[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Rules and Regulations]
[Pages 31452-31453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11012]


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DEPARTMENT OF STATE

22 CFR Part 121

[Public Notice: 5823]


Amendment of the International Traffic in Arms Regulations: 
United States Munitions List

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State is amending the International Traffic 
in Arms Regulations (ITAR) by revising Note (1)(i) of U.S. Munitions 
List (USML) Category VIII(e) to add the term ``primary'' to references 
to a commercial standby instrument system. As a result, Category XII(d) 
and Category VIII(e) do not include quartz rate sensors if such items 
are integrated into and included as an integral part of a commercial 
primary or standby instrument system for use on civil aircraft prior to 
export or exported solely for integration into such systems. After this 
exclusion was instituted in 2004 for such standby systems, it became 
apparent that some primary systems also include the subject quartz rate 
sensors.

DATES: Effective Date: This rule is effective June 7, 2007.

ADDRESSES: 
    Interested parties may submit comments at any time by any of the 
following methods:
     E-mail: [email protected] with subject line 
Regulatory Change: Quartz Rate Sensors Change.
     Mail: Department of State, Directorate of Defense Trade 
Controls, Office of Defense Trade Controls Policy, ATTN: Regulatory 
Change, 12th Floor, SA-1, Washington, DC, 20522-0112.
     Fax: 202-261-8199.
     Hand Delivery or Courier (regular work hours only): 
Department of State, Directorate of Defense Trade Controls, Office of 
Defense Trade Controls Policy, ATTENTION: Regulatory Change, SA-1, 12th 
Floor, 2401 E Street, NW., Washington, DC 20037.
    Persons with access to the Internet may also view this notice by 
going to the regulations.gov Web site at: http://www.regulations.gov/index.cfm.

FOR FURTHER INFORMATION CONTACT: Ann K. Ganzer, Office of Defense Trade 
Controls Policy, Department of State, 12th Floor, SA-1, Washington, DC 
20522-0112; Telephone 202-663-2792 or FAX 202-261-8199; e-mail: 
[email protected]. ATTN: Regulatory Change: Quartz Rate 
Sensors Change.

SUPPLEMENTARY INFORMATION: In conjunction with requests for Commodity 
Jurisdiction, the Department of State has determined that certain 
quartz rate sensors otherwise controlled under the ITAR are not subject 
to the licensing jurisdiction of the Department of State when 
integrated into primary or backup inertial navigation systems for civil 
aircraft or exported solely for integration into such systems. The 
applicability of these determinations to a particular system will be 
made on a case-by-case basis in response to U.S. exporters' requests 
for Commodity Jurisdiction by the Directorate of Defense Trade 
Controls. These requests will be favorably considered only where the 
sensor is an integral part of the commercial system or is exported 
solely for integration into such a system and is important for the safe 
operation of the civil aircraft. In making these determinations, other 
factors also will be considered. Among them is the extent to which the 
sensors can be extracted without damage and used for a significant 
military application, the extent to which diversion of the sensors 
alone or in small quantities poses a threat to the national security or 
foreign policy interests of the United States, and the scope of 
controls that would be applicable to the commercial system if licensing 
jurisdiction were transferred to the Department of Commerce. Exports of 
quartz rate sensors determined by the State Department to not be 
subject to USML controls will be subject to the licensing jurisdiction 
of the Department of Commerce whether the sensors are being exported 
for integration abroad or being exported as an integral part of a 
commercial primary or standby inertial navigation system.

Regulatory Analysis And Notices

Administrative Procedure Act

    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.

Regulatory Flexibility Act

    This rule does not require analysis under the Regulatory 
Flexibility Act.

Unfunded Mandates Act of 1995

    This rule does not require analysis under the Unfunded Mandates 
Reform Act.

Small Business Regulatory Enforcement Fairness Act of 1996

    This amendment has been found not to be a major rule within the 
meaning of the Small Business Regulatory Enforcement Fairness Act of 
1996. 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.

Executive Orders 12372 and 13132

    It is determined that this rule does not have sufficient federalism 
implications

[[Page 31453]]

to warrant application of the consultation provisions of Executive 
Orders 12372 and 13132.

Executive Order 12866

    This amendment 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.

Paperwork Reduction Act

    This rule does not impose any new reporting or recordkeeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects in 22 CFR Part 121

    Arms and munitions, Exports, U.S. Munitions List.

0
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

0
1. The authority citation for part 121 continues to read as follows:

    Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2778, 2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp., 
p. 79; 22 U.S.C. 2651a; Pub. L. 105-261, 112 Stat. 1920.


0
2. Section 121.1 is amended in paragraph (c) by revising paragraph (e), 
Note (1)(i) and (ii) of Category VIII--Aircraft and Associated 
Equipment to read as follows:


Sec.  121.1  General. The United States Munitions List.

* * * * *

Category VIII--Aircraft and Associated Equipment

* * * * *
    (e) * * *

    Note: (1) * * *
    (i) Are integrated into and included as an integral part of a 
commercial primary or commercial standby instrument system for use 
on civil aircraft prior to export or exported solely for integration 
into such a commercial primary or standby instrument system, and
    (ii) When the exporter has been informed in writing by the 
Department of State that a specific quartz rate sensor integrated 
into a commercial primary or standby instrument system has been 
determined to be subject to the licensing jurisdiction of the 
Department of Commerce in accordance with this section.

* * * * *

    Dated: March 26, 2007.
John C. Rood,
Assistant Secretary for International Security and Nonproliferation, 
Department of State.
[FR Doc. E7-11012 Filed 6-6-07; 8:45 am]
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