Federal Register / Vol. 63, No. 134 /Tuesday, July 14, 1998 /Rules and Regulations 37767

(ii) Disks with less than 3,500 CSN on the

effective date of this AD, inspect prior to

accumulating 5,000 CSN.

(2) Disks that have been reoperated in

accordance with PW Service Bulletin (SB)

No. 5815, Revision 2, dated July 31, 1992, or

prior revisions, that have not been

fluorescent penetrant inspected or eddy

current inspected since reoperation, perform

an initial FPI for cracks in all 40 cooling air

holes in Chapter/Section 70–33, SPOP 84, as

follows:

(i) Disks with 3,500 CIS or more since

reoperation on the effective date of this AD,

inspect prior to accumulating 5,000 CIS since

reoperation, or within 1,500 CIS after the

effective date of this AD, whichever occurs

later.

(ii) Disks with less than 3,500 CIS since

reoperation on the effective date of this AD,

inspect prior to accumulating 5,000 CIS since

reoperation.

(3) Disks that have been fluorescent

penetrant inspected, or eddy current

inspected, since introduction into service or

since reoperation, in accordance with PW SB

No. 5744, Revision 3, dated March 31, 1993,

or prior revisions, or PW JT9D–7Q, –7Q3

Engine Manual, P/N 777210, 72–51–00,

Inspection –03, or PW JT9D–59A, –70A

Engine Manual, P/N 754459, 72–51–00,

Heavy Maintenance Check –03, perform an

FPI for cracks in all 40 cooling air holes,

prior to accumulating 5,000 CIS since last FPI

or ECI, or within 250 CIS after the effective

date of this AD, whichever occurs later, in

accordance with PW Turbojet Engine

Standard Practices Manual, P/N 585005,

Chapter/Section 70–33, SPOP 84.

(4) Thereafter, perform FPI for cracks in all

40 cooling air holes at intervals not to exceed

5,000 CIS since last FPI, in accordance with

PW Turbojet Engine Standard Practices

Manual, P/N 585005, Chapter/Section 70–33,

SPOP 84.

(5) Prior to further flight, remove from

service cracked disks, and replace with

serviceable parts.

(b) For second stage HPT disks, P/N

5001802–01, or hub assembly, P/N 808242,

installed in PW JT9D–7R4D, –7R4D1, –7R4E,

and –7R4E1 (AI–500) engines, accomplish

the following:

(1) Disks that have not been fluorescent

penetrant inspected since introduction into

service, perform an initial FPI for cracks in

all 30 tie bolt holes in accordance with PW

SB No. JT9D–7R4–72–536, Revision 2, dated

April 30, 1998, as follows:

(i) Disks with 6,000 CSN or more on the

effective date of this AD, inspect within

2,000 CIS after the effective date of this AD.

(ii) Disks with less than 6,000 CSN on the

effective date of this AD, inspect prior to

accumulating 8,000 CSN.

(2) Disks that have been fluorescent

penetrant inspected since introduction into

service, perform an FPI for cracks in all 30

tie bolt holes, prior to accumulating 8,000

CIS since last FPI, or within 250 CIS after the

effective date of this AD, whichever occurs

later, in accordance with PW SB No. JT9D–

7R4–72–536, Revision 2, dated April 30,

1998.

(3) Thereafter, perform FPI for cracks in all

30 tie bolt holes at intervals not to exceed

8,000 CIS since last FPI, in accordance with

PW SB No. JT9D–7R4–72–536, Revision 2,

dated April 30, 1998.

(4) Prior to further flight, remove from

service cracked disks, and replace with

serviceable parts.

(c) Report findings of cracked turbine disks

within 10 working days after inspection to

Tara Goodman, Aerospace Engineer, Engine

Certification Office, FAA, Engine and

Propeller Directorate, 12 New England

Executive Park, Burlington, MA 01803–5299;

telephone (781) 238–7130, fax (781) 238–

7199, Internet: ‘‘Tara.Goodman@faa.dot.gov’’.

Reporting requirements have been approved

by the Office of Management and Budget and

assigned OMB control number 2120–0056.

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Engine

Certification Office. Operators shall submit

their requests through an appropriate FAA

Principal Maintenance Inspector, who may

add comments and then send it to the

Manager, Engine Certification Office.

Note 2: Information concerning the

existence of approved alternative method of

compliance with this AD, if any, may be

obtained from the Engine Certification Office.

(e) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the aircraft to

a location where the requirements of this AD

can be accomplished.

(f) The inspections shall be done in

accordance with the following PW SB:

Document Number Pages Revision Date

JT9D–7R4–72–536 .......................................................................................................... 1 2 .................... April 30, 1998.

2 Original ......... February 28, 1997.

3, 4 2 .................... April 30, 1998.

5, 6 Original ......... February 28, 1997.

7 2 .................... April 30, 1998.

8–10 1 .................... October 13, 1997.

Total pages: 10.

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 Pratt & Whitney, 400 Main St., East

Hartford, CT 06108; telephone (860) 565–

6600, fax (860) 565–4503. Copies may be

inspected at the FAA, New England Region,

Office of the Regional 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.

(g) This amendment becomes effective on

July 29, 1998.

Issued in Burlington, Massachusetts, on

July 6, 1998.

Jay J. Pardee,

Manager, Engine and Propeller Directorate,

Aircraft Certification Service.

