
[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Rules and Regulations]               
[Page 26000-26001]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my08-13]                         

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 080307395-8515-01]
RIN 0694-AE32

 
Technical Corrections to the Export Administration Regulations 
Based Upon a Systematic Review of the CCL; Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Correcting amendment.

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SUMMARY: The Bureau of Industry and Security published a final rule in 
the Federal Register on April 18, 2008 (73 FR 21035), that amended the 
Export Administration Regulations (EAR) to make various technical 
corrections and clarifications to the EAR as a result of a systematic 
review of the CCL. The amendments in that final rule included a 
revision to the ``Unit'' paragraph in the List of Items Controlled 
section of Export Control Classification Number (ECCN) 9A004. However, 
because of an inadvertent formatting error in a rule published on March 
18, 1999 (64 FR 13338), the ``Related Controls'' paragraph in that CCL 
entry appeared to be a part of the ``Unit'' paragraph. This resulted in 
the inadvertent removal of the ``Related Controls'' paragraph in the 
List of Items Controlled section of that ECCN entry when the ``Unit'' 
paragraph was revised with the publication of the April 18, 2008, rule. 
Today's rule corrects that inadvertent removal by adding the ``Related 
Controls'' paragraph back into that ECCN entry.

DATES: Effective Date: This rule is effective: May 8, 2008.

ADDRESSES: You may submit comments, identified by RIN 0694-AE32, by any 
of the following methods:
    E-mail: publiccomments@bis.doc.gov. Include ``RIN 0694-AE32'' 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 Delivery/Courier: Timothy Mooney, U.S. Department of 
Commerce, Bureau of Industry and Security, Regulatory Policy Division, 
14th Street & Pennsylvania Avenue, NW., Room 2705, Washington, DC 
20230, Attn: RIN 0694-AE32.
    Send comments regarding the collection of information associated 
with this rule, including suggestions for reducing the burden, 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; and to the U.S. 
Department of Commerce, Bureau of Industry and Security, Regulatory 
Policy Division, 14th Street & Pennsylvania Avenue, NW., Room 2705, 
Washington, DC 20230. Comments on this collection of information should 
be submitted separately from comments on the final rule (i.e. RIN 0694-
AE32)--all comments on the latter should be submitted by one of the 
three methods outlined above.

FOR FURTHER INFORMATION CONTACT: Timothy Mooney, Office of Exporter 
Services, Bureau of Industry and Security, U.S. Department of Commerce; 
by telephone: (202) 482-2440; or by fax: 202-482-3355.

SUPPLEMENTARY INFORMATION:

Background

    On April 18, 2008, the final rule, Technical Corrections to the 
Export Administration Regulations based upon a Systematic Review of the 
CCL was published in the Federal Register (73 FR 21035). The amendments 
in that final rule included a revision to the ``Unit'' paragraph in the 
List of Items Controlled section of Export Control Classification 
Number (ECCN) 9A004. The changes made in the April 18 rule made no 
changes to the ``Related Controls'' paragraph of that ECCN entry. 
However, because of an inadvertent formatting error that occurred in a 
final rule published on March 18, 1999 (64 FR 13338), the ``Related 
Controls'' paragraph appeared to be a part of the ``Unit'' paragraph, 
which resulted in the inadvertent removal of the ``Related Controls'' 
paragraph in the List of Items Controlled section when the ``Unit'' 
paragraph was revised with the publication of the April 18, 2008, rule. 
The formatting issue involved the ``Related Controls'' paragraph not 
appearing on its own line in the Code of Federal Regulations (CFR) and 
the ``Related Controls'' heading not being italicized. This rule 
corrects those inadvertent formatting errors from the 1999 rule that 
were compounded with the publication of the April 18 rule, by adding 
the ``Related Controls'' paragraph back into ECCN 9A004.
    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as extended by the Notice of August 15, 
2007, 72 FR 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 contains 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.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 13132.
    4. The Department finds that there is good cause under 5 U.S.C. 
553(b)(B) to waive the provisions of the Administrative Procedure Act 
requiring prior notice and the opportunity for public comment because 
they are unnecessary. The changes made by this rule are not substantive 
changes, but rather are updates to cross-references, conformance of 
units of measure to item descriptions, and removal of outdated 
references. This rule does not alter any right, obligation or 
prohibition that applies to any person under the Export Administration 
Regulations (EAR). Because these revisions are not substantive changes, 
it is unnecessary to provide notice and opportunity for

[[Page 26001]]

public comment. In addition, the 30-day delay in effectiveness required 
by 5 U.S.C. 553(d) is not applicable because this rule is not a 
substantive rule. Because a notice of proposed rulemaking 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.

