This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

25677 

Vol. 72, No. 87 

Monday, May 7, 2007 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 959 

[Docket No. AMS–FV–06–0214; FV07–959– 

1 IFR] 

Onions Grown in South Texas; Change 

in Regulatory Period 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule revises the 

regulatory period for minimum grade, 

size, quality, and maturity requirements 

applicable to onions grown in South 

Texas under Marketing Order No. 959 

(order). The current regulatory period 

for South Texas onions is March 1 

through June 4 of each year. Changes in 

available varieties, growing seasons, and 

marketing opportunities over the years 

have resulted in a prolonged onion 

shipping season that now extends 

beyond June 4 into mid-July. The new 

regulatory period will extend through 

July 15. The South Texas Onion 

Committee (Committee), which locally 

administers the order, unanimously 

recommended the change. 

DATES: Effective May 8, 2007. Comments 

received by July 6, 2007 will be 

considered prior to issuance of a final 

rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this action. Comments must 

be sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; or Internet: http:// 

www.regulations.gov. All comments 

should reference the docket number and 

the date and page number of this issue 

of the Federal Register and will be 

available for public inspection in the 

Office of the Docket Clerk during regular 

business hours, or can be viewed at: 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Belinda G. Garza, Regional Manager, 

Texas Marketing Field Office, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA; 

Telephone: (956) 682–2833, Fax: (956) 

682–5942, or e-mail: 

Belinda.Garza@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or e-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 143 and Order No. 959, both as 

amended (7 CFR part 959), regulating 

the handling of onions grown in South 

Texas, hereinafter referred to as the 

‘‘order.’’ The order is effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This action is not intended to 

have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction to review USDA’s ruling on 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

This action, which was unanimously 

recommended by the Committee, 

extends the regulatory period when 

minimum grade, size, quality, and 

maturity requirements apply to onions 

grown under the order in South Texas. 

Under the terms of the order, fresh 

market shipments of onions grown in a 

35-county production area in South 

Texas are currently subject to handling 

regulations during the period March 1 

through June 4 of each year. According 

to the Committee, changes in available 

varieties, growing seasons, and 

marketing opportunities over the years 

have resulted in a prolonged onion 

shipping season that now extends 

beyond June 4 into mid-July. Because 

the current regulatory period does not 

cover the present production season 

completely, not all onion shipments 

occurring after June 4 are currently 

subject to order requirements. 

According to USDA Market News 

data, 40 percent of South Texas onions 

shipped in 2005 from District 2, or 

roughly 11 percent of total shipments 

for the production area, occurred after 

June 4. In 2006, 30 percent of onions 

shipped from District 2, or 

approximately 10 percent of total 

shipments for the production area, were 

shipped after June 4. 

Section 959.110 of the order’s rules 

and regulations apportions the 35 

counties between two onion-growing 

areas known as District 1, designated as 

the Coastal Bend-Lower Valley area, and 

District 2, designated as the LaredoWinter Garden area. District 1 is 

comprised of the counties of Victoria, 

Calhoun, Goliad, Refugio, Bee, Live 

Oak, San Patricio, Aransas, Jim Wells, 

Nueces, Kleberg, Brooks, Kenedy, 

Duval, McMullen, Cameron, Hidalgo, 

Starr, and Willacy. District 2 includes 

the counties of Zapata, Webb, Jim Hogg, 

De Witt, Wilson, Atascosa, Karnes, Val 

Verde, Frio, Kinney, Uvalde, Medina, 

Maverick, Zavala, Dimmit, and LaSalle. 

Section 959.52(b) of the order 

provides authority to limit the handling 

of any grade, size, quality, maturity, or 

pack of onions within the production 

area during any period. Section 959.322 

outlines the regulatory requirements 

authorized under § 959.52(b). Such 


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25678 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Rules and Regulations 

grade requirements are based on the 

U.S. Standards for Grades of BermudaGranex-Grano Type Onions (7 CFR part 

51.3195–3212), or the U.S. Standards for 

Grades of Onions (Other than BermudaGranex-Grano and Creole Types) (7 CFR 

part 51.2830–2854). 

Currently, these handling regulations 

provide that shipments may not exceed 

20 percent defects of U.S. No. 1 grade. 

