

[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

------------------------------------------------------------------------
               Control(s)                         Country chart
------------------------------------------------------------------------
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
