99-22768. Exports and Reexports of Commercial Charges and Devices Containing Energetic Materials  

  • [Federal Register Volume 64, Number 169 (Wednesday, September 1, 1999)]
    [Rules and Regulations]
    [Pages 47666-47669]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-22768]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    DEPARTMENT OF COMMERCE
    
    Bureau of Export Administration
    
    15 CFR Parts 742 and 774
    
    [Docket No. 990811214-9214-01]
    RIN 0694-AB79
    
    
    Exports and Reexports of Commercial Charges and Devices 
    Containing Energetic Materials
    
    AGENCY: Bureau of Export Administration, Commerce.
    
    ACTION: Interim rule with request for comments.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Bureau of Export Administration (BXA) maintains the 
    Commerce Control List (CCL), which identifies those items subject to 
    the Department of Commerce export controls. This interim rule amends 
    the CCL by revising and clarifying controls on certain commercial 
    charges and devices containing energetic materials commonly used in 
    mining and oil well development as well as in air bags and fire 
    extinguishers and also certain pyrotechnic/explosive devices, of the 
    type commonly used by the U.S. motion picture and television industry. 
    Specifically, this rule revises Export Control Classification Numbers 
    (ECCNs) 1C018 and 1C992 to better distinguish the types of charges and 
    explosive devices controlled by these entries and to provide clear 
    thresholds of control. Military explosive devices or charges that 
    utilize United States Munitions List (USML) controlled energetic 
    materials are subject to the export licensing authority of the 
    Department of State. In addition, individual USML controlled energetic 
    materials, even when compounded with other materials, are subject to 
    the export licensing authority of the Department of State, when not 
    incorporated into explosive devices or charges controlled by ECCNs 
    1C018 or 1C992. Commercial charges and devices containing energetic 
    materials that are not subject to the export licensing authority of the 
    Department of State or are not controlled by ECCN 1C018 are controlled 
    by ECCN 1C992 for anti-terrorism reasons.
        This rule removes ECCN 1C998. Items previously controlled by ECCN 
    1C998 have been moved to ECCN 1C992.
        In addition, this rule corrects an inadvertent error to License 
    Exception LVS for ECCN 0A018 that was published on July 14, 1998 (63 FR 
    37767).
    
    DATES: Effective Date: This rule is effective September 1, 1999.
    
    COMMENT DATES: Comments on this rule must be received on or before 
    October 18, 1999.
    
    ADDRESSES: Written comments on this rule should be sent to Hillary 
    Hess, Regulatory Policy Division, Bureau of Export Administration, 
    Department of Commerce, P.O. Box 273, Washington, DC 20044.
    
    FOR FURTHER INFORMATION CONTACT: Tanya Mottley, Director, Strategic 
    Trade Division, Bureau of Export Administration, Telephone: (202) 482-
    1837.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        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 Export Administration Regulations 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), August 
    13, 1997 (62 FR 43629), August 13, 1998 (63 FR 44121), and August 10, 
    1999 (64 FR 44101, August 13, 1999.
    
    Rulemaking Requirements
    
        1. This interim 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, nor shall any person be subject to a penalty for failure 
    to comply with a collection of information, subject to the Paperwork 
    Reduction Act (PRA), unless that collection of information displays a 
    currently valid OMB Control Number. This rule involves a collection of 
    information approved by the Office of Management and Budget under 
    control number 0694-0088, ``Multi-Purpose Application,'' which carries 
    a burden hour estimate of 45 minutes manually per submission and 40 
    minutes electronically, per submission. These estimates include the 
    time for reviewing instructions, searching existing data sources, 
    gathering and maintaining the data needed, and completing and reviewing 
    the collections of information. Send comments regarding these burden 
    estimates or any other aspect of these collections of information, 
    including suggestions for reducing the burden, to OMB Desk Officer, New 
    Executive Office Building, Washington, DC 20503; and to the Regulatory 
    Policy Division, Bureau of Export Administration, Department of
    
    [[Page 47667]]
    
