Transfer of the International Space Station From the USML to the CCL (ECCN 9A04A)

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