[Federal Register Volume 72, Number 87 (Monday, May 7, 2007)]
[Rules and Regulations]
[Pages 25680-25685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8685]


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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.

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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: <a href="/cdn-cgi/l/email-protection#4b3b3e29272228282426262e253f380b292238652f2428652c243d"><span class="__cf_email__" data-cfemail="aededbccc2c7cdcdc1c3c3cbc0daddeeccc7dd80cac1cd80c9c1d8">[email protected]</span></a> 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 <a href="/cdn-cgi/l/email-protection#5a1e3b2c333e050835292e313f281a353738743f352a743d352c"><span class="__cf_email__" data-cfemail="125673647b764d407d6166797760527d7f703c777d623c757d64">[email protected]</span></a>, 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 Sec.  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 Sec.  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

[[Page 25681]]

Change Category II: Item 17.A.1). 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 300km, 
regardless of the payload capability. This change is expected to have a 
minimal impact on licensing activity.
    ECCN 1C107 paragraph (c) is amended by substituting the defined 
term ``missile'' with new text to clarify the scope of the entry (MTCR 
Annex Change Category II: Item 6.C.5). Under the new text, the 
materials in this entry are controlled if they are for use in missile 
radomes for any missile capable of a range of at least 300 km, 
regardless of the payload capability. This change is expected to have a 
minimal impact on licensing activity.
    ECCN 1C107 is further amended by revising paragraph (d) to include 
additional text which adds reinforced silicon-carbide ceramics 
composites to the CCL (MTCR Annex Change Category II: Item 6.C.6). This 
material is being added to the EAR to address a concern raised by MTCR 
members at the Copenhagen Plenary that there is a proliferation concern 
in the use of this type of material for re-entry vehicles, nose tips 
and rocket motor nozzle flaps. BIS recognizes that there are also other 
commercial and civil uses for this material, but believes that the text 
is sufficiently focused to minimize the impact on industry. As such, 
BIS expects this change will have a minimal impact on licensing 
activity.
    ECCN 1C111 paragraph (a)(3) is amended by rewording and adding 
additional text to clarify the scope and purpose of the entry (MTCR 
Annex Change Category II: Item 4.C.4.a). This amendment will help to 
clarify that the oxidizer substances identified in the ECCN are those 
useable in liquid propellant rocket engines, but allows that the 
substances themselves could be liquid or solid. This change is expected 
to have no impact on licensing activity.
    ECCN 1C111 is further amended by adding a new paragraph (b)(5) and 
a technical note (MTCR Annex Change Category II: Item 4.C.5.f) which 
adds and defines the polymeric substance ``polytetrahydrofuran 
polyethylene glycol (TPEG)'' to the CCL. This substance is added as a 
result of its increasing use in MTCR-controlled rocket motors as a 
propellant binder. TPEG is believed to have minimal commercial use and 
therefore this change is expected to have a minimal impact on licensing 
activity.
    ECCN 6A108 paragraph (b) is amended by substituting the defined 
term ``missile'' with new text to clarify the scope of the entry (MTCR 
Annex Change Category II: Item 12.A.5). Under this new text, the 
precision tracking systems in this entry are controlled if they are 
usable for any rocket, missile, or unmanned aerial vehicle capable of a 
range of at least 300 km, regardless of the payload capability. This 
change is expected to have a minimal impact on licensing activity.
    ECCN 6A108 is further amended by deleting the control parameter of 
``0.5 mils'' in paragraph (b)(2)(a) to clarify the control on these 
range instrumentation radars. The 0.5 mils control parameter was not 
equivalent to 3 milliradians, and therefore needed to be removed from 
that paragraph in order to not confuse the public regarding the correct 
control parameter for that paragraph, which is 3 milliradians. This 
clarification of the control parameter is expected to have no impact on 
licensing activity (MTCR Annex Category II: Item 12.A.5).
    ECCN 6B108 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 17.B.1). Under the new text, the radar 
cross section measurement systems in this entry are controlled if they 
are useable 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 a minimal impact on 
licensing activity.
    ECCN 7A002 paragraph (a)(2) and ECCN 7A102 are amended by adding 
technical notes to each of these ECCNs to define the term ``stability'' 
as it pertains to these MTCR defined gyros controlled on the CCL (MTCR 
Annex Change Category II: Item 9.A.4 Technical Notes). This amendment 
is made to bring these entries in line with current industry practice 
for defining these terms. This change is expected to have no impact on 
licensing activity.
    ECCN 7A102 is further 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 9.A.4). Under the new text, 
the gyros in this entry are controlled if they are usable in 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 a minimal impact on licensing activity.
    ECCN 7A103 paragraphs (b) and (c) are amended by substituting the 
defined term ``missiles'' with new text to clarify the scope of the 
entry (MTCR Annex Change Category II: Item 9.A.1). Under the new text, 
the integrated flight instrument systems and navigation systems in this 
entry are controlled if they are designed or modified for use in 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 a minimal impact on licensing activity.
    ECCN 7A107 is added to control three axis magnetic heading sensors 
designed or modified to be integrated with flight control and 
navigation systems (MTCR Annex Change Category II: Item 9.A.8). These 
three axis magnetic heading sensors are being added to the EAR to 
address a concern raised by MTCR members at the Copenhagen Plenary that 
there is a potential proliferation concern in the use of this type of 
equipment in Unmanned Aerial Vehicle (UAV) systems of concern. To 
conform with the addition of ECCN 7A107 to the EAR, this rule amends 
the headings of ECCNs 7D101 and 7E101, to include ECCN 7A107 in these 
software and technology entries, respectively (MTCR Annex Category II: 
Items 9.D.1 and 9.E.1). It is anticipated that this addition of one new 
MT controlled ECCN 7A107 and the conforming changes to ECCNs 7D101 and 
7E101 will produce a slight increase in licensing activity.
    ECCN 9A101 is amended by deleting the word ``Lightweight'' and the 
phrase ``usable in `missiles' '' from the heading text (MTCR Annex 
Change Category II: Item 3.A.1). This amendment will result in a more 
focused control on these engines, but this change is expected to have 
no impact on licensing activity.
    ECCN 9A101 is further amended by deleting the unit ``parts and 
accessories in $ value''. This unit is being removed from this ECCN, 
because parts and accessories are not controlled by this ECCN entry 
(MTCR Annex Category II: Item 3.A.1). This amendment is expected to 
have no impact on licensing activity.
    ECCN 9A111 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 3.A.2). Under the new text, the items in 
this entry are controlled if they are usable for any rockets, missiles, 
or unmanned aerial vehicles capable of a range of at least 300km, 
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 9A120 is amended by adding double quotes around the word

