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Federal Register/Vol. 82, No. 129/Friday, July 7, 2017/Rules And 31442 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations Paragraph 6002 Class E Airspace DEPARTMENT OF COMMERCE a contribution to delivery systems (other Designated as Surface Areas. than manned aircraft) for such weapons. * * * * * Bureau of Industry and Security In 1993, the MTCR’s original focus on missiles for nuclear weapons delivery AWP CA E2 Arcata, CA [Modified] 15 CFR Parts 742, 744, 772, and 774 was expanded to include the Arcata Airport, CA proliferation of missiles for the delivery ° ′ ″ ° ′ ″ (Lat. 40 58 40 N., long. 124 06 31 W.) [Docket No. 170202139–7139–01] of all types of weapons of mass That airspace within a 4.1-mile radius of RIN 0694–AH33 destruction (WMD), i.e., nuclear, Arcata Airport. chemical and biological weapons. Such Paragraph 6004 Class E Airspace Revisions to the Export Administration proliferation has been identified as a Designated as an Extension to a Class D or Regulations Based on the 2016 Missile threat to international peace and Class E Surface Area. Technology Control Regime Plenary security. One way to address this threat * * * * * Agreements is to maintain vigilance over the transfer of missile equipment, material, and AGENCY: AWP CA E4 Arcata, CA [New] Bureau of Industry and related technologies usable for systems Arcata Airport, CA Security, Commerce. capable of delivering WMD. MTCR (Lat. 40°58′40″ N., long. 124°06′31″ W.) ACTION: Final rule. members voluntarily pledge to adopt the That airspace extending upward from the Regime’s export Guidelines and to SUMMARY: surface within 2.9 miles each side of the 153° The Bureau of Industry and restrict the export of items contained in bearing from Arcata Airport extending from Security (BIS) is amending the Export the Regime’s Annex. The Regime’s the 4.1-mile radius to 10.5 miles southeast of Administration Regulations (EAR) to Guidelines are implemented through the the airport. reflect changes to the Missile national export control laws, regulations Paragraph 6005 Class E Airspace Areas Technology Control Regime (MTCR) and policies of the regime members. Extending Upward From 700 Feet or More Annex that were agreed to by MTCR Above the Surface of the Earth. member countries at the October 2016 Amendments to the Export * * * * * Plenary in Busan, South Korea, and the Administration Regulations (EAR) March 2016 Technical Experts Meeting This final rule revises the Export AWP CA E5 Arcata, CA [Modified] (TEM) in Luxembourg City, Administration Regulations (EAR) to Arcata Airport, CA Luxembourg. This final rule revises ° ′ ″ ° ′ ″ reflect changes to the MTCR Annex (Lat. 40 58 40 N., long. 124 06 31 W.) thirteen Export Control Classification agreed to at the October 2016 Plenary in That airspace extending upward from 700 Numbers (ECCNs), adds one ECCN, Busan, South Korea, and changes feet above the surface within a 7-mile radius revises two EAR defined terms resulting from the March 2016 of the Arcata Airport, and within 2.1 miles ° (including making other EAR Technical Experts Meeting (TEM) in each side of the 153 bearing from the airport conforming changes for the use of these extending from the 7-mile radius to 14.1 Luxembourg City, Luxembourg. miles southeast of the airport. two terms) and makes conforming EAR References are provided below for the changes where needed to implement the MTCR Annex changes agreed to at the * * * * * changes that were agreed to at the meetings that correspond to the EAR AWP CA E5 Eureka, CA [New] meetings and to better align the missile revisions described below. This rule Murray Field Airport, CA technology (MT) controls on the also makes changes to the Commerce (Lat. 40°48′12″ N., long. 124°06′46″ W.) Commerce Control List (CCL) with the Control List (CCL) (Supplement No. 1 to That airspace extending upward from 700 MTCR Annex. Part 774 of the EAR) and to other EAR feet above the surface within a 6.3-mile DATES: This rule is effective July 7, provisions in order to conform with the radius of Murray Field Airport, and within 2017. MTCR Annex. All of the changes in this 6.3 miles east of the Murray Field Airport final rule align the MT controls on the FOR FURTHER INFORMATION CONTACT: 217° bearing extending from the 6.3-mile CCL and other parts of the EAR with the Sharon Bragonje, Nuclear and Missile radius to 23 miles southwest of the airport. MTCR Annex. In the discussion below, Technology Controls Division, Bureau * * * * * BIS identifies the origin of each change of Industry and Security, Phone: (202) in the regulatory text of this final rule AWP CA E5 Fortuna, CA [Modified] 482–0434; Email: sharon.bragonje@ by using one the following parenthetical Rohnerville Airport, CA bis.doc.gov. (Lat. 40°33′14″ N., long. 124°07′58″ W.) phrases: (Busan 2016 Plenary), SUPPLEMENTARY INFORMATION: (Luxembourg 2016 TEM), or That airspace extending upward from 700 feet above the surface within a 2.7 mile Background (Conforming Change to MTCR Annex). radius of Rohnerville Airport, and within 1.8 § 742.5 (Missile technology). In § 742.5 miles each side of the 326° bearing from the The Missile Technology Control (Missile technology), this final rule airport extending from the 2.7 mile radius to Regime (MTCR or Regime) is an export revises the first sentence of paragraph 7 miles northwest of the airport, and within control arrangement among 35 nations, (a)(2), which describes the definition of 1.1-miles each side of the 307° bearing from including most of the world’s suppliers ‘‘missiles.’’ The term ‘‘missiles’’ is a the airport extending from the 2.7 mile radius of advanced missiles and missile-related defined term in § 772.1, but for ease of to 5.2 miles west of the airport, and within equipment, materials, software and ° reference the first sentence of this 1.1-miles each side of the 113 bearing from technology. The regime establishes a paragraph (a)(2) restates the definition. the airport extending from the 2.7 mile radius common list of controlled items (the to 6.1 miles southeast of the airport. As described in the paragraphs below, Annex) and a common export control this final rule revises the definitions of Issued in Seattle, Washington, on June 28, policy (the Guidelines) that member ‘‘missiles’’ and ‘‘unmanned aerial 2017. countries implement in accordance with vehicles’’ in § 772.1 of the EAR, so Sam S.L. Shrimpton, their national export controls. The conforming changes are needed in Acting Group Manager, Operations Support MTCR seeks to limit the risk of §§ 742.5 and 744.3, as described below. Group, Western Service Center. proliferation of weapons of mass Conforming Change to § 742.5(a)(2). [FR Doc. 2017–14219 Filed 7–6–17; 8:45 am] destruction by controlling exports of This final rule makes conforming BILLING CODE 4910–13–P goods and technologies that could make changes in paragraph (a)(2) of § 742.5, VerDate Sep<11>2014 17:43 Jul 06, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.SGM 07JYR1 asabaliauskas on DSKBBXCHB2PROD with RULES Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations 31443 by replacing the term ‘‘ballistic missile expected to have any impact on the updated to reflect changes in the systems’’ with the term ‘‘ballistic number of license applications received description of unmanned aerial vehicles missiles’’ (MTCR Annex Change, by BIS. in the MTCR Annex. The term ‘‘Cruise Category I: Item 1.A.1., Luxembourg Changes and Conforming missile systems’’ has been changed by 2016 TEM), and by replacing the term Amendments in § 772.1 (Definitions of removing the word ‘‘systems,’’ thus ‘‘cruise missile systems’’ with the term Terms as Used in the Export referring only to the flight vehicle. This ‘‘cruise missiles.’’ (MTCR Annex Administration Regulations (EAR)). In change both conforms to the other items Change, Category I: Item 1.A.2., § 772.1, this final rule amends the in the illustrative list of unmanned Luxembourg 2016 TEM). This final rule definition of the term ‘‘missiles.’’ aerial vehicles, and clarifies that an also makes a conforming change by (MTCR Annex Change, Category I: Item unmanned aerial vehicle is covered replacing the term ‘‘unmanned air 1.A.1., Luxembourg 2016 TEM). Under under these entries that use this control vehicles’’ with the term ‘‘unmanned the definition of ‘‘missiles,’’ this final text, regardless of whether or not it is aerial vehicles.’’ (Conforming Change to rule revises the term ‘‘ballistic missile part of a larger system (e.g., a system MTCR Annex). Substantively, there is systems’’ by removing the word including the flight vehicle and ground no difference between the old and ‘‘systems’’ and adding an ‘‘s’’ to support equipment such as launch, revised terms, but this final rule makes ‘‘missile.’’ This final rule revises the recovery, and flight control equipment). these conforming changes to ensure definition of ‘‘missiles’’ to reflect This final rule also makes conforming consistent use of the terminology changes in the description of complete changes to similar text used in ECCNs throughout the EAR. These conforming rocket systems in the MTCR Annex. The 2B018 and 5A101 described below. changes are described in more detail in final rule revises the term ‘‘ballistic These changes correspond with the U.S. the next three paragraphs, describing missile systems’’ by removing the word interpretation of the controls, and will the changes that this final rule makes to ‘‘systems,’’ thus referring only to the not change any scope of control. These the EAR definitions of ‘‘missiles’’ and flight vehicle. This final rule makes this changes are not expected to have any ‘‘unmanned aerial vehicles.’’ change to conform to the other items in impact on the number of license the illustrative list of ‘‘missiles,’’ and to Conforming Change to § 744.3 applications received by BIS.
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