[Federal Register: November 7, 2007 (Volume 72, Number 215)]
[Rules and Regulations]
[Page 62768-62771]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no07-4]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 734 and 774
[Docket No. 0612242561-7519-01]
RIN: 0694-AD92
Expanded Licensing Jurisdiction for QRS11 Micromachined Angular
Rate Sensors
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final Rule.
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SUMMARY: This final rule amends the Export Administration Regulations
(EAR) to implement the transfer of
[[Page 62769]]
licensing jurisdiction for QRS11-00100-100/101 and the QRS11-00050-443/
569 Micromachined Angular Rate Sensors from the Department of State to
the Department of Commerce (see Public Notice 5823, published in 72 FR
31452-31453, June 7, 2007) when the QRS11-00100-100/101 is integrated
into a primary instrument system for use on civil aircraft or is
exported solely for integration into such a system, or when the QRS11-
00050-443/569 is integrated into an automatic flight control system of
the type described in ECCN 7A994 or aircraft of the type described in
ECCN 9A991 that incorporates such systems, or are exported solely for
integration into such a system.
DATES: This rule is effective: November 7, 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-AD92 in all comments,
and in the subject line of e-mail comments. Comments on the collection
of information should 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: Gene Christiansen, Office of National
Security and Technology Transfer Controls, Bureau of Industry and
Security, U.S. Department of Commerce at (202) 482-2984.
SUPPLEMENTARY INFORMATION:
Background
On February 9, 2004, the Bureau of Industry and Security published
a rule implementing Department of Commerce licensing jurisdiction over
QRS11-00100-100/101 Micromachined Angular Rate Sensors integrated into
and included as an integral part of a Commercial Standby Instrument
System (CSIS) of the type described in the Export Administration
Regulations (EAR) under ECCN 7A994 or an aircraft of the type described
in ECCN 9A991 that incorporates a CSIS that has such a sensor
integrated, or exported solely for integration into such a system. In
all other cases, the QRS11 Micromachined Angular Rate Sensors,
including the QRS11-00100-100/101 sensors, remained subject to the
licensing jurisdiction of the Department of State, Directorate of
Defense Trade Controls. (See 69 FR 5928, February 9, 2004.)
Subsequently, industry inquiries about incorporating the QRS11 into
primary instrument systems or into automatic flight control systems, in
addition to the secondary or standby systems, led the Department of
State to remove from the United States Munitions List quartz rate
sensors used in these applications [72 FR 31452].
Reflecting the removal of such quartz rate sensors from the United
States Munitions List, this rule establishes licensing requirements for
QRS11-00100-100/101 and the QRS11-00050-443/569 Micromachined Angular
Rate Sensors by the Department of Commerce when the QRS11-00100-100/101
sensors are integrated into a primary instrument system or are exported
solely for integration into such a system or when the QRS11-00050-443/
569 sensors are integrated into an automatic flight control system for
use on civil aircraft, or are exported solely for integration into such
a system.
There continues to be no de minimis level for foreign-made systems
that contain QRS11-00100-100/101 or QRS11-00050-443/569 Micromachined
Angular Rate Sensors, or for foreign-made aircraft that incorporate
systems that have QRS11-00100-100/101s or QRS11-00050-443/569s
integrated (see Sec. 734.4(a) of the EAR). The instrument systems, the
automatic flight control systems, and the aircraft remain subject to
the EAR regardless of their percentage, by value, of U.S. content.
Consistent with the provisions of section 6 of the Export
Administration Act, a foreign policy report was submitted to Congress
on November 1, 2007, notifying the Congress of the change in licensing
jurisdiction reflected in this rule.
Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001 (66
Fed. Reg. 44025, 3 CFR, 2001 Comp., p. 783), as extended by the Notice
of August 15, 2007 (72 Fed. Reg. 46137, August 16, 2007), 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, unless that collection of
information displays a currently valid Office of Management and Budget
Control Number. This rule involves a collection of information subject
to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This
collection has been approved by the Office of Management and Budget
under control number 0694-0088, ``Multi-Purpose Application,'' which
carries a burden hour estimate of 58 minutes for a manual or electronic
submission. Send comments regarding these burden estimates or any other
aspect of these collections of information, including suggestions for
reducing the burden, to OMB Desk Officer, New Executive Office
Building, Washington, DC 20503; and to the Office of Administration,
Bureau of Industry and Security, Department of Commerce, 14th and
Pennsylvania Avenue, NW., Room 6883, Washington, DC 20230.
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 prior notice, the opportunity for public comment, 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 prior notice
and an opportunity for public comment be given for this final rule.
Because prior notice and an 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. Although there is no formal
comment period, public comments on this regulation are welcome on a
continuing basis. Comments should be submitted to Hillary Hess, Office
of Exporter Services, Bureau of Export Administration, Room H2705, U.S.
Department of Commerce, Washington, DC 20230.
List of Subjects
15 CFR Part 734
Administrative practice and procedure, Exports, Foreign trade.
15 CFR Part 774
Exports, Foreign trade.
0
Accordingly, parts 734 and 774 of the Export Administration Regulations
(15 CFR parts 730-774) are amended as follows:
PART 734--[AMENDED]
0
1. The authority citation for 15 CFR part 734 continues to read as
follows:
[[Page 62770]]
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61
FR 54079, 3 CFR, 1996 Comp. p. 219; 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); Notice
of October 27, 2006, 71 FR 64109 (October 31, 2006); Notice of
August 15, 2007, 72 FR 46137 (August 16, 2007).
0
2. Section 734.4 is amended by revising paragraph (a)(3) to read as
follows:
Sec. 734.4 De minimis U.S. content.