[[Page 25682]]

``payload'' in Technical Note 1 to identify the word as a defined term 
in the EAR. This amendment is expected to have no impact on licensing 
activity.
    ECCN 9B105 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 15.B.2). Under the new text, the wind 
tunnels in this entry are controlled when usable for any rocket, 
missile, or unmanned aerial vehicle systems capable of a range of at 
least 300 km, regardless of the payload capability, and their 
subsystems. This change is expected to have a minimal impact on 
licensing activity.
    ECCN 9B117 paragraph (a) is amended by replacing the control 
parameter of ``90 kN'' with ``68 kN'' such that the text reads as 
follows, ``* * *a thrust greater than 68 kN;'' (MTCR Annex Change 
Category II: Item 15.B.3). This lowering of the test stand thrust 
capacity threshold is being made to the EAR to address a concern raised 
by MTCR members at the Copenhagen Plenary that there is a proliferation 
concern with this type of equipment and its usefulness in MTCR type 
systems. This change is expected to have a minimal impact on licensing 
activity.
    ECCN 9C110 is amended by placing double quotes around the terms 
``specific tensile strength'' and ``specific modulus'' in the heading 
text (MTCR Annex Change Category II: Item 6.C.1 Technical Notes) to 
indicate that these are defined terms in the CCL. This amendment will 
clarify the control text, but is expected to have no impact on 
licensing activity.

Savings Clause

    Shipments of items removed from eligibility for a License Exception 
or export or reexport without a license (NLR) as a result of this 
regulatory action that were on dock for loading, on lighter, laden 
aboard an exporting or reexporting carrier, or en route aboard a 
carrier to a port of export or reexport, on May 7, 2007, pursuant to 
actual orders for export or reexport to a foreign destination, may 
proceed to that destination under the previous eligibility for a 
License Exception or export or reexport without a license (NLR) so long 
as they are exported or reexported before June 6, 2007. Any such items 
not actually exported or reexported before midnight, on June 6, 2007, 
require a license in accordance with this rule.
    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001 (3 CFR, 
2001 Comp. 783 (2002)), as extended by the Notice of August 3, 2006, 71 
FR 44551 (Aug. 7, 2006), has continued the Export Administration 
Regulations 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 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 Timothy Mooney, 
Office of Exporter Services, Bureau of Industry and Security, 
Department of Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.


