Export and Reexport License Requirements for Certain Microwave and Millimeter Wave Electronic Components, 1017-1019 [2012-135]
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Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations
El Paso, TX, El Paso Intl, RNAV (GPS)
Y RWY 26L, Amdt 1
El Paso, TX, El Paso Intl, VOR RWY
26L, Amdt 32
Houston, TX, Sugar Land Rgnl, ILS OR
LOC RWY 35, Amdt 4
Houston, TX, Sugar Land Rgnl, RNAV
(GPS) RWY 35, Amdt 2
Houston, TX, Sugar Land Rgnl, VOR/
DME–A, Amdt 2
Marshall, TX, Harrison County, GPS
RWY 33, Orig-F, CANCELLED
Marshall, TX, Harrison County, RNAV
(GPS) RWY 15, Orig
Marshall, TX, Harrison County, RNAV
(GPS) RWY 33, Orig
Marshall, TX, Harrison County, Takeoff
Minimums and Obstacle DP, Orig
Monahans, TX, Roy Hurd Memorial,
GPS RWY 12, Orig-B, CANCELLED
Monahans, TX, Roy Hurd Memorial,
GPS RWY 30, Orig-B, CANCELLED
Monahans, TX, Roy Hurd Memorial,
RNAV (GPS) RWY 12, Orig
Monahans, TX, Roy Hurd Memorial,
RNAV (GPS) RWY 30, Orig
Vernal, UT, Vernal Rgnl, RNAV (GPS)
RWY 34, Amdt 1
Hoquiam, WA, Bowerman, ILS OR LOC/
DME RWY 24, Amdt 4
Hoquiam, WA, Bowerman, RNAV (GPS)
RWY 24, Amdt 2
Port Angeles, WA, Port Angeles CGAS,
COPTER NDB 242, Amdt 1
Port Angeles, WA, Port Angeles CGAS,
COPTER RNAV (GPS) RWY 26, Orig
Port Angeles, WA, Port Angeles CGAS,
Takeoff Minimums and Obstacle DP,
Amdt 4
Madison, WI, Dane County Rgnl—Truax
Field, ILS OR LOC/DME RWY 18,
Amdt 1A
Madison, WI, Dane County Rgnl—Truax
Field, ILS OR LOC/DME RWY 36,
Amdt 1A
[FR Doc. 2012–25 Filed 1–6–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740, 742 and 774
[Docket No. 110825537–1539–02]
RIN 0694–AF38
tkelley on DSK3SPTVN1PROD with RULES
Export and Reexport License
Requirements for Certain Microwave
and Millimeter Wave Electronic
Components
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
This rule imposes a license
requirement on exports and reexports to
SUMMARY:
VerDate Mar<15>2010
16:19 Jan 06, 2012
Jkt 226001
all destinations other than Canada of
two types of microwave and millimeter
wave electronic components. The two
components are packaged high electron
mobility transistors and packaged
microwave ‘‘monolithic integrated
circuits’’ power amplifiers that meet
certain criteria with respect to frequency
range, size and output power. BIS takes
this step to control exports and
reexports of these components, which
have uses in military radar systems as
well as in civilian radar and
telecommunications systems. The U.S.
Government also plans to propose
adding these components to the Dual
List of the Wassenaar Arrangement on
Export Controls for Conventional Arms
and Dual-Use Goods and Technologies
(Wassenaar Arrangement Dual Use List)
in 2012.
DATES: Effective date: January 9, 2012.
FOR FURTHER INFORMATION CONTACT:
Brian Baker, Director, Electronics and
Materials Division, Office of National
Security and Technology Transfer
Controls, (202) 482–5534,
brian.baker@bis.doc.gov.
SUPPLEMENTARY INFORMATION: This rule
imposes a license requirement on
exports and reexports to all destinations
other than Canada of two types of
microwave and millimeter wave
electronic components. The two
components are packaged high electron
mobility transistors (HEMT) and
packaged microwave ‘‘monolithic
integrated circuits’’ (MMIC) power
amplifiers. The U.S. Government plans
to propose adding these components to
the Wassenaar Arrangement Dual-Use
List in 2012.
