[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23088]
[[Page Unknown]]
[Federal Register: September 19, 1994]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Part 799
[Docket No. 940960-4260]
RIN 0694-AB03
Transfer of the International Space Station From the USML to the
CCL (ECCN 9A04A)
AGENCY: Bureau of Export Administration, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Export Administration (BXA) maintains the
Commerce Control List (CCL), which identifies those items subject to
Department of Commerce export controls. This final rule amends Export
Control Classification Number (ECCN) 9A04A to include the international
space station and all components, parts, accessories, attachments and
associated equipment specially designed, modified or configured
therefor. The international space station is being built under the
supervision of the U.S. National Aeronautics and Space Administration
(NASA), and NASA's international partners: the space agencies of Japan,
Canada and Russia, and the European Space Agency. The Department of
State will publish a separate rule that removes the space station from
the United States Munitions List (USML).
EFFECTIVE DATE: September 19, 1994.
FOR FURTHER INFORMATION CONTACT: Jerald Beiter, Office of Technology
and Policy Analysis, Telephone: (202) 482-3351.
SUPPLEMENTARY INFORMATION:
Background
On November 16, 1990, President Bush signed Executive Order 12735
on Chemical and Biological Weapons and directed various other export
control measures. The measures directed by the President included the
removal from the USML (see 22 CFR part 121) of all items contained on
the COCOM dual-use list (i.e, the International Industrial List),
unless U.S. national security interests would be jeopardized. To
implement this part of the directive, the Space Technical Working Group
(STWG), was established. The group consists of representatives from the
Departments of State, Commerce, and Defense, as well as other U.S.
Government agencies. The STWG recommended movement of certain non-
military spacecraft, including the international space station, from
the USML to the CCL. Further, on March 10, 1994, an interagency Space
Station Export Controls Steering Committee recommended several steps in
the area of U.S. export controls that are necessary for NASA to advance
its international space station program; one of those steps involved
the movement of the international space station itself from export
control under the USML to control under the CCL, as well as all
components, parts, accessories, attachments and associated equipment
specially designed, modified or configured for the international space
station.
In addition to the removal of international space station
commodities from the USML, the State Department is removing from the
USML certain software and technology related to the international space
station, which software and technology are not captured under Category
XV(f) of the USML. Such software and technology not captured under
Category XV(f) of the USML are currently captured on the CCL at ECCNs
9D96G and 9E96G and will remain under those ECCNs.
Although the Export Administration Act of 1979 (EAA) expired on
August 20, 1994, the President invoked the International Emergency
Economic Powers Act and determined that, to the extent permitted by
law, the provisions of the EAA, as amended, shall be carried out under
Executive Order 12924 of August 19, 1994, so as to continue in full
force and effect and amend, as necessary, the export control system
heretofore maintained by the Export Administration Regulations issued
under the EAA.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
purposes of E.O. 12866.
2. This rule involves collections 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 numbers 0694-0005, 0694-0010, 0694-0013, and 0694-0073.
3. This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism assessment under
Executive Order 12612.
4. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by section
553 of the Administrative Procedure Act (5 U.S.C. 553) or by any other
law, under section 3(a) of the Regulatory Flexibility Act (5 U.S.C.
603(a) and 604(a)) no initial or final Regulatory Flexibility Analysis
has to be or will be prepared.
5. 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 the effective date, are
inapplicable because this regulation involves a military or foreign
affairs function of the United States. Further, no other law requires
that a notice of proposed rulemaking and an opportunity for public
comment be given for this rule.
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 Hillary
Hess, Office of Technology and Policy Analysis, Bureau of Export
Administration, Department of Commerce, P.O. Box 273, Washington, DC
20044.
List of Subjects in 15 CFR Part 799
Exports, Reporting and recordkeeping requirements.
Accordingly, Part 799 of the Export Administration Regulations (15
CFR Parts 730-799) is amended as follows:
1. The authority citation for 15 CFR Part 799 continues to read as
follows:
Authority: 50 U.S.C. App. 5, as amended; Pub. L. 264, 59 Stat.
619 (22 U.S.C. 287c), as amended; Pub. L. 90-351, 82 Stat. 197 (18
U.S.C. 2510 et seq.), as amended; sec. 101, Pub. L. 93-153, 87 Stat.
576 (30 U.S.C. 185), as amended; sec. 103, Pub. L. 94-163, 89 Stat.
877 (42 U.S.C. 6212), as amended; secs. 201 and 201(11)(e), Pub. L.
94-258, 90 Stat. 309 (10 U.S.C. 7420 and 7430(e)), as amended; Pub.
