

    It is determined that this rule does not have sufficient federalism 
implications to warrant application of the consultation provisions of 
Executive Orders 12372 and 13132.

Executive Order 12866

    This amendment is exempt from review under Executive Order 12866, 
but has been reviewed internally by the Department of State to ensure 
consistency with the purposes thereof.

Paperwork Reduction Act

    This rule does not impose any new reporting or recordkeeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects in 22 CFR Part 121

    Arms and munitions, Exports.


0
Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, part 121 is amended as follows:

PART 121--UNITED STATES MUNITIONS LIST

0
1. The authority citation for part 121 continues to read as follows:

    Authority: Sec. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2278, 2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp. 
p. 79; 22 U.S.C. 2658; Pub. L. 105-261, 112 Stat. 1920.


0
2. In Sec.  121.1, paragraph (c), Category XV--Spacecraft Systems and 
Associated Equipment is amended by revising paragraph (d) to read as 
follows:


Sec.  121.1  General. The United States Munition List.

* * * * *
Category XV--Spacecraft Systems and Associated Equipment
* * * * *
    (d) Radiation-hardened microelectronic circuits that meet or exceed 
all five of the following characteristics:
    (1) A total dose of 5x10\5\ Rads (Si);
    (2) A dose rate upset threshold of 5x10\8\ Rads (Si)/sec;
    (3) A neutron dose of 1x10\14\ n/cm\2\ (1 MeV equivalent);
    (4) A single event upset rate of 1x10-10 errors/bit-day 
or less, for the CREME96 geosynchronous orbit, Solar Minimum 
Environment;
    (5) Single event latch-up free and having a dose rate latch-up 
threshold of 5x10\8\ Rads (Si).
* * * * *

    Dated: July 11, 2007.
Frank J. Ruggiero,
Acting Deputy Assistant Secretary, Political Military Affairs, 
Department of State.
 [FR Doc. E7-13826 Filed 7-16-07; 8:45 am]
BILLING CODE 4710-25-P