[Federal Register Volume 67, Number 184 (Monday, September 23, 2002)]
[Rules and Regulations]
[Pages 59733-59734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23714]


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DEPARTMENT OF STATE

22 CFR Part 121

[Public Notice (4126)]


Amendments of the United States Munitions List

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State is revising Category XV--Spacecraft 
Systems and Associated Equipment--of the U.S. Munitions List (USML). 
This regulation clarifies that certain ``space qualified'' items are 
covered by the USML within the International Traffic in Arms 
Regulations (ITAR).

EFFECTIVE DATE: September 23, 2002.

FOR FURTHER INFORMATION CONTACT: Ms. Ann Ganzer, Office of Defense 
Trade Controls, Department of State, Telephone 202-663-27009 or FAX 
202-261-8199. ATTN: Regulatory Change, USML Part 121, Category XV.

SUPPLEMENTARY INFORMATION: The Departments of Commerce, Defense, State 
and the National Security staff recently completed a review of 
licensing jurisdiction for ``space qualified'' items. This amendment 
specifies the relevant details and technical parameters associated with 
those ``space qualified'' items covered by Category XV-Spacecraft 
Systems and Associated Equipment of the USML, which are under the 
jurisdiction of the Department of State. The Department of Commerce 
will also be publishing a final rule addressing which ``space 
qualified'' items are covered by the Commerce Control List (CCL). 
Consequently, this will permit State to resume responding to requests 
for commodity jurisdiction determinations related to space technology, 
which have been deferred pending inter-agency agreement on the broader 
question of which agency has jurisdiction over which ``space 
qualified'' items.
    This amendment involves a foreign affairs function of the United 
States and, therefore, is not subject to the procedures required by 5 
U.S.C. 553 and 554. It is exempt from review under Executive Order 
12866; but has been reviewed internally by the Department of State to 
ensure consistency with the purposes thereof. This rule does not 
require analysis under the Regulatory Flexibility Act or the Unfunded 
Mandates Reform Act. It has been found not to be a major rule within 
the meaning of the Small Business Regulatory Enforcement Act of 1966. 
It will not have substantial direct effects on the States, the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, in accordance with section 6 of Executive Order 
13132, it is determined that this rule does not have sufficient 
federalism implications to warrant application of Executive Orders Nos. 
12372 and 13123. However, affected U.S. persons are invited to submit 
written comments to the Department of State, Office of Defense Trade 
Controls, ATTN: Ann Ganzer, Regulatory Change, USML Part 121, Category 
XV, 12th Floor, SA-1, Washington, DC 20522-0112.

List of Subjects in 22 CFR Part 121

    Arms and munitions, Exports.


    Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, Part 121, is amended as follows:

PART 121--THE UNITED STATES MUNITIONS LIST

    1. The authority citation for Part 121 continues to read as 
follows:

    Authority: Sec. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2278, 2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp. 
p. 79; 22 U.S.C. 2658; Pub. L. 105-261, 112 Stat. 1920.


    2. In Sec.  121.1, Category XV--Spacecraft Systems and Associated 
Equipment is amended by revising paragraph (e) to read as follows:


Sec.  121.1  General. The United States Munitions List.

* * * * *

Category XV--Spacecraft Systems and Associated Equipment

* * * * *
    (e) All specifically designed or modified systems or subsystems, 
components, parts, accessories, attachments, and associated equipment 
for the articles in this category, including the articles identified in 
section 1516 of Public Law 105-261: satellite fuel, ground support 
equipment, test equipment, payload adapter or interface hardware, 
replacement parts, and non-embedded solid propellant orbit transfer 
engines (see also Categories IV and V in this section).

    Note: This coverage by the U.S. Munitions List does not include 
the following unless specifically designed or modified for military 
application (see Sec.  120.3 of this subchapter): (For controls on 
these items see the Export Administration Regulations, Commerce 
Control List (15 CFR Parts 730 through 799).)

    (1) Space qualified travelling wave tubes (also known as helix 
tubes or
    TWTs), microwave solid state amplifiers, microwave assemblies, and 
travelling wave tube amplifiers operating at frequencies equal to or 
less than 31GHz.
    (2) Space qualified photovoltaic arrays having silicon cells or 
having single, dual, triple junction solar cells that have gallium 
arsenide as one of the junctions.
    (3) Space qualified tape recorders.
    (4) Atomic frequency standards that are not space qualified.
    (5) Space qualified data recorders.
    (6) Space qualified telecommunications systems, equipment and 
components not designed or modified for satellite uses.
    (7) Technology required for the development or production of 
telecommunications equipment specifically designed for non-satellite 
uses.
    (8) Space qualified focal plane arrays having more than 2048 
elements per array and having a peak response in the wavelength range 
exceeding 300nm but not exceeding 900nm.

[[Page 59734]]

    (9) Space qualified laser radar or Light Detection and Ranging 
(LIDAR) equipment.
* * * * *

    Dated: August 22, 2002.
John R. Bolton,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 02-23714 Filed 9-20-02; 8:45 am]
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