[FR Doc. 98–18649 Filed 7–10–98; 9:33 am]

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 740, 746, and 774

[Docket No. 980522136–8136–01]

RIN 0694–AB69

Exports to the Federal Republic of

Yugoslavia (Serbia and Montenegro);

Imposition of Foreign Policy Controls

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Final rule.

SUMMARY: Reacting to the use of

excessive force by Serbian police forces

against civilians in Kosovo, as well as

acts of violence by the Kosovar

Albanian extremists and fulfilling

United States obligations to implement

an international arms embargo

mandated by the United Nations

Security Council, the United States has

banned the sale and supply of arms and

related mate ́riel of all types to the

Federal Republic of Yugoslavia (Serbia

and Montenegro). To supplement the

State Department controls on items on

the U.S. Munitions List, the Bureau of

Export Administration (BXA) is

designating certain items on the

Commerce Control List (CCL) that are

subject to the arms embargo and

establishing a policy of denial to the

Federal Republic of Yugoslavia (Serbia

and Montenegro) on such items. No

embargoed items may be exported to the

Federal Republic of Yugoslavia (Serbia

and Montenegro) under any License

Exception, including shipments of

limited value (LVS).

In addition, this rule makes certain

editorial revisions to the Export
37768 Federal Register / Vol. 63, No. 134 /Tuesday, July 14, 1998 /Rules and Regulations

Administration Regulations relating to

embargoes and other special controls.

EFFECTIVE DATE: This rule is effective

July 14, 1998.

FOR FURTHER INFORMATION CONTACT:

Patricia Muldonian, Regulatory Policy

Division, Bureau of Export

Administration, Telephone: (202) 482–

2440.

SUPPLEMENTARY INFORMATION:

Background

In Resolution 1160 of March 31, 1998,

the United Nations Security Council

(UNSC) directs all member states to

prohibit the sale or supply to the

Federal Republic of Yugoslavia,

including Kosovo, by their nationals or

from their territories or using their flag

vessels and aircraft, of arms and related

mate ́riel of all types, such as weapons

and ammunition, military vehicles and

equipment, and spare parts for the

aforementioned and to prevent arming

and training for terrorist activities there.

Therefore, consistent with the UNSC

Resolution 1160, the Bureau of Export

Administration is imposing new license

requirements and a policy of denial on

arms-related items and certain other

items on the Commerce Control List that

could be used for terrorist activities or

to repress the civilian population. These

items include shotguns, ammunition,

military vehicles, equipment for

production of military explosives,

bulletproof vests, night vision

equipment, crime and crowd control

equipment, and items that may be used

to arm and train individuals for terrorist

activities. Many of these items are

already subject to license application

requirements under the Export

Administration Regulations for export to

the Federal Republic of Yugoslavia

(Serbia and Montenegro). However, this

action imposes export license

requirements on additional items, such

as water cannons.

Executive Order 12918 of May 26,

1994 delegates authority, inter alia,

under section 5 of the United Nations

Participation Act, 22 U.S.C. 287c, to

take such actions as may be necessary

to carry out this arms embargo against

the Federal Republic of Yugoslavia

(Serbia and Montenegro) to the

Secretary of Commerce and the

Secretary of State, for the types of arms

and related mate ́riel that come under

their respective jurisdictions. To carry

out this delegation to the Secretary of

Commerce, the Bureau of Export

Administration (BXA) sets forth the

policies in § 746.9 of the EAR and

designates certain items on the

Commerce Control List (CCL) that are

subject to the arms embargo and a

policy of denial to the Federal Republic

of Yugoslavia (Serbia and Montenegro),

effective July 14, 1998. The Department

of State has maintained a denial policy

against issuing licenses or other

authorizations for defense articles and

services to the Federal Republic of

Yugoslavia (Serbia and Montenegro)

since 1991. This action is taken

consistent with the provisions of the

EAA and after consultation with the

Secretary of State. BXA submitted a

foreign policy report to the Congress

indicating the imposition of new foreign

policy controls on June 30, 1998.

Although the Export Administration

Act (EAA) expired on August 20, 1994,

the President invoked the International

Emergency Economic Powers Act and

continued in effect the EAR, and to the

extent permitted by law, the provisions

of the EAA in Executive Order 12924 of

August 19, 1994, as extended by the

President’s notices of August 15, 1995

(60 FR 42767), 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. This rule involves a collection of

information subject to the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.). These collections have been

approved by the Office of Management

and Budget under control number 0694–

0088. Not withstanding any other

provision of law, no person is required

to respond 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.

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. 553 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 Patricia Muldonian,

Regulatory Policy Division, Bureau of

Export Administration, Department of

Commerce, P.O. Box 273, Washington,

DC 20044.

List of Subjects

15 CFR Part 740

Administrative practice and

procedure, Exports, Foreign trade,

Reporting and recordkeeping

requirements.

15 CFR Part 746

Embargoes, Exports, Foreign trade,

Reporting and recordkeeping

requirements.

15 CFR Part 774

Exports, Foreign trade, Reporting and

recordkeeping requirements.

Accordingly, parts 740, 746, and 774

of the Export Administration

Regulations (15 CFR parts 730–799) are

amended as follows:

1. The authority citation for part 740

is revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50

U.S.C. 1701 et seq.; E.O. 12924, 3 CFR, 1994

Comp., p. 917; E.O. 13020, 3 CFR, 1996

Comp. p. 219; E.O. 13026, 3 CFR, 1996

Comp., p. 228; Notice of August 13, 1997 (62

FR 43629, August 15, 1997).