In percentage grade lots, tolerances for 

serious damage shall not exceed 10 

percent including not more than 2 

percent decay. Double the lot tolerance 

is permitted in individual packages in 

percentage grade lots. Applications of 

tolerances in U.S. onion standards apply 

to in-grade lots. 

Minimum size requirements for 

different size designations are outlined 

in the regulations. Specifically, for 

white onions only, the minimum 

diameter is 1 inch to 21⁄4 inches 

maximum diameter. For other than 

white onions, the minimum diameter 

for repacker onions is 13⁄4 inches to 3 

inches maximum with 60 percent or 

more 2 inches in diameter or larger, 2 

to 31⁄2 inches for medium, 3 inches or 

larger for jumbo or large onions, and 33⁄4

inches or larger for colossal. 

The regulations further specify that 

tolerances for size in the U.S. onion 

standards shall apply except that for 

repacker and medium sizes, not more 

than 20 percent, by weight, of onions in 

any lot may be larger than the maximum 

diameter specified. 

The current South Texas regulatory 

period during which the 

aforementioned regulations are in effect 

runs from March 1 through June 4, 

annually. A final rule published on May 

17, 1996 (61 FR 24877), established this 

regulatory period to promote the orderly 

marketing of onions. 

Extending the end date of the 

regulatory period from June 4 to July 15 

each year will provide the consumer 

with quality onions for a longer period 

of time because the entire production 

area will be regulated throughout its 

shipping period. Normally, South Texas 

onion handlers continue to voluntarily 

request inspection of their onions after 

June 4 to ensure product quality past the 

current regulatory period. Because the 

industry is already voluntarily having 

their onions inspected, the extension is 

not expected to negatively impact the 

industry and this change will align 

order requirements with present day 

industry operations. 

Collecting assessments for an 

additional five weeks will provide the 

Committee with additional assessment 

revenue. Based on USDA Market News 

shipment 2005 data, an additional 

1,086,600 fifty-pound equivalent cartons 

would have been assessed if the 

extended regulatory period had been in 

effect. At the current assessment rate of 

$0.02 per carton, this amount would 

have generated an additional $21,732 in 

assessment revenue. Similarly, Market 

News data for 2006 indicates that an 

additional 863,400 cartons would have 

been assessed between June 4 and July 

15, and would have resulted in $17,268 

of additional assessment revenue. 

The additional revenue collected as a 

result of an extended regulatory period 

in 2007 will allow the Committee to 

further promote onions and conduct 

more research projects, making it 

advantageous to the industry as well as 

the consumer. All producers will realize 

a better return for a quality pack through 

research and market development 

projects funded by the collection of 

assessments through July 15. 

Initial Regulatory Flexibility Analysis 

Pursuant to the requirements set forth 

in the Regulatory Flexibility Act (RFA), 

the Agricultural Marketing Service 

(AMS) has considered the economic 

impact of this action on small entities. 

Accordingly, AMS has prepared this 

initial regulatory flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions so that 

small businesses will not be unduly or 

disproportionately burdened. Marketing 

orders issued pursuant to the Act, and 

the rules issued thereunder, are unique 

in that they are brought about through 

group action of essentially small entities 

acting on their own behalf. Thus, both 

statutes have small entity orientation 

and compatibility. Small agricultural 

growers have been defined by the Small 

Business Administration (SBA) (13 CFR 

121.201) as those having annual receipts 

of less than $750,000. Small agricultural 

service firms are defined as those with 

annual receipts of less than $6,500,000. 

There are approximately 114 

producers of onions in the production 

area and approximately 38 handlers 

subject to regulation under the order. 

Most of the handlers are vertically 

integrated corporations involved in 

producing, shipping, and marketing 

onions. For the 2005–06 marketing year, 

the industry’s 38 handlers shipped 

onions produced on 17,694 acres with 

the average and median volume handled 

being 182,148 and 174,437 fifty-pound 

equivalents, respectively. In terms of 

production value, total revenues for the 

38 handlers were estimated to be $44.2 

million, with average and median 

revenues being $l.6 million and $1.12 

million, respectively. 

The South Texas onion industry is 

characterized by producers and 

handlers whose farming operations 

generally involve more than one 

commodity, and whose income from 

farming operations is not exclusively 

dependent on the production of onions. 