L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et seq.); Pub. L. 95-242,
92 Stat. 120 (22 U.S.C. 3201 et seq. and 42 U.S.C. 2139a); sec. 208,
Pub. L. 95-372, 92 Stat. 668 (43 U.S.C. 1354); Pub. L. 96-72, 93
Stat. 503 (50 U.S.C. App. 2401 et seq.), as amended; Pub. L. 102-
484, 106 Stat. 2575 (22 U.S.C. 6004); sec. 125, Pub. L. 99-64, 99
Stat. 156 (46 U.S.C. 466c); E.O. 11912 of April 13, 1976 (41 FR
15825, April 15, 1976); E.O. 12002 of July 7, 1977 (42 FR 35623,
July 7, 1977), as amended; E.O. 12058 of May 11, 1978 (43 FR 20947,
May 16, 1978; E.O. 12214 of May 2, 1980 (45 FR 29783, May 6, 1980);
E.O. 12735 of November 16, 1990 (55 FR 48587, November 20, 1990), as
continued by Notice of November 12, 1993 (58 FR 60361, November 15,
1993); E.O. 12867 of September 30, 1993 (58 FR 51747, October 4,
1993); E.O. 12868 of September 30, 1993 (58 FR 51749, October 4,
1993); E.O. 12918 of May 26, 1994 (59 FR 28205, May 31, 1994); and
E.O. 12924 of August 19, 1994 (59 FR 43437, August 23, 1994).
PART 799--[AMENDED]
2. In Supplement No. 1 to Section 799.1 (the Commerce Control
List), Category 9 (Propulsion Systems and Transportation Equipment),
ECCN 9A04A is revised to read as follows:
9A04A ``Spacecraft'' (not including their payloads) as follows,
and specially designed components therefor:
Note 1: (For the control status of products contained in
``spacecraft'' payloads, see the appropriate Categories.)
Note 2: Exporters requesting a validated license from the
Department of Commerce for items other than those specified in 9A04
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.
Requirements
Validated License Required: QSTVWYZ
Unit: Equipment in number; Parts and accessories in $ Value
Reason for Control: NS
GLV: $0
GCT: No
GFW: No
List of Items Controlled
a. Commercial Communication Satellites, except those with the
following characteristic:
a.1. Anti-jam capability: Antennas and/or antenna systems with the
ability to respond to incoming interference by adaptively reducing
antenna gain in the direction of the interference;
a.2. Antennas:
a.2.a. With aperture (overall dimensions of the radiating
portion(s) of the antennas) greater than 30 feet; or
a.2.b. With all sidelobes less than or equal to -35db; or
a.2.c. Designed, modified or configured to provide coverage area on
the surface of the earth less than 200 nm in diameter, where ``coverage
area'' is defined as that area on the surface of the earth that is
illuminated by the main beam width of the antenna (which is the angular
distance between half power points of the beam);
a.3. Designed, modified or configured for intersatellite data relay
links that do not involve a ground relay terminal (``cross-links'');
a.4. Spaceborne baseband processing equipment that uses any
technique other than frequency translation which can be changed on a
channel by channel basis among previously assigned fixed frequencies
several times a day;
a.5. Employing any of the cryptographic items controlled under
Category XIII(b) of the U.S. Munitions List (USML);
a.6. Employing radiation-hardened devices controlled elsewhere in
Sec. 121.1 of the ITAR (22 CFR 121.1) that are not ``embedded'' in the
satellite in such a way as to deny physical access. (For purposes of
this subparagraph ``embedded'' means that the device cannot feasibly
either be removed from the satellite or used for other purposes.);
a.7. Having propulsion systems that permit acceleration of the
satellite on-orbit (i.e. after mission orbit injection) at rates
greater than 0.1 g;
a.8. Having attitude control and determination systems designed to
provide spacecraft pointing determination and control better than 0.02
degrees per axis; or
a.9. Having orbit transfer engines (``kick-motors'') that remain
permanently with the spacecraft and are capable of being restarted
after achievement of mission orbit and providing acceleration greater
than 1 g. (Orbit transfer engines that are not designed, built, and
shipped as an integral part of the satellite are controlled under
Category IV of the USML).
b. [Reserved]
c. Other ``spacecraft'', not controlled under Category XV of the
USML.
Note: 9A04.c includes the international space station being
developed, launched and operated under the supervision of the U.S.
National Aeronautics and Space Administration.
Note 1: Transferring registration or operational control to any
foreign person of any satellite controlled by this entry must be
authorized by an individual validated license. This requirement
applies whether the satellite is physically located in the United
States or abroad.
Note 2: All communication satellites identified in paragraphs
a.1. through a.9. of this ECCN, and specially designed components,
parts, accessories, attachments, associated equipment, and ground
support equipment thereof, require a license from the Department of
State, Office of Defense Trade Controls (see Category XV of the
USML).
Dated: September 14, 1994.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 94-23088 Filed 9-16-94; 8:45 am]
BILLING CODE 3510-DT-P
