Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations 1017 

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 

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 (§ 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 


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 

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] 

■ 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). 

§ 742.6 [Amended] 

■ 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] 

■ 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: 

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). 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Rules and Regulations 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. 

■ 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. 

■ 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 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management 

30 CFR Part 585 

[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 

AGENCY: Bureau of Ocean Energy 

Management, (BOEM), Interior. 

ACTION: Correcting amendments. 

SUMMARY: This document corrects 

amendments contained in a direct final 

rule published in the Federal Register 

on October 18, 2011, and involves only 

that portion of the rule related to 

acquiring a lease non-competitively for 

offshore renewable energy projects. 

DATES: Effective Date: This correction is 

effective on January 9, 2012. 

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. 

SUPPLEMENTARY INFORMATION: 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. 

List of Subjects in 30 CFR Part 585 

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: 

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: 

§ 585.231 How will BOEM process my 

unsolicited request to acquire a lease noncompetitively? 

* * * * * 

(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? 

* * * * * 


tkelley on DSK3SPTVN1PROD with RULES