Alternative crops provide an 

opportunity to utilize many of the same 

facilities and equipment not in use 

when the onion production season is 

complete. For this reason, typical onion 

producers and handlers either produce 

multiple crops or alternate crops within 

a single year. 

Based on the SBA’s definition of 

small entities, the Committee estimates 

that all of the 38 handlers regulated by 

the order would be considered small 

entities if only their onion revenues are 

considered. However, revenues from 

other productive enterprises would 

likely push a number of these handlers 

above the $6,500,000 annual receipt 

threshold. All of the 114 producers may 

be classified as small entities based on 

the SBA definition if only their revenue 

from onions is considered. 

This rule extends the end date of the 

order’s regulatory period from June 4 to 

July 15 of each year for Texas onions 

shipped to the fresh market. This action, 

which was unanimously recommended 

by the Committee, extends the 

regulatory period when minimum grade, 

size, quality, and maturity requirements 

apply to onions grown under the order. 

Authorization to implement such 

regulations is provided in § 959.52(b) of 

the order. Regulatory requirements 

authorized under this section are 

provided in § 959.322. 

This action provides that fresh onion 

shipments from the entire South Texas 

onion production area meet all order 

requirements from March 1 through July 

15 of each year. The current regulations 

require that onions grown in the 

production area meet order 

requirements from March 1 through 

June 4 of each year. 

According to the Committee, changes 

in available varieties, growing seasons, 

and marketing opportunities over the 

years have resulted in a prolonged 

onion shipping season that now extends 

beyond June 4 into mid-July. Because 

the current regulatory period does not 

cover the present production season 

completely, not all onion shipments 

occurring after June 4 are currently 

subject to mandatory inspection under 

the order. Extending the regulatory 

period will ensure that all South Texas 

onions would be inspected to order 

specifications. 

Many South Texas onion handlers 

currently continue to voluntarily 

request inspection of their onions after 

June 4 to ensure product quality. 

Because the industry is already 


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Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Rules and Regulations 25679 

voluntarily having their onions 

inspected, the extension is not expected 

to negatively impact the industry and 

this change will align order 

requirements with present day industry 

operations. 

According to USDA Market News 

data, forty percent of South Texas 

onions shipped in 2005 from District 2, 

or roughly 11 percent of total shipments 

for the production area, occurred after 

June 4. In 2006, 30 percent of onions 

shipped from District 2, or 

approximately 10 percent of total 

shipments for the production area, were 

shipped after June 4. 

This action is also expected to 

support Committee promotional and 

research activities and benefit 

consumers. The Committee has 

indicated that collecting assessments for 

an additional five weeks will provide 

them with additional assessment 

revenue. 

Based on USDA Market News 

shipment 2005 data, an additional 

1,086,600 fifty-pound equivalent cartons 

would have been assessed if the 

extended regulatory period had then 

been in effect. At the current assessment 

rate of $0.02 per carton, this amount 

would have generated an additional 

$21,732 in assessment revenue. 

Similarly, Market News data for 2006 

indicates that an additional 863,400 

cartons would have been assessed 

between June 4 and July 15, 2006, and 

would have resulted in $17,268 of 

additional assessment revenue. 

The additional revenue will allow the 

Committee to further promote onions 

and conduct more research projects, 

making it advantageous to the industry 

as well as the consumer. All producers 

will realize a better return for a quality 

pack through research and market 

development projects funded by the 

collection of assessments through July 

15. 

The additional five weeks of 

assessment collection is not expected to 

significantly burden South Texas Onion 

handlers. A burden calculation of the 

additional assessments that would have 

been collected in 2006 if the regulatory 

period had been in effect for that season 

indicates that the additional assessment 

payments by handlers would have 

equaled 0.039 percent of total of 2006 

production value [($17,268/$44.2 

million) × 100 = 0.039]. Total 2006 

revenues for the 38 handlers were 

estimated to be $44.2 million, with 

average and median revenues being $l.6 

million and $1.12 million, respectively. 

Extending the end date of the 

regulatory period from June 4 to July 15 

each year will also provide the 

consumer with quality onions for a 

longer period of time because the entire 

production area will be regulated 

throughout its shipping period. 

One alternative to this action would 

be to not extend the regulatory period 

beyond the current end date of June 4. 

However, the Committee believes that 

not extending the regulatory period 

would result in a significant portion of 

the South Texas onion crop not being 

consistently regulated. 

