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[Federal Register: June 30, 2010 (Volume 75, Number 125)]
[Proposed Rules]               
[Page 37742-37744]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn10-18]                         

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 742 and 774

[Docket No. 080724907-91435-01]
RIN 0694-AE44

 
Addition of New Export Control Classification Number 6A981 
Passive Infrasound Sensors to the Commerce Control List of the Export 
Administration Regulations, and Related Amendments

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Proposed rule, request for comments.

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SUMMARY: The Bureau of Industry and Security proposes to amend the 
Export Administration Regulations (EAR) by adding Export Control 
Classification Number (ECCN) 6A981 to the Commerce Control List (CCL) 
to control passive infrasound sensors because of their military and 
commercial utility. Items under this new ECCN will be controlled for 
Regional Stability (RS) and Anti-Terrorism (AT) reasons. In addition, 
BIS proposes to control technology and software for the development, 
production, or use of these items for RS and AT reasons under revised 
ECCNs 6D991 and 6E991, respectively.

DATES: Comments must be received by August 30, 2010.

ADDRESSES: You may submit comments, identified by RIN-AE44 by any of 
the following methods:
    E-mail: publiccomments@bis.doc.gov or via www.regulations.gov. 
Include ``RIN-AE44'' 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 Deliver/Courier: Sharron Cook, U.S. Department of 
Commerce, Bureau of Industry and Security, Regulatory Policy Division, 
14th St. & Pennsylvania Ave., NW., Room 2705, Washington, DC 20230, 
Attn: RIN-AE44.
    Send comments regarding the collection of information associated 
with the rule, including suggestions for reducing the burden, to 
Jasmeet Seehra, Office of Management and Budget (OMB), by e-mail to 
jseehra@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 St. & Pennsylvania Ave., NW., Room 2705, 
Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: James Thompson, Sensors and Aviation 
Division, Bureau of Industry and Security, Telephone: (202) 482-4252.

SUPPLEMENTARY INFORMATION:

Background

    The Bureau of Industry and Security proposes to amend the Export 
Administration Regulations (EAR) by imposing new foreign policy export 
and reexport controls on certain infrasound sensors (i.e., sensors 
capable of detecting sound from 0.01 to 16 Hertz).
    Infrasound sensors are used by the oil exploration industry, 
meteorologists, seismologists, and the military to detect natural or 
man-made infrasound sources including earthquakes, volcanic eruptions, 
rocket launch, and/or nuclear explosions.
    Passive infrasound sensors, which possess civil and military 
utility, are not currently specified in the CCL, but similar sensors 
are subject to the EAR. Today's passive infrasound sensors have updated 
electronics, which increase their sensitivity and allow the detection 
of additional infrasound sources. Because of the enhanced capabilities 
of current sensors, these passive infrasound sensors have military and 
commercial applications, and therefore should be controlled under the 
EAR for regional stability (RS) and antiterrorism (AT) reasons.
    BIS proposes to amend the EAR, Supplement No. 1 to Part 774 
(Commerce Control List), Category 6 (Sensors and Lasers) by adding 
Export Control Classification Number (ECCN) 6A981. This new ECCN 6A981 
would be controlled for RS and AT reasons and

[[Page 37743]]

would have the following control parameters; ``Sensors designed to 
measure pressure whose 3 dB bandwidth intersects any part of the 
infrasound band of 0.01-16 Hz and have a sensor band-limited root mean 
squared (RMS) self-noise from 0.5-2Hz less than 0.15 milliPascals, 
which is equivalent to an average of -77 dB (relative to 1 Pa[caret]2/
Hz) across the 0.5-2Hz band.''
    BIS proposes to require a license for the export and reexport of 
these sensors to countries with an X in the box under RS Column 2 and 
AT Column 1 on the Commerce Country Chart (See Supplement No. 1 to Part 
738 of the EAR.) There may be license exceptions available for export 
of these items under certain circumstances (License Exceptions GOV, 
TMP, RPL, TSU, BAG, and APR).
    This rule also proposes to revise the headings of ECCNs 6E001 and 
6E002 to make clear that ECCN 6A981 is excluded from the scope of these 
entries. In addition, this rule proposes to revise the headings and 
license requirements sections of ECCNs 6D991 and 6E991 in order to add 
RS and AT controls for development, production or use technology and 
software for equipment under ECCN 6A981.
    All other license requirements of the EAR that are applicable to a 
transaction involving these sensors would also apply to items 
controlled by new ECCN 6A981 (e.g., end-user and end-use based license 
requirements set forth in Part 744 of the EAR).
    Since August 21, 2001, the Export Administration Act of 1979, as 
amended, has been in lapse. However, the President, through Executive 
Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which 
has been extended by successive Presidential Notices, the most recent 
being that of August 13, 2009 (74 FR 41325 (August 14, 2009)), has 
continued the EAR in effect under the International Emergency Economic 
Powers Act (50 U.S.C. 1701-1707).

