Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50865

Document number Pages Revision Date

21 8 June 16, 1997.

22–24 5 May 12, 1994.

25, 26 7 April 25, 1997.

27 5 May 12, 1994.

Total pages ................................................................................................................................. 27

This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from General Electric Aircraft Engines,

Technical Publications, 1000 Western

Avenue, Lynn, MA 01910; telephone (781)

594–5102, fax (781) 594–2717. Copies may be

inspected at the FAA, New England Region,

Office of the Assistant Chief Counsel, 12 New

England Executive Park, Burlington, MA; or

at the Office of the Federal Register, 800

North Capitol Street NW., suite 700,

Washington, DC.

(i) This amendment becomes effective on

November 28, 1997.

Issued in Burlington, Massachusetts, on

September 11, 1997.

Mark C. Fulmer,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 97–25581 Filed 9–26–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 774

[Docket No. 960918265–7203–04]

RIN 0694–AB09

Satellite Fuel, Ground Support

Equipment, Test Equipment, Payload

Adapter/Interface Hardware, and

Replacement Parts for the Preceding

Items, When Included With a Specific

Commercial Communications Satellite

Launch

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Final rule.

SUMMARY: This final rule amends the

Commerce Control List of the Export

Administration Regulations by revising

the List of Items Controlled, of Export

Control Classification Number (ECCN)

9A004, to provide that satellite fuel,

ground support equipment, test

equipment, payload adapter/interface

hardware and replacement parts for the

preceding items are subject to

Commerce jurisdiction when they are

included with a specific commercial

communications satellite. This rule

amends the interim final rule of October

21, 1996 that transferred jurisdiction of

all commercial communications

satellites from the Department of State

to the Department of Commerce.

EFFECTIVE DATE: September 29, 1997.

FOR FURTHER INFORMATION CONTACT:

Gene Christiansen, Office of Strategic

Trade, Telephone: (202) 482–2984.

SUPPLEMENTARY INFORMATION:

Background

On October 21, 1996, the Department

of Commerce published an interim final

rule in the Federal Register (61 FR

54540) that amended the Export

Administration Regulations (EAR) by

revising Export Control Classification

Number (ECCN) 9A004 to control all

commercial communications satellites.

The interim final rule also imposed

enhanced national security and foreign

policy controls (‘‘SI’’ controls for

significant items) on all commercial

communications satellites controlled

under ECCN 9A004.a.

This final rule amends the Commerce

Control List of the Export

Administration Regulations by revising

the List of Items Controlled, of Export

Control Classification Number (ECCN)

9A004, to provide that satellite fuel,

ground support equipment, test

equipment, payload adapter/interface

hardware and replacement parts for the

preceding items are subject to

Commerce jurisdiction when they are

included with a specific commercial

communications satellite.

Although the Export Administration

Act (EAA) expired on August 20, 1994,

the President invoked the International

Emergency Economic Powers Act and

continued in effect, to the extent

permitted by law, the provisions of the

EAA and the EAR in Executive Order

12924 of August 19, 1994, notice of

August 15, 1995 (60 FR 42767), and

August 14, 1996 (61 FR 42527); and

August 13, 1997 (62 FR 43629).

Rulemaking Requirements

1. This final rule has been determined

to be 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

OMB Control Number. This rule

involves 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.

3. This rule does not contain policies

with Federalism implications sufficient

to warrant preparation of a Federalism

assessment under Executive Order

12612.

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 (Sec. 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

5 U.S.C. or by any other law, the

analytical requirements of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq. ) are not applicable.

List of Subjects in 15 CFR Part 774

Exports, Foreign trade, Reporting and

recordkeeping requirements.

Accordingly, part 774 of the Export

Administration Regulations (15 CFR

Parts 730–799) is amended as follows:

PART 774—[AMENDED]

1. 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); 18 U.S.C. 2510 et seq.; 22 U.S.C.

287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004;

Sec. 201, Pub. L. 104–58, 109 Stat. 557 (30

U.S.C. 185(s)); 30 U.S.C. 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; E.O.

12924, 59 FR 43437, 3 CFR, 1994 Comp., p.

917; Notice of August 15, 1995, 3 CFR 1995

Comp. 501 (1996); Notice of August 14, 1996

(61 FR 42527, August 15, 1996); Notice of

August 13, 1997 (62 FR 43629, August 15,

1997).
50866 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

Supplement No. 1 to Part 774 [Amended]

2. 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) 9A004 is

amended by revising the List of Items

Controlled to read as follows:

9A004 ‘‘Spacecraft’’, (not including their

payloads) and specially designed

components therefor that are not subject to

the authority of the Department of State.

(See notes.)

* * * * *

List of Items Controlled

Unit: Equipment in number; systems,

components, parts and accessories in $

value.

Related Controls: (1) The

corresponding EU list number controls

space launch vehicles (not including

their payloads) and other ‘‘spacecraft’’

(not identified in this CCL entry). These

items are subject to the export licensing

authority of the U.S. Department of

State, Office of Defense Trade Controls

(See 22 CFR part 121, Category XV). For

the control status of products contained

in ‘‘spacecraft’’ payloads, see the

appropriate categories of the U.S.

Munitions List (USML). (2) For the

control status of items contained in

‘‘spacecraft’’ payloads subject to the

EAR, see the appropriate entries on the

CCL.