0
Accordingly, parts 772 and 774 of the Export Administration Regulations 
(15 CFR parts 730-774) are amended as follows:

PART 772--[AMENDED]

0
1. The authority citation for 15 CFR part 772 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
3, 2006, 71 FR 44551 (August 7, 2006).


0
2. Section 772.1 is amended:
0
a. By revising the definition of ``payload'' and the ``Note:'' to that 
definition; and
0
b. By revising the definition of ``range'' (MTCR) and the ``Technical 
Notes:'' to that definition, as set forth below:


Sec.  772.1  Definitions of terms as used in the Export Administration 
Regulations (EAR).

* * * * *
    Payload. (MTCR context)--The total mass that can be carried or 
delivered by the specified rocket system or unmanned aerial vehicle 
(UAV) system that is not used to maintain flight.

    Note: The particular equipment, subsystems, or components to be 
included in the ``payload'' depends on the type and configuration of 
the vehicle under construction.


    Technical Notes: * * *

* * * * *
    Range. (MTCR context)--The maximum distance that the specified 
rocket system or unmanned aerial vehicle (UAV) system is capable of 
traveling in the mode of stable flight as measured by the projection 
of its trajectory over the surface of the Earth.

    Technical Notes: 
    a. The maximum capability based on the design characteristics of 
the system, when fully loaded with fuel or propellant, will be taken 
into consideration in determining ``range''.
    b. The ``range'' for both rocket systems and UAV systems will be 
determined independently of any external factors such as operational 
restrictions, limitations imposed by telemetry, data links or other 
external constraints.
    c. For rocket systems, the ``range'' will be determined using 
the trajectory that maximizes ``range'', assuming ICAO standard 
atmosphere with zero wind.
    d. For UAV systems, the ``range'' will be determined for a one-
way distance using the most fuel-efficient flight profile (e.g. 
cruise speed and altitude), assuming ICAO standard atmosphere with 
zero wind.

* * * * *

[[Page 25683]]

PART 774--[AMENDED]

0
3. 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; 
Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; 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 3, 2006, 71 FR 44551 
(August 7, 2006).


0
4. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'', 
Export Control Classification Number (ECCN) 1A102 is amended by 
revising the Heading, to read as follows:

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

* * * * *

1A102 Resaturated pyrolized carbon-carbon components designed for 
rockets, missiles, or unmanned aerial vehicles capable of achieving a 
``range'' equal to or greater than 300km. (These items are subject to 
the export licensing authority of the U.S. Department of State, 
Directorate of Defense Trade Controls. See 22 CFR part 121).

* * * * *

0
5. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'', 
Export Control Classification Number (ECCN) 1C101 is amended by 
revising the Heading, to read as follows:

1C101 Materials for Reduced Observables such as Radar Reflectivity, 
Ultraviolet/Infrared Signatures and Acoustic Signatures (i.e., Stealth 
Technology), Other than Those Controlled by 1C001, for applications 
usable in rockets, missiles, or unmanned aerial vehicles capable of 
achieving a ``range'' equal to or greater than 300km, and their 
subsystems.

* * * * *

0
6. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'', 
Export Control Classification Number (ECCN) 1C107 is amended by 
revising paragraphs (c) and (d) of the ``items'' paragraph in the List 
of Items Controlled section, to read as follows:

1C107 Graphite and ceramic materials, other than those controlled by 
1C007, which can be machined to any of the following products as 
follows (see List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
* * * * *
    c. Ceramic composite materials (dielectric constant is less than 
6 at any frequency from 100 MHz to 100 GHz) for use in radomes 
useable in rockets, missiles, and unmanned aerial vehicles capable 
of achieving a ``range'' equal to or greater than 300 km; or
    d. Silicon-Carbide materials, useable in rockets, missiles, and 
unmanned aerial vehicles capable of achieving a ``range'' equal to 
or greater than 300 km, as follows:
    d.1. Bulk machinable silicon-carbide reinforced unfired ceramic, 
usable for nose tips.
    d.2. Reinforced silicon-carbide ceramic composites usable for 
nose tips, re-entry vehicles, nozzle flaps.


0
7. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'', 
Export Control Classification Number (ECCN) 1C111 is amended by 
revising the ``items'' paragraph in the List of Items Controlled 
section, to read as follows:

1C111 Propellants and constituent chemicals for propellants, other than 
those specified in 1C011, as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Propulsive substances:
    a.1. Spherical aluminum powder, other than that specified on the 
U.S. Munitions List, with particles of uniform diameter of less than 
200 micrometer and an aluminum content of 97% by weight or more, if 
at least 10 percent of the total weight is made up of particles of 
less than 63 micrometer, according to ISO 2591:1988 or national 
equivalents such as JIS Z8820.