Request for Public Comments

    BIS is requesting public comment on the possible impact of this 
proposed rule. As these sensors are not currently described on the 
Commerce Control List (CCL), it is difficult for BIS to determine how 
many U.S. companies manufacture these sensors and would be impacted by 
this new control. Therefore BIS is seeking specific information about 
the impact of this proposed rule, as follows:
    1. Whether your company manufactures parts, software, or technology 
that would be controlled if this rule was to be promulgated.
    2. What the end-use is for the sensors your company manufactures.
    3. What the typical end-uses are for these sensors, other than 
those end-uses described in this proposed rule.
    4. Whether the parameters set forth in this rule are appropriate to 
control sensors that could be used to detect rocket launch and/or 
nuclear explosions, or whether the parameters are overly broad. If the 
controls are overly broad, could the parameters be narrowed to capture 
sensors that BIS is interested in controlling.
    5. Whether there is foreign availability for these sensors. If 
foreign availability does exist, it would be helpful if your company 
could provide BIS with the URLs referencing these sensors on foreign 
Web sites or other foreign marketing material.

Rulemaking Requirements

    1. This proposed 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 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 rule 
contains a collection of information subject to the requirements of the 
PRA. This collection has previously been approved by 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. This 
rule is not expected to result in any change for collection purposes. 
Send comments regarding this burden estimate or any other aspect of 
this collection of information, including suggestions for reducing the 
burden, to Jasmeet Seehra, Office of Management and Budget (OMB), and 
to the Regulatory Policy Division, Bureau of Industry and Security, 
Department of Commerce, as indicated in the ADDRESSES section of this 
rule.
    3. This rule does not contain policies with Federalism implications 
as this term is defined under Executive Order 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 proposed rule. Because a notice of 
proposed rulemaking and an opportunity for public comment are not 
required to be given for this rule under 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 742

    Exports, Terrorism.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, Parts 742 and 774 of the Export Administration 
Regulations (15 CFR Parts 730-774) are proposed to be amended as 
follows:

PART 742--[AMENDED]

    1. 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 
13, 2009, 74 FR 41325 (August 14, 2009); Notice of November 6, 2009, 
74 FR 58187 (November 10, 2009).

Sec.  742.6  [Amended]

    2. Section 742.6 is amended by revising paragraph (a)(4)(i) to read 
as follows:

Sec.  742.6  Regional Stability.

    (a) * * *
    (4) RS Column 2 license requirements--(i) License Requirements 
Applicable to Most RS Column 2 Items. As indicated in the CCL and in RS 
Column 2 of the Commerce Country Chart (see Supplement No. 1 to part 
738 of the EAR), a license is required to any destination except 
Australia, Japan, New Zealand, and countries in the North Atlantic 
Treaty Organization (NATO) for items described on the CCL under ECCNs 
0A918, 0E918, 1A004.d, 1D003 (software to enable equipment to perform 
the functions of equipment controlled by 1A004.d), 1E001 (technology 
for the development, production, or use of 1A004.d), 2A983, 2A984, 
2D983, 2D984, 2E983, 2E984,

[[Page 37744]]

6A981, 6D991 (only ``software'' for the ``production'', 
``development'', or ``use'' of commodities in ECCN 6A981), 6E991 (only 
for ``technology'' for the ``production, ``development'', or ``use'' of 
commodities in ECCN 6A981), 8A918, and for military vehicles and 
certain commodities (specially designed) used to manufacture military 
equipment, described on the CCL in ECCNs 0A018.c, 1B018.a, 2B018, 
9A018.a and .b, 9D018 (only software for the ``use'' of commodities in 
ECCN 9A018.a and .b), and 9E018 (only technology for the 
``development'', ``production'', or ``use'' of commodities in 9A018.a 
and .b).
* * * * *

PART 774--[AMENDED]

    3. 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; 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 13, 2009, 74 FR 41325 (August 14, 2009).

