97-25765. 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  

  • [Federal Register Volume 62, Number 188 (Monday, September 29, 1997)]
    [Rules and Regulations]
    [Pages 50865-50866]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-25765]
    
    
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    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.
    
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    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).
    
    [[Page 50866]]
    
    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 Sec. 120.10 of the International Traffic in Arms 
    Regulations (ITAR)) and defense services (as defined in Sec. 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
    
    
    

Document Information

Effective Date:
9/29/1997
Published:
09/29/1997
Department:
Export Administration Bureau
Entry Type:
Rule
Action:
Final rule.
Document Number:
97-25765
Dates:
September 29, 1997.
Pages:
50865-50866 (2 pages)
Docket Numbers:
Docket No. 960918265-7203-04
RINs:
0694-AB09: Transfer of Certain Remote Sensing Satellites From the U.S. Munitions List to the CCL
RIN Links:
https://www.federalregister.gov/regulations/0694-AB09/transfer-of-certain-remote-sensing-satellites-from-the-u-s-munitions-list-to-the-ccl
PDF File:
97-25765.pdf
CFR: (1)
15 CFR 774