This rule imposes this license
requirement by creating a new Export
Control Classification Number (ECCN)
3A982 containing two ‘‘items’’
paragraphs. Paragraph 3A982.a covers
packaged HEMTs with physical
dimensions less than 43 mm per side,
rated for operation at frequencies from
2.7 GHz up to and including 3.2 GHz
and having either an average output
power equal to or greater than 48 W
(46.8 dBm); or a pulsed output power
equal to or greater than 240 W (53.8
dBm) and a duty cycle of 20 percent or
more.
Paragraph 3A982.b covers packaged
MMIC power amplifiers with physical
dimensions less than 43mm per side,
rated for operation at frequencies from
2.7 GHz up to and including 3.2 GHz
and having either an average output
power equal to or greater than 15W
(41.7 dBm); or a pulsed output power
equal to or greater than 75 W (48.75
dBm) and a duty cycle of 20 percent or
more.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
1017
This rule also creates new ECCNs
3D982 and 3E982 to control the software
and technology, respectively, associated
with the new controls set forth in new
ECCN 3A982.
This rule also revises License
Exception STA (§ 740.20 of the EAR) to
preclude use of License Exception STA
for any export, reexport or transfer of
items in ECCN 3A982.b.
The U.S. Government plans to submit
a proposal for control of the
commodities covered by ECCN 3A982
in 2012. BIS publishes this rule to
protect against the diversion of these
items to users or for uses that would
threaten the security of the United
States or that of its allies.
The application of regional stability
and antiterrorism controls to the items
covered by this rule imposes a foreign
policy control. Section 6(f) of the Export
Administration Act requires that a
report be delivered to Congress before
imposing such controls. The report was
delivered to Congress on December 29,
2011.
The Export Administration Act of
1979, as amended, expired on August
21, 2001. Since this lapse, the President
has continued the EAR in effect through
Executive Order 13222 of August 17,
2001 (3 CFR, 2001 Comp. 783 (2002)),
under the authority of the International
Emergency Economic Powers Act, with
the most recent extension being
implemented by the Notice of August
12, 2011 (76 FR 50661 (August 16,
2011)). BIS continues to carry out the
provisions of the Act, as appropriate
and to the extent permitted by law,
pursuant to Executive Order 13222.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has been
designated a ‘‘significant regulatory
action,’’ although not economically
significant, under section 3(f) of
Executive Order 12866. Accordingly,
the rule has been reviewed by the Office
of Management and Budget (OMB).
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor is subject to a penalty
for failure to comply with, a collection
of information, subject to the
E:\FR\FM\09JAR1.SGM
09JAR1
tkelley on DSK3SPTVN1PROD with RULES
1018
Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations
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
OMB Control Number. This rule affects
an existing approved collection 0694–
0088, Simple Network Application
Process and Multipurpose Application
Form for which the estimated burden is
58 minutes per submission. BIS does
not believe that this rule will materially
increase the number of submissions
under this collection.
3. This rule does not contain policies
with Federalism implications as that
term is defined under E.O. 13132.
4. The provisions of the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, the opportunity for public
comment and a delay in effective date
are inapplicable because this regulation
involves a military or foreign affairs
function of the United States (See 5
U.S.C. 553(a)(1)). BIS is implementing
this rule to protect U.S. national
security or foreign policy interests by
imposing an export and reexport license
requirement on two items that are used
in military radar systems. The U.S.
Government plans to propose that these
two items be added to the Wassenaar
Arrangement Dual-Use List. Immediate
imposition of a license requirement is
necessary to effect the national security
and foreign policy goals of this rule.
Immediate implementation will allow
BIS to prevent exports of these items to
users and for uses that pose a security
threat to the United States or its allies.
If BIS published a proposed rule
soliciting notice and comment, the
resulting delay in implementation
would afford an opportunity to export
these items to users and uses that pose
such a security threat, thereby
undermining the purpose of the rule.
Furthermore, by demonstrating its own
willingness to impose a license
requirement on its exports of these
items, this rule will provide support for
the planned United States proposal that
the Wassenaar Arrangement should add
these items to its Dual-Use List.