(a) * * *
(3) There is no de minimis level for foreign-made:
(i) Commercial primary or standby instrument systems of the type
described in ECCN 7A994 on the Commerce Control List (Supplement No. 1
to part 774 the EAR) when the systems integrate QRS11-00100-100/101
Micromachined Angular Rate Sensors;
(ii) Commercial automatic flight control systems when the systems
integrate QRS11-00050-443/569 Micromachined Angular Rate Sensors; and
(iii) Aircraft of the type described in ECCN 9A991 when such
aircraft incorporate a primary or standby instrument system integrating
a QRS11-00100-100/101 sensor or an automatic flight control system
integrating a QRS11-00050-443/569 sensor.
Note to paragraph (a)(3): QRS11 Micromachined Angular Rate
Sensors are subject to the export licensing jurisdiction of the U.S.
Department of State, Directorate of Defense Trade Controls, except
when the QRS11-00100-100/101 version of the sensor is integrated
into and included as an integral part of a commercial primary or
standby instrument system of the type described in ECCN 7A994, or
aircraft of the type described in ECCN 9A991 that incorporates a
commercial primary or standby instrument that has such a sensor
integrated, or is exported solely for integration into such systems;
or when the QRS11-00050-443/569 is integrated into a commercial
automatic flight control system of the type described in ECCN 7A994,
or aircraft of the type described in ECCN 9A991 that incorporates an
automatic flight control system that has such a sensor integrated,
or is exported solely for integration into such a system.
* * * * *
PART 774--[AMENDED]
0
3. 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); Notice of August 15, 2007, 72 FR 46137 (August 16,
2007).
4. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 7--Navigation and Avionics, ECCN 7A994 is amended by revising
the License Requirements section, and the ``Related Controls''
paragraph in the List of Items Controlled section, to read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
7A994 Other navigation direction finding equipment, airborne
communication equipment, all aircraft inertial navigation systems
not controlled under 7A003 or 7A103, and other avionic equipment,
including parts and components, n.e.s.
License Requirements
Reason for Control: RS, AT
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Control(s) Country chart
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RS applies to QRS11-00100-100/101 and RS Column 1.
QRS11-00050-443/569.
Micromachined Angular Rate Sensors. See ..............................
Related Controls.
AT applies to entire entry.............. AT Column 1.
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License Requirement Notes: There is no de minimis level for
foreign-made commercial primary or standby instrument systems that
integrate QRS11-00100-100/101 or commercial automatic flight control
systems that integrate QRS11-00050-443/569 Micromachined Angular
Rate Sensors (see Sec. 734.4(a) of the EAR).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: QRS11 Micromachined Angular Rate Sensors are
subject to the export licensing jurisdiction of the U.S. Department
of State, Directorate of Defense Trade Controls, unless the QRS11-
00100-100/101 is integrated into and included as an integral part of
a commercial primary or standby instrument system of the type
described in ECCN 7A994, or aircraft of the type described in ECCN
9A991 that incorporates such systems, or is exported solely for
integration into such a system; or the QRS11-00050-443/569 is
integrated into an automatic flight control system of the type
described in ECCN 7A994, or aircraft of the type described in ECCN
9A991 that incorporates such systems, or are exported solely for
integration into such a system. (See Commodity Jurisdiction
requirements in 22 CFR Parts 121; Category VIII(e), Note(1)) In the
latter case, such items are subject to the licensing jurisdiction of
the Department of Commerce. Technology specific to the development
and production of QRS11 sensors remains subject to the licensing
jurisdiction of the Department of State.
Related Definitions: * * *
Items: * * *
0
5. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Propulsion Systems, Space Vehicles and Related Equipment,
ECCN 9A991 is amended by revising the ``License Requirements Note'' to
the License Requirements section, and revising the ``Related Controls''
paragraph in the List of Items Controlled section, to read as follows:
9A991 ``Aircraft'', n.e.s., and gas turbine engines not controlled
by 9A001 or 9A101 and parts and components, n.e.s.
License Requirements
Reason for Control: AT, UN
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Control(s) Country chart
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AT applies to entire entry............. AT Column 1.
UN applies to 9A991.a.................. Iraq and Rwanda.
------------------------------------------------------------------------
License Requirement Notes: There is no de minimis level for
foreign-made aircraft described by this entry that incorporate
commercial primary or standby instrument systems that integrate
QRS11-00100-100/101 or commercial automatic flight control systems
that integrate QRS11-00050-443/569 Micromachined Angular Rate
Sensors (see Sec. 734.4(a) of the EAR).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: QRS11 Micromachined Angular Rate Sensors are
subject to the export licensing jurisdiction of the U.S. Department
of State, Directorate of Defense Trade Controls, unless the QRS11-
00100-100/101 is integrated into and included as an integral part of
a commercial primary or standby instrument system of the type
described in ECCN 7A994, or aircraft of the type described in ECCN
9A991 that incorporates such a system, or is exported solely for
integration into such a system; or the QRS11-00050-443/569 is
integrated into an automatic flight control system of the type
described in ECCN 7A994, or aircraft of the type described in ECCN
9A991 that incorporates such a system, or are exported solely for
integration into such a system. (See Commodity Jurisdiction
requirements in 22 CFR Part 121; Category VIII(e), Note(1)) In the
latter case, such items are subject to the licensing jurisdiction of
the Department of Commerce. Technology specific to the development
and production of QRS11 sensors remains subject to the licensing
jurisdiction of the Department of State.
Related Definitions: * * *
Items: * * *
[[Page 62771]]
Dated: October 23, 2007.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
[FR Doc. E7-21840 Filed 11-6-07; 8:45 am]
BILLING CODE 3510-33-P