List of Subjects in 15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.


0
Accordingly, part 774 of the Export Administration Regulations (15 CFR 
parts 730-774) is corrected by making the following correcting 
amendment:

PART 774--[CORRECTED]

0
1. 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; 
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 15, 2007, 72 FR 46137 (August 16, 2007).


0
2. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Propulsion Systems, Space Vehicles and Related Equipment, 
Export Control Classification Number (ECCN) 9A004 is amended by adding 
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

* * * * *

9A004 Space launch vehicles and ``spacecraft''.

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls:
    (1.) See also 9A104.
    (2.) Space launch vehicles are under the jurisdiction of the 
Department of State.
    (3.) Effective March 15, 1999, all satellites, including 
commercial communications satellites, are subject to the ITAR. 
Effective March 15, 1999, all license applications for the export of 
commercial communications satellites will be processed by the State 
Department, Directorate of Defense Trade Controls. Retransfer of 
jurisdiction for commercial communications satellites and related 
items shall not affect the validity of any export license issued by 
the Department of Commerce prior to March 15, 1999, or of any export 
license application filed under the Export Administration 
Regulations on or before March 14, 1999, and subsequently issued by 
the Department of Commerce. Commercial communications satellites 
licensed by the Department of Commerce, including those already 
exported, remain subject to the EAR and all terms and conditions of 
issued export licenses until their stated expiration date. All 
licenses issued by the Department of Commerce for commercial 
communications satellites, including licenses issued after March 15, 
1999, remain subject to SI controls throughout the validity of the 
license. Effective March 15, 1999, Department of State jurisdiction 
shall apply to any instance where a replacement license would 
normally be required from the Department of Commerce. Transferring 
registration or operational control to any foreign person of any 
item controlled by this entry must be authorized on a license issued 
by the Department of State, Directorate of Defense Trade Controls. 
This requirement applies whether the item is physically located in 
the United States or abroad.
    (4.) All other ``spacecraft'' not controlled under 9A004 and 
their payloads, and specifically designed or modified components, 
parts, accessories, attachments, and associated equipment, including 
ground support equipment, are subject to the export licensing 
authority of the Department of State unless otherwise transferred to 
the Department of Commerce via a commodity jurisdiction 
determination by the Department of State.
    (5.) Exporters requesting a license from the Department of 
Commerce for ``spacecraft'' and their associated parts and 
components, other than the international space station, must provide 
a statement from the Department of State, Directorate of Defense 
Trade Controls, verifying that the item intended for export is under 
the licensing jurisdiction of the Department of Commerce. All 
specially designed or modified components, parts, accessories, 
attachments, and associated equipment for ``spacecraft'' that have 
been determined by the Department of State through the commodity 
jurisdiction process to be under the licensing jurisdiction of the 
Department of Commerce and that are not controlled by any other ECCN 
on the Commerce Control List will be assigned a classification under 
this ECCN 9A004.
    (6.) Technical data required for the detailed design, 
development, manufacturing, or production of the international space 
station (to include specifically designed parts and components) 
remains under the jurisdiction of the Department of State. This 
control by the ITAR of detailed design, development, manufacturing 
or production technology for NASA's international space station does 
not include that level of technical data necessary and reasonable 
for assurance that a U.S.-built item intended to operate on NASA's 
international space station has been designed, manufactured, and 
tested in conformance with specified requirements (e.g., operational 
performance, reliability, lifetime, product quality, or delivery 
expectations). All technical data and all defense services, 
including all technical assistance, for launch of the international 
space station, including launch vehicle compatibility, integration, 
or processing data, are controlled and subject to the jurisdiction 
of the Department of State, in accordance with 22 CFR parts 120 
through 130.
* * * * *

Eileen Albanese,
Director, Office of Exporter Services.
[FR Doc. E8-10309 Filed 5-7-08; 8:45 am]

BILLING CODE 3510-33-P