While most handlers currently extend 

inspection beyond the June 4 regulatory 

deadline on a voluntary basis, such 

inspection is not required. By extending 

the regulatory period, such inspection 

would be mandatory. Mandatory 

inspection will ensure orderly 

marketing of all South Texas onions 

since all handlers and product will be 

required to fulfill the same inspection 

requirements and product standards 

under the order for the entire 

production period. Therefore, USDA 

determined that the end date of the 

regulatory period for South Texas 

onions should be extended from June 4 

to July 15. 

While this action will impose some 

additional costs on South Texas onion 

handlers and producers, the costs are 

expected to be minimal, and will be 

offset by the benefits of the action. The 

Committee believes that this 

modification will benefit consumers, 

producers, and handlers. The benefits of 

this action are not expected to be 

disproportionately greater or lesser for 

small entities than for large entities. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

onion handlers. As with all Federal 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and public 

sector agencies. 

The AMS is committed to complying 

with the E-Government Act, to promote 

the use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

In addition, USDA has not identified 

any relevant Federal rules that 

duplicate, overlap or conflict with this 

rule. 

Further, the Committee’s meeting was 

widely publicized throughout the South 

Texas onion industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations. All Committee meetings 

are public meetings and all entities, 

both large and small, are able to express 

their views. Finally, interested persons 

are invited to submit information on the 

regulatory and informational impacts of 

this action on small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

This rule invites comments on the 

extension of the regulatory period under 

the South Texas onion marketing order. 

Any comments received will be 

considered prior to finalization of this 

rule. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendations, and 

other information, it is found that this 

interim final rule, as hereinafter set 

forth, will tend to effectuate the 

declared policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) This rule should be 

implemented as soon as possible since 

the South Texas onion regulatory period 

began March 1, 2007; (2) the rule will 

benefit the onion industry by aligning 

the regulatory period with current 

production practices; (3) the Committee 

discussed this issue and unanimously 

recommended this change at a public 

meeting and interested parties had an 

opportunity to provide input at the 

meeting; and (4) the rule provides a 60- 

day comment period and any comments 

received will be considered prior to 

finalization of this rule. 

List of Subjects in 7 CFR Part 959 

Marketing agreements, Onions, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 959 is amended as 

follows: 

■ 1. The authority citation for 7 CFR 

part 959 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

PART 959—ONIONS GROWN IN 

SOUTH TEXAS 

■ 2. In § 959.322, the introductory text 

is revised to read as follows: 

§ 959.322 Handling regulation. 

During the period beginning March 1 

and ending July 15, no handler shall 


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25680 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Rules and Regulations 

handle any onions, including onions for 

peeling, chopping, and slicing, unless 

they comply with paragraphs (a) 

through (c) or (d) or (e) of this section. 

* * * * * 

Dated: May 1, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–8626 Filed 5–4–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 772 and 774 

[Docket No. 070411084–7087–02] 

RIN 0694–AD96 

Revisions to the Export Administration 

Regulations Based on the 2006 Missile 

Technology Control Regime Plenary 

Agreements 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final Rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is amending the Export 

Administration Regulations (EAR) to 

reflect changes to the Missile 

Technology Control Regime (MTCR) 

Annex that were agreed to by MTCR 

member countries at the October 2006 

Plenary in Copenhagen, Denmark. The 

amendments set forth in this rule also 

include adding a new Export Control 

Classification Number (ECCN) 7A107 to 

control three axis magnetic heading 

sensors designed or modified to be 

integrated with flight control and 

navigation systems. 

DATES: This rule is effective May 7, 

2007. Although there is no formal 

comment period, public comments on 

this regulation are welcome on a 

continuing basis. 

ADDRESSES: You may submit comments, 

identified by RIN 0694–AD96, by any of 

the following methods: 

E-mail: publiccomments@bis.doc.gov 

Include ‘‘RIN 0694–AD96’’ 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 St. & Pennsylvania Avenue, NW., 

Room 2705, Washington, DC 20230, 

Attn: RIN 0694–AD96. 

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 Regulatory 

Policy Division, Bureau of Industry and 

Security, Department of Commerce, P.O. 

Box 273, Washington, DC 20044. 

