
[Federal Register: May 6, 2009 (Volume 74, Number 86)]
[Rules and Regulations]               
[Page 20870-20871]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my09-7]                         

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 090406632-9631-01]
RIN 0694-AC74

 
Removal of T 37 Jet Trainer Aircraft and Parts From the Commerce 
Control List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This rule removes the T 37 jet trainer aircraft and specially 
designed component parts from under the Department of Commerce's 
licensing jurisdiction on the Commerce Control List (CCL). T 37 jet 
trainer aircraft appear on the CCL administered by the Department of 
Commerce, Bureau of Industry and Security (BIS). However, the 
Department of State, Directorate of Defense Trade Controls (DDTC) 
reviews license applications for these aircraft and parts. BIS is 
removing these aircraft and parts from the CCL to avoid potentially 
overlapping coverage and reduce the possibility of confusion by the 
public.

DATES: This rule is effective: May 6, 2009.

FOR FURTHER INFORMATION CONTACT: Gene Christiansen in the 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

    Both DDTC and BIS exercise licensing jurisdiction over certain 
exports and reexports. The policy for designating an item as being 
subject to the International Traffic in Arms Regulations (ITAR) (22 CFR 
parts 120-130) and, therefore, subject to DDTC licensing jurisdiction 
is described in 22 CFR 120.3. Generally, that policy is to apply DDTC 
licensing jurisdiction to items that are specifically designed, 
developed, configured, adapted or modified for a military application. 
Items not subject to DDTC

[[Page 20871]]

licensing jurisdiction or to the exclusive licensing jurisdiction of 
another government agency are subject to the Export Administration 
Regulations (EAR) and BIS's licensing jurisdiction.
    The T 37 jet trainer was designed as a military trainer aircraft. 
Such aircraft are subject to the ITAR unless excluded under the 
provisions of 22 CFR 121.3(b), which relate to the engine type and 
power of the trainer aircraft. The T 37 and its specially designed 
component parts do not meet the terms of that exclusion. However, the T 
37 jet trainer aircraft and their specially designed component parts 
have been listed on the CCL (found in 15 CFR Part 774, Supp. No. 1) 
since at least 1993. As such, under a strict interpretation of ITAR and 
the CCL as currently drafted, the T 37 jet trainer aircraft could fall 
within the jurisdiction of both DDTC and BIS, potentially causing 
members of the public to conclude incorrectly that an export license is 
required from both agencies for this item. By removing T 37 jet trainer 
aircraft from the CCL, this rule clarifies that export licenses should 
not be obtained from BIS, avoids potentially overlapping coverage and 
reduces the possibility of confusion on the part of the public. Export 
and reexport license applications for the T 37 jet trainer aircraft and 
parts should be directed to DDTC.

Rulemaking Requirements

    1. This 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 is 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 regulation involves 
a collection previously approved by the 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. 
Miscellaneous and recordkeeping activities account for 12 minutes per 
submission. BIS believes that this rule will have no impact on the 
burden associated with that collection because the Department of State 
exercises licensing jurisdiction over the aircraft or parts affected by 
this rule and BIS has not issued a license for them in recent years.
    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 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 final 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. 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 William Arvin, Office 
of Exporter Services, Bureau of Industry and Security, Department of 
Commerce, Room H2705, Washington, DC 20230.

List of Subjects in 15 CFR Part 774

    Exports, Foreign trade.

0
Accordingly, part 774 of the Export Administration Regulations (15 CFR 
parts 730 through 774) is amended as follows:

PART 774--[AMENDED]

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 July 23, 2008, 73 FR 43603 (July 25, 2008).

0
2. In Supplement No. 1 to Part 774, Category 9--Propulsion Systems, 
Space Vehicles and Related Equipment, Export Control Classification 
Number 9A018, revise paragraph a. of the Items paragraph of the List of 
Items Controlled section to read as follows:

9A018 Equipment on the Wassenaar Arrangement Munitions List

* * * * *

List of Items Controlled

    * * *
    Items: a. Military trainer aircraft bearing ``T'' designations:
    a.1. Using reciprocating engines; or
    a.2. Turbo prop engines with less than 600 horse power (h.p.); 
and
    a.3. Specially designed component parts.
* * * * *

    Dated: April 29, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E9-10468 Filed 5-5-09; 8:45 am]

BILLING CODE 3510-33-P