    Technical Note: A particle size of 63 micrometer (ISO R-565) 
corresponds to 250 mesh (Tyler) or 230 mesh (ASTM standard E-11).

    a.2. Metal fuels, other than that controlled by the U.S. 
Munitions List, in particle sizes of less than 60 x 10<SUP>-6</SUP> 
m (60 micrometers), whether spherical, atomized, spheroidal, flaked 
or ground, consisting 97% by weight or more of any of the following:
    a.2.a Zirconium;
    a.2.b Beryllium;
    a.2.c Magnesium; or
    a.2.d Alloys of the metals specified by a.2.a to a.2.c above.

    Technical Note: The natural content of hafnium in the zirconium 
(typically 2% to 7%) is counted with the zirconium.

    a.3. Oxidizer substances usable in liquid propellant rocket 
engines, as follows:
    a.3.a. Dinitrogen trioxide;
    a.3.b. Nitrogendioxide/dinitrogen tetroxide;
    a.3.c. Dinitrogen pentoxide;
    a.3.d Mixed oxides of nitrogen (MON); a.3.e Inhibited red fuming 
nitric acid (IRFNA);

    Technical Note: Mixed oxides of nitrogen (MON) are solutions of 
nitric oxide (NO) in dinitrogen tetroxide/nitrogen 
dioxide(N<INF>2</INF>O<INF>4</INF>NO<INF>2</INF>-) that can be used 
in missile systems. There are a range of compositions that can be 
denoted as MONi or MONij, where i and j are integers representing 
the percentage of nitric oxide in the mixture (e.g., MON3 contains 
3% nitric oxide, MON25 25% nitric oxide. An upper limit is MON40, 
40% by weight).

    b. Polymeric substances:
    b.1. Carboxy-terminated polybutadiene (CTPB);
    b.2. Hydroxy-terminated polybutadiene (HTPB), other than that 
controlled by the U.S. Munitions List;
    b.3. Polybutadiene-acrylic acid (PBAA);
    b.4. Polybutadiene-acrylic acid -acrylonitrile (PBAN);
    b.5 Polytetrahydrofuran polyethylene glycol (TPEG).

    Technical Note: Polytetrahydrofuran polyethylene glycol (TPEG) 
is a block co-polymer of poly 1,4-Butanediol and polyethylene glycol 
(PEG).

    c. Other propellant additives and agents:
    c.1. Butacene;
    c.2. Triethylene glycol dinitrate (TEGDN);
    c.3. 2-Nitrodiphenylamine;
    c.4. Trimethylolethane trinitrate (TMETN);
    c.5. Diethylene glycol dinitrate (DEGDN).


0
8. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A108 is amended by revising the ``items'' paragraph in the List 
of Items Controlled section, to read as follows:

6A108 Radar systems and tracking systems, other than those controlled 
by 6A008, as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Radar and laser radar systems designed or modified for use in 
``missiles'';

    Note: 6A108.a includes the following:
    a. Terrain contour mapping equipment;
    b. Imaging sensor equipment;
    c. Scene mapping and correlation (both digital and analog) 
equipment;
    d. Doppler navigation radar equipment.

    b. Precision tracking systems, usable for rockets, missiles, or 
unmanned aerial vehicles capable of achieving a ``range'' equal to 
or greater than 300 km, as follows:
    b.1. Tracking systems which use a code translator installed on 
the rocket or unmanned aerial vehicle in conjunction with either 
surface or airborne references or navigation satellite systems to 
provide real-

[[Page 25684]]

time measurements of in-flight position and velocity;
    b.2. Range instrumentation radars including associated optical/
infrared trackers with all of the following capabilities:
    b.2.a. Angular resolution better than 3 milliradians;
    b.2.b. Range of 30 km or greater with a range resolution better 
than 10 m rms;
    b.2.c. Velocity resolution better than 3 m/s.


0
9. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6B108 is amended by revising the Heading, to read as follows:

6B108 Systems, other than those controlled by 6B008, specially designed 
for radar cross section measurement usable for rockets, missiles, or 
unmanned aerial vehicles capable of achieving a ``range'' equal to or 
greater than 300 km and their subsystems.