Inclusion of these items on the
Wassenaar Arrangement Dual-Use and
the resulting implementation of export
license requirements by other
Wassenaar Arrangement will further the
goal of this rule by removing potential
sources of these items for parties who
would act in ways that threaten the
security of the United States or its allies.
Further, no other law requires that a
notice of proposed rulemaking and an
opportunity for public comment be
given for this rule. Because a notice of
proposed rulemaking and an
opportunity for public comment are not
VerDate Mar<15>2010
16:19 Jan 06, 2012
Jkt 226001
required to be given for this rule by 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.
§ 742.6
[Amended]
List of Subjects
4. Section 742.6(a)(1) is amended by
adding the phrase ‘‘3A982; 3D982;
3E982; ’’ immediately following the
phrase ‘‘for items described on the CCL
under ECCNs’’
15 CFR Part 740
PART 774—[AMENDED]
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
■
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
Accordingly, the Export
Administration Regulations (15 CFR
parts 730–774) are amended as follows:
1. The authority citation for part 740
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. 7201 et seq.;
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 12, 2011, 76
FR 50661 (August 16, 2011).
2. Section 740.20 is amended by
adding paragraph (b)(2)(viii) to read as
follows:
■
§ 740.20 License Exception Strategic
Trade Authorization (STA).
*
*
*
*
*
(b) * * *
(2) * * *
(viii) License Exception STA may not
be used to export, reexport or transfer
any packaged microwave ‘‘monolithic
integrated circuits’’ (MMIC) power
amplifiers classified under ECCN
3A982.b.
*
*
*
*
*
PART 742—[AMENDED]
3. 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 12, 2011, 76 FR
50661 (August 16, 2011); Notice of November
9, 2011, 76 FR 70319 (November 10, 2011).
Frm 00010
Fmt 4700
Sfmt 4700
5. 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; 15 U.S.C. 1824a; 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 12, 2011, 76
FR 50661 (August 16, 2011).
6. Supplement No. 1 to Part 774—the
Commerce Control List, Category 3,
Export Control Classification Number
3A001 is amended by adding two
sentences at the end of the ‘‘Related
Controls’’ paragraph of the ‘‘List of
Items Controlled’’ section to read as
follows:
■
PART 740—[AMENDED]
PO 00000
■
Supplement No. 1 to Part 774—The
Commerce Control List
*
*
*
*
*
3A001 Electronic components and
specially designed components therefor,
as follows (see List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: * * * (3) See ECCN
3A982.a for discrete microwave transistors
not controlled by paragraph .b.3 of this
entry. (4) Packaged microwave ‘‘monolithic
integrated circuits’’ (packaged MMIC)
power amplifiers that operate within the
frequency range specified in 3A982.b and
that have the dimensional and output
power characteristics specified for
packaged MMIC power amplifiers specified
in ECCN 3A982 are controlled by ECCN
3A982 even if such packaged MMIC power
amplifiers also operate within the
frequency range specified in ECCN
3A001.b.2.a.
*
*
*
*
*
7. Supplement No. 1 to Part 774—the
Commerce Control List, Category 3, is
amended by adding, immediately
following the entry for Export Control
Classification Number (ECCN) 3A981
and immediately preceding the entry for
ECCN 3A991, a new ECCN 3A982 entry
to read as follows:
■
3A982 Microwave or millimeter wave
components that operate at frequencies
below those controlled by 3A001 as
follows (See List of Items Controlled).
E:\FR\FM\09JAR1.SGM
09JAR1
Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations
License Requirements
Reasons for Control: RS, AT
Control(s)
RS applies to entire
entry.
AT applies to entire
entry.
License Exceptions
CIV: N/A
TSR: N/A
Country chart
List of Items Controlled
Unit: $ value
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is in the
ECCN heading.
RS Column 1
AT Column 1
License Exceptions
LVS: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Unit: $ value
Related Controls: (1) See ECCN 3A001.b.2 for
certain microwave ‘‘monolithic integrated
circuits’’ (MMIC) power amplifiers other
than those controlled by this entry. (2) See
ECCN 3A001.b.3 for discrete microwave
transistors other than those controlled by
this entry. (3) See ECCN 3A001.h for high
electron mobility transistors that are solid
state semiconductor switches, diodes or
modules rather than discrete microwave
transistors.