2. The authority citation for part 746

is revised to read as follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50

U.S.C. 1701 et seq.; 22 U.S.C. 287c, 6004;

E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp.,

p. 899; E.O. 12924, 3 CFR, 1994 Comp., p.

917; Notice of August 13, 1997 (62 FR 43629,

August 15, 1997).

3. The authority citation for part 774

is revised 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, 7430(e);

18 U.S.C. 2510 et seq.; 22 U.S.C. 287c, 3201

et seq., 6004; 30 U.S.C. 185(u); 42 U.S.C.

2139a, 6212; 43 U.S.C. 1354; 46 U.S.C. app.

466c; 50 U.S.C. app. 5; Sec. 201, Pub. L. 104–

58, 109 Stat. 557 (30 U.S.C. 185(s)); E.O.

12924, 3 CFR, 1994 Comp., p. 917; E.O.

13020, 3 CFR, 1996 Comp. p. 219; E.O.

13026, 3 CFR, 1996 Comp., p. 228; Notice of

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

1997).

PART 740—[AMENDED]

4. Supplement No. 1 to part 740 is

amended by revising Country Group E,

to read as follows:
Federal Register / Vol. 63, No. 134 /Tuesday, July 14, 1998 /Rules and Regulations 37769

Supplement No. 1 to Part 740

* * * * *

Country Group E

Country [E:1] UN

embargo

[E–2] unilateral

embargo

Angola ....................... X ................

Cuba .......................... ................ X

Iraq ............................ X ................

Korea, North .............. ................ X

Libya .......................... X X

Rwanda ..................... X ................

Serbia & Montenegro X ................

PART 746—[AMENDED]

5. Section 746.8 is amended by

revising paragraph (b)(1)(ii) to read as

follows:

§ 746.8 Rwanda.

* * * * *

(b) * * * (1) * * *

(ii) Items described by ECCNs ending

in ‘‘018’’; and 0A982, 0A984, 0A985,

0A986, 0A988, 0B986, 0E984, 1A005,

5A980, 6A002.a.1, a.2, a.3 and c,

6A003.b.3 and b.4, 6E001, 6E002, and

9A991.a.

* * * * *

6. A new section 746.9 is added to

read as follows:

§ 746.9 The Federal Republic of

Yugoslavia (Serbia and Montenegro).

Under Resolution 1160 of March 31,

1998, the United Nations Security

Council (UNSC) directs all member

states to prevent the sale or supply to

the Federal Republic of Yugoslavia,

including Kosovo, by their nationals or

from their territories or using their flag

vessels and aircraft, of arms and related

mate ́riel of all types, such as weapons

and ammunition, military vehicles and

equipment and spare parts for the

aforementioned, and to prevent the

arming and training for terrorist

activities there. Executive Order 12918

of May 26, 1994 (3 CFR, 1994 Comp., p.

899) authorizes the Secretary of State

and the Secretary of Commerce, under

section 5 of the United Nations

Participation Act and other authorities

available to the respective Secretaries, to

take all actions necessary to implement

any arms embargo mandated by

resolution of the United Nations

Security Council.

(a) License requirements. Under

Executive Order 12918 of May 26, 1994,

and in conformity with United Nations

Security Council (UNSC) Resolution

1160 of March 31, 1998, an embargo

applies to the sale or supply to the

Federal Republic of Yugoslavia,

including Kosovo, of arms and related

mate ́riel of all types and regardless of

origin, such as weapons and

ammunition, military vehicles and

equipment, and spare parts for such

items. You will therefore need a license

for the sale, supply or export to the

Federal Republic of Yugoslavia (Serbia

and Montenegro) from the United States

of embargoed items, as listed in

paragraphs (a)(1) (i) and (ii) of this

section. You will also need a license for

the sale, supply, export or reexport to

the Federal Republic of Yugoslavia

(Serbia and Montenegro) of such items

by any United States person in any

foreign country or other location.

(Reexport controls imposed by this

embargo apply only to reexports by U.S.

persons. Reexport controls on U.S.-

origin items to the Federal Republic of

Yugoslavia (Serbia and Montenegro) set

forth in other parts of the EAR remain

in effect.) You will also need a license

for the use of any U.S.-registered aircraft

or vessel to supply or transport to the

Federal Republic of Yugoslavia (Serbia

and Montenegro) any such items. These

requirements apply to embargoed items,

regardless of origin.

(i) Crime Control and Detection

Equipment as identified on the CCL

under CC Columns No. 1, 2 or 3 in the

Country Chart column of the ‘‘License

Requirements’’ section of the applicable

ECCN.

(ii) Items described by ECCNs ending

in ‘‘018’’; and 0A982, 0A984, 0A985,

0A986, 0A988, 0A989, 0B986, 0E984,

1A005, 1C998, 2A993, 6A002.a.1, a.2,

a.3, b and c, 6A003.b.3 and b.4, 6E001,

6E002, and 9A991.a.

(2) Date of embargo. The licensing

requirements in this section are effective

on July 14, 1998.

(b) Licensing policy. Applications for

export or reexport of all items listed in

paragraphs (a)(1)(i) and (ii) of this

section are subject to a general policy of

denial. Consistent with United Nations

Security Council Resolution 1160, this

embargo is effective notwithstanding the

existence of any rights or obligations

conferred or imposed by any

international agreement or any contract

entered into or any license or permit

granted prior to July 14, 1998, except to

the extent provided in regulations,

orders, directives or licenses that may

be issued in the future under Executive

Order 12918 or under the EAR.