Supplement No. 1 to Part 774--[Amended]

    4. In Supplement No. 1 to Part 774 (the Commerce Control List) 
Category 6 is amended by adding Export Control Classification Number 
(ECCN) 6A981 after ECCN 6A226 to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *
6A981 Passive infrasound sensors, as follows (see List of Items 
Controlled).

License Requirements

Reason for Control: RS, AT

------------------------------------------------------------------------
                  Control                           Country chart
------------------------------------------------------------------------
RS applies to entire entry................  RS Column 2.
AT applies to entire entry................  AT Column 1.
------------------------------------------------------------------------

License Exceptions

LVS: N/A
GBS: N/A
CIV: N/A

List of Items Controlled

Unit: Number
Related Controls: N/A
Related Definitions: N/A
Items:

    a. Sensors designed to measure pressure whose 3 dB bandwidth 
intersects any part of the infrasound band of 0.01-16 Hz and have a 
sensor band-limited root mean squared (RMS) self-noise from 0.5-2 Hz 
less than 0.15 milliPascals, which is equivalent to an average of -77 
dB (relative to 1 Pa[caret]2/Hz) across the 0.5-2 Hz band.
    b. [RESERVED]
* * * * *
    5. In Supplement No. 1 to Part 774 (the Commerce Control List) 
Category 6 is amended by revising the Heading and the License 
Requirements section of ECCN 6D991 to read as follows:

6D991 ``Software'' specially designed for the ``development'', 
``production'', or ``use'' of equipment controlled by 6A002.e, 6A981, 
6A991, 6A996, 6A997, or 6A998.

License Requirements

Reason for Control: RS, AT

------------------------------------------------------------------------
                Control(s)                          Country chart
------------------------------------------------------------------------
RS applies to ``software'' for equipment    RS Column 1.
 controlled by 6A002.e or 6A998.b.
RS applies to ``software'' for equipment    RS Column 2.
 controlled by 6A981.
AT applies to entire entry, except          AT Column 1.
 ``software'' for equipment controlled by
 6A991.
AT applies to ``software'' for equipment    AT Column 2.
 controlled by 6A991.
------------------------------------------------------------------------

* * * * *
    6. In Supplement No. 1 to Part 774 (the Commerce Control List) 
Category 6 is amended by revising the Heading of ECCN 6E001 to read as 
follows:

6E001 ``Technology'' according to the General Technology Note for the 
``development'' of equipment, materials or ``software'' controlled by 
6A (except 6A981, 6A991, 6A992, 6A994, 6A995, 6A996, 6A997, or 6A998), 
6B (except 6B995), 6C (except 6C992 or 6C994), or 6D (except 6D991, 
6D992, or 6D993).
* * * * *
    7. In Supplement No. 1 to Part 774 (the Commerce Control List) 
Category 6 is amended by revising the Heading of ECCN 6E002 to read as 
follows:

6E002 ``Technology'' according to the General Technology Note for the 
``production'' of equipment or materials controlled by 6A (except 
6A981, 6A991, 6A992, 6A994, 6A995, 6A996, 6A997 or 6A998), 6B (except 
6B995) or 6C (except 6C992 or 6C994).
* * * * *
    8. In Supplement No. 1 to Part 774 (the Commerce Control List) 
Category 6 is amended by revising the Heading and the License 
Requirements section of ECCN 6E991 to read as follows:

6E991 ``Technology'' for the ``development'', ``production'' or ``use'' 
of equipment controlled by 6A981, 6A991, 6A996, 6A997, or 6A998.

License Requirements

Reason for Control: RS, AT

------------------------------------------------------------------------
                Control(s)                          Country chart
------------------------------------------------------------------------
RS applies to ``technology'' for equipment  RS Column 1.
 controlled by 6A998.b.
RS applies to ``technology'' for equipment  RS Column 2.
 controlled by 6A981..
AT applies to entire entry except           AT Column 1.
 ``technology'' for equipment controlled
 by 6A991.
AT applies to ``technology'' for equipment  AT Column 2.
 controlled by 6A991.
------------------------------------------------------------------------

* * * * *

    Dated: June 25, 2010.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2010-15928 Filed 6-29-10; 8:45 am]
BILLING CODE 3510-33-P
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