Related Definitions: N/A
Items:
a. Packaged high electron mobility
transistors (HEMTs) with physical
dimensions less than 43 mm per side, rated
for operation at frequencies from 2.7 GHz up
to and including 3.2 GHz and having any of
the following:
a.1. An average output power equal to or
greater than 48 W (46.8 dBm); or
a.2. A pulsed output power equal to or
greater than 240 W (53.8 dBm) and a duty
cycle of 20 percent or more.
b. Packaged microwave ‘‘monolithic
integrated circuits’’ (MMIC) power amplifiers
with physical dimensions less than 43mm
per side, rated for operation at frequencies
from 2.7 GHz up to and including 3.2 GHz
and having either of the following:
b.1. An average output power equal to or
greater than 15W (41.7 dBm); or
b.2. A pulsed output power equal to or
greater than 75 W (48.75 dBm) and a duty
cycle of 20 percent or more.
8. Supplement No. 1 to Part 774—The
Commerce Control List is amended by
adding immediately following the entry
for ECCN 3D980 and immediately
preceding the entry for ECCN 3D991 a
new entry 3D982 to read as follows:
■
3D982 ‘‘Software’’ ‘‘specially designed’’ for
the ‘‘development’’ or ‘‘production’’ of
microwave or millimeter wave
components classified under ECCN
3A982.
tkelley on DSK3SPTVN1PROD with RULES
License Requirements
Reasons for Control: RS, AT
Control(s)
RS applies to entire
entry.
AT applies to entire
entry.
VerDate Mar<15>2010
9. Supplement No. 1 to Part 774—The
Commerce Control List is amended by
adding immediately following the entry
for ECCN 3E980 and immediately
preceding the entry for ECCN 3E991 a
new entry 3E982 to read as follows:
■
Country chart
RS Column 1
AT Column 1
16:19 Jan 06, 2012
Jkt 226001
3E982 ‘‘Technology’’ ‘‘required’’ for the
‘‘development’’ or ‘‘production’’ of
microwave or millimeter wave
components classified under ECCN
3A982.
License Requirements
Reasons for Control: RS, AT
Control(s)
RS applies to entire
entry.
AT applies to entire
entry.
1019
on October 18, 2011, and involves only
that portion of the rule related to
acquiring a lease non-competitively for
offshore renewable energy projects.
Effective Date: This correction is
effective on January 9, 2012.
DATES:
FOR FURTHER INFORMATION CONTACT:
Peter Meffert, Regulatory Affairs, BOEM,
at (703) 787–1610, fax (703) 787–1555,
or email peter.meffert@boem.gov or
Timothy Redding, Renewable Energy,
BOEM, at (703) 787–1219 or email
Timothy.Redding@boem.gov.
BOEM is
correcting portions of its previously
published direct final rule that
misstated existing regulatory text having
to do with acquiring a lease noncompetitively for offshore renewable
energy projects. The corrections involve
§§ 585.231 and 585.232.
SUPPLEMENTARY INFORMATION:
List of Subjects in 30 CFR Part 585
Country chart
RS Column 1
AT Column 1
License Exceptions
CIV: N/A
TSR: N/A
List of Items Controlled
Unit: $ value
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is in the
ECCN heading.
Dated: January 3, 2012.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
Continental shelf, Environmental
protection, Incorporation by reference,
Public lands.
Dated: December 21, 2011.
Marcilynn A. Burke,
Acting Assistant Secretary—Land and
Minerals Management.
Accordingly, the Bureau of Ocean
Energy Management is making the
correcting amendments to 30 CFR part
585 as follows:
PART 585—RENEWABLE ENERGY
AND ALTERNATE USES OF EXISTING
FACILITIES ON THE OUTER
CONTINENTAL SHELF
1. The authority citation for part 585
continues to read as follows:
■
[FR Doc. 2012–135 Filed 1–6–12; 8:45 am]
BILLING CODE 3510–33–P
Authority: 43 U.S.C. 1331 et seq., 43
U.S.C. 1337.