(c) Related controls. The Department

of State, Office of Defense Trade

Controls, maintains related controls on

arms and military equipment under the

International Traffic in Arms

Regulations (22 CFR parts 120–130).

You should also contact the Department

of the Treasury’s Office of Foreign

Assets Control concerning any

restrictions which might apply to U.S.

persons involving financial transactions

with the Federal Republic of Yugoslavia

(Serbia and Montenegro).

Supplement No. 3 to Part 746 [Removed

and Reserved]

7. Supplement No. 3 to part 746 is

removed and reserved.

PART 774—[AMENDED]

Supplement No. 1 to Part 774—

[Amended]

8. In Category 0—Nuclear Materials,

Facilities, and Equipment [and

Miscellaneous Items], the following

Export Control Classification Numbers

(ECCNs) are amended:

a. By revising the ‘‘License

Requirements’’ section and the ‘‘License

Exceptions’’ section for ECCN 0A018;

b. By revising the entry heading and

the ‘‘License Requirements’’ section for

ECCN 0A982;

c. By revising the ‘‘License

Requirements’’ section for ECCNs

0A984, 0A985, 0A986, 0A988, 0B986

and 0E984;

d. By adding a new entry for 0A989;

and

e. By revising the ‘‘License

Requirements’’ section and the ‘‘License

Exceptions’’ section for ECCN 0E108, to

read as follows:

0A018 Items on the International

Munitions List.

License Requirements

Reason for Control: NS, AT, UN

Control(s) Country chart

NS applies to entire

entry.

NS Column 1.

AT applies to entire

entry.

AT Column 1.

UN applies to entire

entry.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

License Exceptions

LVS: $1,500, except $0 for Rwanda

and the Federal Republic of Yugoslavia

(Serbia and Montenegro)

GBS: N/A

CIV: N/A

* * * * *

0A982 Saps; thumbcuffs, leg irons,

shackles, and handcuffs; straight

jackets, plastic handcuffs, conventional

steel military helmets, police helmets

and shields; and parts and accessories,

n.e.s.

License Requirements

Reason for Control: CC, UN
37770 Federal Register / Vol. 63, No. 134 /Tuesday, July 14, 1998 /Rules and Regulations

Control(s) Country chart

CC applies to entire

entry.

CC Column 1.

UN applies to entire

entry.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

* * * * *

0A984 Shotguns, barrel length 18

inches (45.72 cm) inches or over;

buckshot shotgun shells; except

equipment used exclusively to treat or

tranquilize animals, and except arms

designed solely for signal, flare, or

saluting use; and parts, n.e.s.

License Requirements

Reason for Control: CC, UN

Control(s) Country chart

CC applies to shotguns with a barrel

length over 18 in.

(45.72 cm) but less

than 24 in. (60.96

cm) or buckshot

shotgun shells controlled by this entry,

regardless of enduser.

CC Column 1.

CC applies to shotguns with a barrel

length greater than

or equal to 24 in.

(60.96 cm), regardless of end-user.

CC Column 2.

CC applies to shotguns with a barrel

length greater than

or equal to 24 in.

(60.96 cm) if for

sale or resale to

police or law enforcement.

CC Column 3.

UN applies to entire

entry.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

* * * * *

0A985 Optical sighting devices for

firearms (including shotguns controlled

by 0A984); discharge type arms (for

example, stun guns, shock batons,

electric cattle prods, immobilization

guns and projectiles, etc.) except

equipment used exclusively to treat or

tranquilize animals, and except arms

designed solely for signal, flare, or

saluting use; and parts, n.e.s.

License Requirements

Reason for Control: CC, UN

Control(s) Country chart

CC applies to entire

entry.

CC Column 1.

Control(s) Country chart

UN applies to entire

entry.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

* * * * *

0A986 Shotgun shells, except

buckshot shotgun shells, and parts.

License Requirements

Reason for Control: UN

UN applies to entire entry. A license

is required for items controlled by this

entry to Rwanda and the Federal

Republic of Yugoslavia (Serbia and

Montenegro). The Commerce Country

Chart is not designed to determine

licensing requirements for this entry.

See part 746 of the EAR for additional

information.

* * * * *

0A988 Conventional military steel

helmets as described by 0A018.f.1; and

machetes.

License Requirements

Reason for Control: UN

Controls(s)

UN applies to entire entry. A license

is required for conventional military

steel helmets as described by 0A018.f.1

to Rwanda and the Federal Republic of

Yugoslavia (Serbia and Montenegro). A

license is required for machetes to

Rwanda. The Commerce Country Chart

is not designed to determine licensing

requirements for this entry. See part 746

of the EAR for additional information.

* * * * *

0A989 Water cannon and specially

designed components for water cannon.

License Requirements

Reason for Control: UN

Control(s)

UN applies to entire entry. A license

is required for items controlled by this

entry to the Federal Republic of

Yugoslavia (Serbia and Montenegro).

The Commerce Country Chart is not

designed to determine licensing

requirements for this entry. See § 746.9

of the EAR for additional information.

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: The list of items controlled is

contained in the ECCN heading.

0B986 Equipment specially designed

for manufacturing shotgun shells; and

ammunition hand-loading equipment

for both cartridges and shotgun shells.