    Commerce, P.O. Box 273, Washington, DC 20044 .
        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 interim 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.
        However, because of the importance of the issues raised by these 
    regulations, this rule is being issued in interim form and BXA will 
    consider comments in the development of the final regulations.
        Accordingly, the Department encourages interested persons who wish 
    to comment to do it at the earliest possible time to permit the fullest 
    consideration of their views.
        The period for submission of comments will close October 18, 1999. 
    The Department will consider all comments received before the close of 
    the comment period in developing final regulations. Comments received 
    after the end of the comment period will be considered if possible, but 
    their consideration cannot be assured. The Department will not accept 
    public comments accompanied by a request that a part or all of the 
    material be treated confidentially because of its business proprietary 
    nature or for any other reason. The Department will return such 
    comments and materials to the persons submitting the comments and will 
    not consider them in the development of final regulations. All public 
    comments on these regulations will be a matter of public record and 
    will be available for public inspection and copying. In the interest of 
    accuracy and completeness, the Department requires comments in written 
    form.
        Oral comments must be followed by written memoranda, which will 
    also be a matter of public record and will be available for public 
    review and copying. Communications from agencies of the United States 
    Government or foreign governments will not be available for public 
    inspection.
        The public record concerning these regulations will be maintained 
    in the Bureau of Export Administration Freedom of Information Records 
    Inspection Facility, Room 6883, Department of Commerce, 14th Street and 
    Pennsylvania Avenue, NW, Washington, DC 20230. Records in this 
    facility, including written public comments and memoranda summarizing 
    the substance of oral communications, may be inspected and copied in 
    accordance with regulations published in part 4 of Title 15 of the Code 
    of Federal Regulations. Information about the inspection and copying of 
    records at the facility may be obtained from Henry Gaston, Bureau of 
    Export Administration Freedom of Information Officer, at the above 
    address or by calling (202) 482-0500.
    
    List of Subjects
    
    15 CFR Part 742
    
        Exports, Foreign trade.
    
    15 CFR Part 774
    
        Exports, Foreign trade, Reporting and recordkeeping requirements.
    
        Accordingly, parts 742 and 774 of the Export Administration 
    Regulations (15 CFR parts 730-799) are amended as follows:
        1. The authority citation for part 742 is revised to read as 
    follows:
    
        Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
    18 U.S.C. 2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 
    E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 3 
    CFR, 1993 Comp., p. 608; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., 
    p. 917; E.O. 12938, 3 CFR, 1994 Comp., p. 950; 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); Notice of August 13, 
    1998 (63 FR 44121, August 13, 1998); and Notice of August 10, 1999 
    (64 FR 44101, August 13, 1999).
    
        2. The authority citation for 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. 720; 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; 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; E.O. 12924, 59 FR 43437, 3 CFR, 1994 
    Comp., p. 917; Notice of August 15, 1995, 60 FR 42767, 3 CFR, 1995 
    Comp., p. 501; Notice of August 14, 1996, 61 FR 42527, 3 CFR, 1996 
    Comp., p. 298; Notice of August 13, 1997, 62 FR 43629, 3 CFR, 1997 
    Comp. p. 306; Notice of August 13, 1998, 63 FR 44121, 3 CFR, 1998 
    Comp. p. 294; and Notice of August 10, 1999 (64 FR 44101, August 13, 
    1999).
    
    PART 742--[AMENDED]
    
        3. Section 742.9 is amended by adding a new paragraph (b)(1)(vii), 
    to read as follows:
    
    
    Sec. 742.9  Anti-terrorism: Syria
    
    * * * * *
        (b) * * *
        (1) * * *
        (vii) Commercial charges and devices controlled under ECCN 1C992.
    * * * * *
        4. Section 742.10 is amended by adding a new paragraph (b)(1)(vii), 
    to read as follows:
    
    
    Sec. 742.10  Anti-terrorism: Sudan
    
    * * * * *
        (b) * * *
        (1) * * *
        (vii) Commercial charges and devices controlled under ECCN 1C992.
    * * * * *
    
    PART 774--[AMENDED]
    
        5. In Supplement No. 1 to part 774, the Commerce Control List, 
    Category 0 (Nuclear Materials, Facilities, and Equipment [and 
    Miscellaneous Items]), Export Control Classification Number (ECCN) 
    0A018 is amended by revising the License Exceptions section to read as 
    follows:
    
    
    0A018  Items on the International Munitions List.
    
    * * * * *
    
    LICENSE EXCEPTIONS
    
    LVS:
        $5000 for 0A018.a and .b
        $3000 for 0A018.c
        $1500 for 0A018.d through .f
        $0 for Rwanda and the Federal Republic of Yugoslavia (Serbia and 
    Montenegro)
    GBS: N/A
    CIV: N/A
    * * * * *
        6. In Supplement No. 1 to part 774, the Commerce Control List, 
    Category 1 (Materials, Chemicals, Microorganisms, and Toxins), the 
    following Export Control Classification Numbers (ECCNs) are amended:
        a. By revising the entry heading and the List of Items Controlled 
    section ECCN 1C018;
        b. By revising ECCN 1C992; and
        c. By removing ECCN 1C998, to read as follows:
    
    
    1C018  Commercial charges and devices containing energetic materials on 
    the International Munitions List.
    