2. Amend § 585.231 by revising
paragraph (d)(1) to read as follows:
■
DEPARTMENT OF THE INTERIOR
Bureau of Ocean Energy Management
30 CFR Part 585
§ 585.231 How will BOEM process my
unsolicited request to acquire a lease noncompetitively?
*
[Docket ID: BOEM–2010–0045]
RIN 1010–AD79
Renewable Energy Alternate Uses of
Existing Facilities on the Outer
Continental Shelf—Acquire a Lease
Non-competitively; Correction
Bureau of Ocean Energy
Management, (BOEM), Interior.
ACTION: Correcting amendments.
AGENCY:
This document corrects
amendments contained in a direct final
rule published in the Federal Register
SUMMARY:
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
*
*
*
*
(d) * * *
(1) A notice that BOEM has made a
determination that there is no
competitive interest will be published
in the Federal Register; and
*
*
*
*
*
3. Amend § 585.232 by revising
paragraph (c) to read as follows:
■
§ 585.232 May I acquire a lease
noncompetitively after responding to a
Request for Interest or Call for Information
and Nominations?
*
E:\FR\FM\09JAR1.SGM
*
*
09JAR1
*
*
]]>Agencies
[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Rules and Regulations]
[Pages 1017-1019]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-135]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740, 742 and 774
[Docket No. 110825537-1539-02]
RIN 0694-AF38
Export and Reexport License Requirements for Certain Microwave
and Millimeter Wave Electronic Components
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule imposes a license requirement on exports and
reexports to all destinations other than Canada of two types of
microwave and millimeter wave electronic components. The two components
are packaged high electron mobility transistors and packaged microwave
``monolithic integrated circuits'' power amplifiers that meet certain
criteria with respect to frequency range, size and output power. BIS
takes this step to control exports and reexports of these components,
which have uses in military radar systems as well as in civilian radar
and telecommunications systems. The U.S. Government also plans to
propose adding these components to the Dual List of the Wassenaar
Arrangement on Export Controls for Conventional Arms and Dual-Use Goods
and Technologies (Wassenaar Arrangement Dual Use List) in 2012.
DATES: Effective date: January 9, 2012.
FOR FURTHER INFORMATION CONTACT: Brian Baker, Director, Electronics and
Materials Division, Office of National Security and Technology Transfer
Controls, (202) 482-5534, brian.baker@bis.doc.gov.
SUPPLEMENTARY INFORMATION: This rule imposes a license requirement on
exports and reexports to all destinations other than Canada of two
types of microwave and millimeter wave electronic components. The two
components are packaged high electron mobility transistors (HEMT) and
packaged microwave ``monolithic integrated circuits'' (MMIC) power
amplifiers. The U.S. Government plans to propose adding these
components to the Wassenaar Arrangement Dual-Use List in 2012.
This rule imposes this license requirement by creating a new Export
Control Classification Number (ECCN) 3A982 containing two ``items''
paragraphs. Paragraph 3A982.a covers packaged HEMTs with physical
dimensions less than 43 mm per side, rated for operation at frequencies
from 2.7 GHz up to and including 3.2 GHz and having either an average
output power equal to or greater than 48 W (46.8 dBm); or a pulsed
output power equal to or greater than 240 W (53.8 dBm) and a duty cycle
of 20 percent or more.
Paragraph 3A982.b covers packaged MMIC power amplifiers with
physical dimensions less than 43mm per side, rated for operation at
frequencies from 2.7 GHz up to and including 3.2 GHz and having either
an average output power equal to or greater than 15W (41.7 dBm); or a
pulsed output power equal to or greater than 75 W (48.75 dBm) and a
duty cycle of 20 percent or more.
This rule also creates new ECCNs 3D982 and 3E982 to control the
software and technology, respectively, associated with the new controls
set forth in new ECCN 3A982.
This rule also revises License Exception STA (Sec. 740.20 of the
EAR) to preclude use of License Exception STA for any export, reexport
or transfer of items in ECCN 3A982.b.