License Requirements

Reason for Control: UN

Control(s)

UN applies to entire entry. A license

is required for items controlled by this

entry to Rwanda and the Federal

Republic of Yugoslavia (Serbia and

Montenegro). The Commerce Country

Chart is not designed to determine

licensing requirements for this entry.

See part 746 of the EAR for additional

information.

* * * * *

0E018 ‘‘Technology’’ for the

‘‘development’’, ‘‘production’’, or ‘‘use’’

of items controlled by 0A018.b through

0A018.e.

License Requirements

Reason for Control: NS, UN, AT

Control(s) Country chart

NS applies to entire

entry.

NS Column 1.

UN applies to entire

entry.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

AT applies to entire

entry.

AT Column 1.

License Exceptions

CIV: N/A

TSR: Yes, except N/A for Rwanda and

the Federal Republic of Yugoslavia

(Serbia and Montenegro)

* * * * *

0E984 ‘‘Technology’’ for the

‘‘development’’ or ‘‘production’’ of

shotguns controlled by 0A984 and

buckshot shotgun shells.

License Requirements

Reason for Control: CC, UN

Control(s) Country chart

CC applies to ‘‘technology’’ for shotguns with a barrel

length over 18 in.

(45.72 cm) but less

than 24 in. (60.96

cm) and shotgun

shells, regardless of

end-user.

CC Column 1.
Federal Register / Vol. 63, No. 134 /Tuesday, July 14, 1998 /Rules and Regulations 37771

Control(s) Country chart

CC applies to ‘‘technology’’ for shotguns with a barrel

length greater than

or equal to 24 in.

(60.96 cm), regardless of end-user.

CC Column 2.

CC applies to ‘‘technology’’ for shotguns with a barrel

length greater than

or equal to 24 in.

(60.96 cm) if for

sale or resale to

police or law enforcement.

CC Column 3.

UN applies to entire

entry.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

* * * * *

9. In Category 1—Materials,

Chemicals, ‘‘Microorganisms’’ &

‘‘Toxins’’, the following Export Control

Classification Numbers (ECCNs) are

amended:

a. By revising the ‘‘License

Requirements’’ section for ECCNs

1A005 and 1D018;

b. By adding a new entry for 1C998;

and

c. By revising the ‘‘License

Requirements’’ section and the ‘‘License

Exceptions’’ section for ECCNs 1B018

and 1C018, to read as follows:

1A005 Body armor, and specially

designed components therefor, not

manufactured to military standards or

specifications, nor to their equivalents

in performance.

License Requirements

Reason for Control: NS, AT, UN

Control(s) Country chart

NS applies to entire

entry.

NS Column 2.

AT applies to entire

entry.

AT Column 1.

UN applies to entire

entry.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

* * * * *

1B018 Equipment on the International

Munitions List.

License Requirements

Reason for Control: NS, MT, RS, AT,

UN

Control(s) Country chart

NS applies to entire

entry.

NS Column 1.

Control(s) Country chart

MT applies to equipment for the ‘‘production’’ of rocket

propellants.

MT Column 1.

RS applies to

1B018.a.

RS Column 2.

AT applies to entire

entry.

AT Column 1.

UN applies to entire

entry.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

License Exceptions

LVS: $3000 for 1B018.a for countries

WITHOUT an ‘‘X’’ in RS Column 2 on

the Country Chart contained in

Supplement No. 1 to part 738 of the

EAR $5000 for 1B018.b N/A for Rwanda

and the Federal Republic of Yugoslavia

(Serbia and Montenegro)

GBS: N/A

CIV: N/A

* * * * *

1C018 Materials on the International

Munitions List.

License Requirements

Reason for Control: NS, AT, UN

Control(s) Country chart

NS applies to entire

entry.

NS Column 1.

AT applies to entire

entry.

AT Column 1.

UN applies to entire

entry.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

License Exceptions

LVS: $3000, except N/A for Rwanda

and the Federal Republic of Yugoslavia

(Serbia and Montenegro)

GBS: Yes for items listed in Advisory

Note to 1C018, except N/A for Rwanda

and the Federal Republic of Yugoslavia

(Serbia and Montenegro)

CIV: N/A

* * * * *

1C998 Detonation cords and

equipment and explosive material

(n.e.s).

License Requirements

Reason for Control: UN

Control(s) Country chart

UN applies to entire

entry.

Federal Republic of

Yugoslavia (Serbia

and Montenegro).

License Exceptions

LVS: N/A

GBS: N/A

CIV: N/A

List of Items Controlled

Unit: $ value

Related Controls: N/A

Related Definitions: Items contained

in this entry are those materials other

than materials subject to the licensing

authority of the U.S. Department of

State, Office of Defense Trade Controls

(see 22 CFR part 121) and ECCN 1C018.

Items: The list of items controlled is

contained in the ECCN heading.

1D018 ‘‘Software’’ specially designed

or modified for the ‘‘development’’,

‘‘production’’, or ‘‘use’’ of items

controlled by 1B018.

License Requirements

Reason for Control: NS, MT, AT, UN

Control(s) Country chart

NS applies to entire

entry.

NS Column 1.

MT applies to ‘‘software’’ for the ‘‘development’’, ‘‘production’’, or ‘‘use’’

of items controlled

by 1B018 for MT

reasons.

MT Column 1.

AT applies to entire

entry.

AT Column 1.