* * * * *

0
10. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A002 is amended by revising the ``items'' paragraph in 
the List of Items Controlled section, to read as follows:

7A002 Gyros, and angular or rotational accelerometers, having any of 
the following characteristics (see List of Items Controlled), and 
specially designed components therefor.

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. A ``drift rate'' `stability', when measured in a 1 g 
environment over a period of one month and with respect to a fixed 
calibration value, of:

    Technical Notes: For the purpose of 7A002.a, `stability' is 
defined as a measure of the ability of a specific mechanism or 
performance coefficient to remain invariant when continuously 
exposed to a fixed operating condition. (This definition does not 
refer to dynamic or servo stability.) (IEEE STD 528-2001 paragraph 
2.247)
    a.1. Less (better) than 0.1 degree per hour when specified to 
function at linear acceleration levels below 12 g; or
    a.2. Less (better) than 0.5 degree per hour when specified to 
function at linear acceleration levels from 12 g to 100 g inclusive;
    b. An angle random walk of less (better) than or equal to 0.0035 
degree per square root hour; or


    Note: 7A002.b does not control spinning mass gyros (spinning 
mass gyros are gyros which use a continually rotating mass to sense 
angular motion).


    Technical Note: For the purpose of 7A002.b, `angle random walk' 
is the angular error buildup with time that is due to white noise in 
angular rate. (IEEE STD 528-2001)

    c. Specified to function at linear acceleration levels exceeding 
100 g.


0
11. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A102 is amended by revising the Heading and the 
``items'' paragraph in the List of Items Controlled section, to read as 
follows:

7A102 All types of gyros, other than those controlled by 7A002, usable 
in rockets, missiles, or unmanned aerial vehicles capable of achieving 
a ``range'' equal to or greater than 300 km, with a rated ``drift 
rate'' `stability' of less than 0.5 degrees (1 sigma or rms) per hour 
in a 1 g environment and specially designed components therefor.

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    The list of items controlled is contained in the ECCN heading.

    Technical Note: In this entry, the term `stability' is defined 
as a measure of the ability of a specific mechanism or performance 
coefficient to remain invariant when continuously exposed to a fixed 
operating condition. (This definition does not refer to dynamic or 
servo stability.) (IEEE STD 528-2001 paragraph 2.247)


0
12. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7A103 is amended by revising the first sentence of the 
``related controls'' paragraph and paragraphs (b) and (c) of the 
``items'' paragraph in the List of Items Controlled section, to read as 
follows:

7A103 Instrumentation, navigation equipment and systems, other than 
those controlled by 7A003, and specially designed components therefor.

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: (1) For rockets, missiles, or unmanned aerial 
vehicles controlled under the U.S. Munitions List (22 CFR part 121), 
items described in 7A103.b are subject to the export licensing 
authority of the U.S. Department of State, Directorate of Defense 
Trade Controls (See 22 CFR part 121). * * *
    Related Definitions: * * *
    Items:
* * * * *
    b. Integrated flight instrument systems, which include 
gyrostabilizers or automatic pilots, designed or modified for use in 
rockets, missiles, or unmanned aerial vehicles capable of achieving 
a ``range'' equal to or greater than 300 km.
    c. Integrated Navigation Systems, designed or modified for use 
in rockets, missiles, or unmanned aerial vehicles capable of 
achieving a ``range'' equal to or greater than 300 km and capable of 
providing a navigational accuracy of 200m Circular Error Probable 
(CEP) or less.

    Technical Note: An `integrated navigation system' typically 
incorporates the following components:

    1. An inertial measurement device (e.g., an attitude and heading 
reference system, inertial reference unit, or inertial navigation 
system);
    2. One or more external sensors used to update the position and/
or velocity, either periodically or continuously throughout the 
flight (e.g., satellite navigation receiver, radar altimeter, and/or 
Doppler radar); and
    3. Integration hardware and software.*COM019**COM019*

0
13. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, is amended by adding Export 
Control Classification Number (ECCN) 7A107 after ECCN 7A106 and before 
ECCN 7A115, to read as follows:

7A107 Three axis magnetic heading sensors having all of the following 
characteristics, and specially designed components therefor.

License Requirements

    Reason for Control: MT, AT.

------------------------------------------------------------------------
                Control(s)                         Country chart
------------------------------------------------------------------------
MT applies to entire entry...............  MT 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: N/A.
    Related Definitions: N/A.
    Items:
    a. Internal tilt compensation in pitch (+/-90 degrees) and roll 
(+/-180 degrees) axes;
    b. Capable of providing azimuthal accuracy better (less) than 
0.5 degrees rms at latitudes of +/-80 degrees, referenced to local 
magnetic field; and
    c. Designed or modified to be integrated with flight control and 
navigation systems.