Related Definition: Transferring

registration or operational control to any

foreign person of any commercial

communications satellite controlled by

this entry must be authorized on a

license issued by the Bureau of Export

Administration. This requirement

applies whether the commercial

communications satellite is physically

located in the United States or abroad.

Items

a. Commercial communications

Satellites;

Technical Note: Commercial

communications satellites are subject to

Commerce licensing jurisdiction even if they

include the individual munitions list

systems, components, or parts identified in

Category XV(f) of the United States

Munitions List (USML). In all other cases,

these Category XV(f) systems, components, or

parts remain on the USML, except that

satellite fuel, ground support equipment, test

equipment, payload adapter/interface

hardware, replacement parts for the

preceding items, and non-embedded, solid

propellant orbit transfer engines (‘‘kick

motors’’) are subject to Commerce licensing

jurisdiction (and not controlled on the

USML) when they are to be utilized for the

specific commercial communications

satellite launch, provided the solid

propellant ‘‘kick motor’’ being utilized is not

specifically designed or modified for military

use or capable of being restarted after

achievement of mission orbit (such orbit

transfer engines are always controlled under

Category IV of the USML). Technical data (as

defined in § 120.10 of the International

Traffic in Arms Regulations (ITAR)) and

defense services (as defined in § 120.9 of the

ITAR) related to the systems, components, or

parts referred to in Category XV(f) of the

USML are always controlled under the

USML, even when the satellite itself is

licensed by the Department of Commerce.

Notes: 1. Military communication satellites

or multi-mission satellites, including

commercial communications satellites

having additional non-communication

mission(s) or payload(s) are under the

jurisdiction of the Department of State.

2. As indicated in the Technical Note,

under some circumstances a license

application under 9A004 includes other

items, which are necessary for the

commercial communications satellite launch,

but are normally subject to State Department

jurisdiction. Certain of these items (e.g.,

kickmotors, satellite fuel, etc.) are controlled

by the Missile Technology Control Regime

(MTCR) Equipment and Technology Annex.

b. [Reserved]

c. Other ‘‘spacecraft’’ not subject to

the export licensing authority of the

U.S. Department of State, Office of

Defense Trade Controls under 22 CFR

part 121, Category XV.

Notes: 1. ECCN 9A004.c includes the

international space station being developed,

launched and operated under the supervision

of the U.S. National Aeronautics and Space

Administration. Exporters requesting a

license from the Department of Commerce for

spacecraft other than the international space

station or a commercial communications

satellite specified in 9A004 must provide a

statement from the Department of State,

Office of Defense Trade Controls, verifying

that the item intended for export is under the

licensing jurisdiction of the Department of

Commerce.

2. All other spacecraft, including all other

satellites not controlled under 9A004 and

components, parts, accessories, attachments,

associated equipment, and ground support

equipment therefor are subject to the export

licensing authority of the Department of

State.

3. Items on Category XV(f) of the USML

and certain other USML items designated in

the technical note, above, that are included

in a commercial communications satellite to

be exported under a Commerce license must

be specifically listed on the Commerce

license application. Such USML items when

not included in a specific commercial

communications satellite are under the

jurisdiction of the Department of State.

4. Technical data provided to the launch

provider (form, fit, function, mass, electrical,

mechanical, dynamic/environmental,

telemetry, safety, facility, launch pad access,

and launch parameters) for commercial

communications satellites that describe the

interfaces for mating of the satellite to the

launch vehicle and parameters for launch

(e.g., orbit, timing) of the satellite, are under

Commerce jurisdiction. Other technical data

and all defense services and technical

assistance for satellite and/or launch

vehicles, including compatibility,

integration, or processing data are controlled

and subject to licensing by the Department of

State, in accordance with 22 CFR parts 120

through 130. Approval for such technical

assistance will require a Technical

Assistance Agreement (TAA) and may

require U.S. Government oversight.

5. Once a satellite is launched, items

remaining unlaunched are required to be

returned immediately to the United States. If

the satellite launch is canceled or unduly

delayed, the satellite and all support

equipment must be returned immediately to

the United States.

6. Detailed design, development,

production, or manufacturing data for all

spacecraft, including satellites, regardless of

which agency has jurisdiction over the

export, and all systems components, parts,

accessories, attachments, and associated

equipment (including ground support

equipment) specifically designed or modified

for articles under Category XV on the United

States Munitions List (including software

source code and operating algorithms) are

subject to licensing by the Department of

State. This does not include that level of

technical data (including marketing data)

necessary and reasonable for a purchaser to

have assurance that a U.S.-built item

intended to operate in space has been

designed, manufactured and tested in

conformance with specified contract

requirements (e.g., operational performance,

reliability, lifetime, product quality, or

delivery expectations) as well as data

necessary for normal in-orbit satellite

operations, to evaluate in-orbit anomalies,

and to operate and maintain associated

ground station equipment (except encryption

hardware).

Dated: September 17, 1997.

William V. Skidmore,

Acting Assistant Secretary for Export

Administration.

[FR Doc. 97–25765 Filed 9–26–97; 8:45 am]

BILLING CODE 3510–33–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 247

Use of Columbia River Treaty Fishing

Access Sites

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Interim rule with request for

comments.

SUMMARY: The Bureau of Indian Affairs

(BIA) is promulgating regulations for

application to the Columbia River

Fishing Access Sites. The current

regulations in part 248 do not apply to

these new fishing sites which are being