UN applies to entire

entry.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

* * * * *

10. In Category 2—Materials

Processing, Export Control

Classification Numbers (ECCNs) are

amended:

a. By revising the ‘‘License

Requirements’’ section for ECCN 2A993;

and

b. By revising the ‘‘License

Requirements’’ section and the ‘‘License

Exceptions’’ sections for ECCNs 2B018,

2D018, and 2E018, to read as follows:

2A993 Explosive detection systems,

consisting of an automated device, or

combination of devices, with the ability

to detect the presence of different types

of explosives, in passenger checked

baggage, without need for human skill,

vigilance, or judgment.

License Requirements

Reason for Control: AT, UN

Control(s) Country chart

AT applies to entire

entry.

AT Column 1.

UN applies to entire

entry.

Federal Republic of

Yugoslavia (Serbia

and Montenegro).

* * * * *
37772 Federal Register / Vol. 63, No. 134 /Tuesday, July 14, 1998 /Rules and Regulations

2B018 Equipment on the International

Munitions List.

License Requirements

Reason for Control: NS, MT, RS, AT,

UN.

Control(s) Country chart

NS applies to entire

entry.

NS Column 1.

MT applies to specialized machinery,

equipment, and

gear for producing

rocket systems (including ballistic missile systems, space

launch vehicles,

and sounding rockets) and unmanned

air vehicle systems

(including cruise

missile systems,

target drones, and

reconnaissance

drones) usable in

systems that are

controlled for MT

reasons including

their propulsion

systems and components, and

pyrolytic deposition

and densification

equipment.

MT Column 1.

RS applies to entire

entry.

RS Column 2.

AT applies to entire

entry.

AT Column 1.

UN applies to entire

entry.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

License Exceptions

LVS: $3000, except N/A for Rwanda

and the Federal Republic of Yugoslavia

(Serbia and Montenegro).

GBS: Yes for Advisory Note in this

entry to 2B018, except N/A for Rwanda

and the Federal Republic of Yugoslavia

(Serbia and Montenegro).

CIV: N/A

* * * * *

2D018 ‘‘Software’’ for the

‘‘development’’, ‘‘production’’ or ‘‘use’’

of equipment controlled by 2B018.

License Requirements

Reason for Control: NS, MT, AT, UN.

Control(s) Country chart

NS applies to entire

entry.

NS Column 1.

MT applies to ‘‘software’’ for equipment controlled by

2B018 for MT reasons.

MT Column 1.

Control(s) Country chart

AT applies to entire

entry.

AT Column 1.

UN applies to entire

entry.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

License Exceptions

CIV: N/A

TSR: Yes, except N/A for Rwanda and

the Federal Republic of Yugoslavia

(Serbia and Montenegro)

* * * * *

2E018 ‘‘Technology’’ for the ‘‘use’’ of

equipment controlled by 2B018.

License Requirements

Reason for Control: NS, MT, AT, UN

Control(s) Country chart

NS applies to entire

entry.

NS Column 1.

MT applies to ‘‘technology’’ for equipment controlled by

2B018 for MT reasons.

MT Column 1.

AT applies to entire

entry.

AT Column 1.

UN applies to entire

entry.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

License Exceptions

CIV: N/A

TSR: Yes, except N/A for Rwanda and

the Federal Republic of Yugoslavia

(Serbia and Montenegro)

* * * * *

11. In Category 6—Sensors and

Lasers, the following Export Control

Classification Numbers (ECCNs) are

amended:

a. By revising the ‘‘License

Requirements’’ section for ECCNs

6A002, and 6A003;

b. By revising the entry heading and

the ‘‘License Requirements’’ section for

ECCNs 6E001 and 6E002; and

c. By revising the ‘‘License

Requirement’’ section and the ‘‘License

Exceptions’’ section for ECCN 6A018, to

read as follows:

6A002 Optical sensors.

License Requirements

Reason for Control: NS, MT, CC, RS,

AT, UN

Control(s) Country chart

NS applies to entire

entry.

NS Column 2.

Control(s) Country chart

MT applies to optical

detectors in

6A002.a.1, a.3, and

.e that are specially

designed or rated

as electromagnetic

(including ‘‘lasers’’)

and ionized particle

radiation resistant.

MT Column 1.

RS applies to

6A002.a.1, a.2, a.3

and .c.

RS Column 1.

CC applies to policemodel infrared

viewers in 6A002.c.

CC Column 1,

AT applies to entire

entry.

AT Column 1.

UN applies to

6A002.a.1, a.2 a.3,

and c.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

UN applies to

6A002.b.

Federal Republic of

Yugoslavia (Serbia

and Montenegro).

LICENSE REQUIREMENT NOTES: See

§ 743.1 of the EAR for reporting

requirements for exports under License

Exceptions.

* * * * *

6A003 Cameras.

License Requirements

Reason for Control: NS, NP, RS, AT,

UN

Control(s) Country chart

NS applies to entire

entry.

NS Column 2.

NP applies to items

controlled in paragraphs 6A003.a.2,

a.3 and a.4.

NP Column 1.

RS applies to items

controlled in

6A003.b.3 and b.4.

RS Column 1.

AT applies to entire

entry.

AT Column 1.

UN applies to items

controlled in

6A003.b.3 and b.4.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

* * * * *

6A018 Magnetic, pressure, and

acoustic underwater detection devices

specially designed for military purposes

and controls and components therefor.

License Requirements

Reason for Control: NS, AT, UN

Control(s) Country chart

NS applies to entire

entry.