The U.S. Government plans to submit a proposal for control of the
commodities covered by ECCN 3A982 in 2012. BIS publishes this rule to
protect against the diversion of these items to users or for uses that
would threaten the security of the United States or that of its allies.
The application of regional stability and antiterrorism controls to
the items covered by this rule imposes a foreign policy control.
Section 6(f) of the Export Administration Act requires that a report be
delivered to Congress before imposing such controls. The report was
delivered to Congress on December 29, 2011.
The Export Administration Act of 1979, as amended, expired on
August 21, 2001. Since this lapse, the President has continued the EAR
in effect through Executive Order 13222 of August 17, 2001 (3 CFR, 2001
Comp. 783 (2002)), under the authority of the International Emergency
Economic Powers Act, with the most recent extension being implemented
by the Notice of August 12, 2011 (76 FR 50661 (August 16, 2011)). BIS
continues to carry out the provisions of the Act, as appropriate and to
the extent permitted by law, pursuant to Executive Order 13222.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action,'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget (OMB).
2. Notwithstanding any other provision of law, no person is
required to respond to, nor is subject to a penalty for failure to
comply with, a collection of information, subject to the
[[Page 1018]]
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 OMB Control Number. This rule affects an existing approved
collection 0694-0088, Simple Network Application Process and
Multipurpose Application Form for which the estimated burden is 58
minutes per submission. BIS does not believe that this rule will
materially increase the number of submissions under this collection.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public comment and a delay in effective date are inapplicable because
this regulation involves a military or foreign affairs function of the
United States (See 5 U.S.C. 553(a)(1)). BIS is implementing this rule
to protect U.S. national security or foreign policy interests by
imposing an export and reexport license requirement on two items that
are used in military radar systems. The U.S. Government plans to
propose that these two items be added to the Wassenaar Arrangement
Dual-Use List. Immediate imposition of a license requirement is
necessary to effect the national security and foreign policy goals of
this rule. Immediate implementation will allow BIS to prevent exports
of these items to users and for uses that pose a security threat to the
United States or its allies. If BIS published a proposed rule
soliciting notice and comment, the resulting delay in implementation
would afford an opportunity to export these items to users and uses
that pose such a security threat, thereby undermining the purpose of
the rule. Furthermore, by demonstrating its own willingness to impose a
license requirement on its exports of these items, this rule will
provide support for the planned United States proposal that the
Wassenaar Arrangement should add these items to its Dual-Use List.
Inclusion of these items on the Wassenaar Arrangement Dual-Use and the
resulting implementation of export license requirements by other
Wassenaar Arrangement will further the goal of this rule by removing
potential sources of these items for parties who would act in ways that
threaten the security of the United States or its allies.
Further, no other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this rule. Because a
notice of proposed rulemaking and an opportunity for public comment are
not required to be given for this rule by 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 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
Accordingly, the Export Administration Regulations (15 CFR parts
730-774) are amended as follows:
PART 740--[AMENDED]
0
1. The authority citation for part 740 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. 7201 et seq.; 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 12, 2011, 76 FR 50661 (August 16, 2011).
0
2. Section 740.20 is amended by adding paragraph (b)(2)(viii) to read
as follows:
Sec. 740.20 License Exception Strategic Trade Authorization (STA).
* * * * *
(b) * * *
(2) * * *
(viii) License Exception STA may not be used to export, reexport or
transfer any packaged microwave ``monolithic integrated circuits''
(MMIC) power amplifiers classified under ECCN 3A982.b.
* * * * *
PART 742--[AMENDED]
0
3. 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 12, 2011, 76 FR 50661 (August 16, 2011); Notice of
November 9, 2011, 76 FR 70319 (November 10, 2011).
Sec. 742.6 [Amended]
0
4. Section 742.6(a)(1) is amended by adding the phrase ``3A982; 3D982;
3E982; '' immediately following the phrase ``for items described on the
CCL under ECCNs''
PART 774--[AMENDED]
0
5. 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; 15 U.S.C. 1824a; 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 12, 2011, 76 FR 50661 (August 16, 2011).
