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62061

Proposed Rules Federal Register


Vol. 71, No. 204

Monday, October 23, 2006

This section of the FEDERAL REGISTER Office of the General Counsel, NASA that missions of this nature may also be
contains notices to the public of the proposed Headquarters, 300 E Street, SW., launched using commercially available
issuance of rules and regulations. The Washington, DC 20546; telephone: 202/ RLVs. Thus, NASA is expanding the
purpose of these notices is to give interested 358–2432; e-mail scope of the current ELV section to
persons an opportunity to participate in the steve.mirmina@nasa.gov. include RLVs as well. NASA has an
rule making prior to the adoption of the final
rules. SUPPLEMENTARY INFORMATION: In the 14 established practice of including cross-
years since the current rule’s waivers in its mission agreements to
publication (September 25, 1991), shifts lower the risks and costs of space
NATIONAL AERONAUTICS AND in areas of NASA mission and program exploration. Revising the present
SPACE ADMINISTRATION emphases warrant an adjustment of the regulation is intended to promote
NASA cross-waiver provisions to ensure consistency between the general types
14 CFR Part 1266 they remain current. Most notably, on of cross-waivers NASA uses in its
[Notice (06–079)] January 29, 1998, the United States agreement practice for ISS activities and
formally joined with 14 nations in an other scientific missions launched by
RIN 2700–AB51 international partnership in cooperative commercial vehicles. Additionally,
space exploration for the design, since commercial launch providers can
Cross-Waiver of Liability launch multiple payloads on the same
development, operation, and utilization
AGENCY: National Aeronautics and of the International Space Station (ISS) vehicle, NASA is proposing to expand
Space Administration. through the IGA. The IGA entered into the scope of the waiver in § 1266.104 to
ACTION: Notice of proposed rulemaking. force for NASA and various other include other users of a single launch
Partners between 1998 and 2005. Article vehicle.1
SUMMARY: The National Aeronautics and 16 of the IGA establishes a broad cross- Fourth, NASA has had a long history
Space Administration (NASA) is waiver of liability among Partner States and consistent practice of requiring
proposing to amend part 1266 of Title and their contractually or otherwise international and domestic partners to
14 to update and ensure consistency in related entities by requiring those cross-waive claims for loss or damage
the use of cross-waiver of liability entities to make similar waivers of and, thus, assume responsibility for the
provisions in NASA agreements. Part liability. Thus, NASA is required to risks inherent in space exploration. For
1266 provides the regulatory basis for include IGA-based cross-waivers in years, NASA has utilized broad, no-
cross-waiver provisions used in the contracts and agreements for activities fault, no subrogation cross-waivers. In
following categories of NASA mission related to the ISS. response to questions raised by the U.S.
agreements: Agreements for activities in A second development involves the Department of Justice in 1995 regarding
connection with the ‘‘Agreement Among February 1, 2003, Space Shuttle the Agency’s authority to waive claims
the Government of Canada, Columbia accident. In the wake of that of the U.S. Government, and at NASA’s
Governments of Member States of the tragedy, NASA embraced the request, President Clinton underscored
European Space Agency, the recommendations of the Columbia successive Administrations’
Government of Japan, the Government Accident Investigation Board (CAIB) acknowledgement of the importance of
of the Russian Federation, and the that the NASA Space Transportation these liability arrangements by
Government of the United States of System (Shuttle) be used chiefly for affirming, through a delegation of his
America concerning Cooperation on the completion of the ISS and then retired. constitutional foreign affairs authority,
Civil International Space Station’’ While NASA is assessing the possibility NASA’s authority to enter into cross-
(commonly referred to as the ISS of a servicing mission for the Hubble waivers of liability, on behalf of the
Intergovernmental Agreement, or IGA); Space Telescope using the Shuttle, Government of the United States, with
agreements for use of the Space Shuttle; NASA does not expect to conclude any its Partners in international agreements.
and agreements for NASA’s science and Space Act agreements with international In part, the President’s delegation
space exploration missions that are partners for cooperation on this provided:
launched on Expendable Launch prospective mission. Since current The authority conferred upon the President
Vehicles (ELVs). Among other generally servicing mission plans envision no by the Constitution and the laws of the
clerical amendments to this Part, NASA other non-ISS missions, there is no United States of America to execute mutual
is proposing to delete the subsection longer a need to retain the section of waivers of claims of liability on behalf of the
regarding the cross-waiver of liability part 1266 regarding a separate cross-
during Space Shuttle operations and waiver of liability to be used during
1 The provisions of this Regulation will be