    * * * * *
    
    List of Items Controlled
    
        Unit: Number.
    
    [[Page 47668]]
    
        Related Controls: (1) Explosive devices or charges that utilize 
    USML controlled energetic materials (See 22 CFR 121.1, Category V) are 
    subject to the licensing authority of the U.S. Department of State, 
    Office of Defense Trade Controls if they have been specifically 
    designed, developed, configured, adapted, or modified for a military 
    application. (2) With the exception of slurries, cutters and severing 
    tools, if the USML controlled materials utilized in devices and charges 
    controlled by this entry can be easily extracted without destroying the 
    device or charge, then they are subject to the export licensing 
    authority of the U.S. Department of State, Office of Defense Trade 
    Controls. (3) Commercial prefabricated slurries and emulsions 
    containing greater than 35% of USML controlled energetic materials are 
    subject to the export licensing authority of the U.S. Department of 
    State, Office of Defense Trade Control. (4) The individual USML 
    controlled energetic materials, even when compounded with other 
    materials, remain subject to the export licensing authority of the 
    Department of State when not incorporated into explosive devices or 
    charges controlled by this entry or 1C992. (5) See also ECCNs 1C011, 
    1C111, and 1C239 for additional controlled energetic materials.
        Related Definitions: (1) For purposes of this entry, the term 
    ``controlled materials'' means controlled energetic materials (see 
    ECCNs 1C011, 1C111, 1C239 and 22 CFR 121.1, Category V). (2) For 
    purposes of this entry, the mass of aluminum powder, potassium 
    perchlorate, and any of the substances listed in the note to the USML 
    (see 22 CFR Part 121.12) (such as ammonium pictrate, black powder, 
    etc.) contained in commercial explosive devices and in the charges are 
    omitted when determining the total mass of controlled material.
        Items:
        a. Shaped charges specially designed for oil well operations, 
    utilizing one charge functioning along a single axis, that upon 
    detonation produce a hole; and
    
    a.1. Contain any controlled materials;
    a.2. Have a uniform shaped conical liner with an included angle of 90 
    degrees or less;
    a.3. Have more than 0.090 kg but not more that 2.0 kg of controlled 
    materials; and
    a.4. Have a diameter not exceeding 4.5 inches.
    
        b. Detonating cord or shock tubes containing greater than 0.064 kg 
    per meter (300 grains per foot), but not more than 0.1 kg per meter 
    (470 grains per foot) of controlled materials;
        c. Cartridge power devices containing greater than 0.70 kg, but not 
    more than 1.0 kg of controlled materials;
        d. Detonators (electric or nonelectric) and assemblies thereof 
    containing greater than 0.01 kg, but not more than 0.1 kg of controlled 
    materials;
        e. Igniters containing greater than 0.01 kg, but not more than 0.1 
    kg of controlled materials;
        f. Oil well cartridges containing greater than 0.015 kg, but not 
    more than 0.1 kg of controlled materials;
        g. Commercial cast or pressed boosters containing greater than 1.0 
    kg, but not more than 5.0 kg of controlled materials;
        h. Commercial prefabricated slurries and emulsions containing 
    greater than 10 kg and less than or equal to thirty-five percent by 
    weight of USML controlled materials;
        i. Cutters and severing tools containing greater than 3.5 kg, but 
    not more than 10 kg of controlled materials;
        j. Pyrotechnic devices when designed exclusively for commercial 
    purposes (e.g., theatrical stages, motion picture special effects, and 
    fireworks displays), and containing greater than 3.0 kg, but not more 
    than 5.0 kg of controlled materials; or
        k. Other commercial explosive devices and charges, not controlled 
    by 1C018.a through g above, when used for commercial applications and 
    containing greater than 1.0 kg but not more than 5.0 kg of controlled 
    materials.
    
    
    1C992  Commercial charges and devices containing energetic materials, 
    n.e.s.
    
    License Requirements
    
        Reason for Control: AT, UN.
    
