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]

Download as PDF cprice-sewell on DSKHWCL6B1PROD with PROPOSALS-1 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: http://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: VerDate Mar<15>2010 15:03 Jun 29, 2010 Jkt 220001 [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 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\30JNP1.SGM 30JNP1 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. VerDate Mar<15>2010 17:01 Jun 29, 2010 Jkt 220001 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 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 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, E:\FR\FM\30JNP1.SGM 30JNP1 37744 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 VerDate Mar<15>2010 17:01 Jun 29, 2010 Jkt 220001 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), PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 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 30JNP1

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]


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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