Comments on this collection of 

information should be submitted 

separately from comments on the final 

rule (i.e. RIN 0694–AD96)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Dennis L. Krepp, Nuclear and Missile 

Technology Controls Division, Bureau 

of Industry and Security, Telephone: 

(202) 482–1309. 

SUPPLEMENTARY INFORMATION: 

Background 

The Missile Technology Control 

Regime (MTCR) is an export control 

arrangement among 34 nations, 

including the world’s most advanced 

suppliers of ballistic missiles and 

missile-related materials and 

equipment. The regime establishes a 

common export control policy based on 

a list of controlled items (the Annex) 

and on guidelines (the Guidelines) that 

member countries implement in 

accordance with their national export 

controls. The goal of maintaining the 

Annex and the Guidelines is to stem the 

flow in the global marketplace of missile 

systems capable of delivering weapons 

of mass destruction. 

The MTCR was originally created to 

prevent the spread of missiles capable of 

carrying a nuclear warhead; it was 

expanded in January 1993 to also stem 

the flow of delivery systems for 

chemical and biological weapons. 

MTCR members voluntarily pledge to 

apply the Regime’s export Guidelines 

and to restrict the export of items 

contained in the Regime’s Annex. The 

Regime’s Guidelines are implemented 

through the national export control laws 

and policies of the regime members. 

In January 1993, complete rocket 

systems and unmanned aerial vehicle 

systems that were capable of a ‘‘range’’

equal to or greater than 300 km, 

regardless of the payload, were added to 

the MTCR Annex (Category II, Item 19). 

This was based on concerns by MTCR 

members that rocket systems and 

unmanned aerial vehicle systems that 

were capable of a ‘‘range’’ equal to or 

greater than 300 km, but did not meet 

the 500 kg ‘‘payload’’ parameter from 

Category I of the MTCR Annex, were a 

proliferation concern. ‘‘Missiles’’ are 

defined in § 772.1 of the EAR as being 

‘‘ ‘capable of’ delivering at least 500 

kilograms payload to a range of at least 

300 kilometers.’’

Prior to publication of this rule, the 

items controlled in ECCNs 1A102, 

1C101, 1C107, 6A108, 6B108, 7A102, 

7A103, 9A111 and 9B105 included the 

defined term ‘‘missile’’ meaning they 

were controlled only when they were 

‘‘ ‘capable of’ delivering at least 500 

kilograms payload to a range of at least 

300 kilometers.’’ To accommodate the 

change made in 1993, the MTCR 

members decided at the 2006 Plenary to 

clarify the controls applicable to these 

ECCNs by making it clear that the items 

in these ECCNs were controlled when 

used in systems that were capable of a 

range of at least 300km, regardless of the 

payload capacity. Therefore, this rule 

clarifies the scope of these ECCNs by 

replacing the defined term ‘‘missile’’

with new language controlling rockets, 

missiles, and unmanned aerial vehicles 

‘‘capable of a range of at least 300 km’’

to these ECCNs. 

Amendments to the Export 

Administration Regulations 

In § 772.1 (Definitions of Terms as 

Used in the Export Administration 

Regulations), this rule amends 

definitions of the terms ‘‘range’’ and 

‘‘payload.’’ Specifically this rule adds 

double quotes around the terms ‘‘range’’

and ‘‘payload’’ in these definitions to 

signify these are defined terms under 

the EAR. 

The Commerce Control List (CCL) 

(Supplement No. 1 to Part 774 of the 

EAR) is amended to reflect changes to 

the MTCR Annex agreed to at the 

October 2006 Plenary in Copenhagen, 

Denmark. 

Specifically the following ECCNs are 

amended: 

ECCN 1A102 is amended by 

substituting the defined term ‘‘missiles’’

with new text to the heading to clarify 

the scope of the entry (MTCR Annex 

Change Category II: Item 6.C.2). Under 

the new text, the materials in this entry 

are controlled if they are usable for any 

rockets, missiles, or unmanned aerial 

vehicles capable of a range of at least 

300 km, regardless of the payload 

capability. This change is expected to 

have no impact on BIS licensing 

activity, because these commodities are 

controlled by the Department of State 

under the International Traffic in Arms 

Regulations (ITAR). 

ECCN 1C101 is amended by 

substituting the defined term ‘‘missiles’’

with new text to the heading to clarify 

the scope of the entry (MTCR Annex 


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