    ------------------------------------------------------------------------
                   Control(s)                         Country chart
    ------------------------------------------------------------------------
    AT applies to entire entry.............  AT Column 1
    UN applies to 1C992. b through k.......  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: Commercial charges and devices containing USML 
    controlled energetic materials that exceed the quantities noted or that 
    are not covered by this entry are controlled under 1C018.
        Related Definitions: (1) Items controlled by this entry 1C992 are 
    those materials not subject to the licensing authority of the U.S. 
    Department of State, Office of Defense Trade Controls (see 22 CFR part 
    121) or controlled by ECCN 1C018. (2) For purposes of this entry, the 
    term ``controlled materials'' means controlled energetic materials (see 
    ECCNs 1C011, 1C111, 1C239 and 22 CFR 121.1, Category V). (3) The 
    individual USML controlled energetic materials, even when compounded 
    with other materials, remain subject to the export licensing authority 
    of the Department of State when not incorporated into explosive devices 
    or charges controlled by this entry. (4) Commercial prefabricated 
    slurries and emulsions containing greater than 35% of USML controlled 
    energetic materials are subject to the export licensing authority of 
    the U.S. Department of State, Office of Defense Trade Control. (5) For 
    purposes of this entry, the mass of aluminum powder, potassium 
    perchlorate, and any of the substances listed in the note to the USML 
    (see 22 CFR 121.12) (such as ammonium pictrate, black powder, etc.) 
    contained in commercial explosive devices and in the charges are 
    omitted when determining the total mass of controlled material.
        Items:
        a. Shaped charges specially designed for oil well operations, 
    utilizing one charge functioning along a single axis, that upon 
    detonation produce a hole, and
    
     a.1. Contain any formulation of controlled materials;
    a.2. Have only a uniform shaped conical liner with an included angle of 
    90 degrees or less;
    a.3. Contain more than 0.010 kg but less than or equal to 0.090 kg of 
    controlled materials; and
    a.4. Have a diameter not exceeding 4.5 inches;
    
        b. Shaped charges specially designed for oil well operations 
    containing less than or equal to 0.010 kg of controlled materials;
        c. Detonation cord or shock tubes containing less than or equal to 
    0.064 kg per meter (300 grains per foot) of controlled materials;
        d. Cartridge power devices, that contain less than or equal to 0.70 
    kg of controlled materials in the deflagration material;
        e. Detonators (electric or nonelectric) and assemblies thereof, 
    that contain less than or equal to 0.01 kg of controlled materials;
        f. Igniters, that contain less than or equal to 0.01 kg of 
    controlled materials;
        g. Oil well cartridges, that contain less than or equal to 0.015 kg 
    of controlled energetic materials;
    
    [[Page 47669]]
    
        h. Commercial cast or pressed boosters containing less than or 
    equal to 1.0 kg of controlled materials;
        i. Commercial prefabricated slurries and emulsions containing less 
    than or equal to 10.0 kg and less than or equal to thirty-five percent 
    by weight of USML controlled materials;
        j. Cutters and severing tools containing less than or equal to 3.5 
    kg of controlled materials;
        k. Pyrotechnic devices when designed exclusively for commercial 
    purposes (e.g., theatrical stages, motion picture special effects, and 
    fireworks displays) and containing less than or equal to 3.0 kg of 
    controlled materials; or
        l. Other commercial explosive devices and charges not controlled by 
    1C992.a through .k containing less than or equal to 1.0 kg of 
    controlled materials.
    
        Note: 1C992.l includes automotive safety devices; extinguishing 
    systems; cartridges for riveting guns; explosive charges for 
    agricultural, oil and gas operations, sporting goods, commercial 
    mining, or public works purposes; and delay tubes used in the 
    assembly of commercial explosive devices.
    
        Dated: August 27, 1999.
    Iain S. Baird,
    Deputy Assistant Secretary for Export Administration.
    [FR Doc. 99-22768 Filed 8-31-99; 8:45 am]
    BILLING CODE 3510-33-P
    
    
    

Document Information

Published:
09/01/1999
Department:
Export Administration Bureau
Entry Type:
Rule
Action:
Interim rule with request for comments.
Document Number:
99-22768
Pages:
47666-47669 (4 pages)
Docket Numbers:
Docket No. 990811214-9214-01
RINs:
0694-AB79: Exports and Reexports of Commercial Charges and Devices Containing Energetic Materials
RIN Links:
https://www.federalregister.gov/regulations/0694-AB79/exports-and-reexports-of-commercial-charges-and-devices-containing-energetic-materials
PDF File:
99-22768.pdf
CFR: (2)
15 CFR 742.9
15 CFR 742.10