NS Column 1.

AT applies to entire

entry.

AT Column 1.
Federal Register / Vol. 63, No. 134 /Tuesday, July 14, 1998 /Rules and Regulations 37773

Control(s) Country chart

UN applies to entire

entry.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

License Exceptions

LVS: $5000, except N/A for Rwanda

and the Federal Republic of Yugoslavia

(Serbia and Montenegro)

GBS: N/A

CIV: N/A

* * * * *

6E001 ‘‘Technology’’ according to the

General Technology Note for the

‘‘development’’ of equipment, materials

or ‘‘software’’ controlled by 6A (except

6A991, 6A992, 6A994, 6A995, 6A996,

6A997 or 6A998), 6B (except 6B995), 6C

(except 6C992 or 6C994) or 6D (except

6D991, 6D992, or 6D993).

License Requirements

Reason for Control: NS, MT, NP, RS,

CC, AT, UN

Control(s) Country chart

NS applies to ‘‘technology’’ for items

controlled by 6A001

to 6A008, 6B004 to

6B008, 6C002 to

6C005, or 6D001 to

6D003.

NS Column 1.

MT applies to ‘‘technology’’ for items

controlled by

6A002, 6A007,

6A008, 6A102,

6A107, 6A108,

6B008, 6B108,

6D001, 6D002,

6D102 or 6D103 for

MT reasons.

MT Column 1.

NP applies to ‘‘technology’’ for equipment controlled by

6A003, 6A005,

6A202, 6A203,

6A205, 6A225 or

6A226 for NP reasons.

NP Column 2.

RS applies to ‘‘technology’’ for equipment controlled by

6A002 or 6A003 for

RS reasons.

RS Column 1.

CC applies to ‘‘technology’’ for equipment controlled by

6A002 for CC reasons.

CC Column 1.

AT applies to entire

entry.

AT Column 1.

UN applies to ‘‘technology’’ for equipment controlled by

6A002 or 6A003 for

UN reasons..

Rwanda; Federal Republic of Yugoslavia reasons

(Serbia and Montenegro).

License Requirement Notes: See

§ 743.1 of the EAR for reporting

requirements for exports under License

Exceptions.

* * * * *

6E002 ‘‘Technology’’ according to the

General Technology Note for the

‘‘production’’ of equipment or materials

controlled by 6A (except 6A991, 6A992,

6A994, 6A995, 6A996, 6A997 or 6A998),

6B (except 6B995), or 6C (except 6C992

or 6C994).

License Requirements

Reason for Control: NS, MT, NP, RS,

AT, CC, UN

Control(s) Country chart

NS applies to ‘‘technology’’ for equipment controlled by

6A001 to 6A008,

6B004 to 6B008, or

6C002 to 6C005.

NS Column 1.

MT applies to ‘‘technology’’ for equipment controlled by

6A002, 6A007,

6A008, 6A102,

6A107, 6A108,

6B008, or 6B108

for MT reasons.

MT Column 1.

NP applies to ‘‘technology’’ for equipment controlled by

6A003, 6A005,

6A202, 6A203,

6A205, 6A225 or

6A226 for NP reasons.

NP Column 1.

RS applies to ‘‘technology’’ for equipment controlled by

6A002 or 6A003 for

RS reasons.

RS Column 1.

CC applies to ‘‘technology’’ for equipment controlled by

6A002 for CC reasons.

CC Column 1.

AT applies to entire

entry.

AT Column 1.

UN applies to ‘‘technology’’ for equipment controlled by

6A002 or 6A003 for

UN reasons.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

License Requirement Notes: See

§ 743.1 of the EAR for reporting

requirements for exports under License

Exceptions.

* * * * *

12. In Category 8—Marine, Export

Control Classification Number (ECCN)

8A018 is amended by revising the

‘‘License Requirements’’ section and the

‘‘License Exceptions’’ section to read as

follows:

8A018 Items on the International

Munitions List.

License Requirements

Reason for Control: NS, AT, UN

Control(s) Country chart

NS applies to entire

entry.

NS Column 1.

AT applies to entire

entry.

AT Column 1.

UN applies to entire

entry.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

License Exceptions

LVS: $5000, except N/A for Rwanda

and the Federal Republic of Yugoslavia

(Serbia and Montenegro)

GBS: N/A

CIV: N/A

* * * * *

13. In Category 9—Propulsion

Systems, Space Vehicles and Related

Equipment, the following Export

Control Classification Number (ECCNs)

are amended:

a. By revising the ‘‘License

Requirements’’ section and ‘‘License

Exceptions’’ section for ECCN 9A018;

and

b. By revising the ‘‘License

Requirements’’ section for ECCN 9A991,

9D018 and 9E018, to read as follows:

9A018 Equipment on the International

Munitions List.

License Requirements

Reason for Control: NS, RS, AT, UN

Control(s) Country chart

NS applies to entire

entry.

NS Column 1.

RS applies to

9A018.a and b.

RS Column 2.

AT applies to entire

entry.

AT Column 1.

UN applies to entire

entry

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

License Exceptions

LVS: $1500, except N/A for Rwanda

and for the Federal Republic of

Yugoslavia (Serbia and Montenegro)

GBS: N/A

CIV: N/A

* * * * *

9A991 ‘‘Aircraft’’, n.e.s., and gas

turbine engines not controlled by 9A001

or 9A101 and parts and components,

n.e.s.