    Note: Flight control and navigation systems in 7A107 include 
gyrostabilizers, automatic pilots and inertial navigation systems.


0
14. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7D101 is amended by revising the Heading, to read as 
follows:

[[Page 25685]]

7D101 ``Software'' specially designed or modified for the ``use'' of 
equipment controlled by 7A001 to 7A006, 7A101 to 7A107, 7A115, 7A116, 
7B001, 7B002, 7B003, 7B101, 7B102, or 7B103.

* * * * *

0
15. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7E101 is amended by revising the Heading, to read as 
follows:

7E101 ``Technology'', according to the General Technology Note for the 
``use'' of equipment controlled by 7A001 to 7A006, 7A101 to 7A107, 
7A115 to 7A117, 7B001, 7B002, 7B003, 7B101, 7B102, 7B103, or 7D101 to 
7D103.

* * * * *

0
16. 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) 9A101 is amended by 
revising the Heading and the ``unit'' paragraph in the List of Items 
Controlled section, to read as follows:

9A101 Turbojet and turbofan engines (including turbocompound engines), 
other than those controlled by 9A001, as follows (see List of Items 
Controlled).

* * * * *

List of Items Controlled

    Unit: Equipment in number
* * * * *
0
17. 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) 9A111 is amended by 
revising the Heading, to read as follows:

9A111 Pulse jet engines, usable in rockets, missiles, or unmanned 
aerial vehicles capable of achieving a ``range'' equal to or greater 
than 300km, and specially designed components therefor. (These items 
are subject to the export licensing authority of the U.S. Department of 
State, Directorate of Defense Trade Controls. See 22 CFR part 121.)

* * * * *

0
18. 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) 9A120 is amended by 
revising the ``items'' paragraph in the List of Items Controlled 
section, to read as follows:

9A120 Complete unmanned aerial vehicles, not specified in 9A012, having 
all of the following:

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Having any of the following:
    a.1. An autonomous flight control and navigation capability; or
    a.2. Capability of controlled-flight out of the direct vision 
range involving a human operator; and
    b. Having any of the following:
    b.1. Incorporating an aerosol dispensing system/mechanism with a 
capacity greater than 20 liters; or
    b.2. Designed or modified to incorporate an aerosol dispensing 
system/mechanism with a capacity of greater than 20 liters.

    Note: 9A120 does not control model aircraft, specially designed 
for recreational or competition purposes.


    Technical Notes: 
    1. An aerosol consists of particulate or liquids other than fuel 
components, by--products or additives, as part of the ``payload'' to 
be dispersed in the atmosphere. Examples of aerosols include 
pesticides for crop dusting and dry chemicals for cloud seeding.
    2. An aerosol dispensing system/mechanism contains all above 
devices (mechanical, electrical, hydraulic, etc.), which are 
necessary for storage and dispersion of an aerosol into the 
atmosphere. This includes the possibility of aerosol injection into 
the combustion exhaust vapor and into the propeller slip stream.

0
19. 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) 9A105 is amended by 
revising the Heading, to read as follows:

9B105 Wind tunnels for speeds of Mach 0.9 or more, usable for rockets, 
missiles, or unmanned aerial vehicles capable of achieving a ``range'' 
equal to or greater than 300 km and their subsystems.

* * * * *

0
20. 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) 9B117 is amended by 
revising the ``items'' paragraph in the List of Items Controlled 
section, to read as follows:

9B117 Test benches and test stands for solid or liquid propellant 
rockets, motors or rocket engines, having either of the following 
characteristics (see List of Items Controlled).

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. The capacity to handle solid or liquid propellant rocket 
motors or rocket engines having a thrust greater than 68 kN; or
    b. Capable of simultaneously measuring the three axial thrust 
components.


0
21. 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) 9C110 is amended by 
revising the Heading, to read as follows:

9C110 Resin impregnated fiber prepregs and metal coated fiber preforms 
therefor, for composite structures, laminates and manufactures 
specified in 9A110, made either with organic matrix or metal matrix 
utilizing fibrous or filamentary reinforcements having a ``specific 
tensile strength'' greater than 7.62 x 10\4\ m and a ``specific 
modulus'' greater than 3.18 x 10\6\ m.

* * * * *

    Dated: May 1, 2007.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
[FR Doc. E7-8685 Filed 5-4-07; 8:45 am]
BILLING CODE 3510-33-P


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