0
6. Supplement No. 1 to Part 774--the Commerce Control List, Category 3,
Export Control Classification Number 3A001 is amended by adding two
sentences at the end of the ``Related Controls'' paragraph of the
``List of Items Controlled'' section to read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
3A001 Electronic components and specially designed components
therefor, as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Related Controls: * * * (3) See ECCN 3A982.a for discrete microwave
transistors not controlled by paragraph .b.3 of this entry. (4)
Packaged microwave ``monolithic integrated circuits'' (packaged
MMIC) power amplifiers that operate within the frequency range
specified in 3A982.b and that have the dimensional and output power
characteristics specified for packaged MMIC power amplifiers
specified in ECCN 3A982 are controlled by ECCN 3A982 even if such
packaged MMIC power amplifiers also operate within the frequency
range specified in ECCN 3A001.b.2.a.
* * * * *
0
7. Supplement No. 1 to Part 774--the Commerce Control List, Category 3,
is amended by adding, immediately following the entry for Export
Control Classification Number (ECCN) 3A981 and immediately preceding
the entry for ECCN 3A991, a new ECCN 3A982 entry to read as follows:
3A982 Microwave or millimeter wave components that operate at
frequencies below those controlled by 3A001 as follows (See List of
Items Controlled).
[[Page 1019]]
License Requirements
Reasons for Control: RS, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
RS applies to entire entry................ RS Column 1
AT applies to entire entry................ AT Column 1
------------------------------------------------------------------------
License Exceptions
LVS: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Unit: $ value
Related Controls: (1) See ECCN 3A001.b.2 for certain microwave
``monolithic integrated circuits'' (MMIC) power amplifiers other
than those controlled by this entry. (2) See ECCN 3A001.b.3 for
discrete microwave transistors other than those controlled by this
entry. (3) See ECCN 3A001.h for high electron mobility transistors
that are solid state semiconductor switches, diodes or modules
rather than discrete microwave transistors.
Related Definitions: N/A
Items:
a. Packaged high electron mobility transistors (HEMTs) with
physical dimensions less than 43 mm per side, rated for operation at
frequencies from 2.7 GHz up to and including 3.2 GHz and having any
of the following:
a.1. An average output power equal to or greater than 48 W (46.8
dBm); or
a.2. A pulsed output power equal to or greater than 240 W (53.8
dBm) and a duty cycle of 20 percent or more.
b. Packaged microwave ``monolithic integrated circuits'' (MMIC)
power amplifiers with physical dimensions less than 43mm per side,
rated for operation at frequencies from 2.7 GHz up to and including
3.2 GHz and having either of the following:
b.1. An average output power equal to or greater than 15W (41.7
dBm); or
b.2. A pulsed output power equal to or greater than 75 W (48.75
dBm) and a duty cycle of 20 percent or more.
0
8. Supplement No. 1 to Part 774--The Commerce Control List is amended
by adding immediately following the entry for ECCN 3D980 and
immediately preceding the entry for ECCN 3D991 a new entry 3D982 to
read as follows:
3D982 ``Software'' ``specially designed'' for the ``development'' or
``production'' of microwave or millimeter wave components classified
under ECCN 3A982.
License Requirements
Reasons for Control: RS, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
RS applies to entire entry................ RS Column 1
AT applies to entire entry................ AT Column 1
------------------------------------------------------------------------
License Exceptions
CIV: N/A
TSR: N/A
List of Items Controlled
Unit: $ value
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is in the ECCN heading.
0
9. Supplement No. 1 to Part 774--The Commerce Control List is amended
by adding immediately following the entry for ECCN 3E980 and
immediately preceding the entry for ECCN 3E991 a new entry 3E982 to
read as follows:
3E982 ``Technology'' ``required'' for the ``development'' or
``production'' of microwave or millimeter wave components classified
under ECCN 3A982.
License Requirements
Reasons for Control: RS, AT
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
RS applies to entire entry................ RS Column 1
AT applies to entire entry................ AT Column 1
------------------------------------------------------------------------
License Exceptions
CIV: N/A
TSR: N/A
List of Items Controlled
Unit: $ value
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is in the ECCN heading.
Dated: January 3, 2012.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2012-135 Filed 1-6-12; 8:45 am]
BILLING CODE 3510-33-P