License Requirements

Reason for Control: AT, UN
37774 Federal Register / Vol. 63, No. 134 /Tuesday, July 14, 1998 /Rules and Regulations

Control(s) Country chart

AT applies to entire

entry.

AT Column 1.

UN applies to

9A991.a.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

* * * * *

9D018 ‘‘Software’’ for the ‘‘use’’ of

equipment controlled by 9A018.

License Requirements

Reason for Control: NS, RS, AT, UN

Control(s) Country chart

NS applies to entire

entry.

NS Column 1.

RS applies to

9A018.a and .b.

RS Column 2.

AT applies to entire

entry.

AT Column 1.

UN applies to entire

entry.

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

* * * * *

9E018 ‘‘Technology’’ for the

‘‘development’’, ‘‘production’’, or ‘‘use’’

of equipment controlled by 9A018.

License Requirements

Reason for Control: NS, RS, AT, UN

Control(s) Country chart

NS applies to entire

entry.

NS Column 1.

RS applies to

9A018.a and .b.

RS Column 2.

AT applies to entire

entry.

AT Column 1.

UN applies to entire

entry

Rwanda; Federal Republic of Yugoslavia (Serbia and

Montenegro).

* * * * *

Dated: July 2, 1998.

Iain S. Baird,

Acting Assistant Secretary for Export

Administration.

[FR Doc. 98–18417 Filed 7–13–98; 8:45 am]

BILLING CODE 3510–DT–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 948

[WV–078–FOR]

West Virginia Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule.

SUMMARY: OSM is approving the

clarification of three final rule

decisions, the removal of a required

amendment, and the vacating of its

retroactive approval of amendments to

the West Virginia permanent regulatory

program (hereinafter referred to as the

West Virginia program) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

clarifications concern West Virginia

statutes pertaining to administrative

appeals and the State Environmental

Quality Board, and the required

amendment pertains to termination of

jurisdiction. These actions are intended

to comply with a settlement agreement

reached in West Virginia Mining and

Reclamation Association (WVMRA) v.

Babbitt, No. 2: 96–0371 (S.D. W.Va.).

EFFECTIVE DATE: July 14, 1998.

FOR FURTHER INFORMATION CONTACT:

Mr. Roger W. Calhoun, Director,

Charleston Field Office, Telephone:

(304) 347–7158.

SUPPLEMENTARY INFORMATION:

I. Background on the Virginia Program

II. Submission of the Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the West Virginia

Program

On January 21, 1981, the Secretary of

the Interior conditionally approved the

West Virginia program. Background

information on the West Virginia

program, including the Secretary’s

findings, the disposition of comments,

and the conditions of the approval can

be found in the January 21, 1981,

Federal Register (46 FR 5915–5956).

Subsequent actions concerning the West

Virginia program and previous

amendments are codified at 30 CFR

948.10, 948.12, 948.13, 948.15, and

948.16.

II. Submission of the Amendment

In a series of three letters dated June

28, 1993, and July 30, 1993

(Administrative Record Nos. WV–888,

WV–889 and WV–893), the West

Virginia Division of Environmental

Protection (WVDEP) submitted an

amendment to its approved permanent

regulatory program that included

numerous revisions to the West Virginia

Surface Coal Mining and Reclamation

Act (referred to herein as ‘‘the Act’’,

WVSCMRA § 22A–3–1 et seq.) and the

West Virginia Surface Mining

Reclamation Regulations (CSR § 38–2–1

et seq.). OSM approved the proposed

revisions on durable rock fills on

August 16, 1995, (60 FR 42437–42443)

and approved, with exceptions, the

proposed revisions on bonding on

October 4, 1995, (60 FR 51900–51918).

OSM approved, with exceptions, the

remaining amendments on February 21,

1996, (61 FR 6511–6537). See 30 CFR

948.15 for the provisions that were

partially approved by OSM. See 30 CFR

948.16 for required amendments.

On April 18, 1996, the WVMRA, the

West Virginia Coal Association, and the

Tri-State Coal Operators Association,

Inc. filed an appeal, pursuant to section

526(a)(1) of SMCRA, 30 U.S.C.

1276(a)(1), challenging certain OSM

decisions contained in the February 21,

1996, Federal Register Notice, including

the decision to make approval of the

amendment retroactive. (Administrative

Record Number WV–1027). On October

29, 1997, the parties reached a

settlement agreement with respect to six

of the seven counts contained in the

above referenced case. (Administrative

Record Number WV–1077). The other

count, pertaining to the use of passive

treatment systems after final bond

release, was decided by the United

States District Court for the Southern

District of West Virginia in OSM’s favor.

See WVMRA v. Babbitt, No. 2: 96–0371

(S.D. W.Va. July 11, 1997)

(Administrative Record Number WV–

1072). OSM proposed this rulemaking

in order that it may fulfill its obligations

with respect to five of the six counts of

the appeal which are addressed by

settlement agreement. The remaining

count addressed in the settlement

agreement, pertaining to the

windrowing of materials on the

downslope in steep slope areas, is the

subject of another proposed rulemaking,

announced in the June 10, 1997, Federal

Register. See 62 FR 31543, 31545.

The proposed rulemaking was

published in the February 23, 1998,

Federal Register (63 FR 8891). No one

requested an opportunity to speak at a

public hearing, so none was held.

III. Director’s Findings

Set forth below, pursuant to SMCRA

and the Federal regulations at 30 CFR

732.15 and 732.17, are the Director’s