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


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25682 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Rules and Regulations 

‘‘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. 

■ Accordingly, parts 772 and 774 of the 

Export Administration Regulations (15 

CFR parts 730–774) are amended as 

follows: 

PART 772—[AMENDED] 

■ 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). 

■ 2. Section 772.1 is amended: 

■ a. By revising the definition of 

‘‘payload’’ and the ‘‘Note:’’ to that 

definition; and 

■ b. By revising the definition of 

‘‘range’’ (MTCR) and the ‘‘Technical 

Notes:’’ to that definition, as set forth 

below: 

§ 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. 

* * * * * 


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PART 774—[AMENDED] 

■ 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). 

■ 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 carboncarbon 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). 

* * * * * 

■ 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. 

* * * * * 

■ 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. 

■ 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 × 10¥6 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(N2O4NO2-) 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 copolymer 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). 

■ 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 

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25684 Federal Register / Vol. 72, No. 87 / Monday, May 7, 2007 / Rules and Regulations 

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. 

■ 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. 

* * * * * 

■ 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. 

■ 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) 

■ 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. 

■ 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. 

■ 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: 


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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. 

* * * * * 

■ 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. 

* * * * * 

■ 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 

* * * * * 

■ 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.) 

* * * * * 

■ 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. 

■ 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. 

* * * * * 

■ 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. 

■ 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 104 m and a 

‘‘specific modulus’’ greater than 3.18 x 106

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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. CGD13–07–016] 

RIN 1625–AA08 

Annual Seattle Yacht Club’s ‘‘Opening 

Day’’ Marine Parade 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement. 

SUMMARY: The Coast Guard will enforce 

the Annual Seattle Yacht Club’s 

‘‘Opening Day’’ Marine Parade Special 

Local Regulations in Portage Bay, 

Portage Cut (Montlake Cut), and Union 

Bay from 8 a.m. to 3 p.m. on May 5, 

2007. This action is necessary to ensure 

the safety of participants and spectators 

during the Annual Seattle Yacht Club’s 

‘‘Opening Day’’ Marine Parade. During 

the enforcement period, the regulated 

area shall be closed to all vessel traffic 

not participating in the event and 

authorized by the event sponsor or 

Coast Guard Patrol Commander. 

DATES: The regulations in 33 CFR 

100.1304 will be enforced from 8 a.m. 

to 3 p.m. on May 5, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Steve Kee, c/o Captain of the 

Port Puget Sound, Coast Guard Sector 

Seattle, 1519 Alaskan Way South, 

Seattle, WA 98134 at (206) 217–6002. 

SUPPLEMENTARY INFORMATION: On May 4, 

1989, the Coast Guard published a final 

rule (54 FR 19167) which established a 


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