expand the scope of the ELV provision applicable only to NASA launches that are not
Shuttle operations (formerly licensed by the Federal Aviation Administration
to encompass Reusable Launch Vehicles § 1266.103), and NASA is proposing to (FAA). The FAA licenses launch vehicles and
(RLVs) as well as other users of the same delete it. reentry of reentry vehicles under authority granted
launch vehicle during the same launch. Third, NASA has continued to to the Secretary of Transportation in the
Comment Date: Comments due on or Commercial Space Launch Act (CSLA) of 1984, as
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conduct scores of missions for the amended, codified in 49 U.S.C. Subtitle IX, chapter
before November 22, 2006. purpose of furthering science and space 701, and delegated to the FAA Administrator.
ADDRESSES: Federal eRulemaking Portal: exploration unrelated to the ISS and Licensing authority under the CSLA is carried out
http://www.regulations.gov. Follow the without using the Shuttle. These by FAA Associate Administrator for Commercial
instructions for submitting comments. Space Transportation. Where NASA acquires
missions are currently launched using launch services on a commercial basis (such as
FOR FURTHER INFORMATION CONTACT: ELVs and Evolved Expendable Launch through contracts for spacecraft delivery on-orbit)
Steven A. Mirmina, Senior Attorney, Vehicles (EELVs). NASA anticipates the cross-waiver provisions of the CSLA will apply.

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62062 Federal Register / Vol. 71, No. 204 / Monday, October 23, 2006 / Proposed Rules

United States for damages arising out of transport, flight, and payload activities. the cross-waivers required by this part
cooperative activities is hereby delegated to In addition, for many of these higher- will necessitate concomitant changes to
the Administrator of NASA for agreements risk activities as well as for any activity NASA procurement regulations. NASA
with foreign governments and their agents
requiring a significant amount of plans to implement these changes as
regarding aeronautical, science, and space
activities that are executed pursuant to the contractor involvement, NASA typically expeditiously as possible after this
authority granted NASA by the National insists that each party require its own proposed rule becomes final.
Aeronautics and Space Act of 1958, Public related entities (e.g. contractors, This regulation is not a significant
Law 85–568, as amended.2 subcontractors, users, and customers, at regulatory action for purposes of
However, this delegation of cross-waiver any tier) to agree to waive claims against Executive Order 12866, ‘‘Regulatory
authority for cooperative agreements similar entities that may be legally Planning and Review’’. As required by
with foreign entities left unresolved the related to any other party. This is the Regulatory Flexibility Act, NASA
extent of NASA’s authority to execute referred to as the ‘‘flow down’’ certifies that these amendments will not
similar waivers of U.S. Government requirement of the cross-waiver. have a significant impact on small
claims against the Agency’s U.S. The chief differences between the ISS business entities.
cooperative partners, such as and ELV cross-waivers lie in the broad
scope of the ISS activities required to be List of Subjects in 14 CFR Part 1266
corporations and universities.
Therefore, NASA sought statutory covered by cross-waivers in contrast Cross-waiver, Evolved expendable
confirmation and clarification of with the more limited scope of waivers launch vehicle, Expendable launch
NASA’s authority to implement liability used for most mission-specific science vehicle, Intergovernmental agreement,
cross-waivers with both domestic and and space exploration activities. To International Space Station, Liability,
international partners. illustrate, the cross-waiver for ISS Reusable launch vehicle, Space shuttle,
Congress responded by amending the activities generally is in effect anywhere Space transportation and exploration.
National Aeronautics and Space Act of in the world when activities are For the reasons stated in the
1958 (Space Act) to include Section conducted in implementation of any preamble, NASA proposes to revise 14
309.3 Specifically, this section, codified ISS-related agreement. The ELV-based CFR part 1266 as follows:
at 42 U.S.C. 2458c, confirms and cross-waiver is more limited; it
clarifies NASA’s authority to waive generally is only applied to the parties PART 1266—CROSS-WAIVER OF
claims of the U.S. Government in to an agreement and their related LIABILITY
cooperative agreements in exchange for entities, although it is being expanded
by this proposed rule to cover other Sec.
a reciprocal waiver of claims from the 1266.100 Purpose.
cooperating party. In situations where, payloads launched on the same vehicle.
In essence, however, the operation of 1266.101 Scope.
for example, a foreign space agency 1266.102 Cross-waiver of liability for
lacks fully reciprocal authority to waive the ISS and ELV waivers is comparable;
agreements involving activities related to
claims of its government, special both the party claiming damage and the the International Space Station (ISS).
arrangements have been developed to party causing damage must be 1266.103 [Reserved].
cover the gap, including the participating in ‘‘Protected Space 1266.104 Cross-waiver of liability for
requirement to purchase insurance to Operations’’. More specifically, the term science and space exploration
protect NASA against broader claims of ‘‘Protected Space Operations’’ in the agreements for missions launched by
a foreign government that a foreign IGA cross-waiver includes all activities Expendable Launch Vehicles or Reusable
in implementation of the IGA or Launch Vehicles.
space agency is unable to waive. A
prime example of such arrangements is Memoranda of Understanding Authority: 42 U.S.C. 2473 (c)(1), (c)(5) and
set forth in Article 16 of the IGA to concluded pursuant to the IGA. In 42 U.S.C. 2458c.
address potential subrogated claims of contrast, the term ‘‘Protected Space
Operations’’ in NASA’s science and § 1266.100 Purpose.
the Japanese Government.
Use of Cross-Waivers for ISS and space exploration agreements covers all The purpose of this regulation is to
ELV/RLV Activities: The fundamental ELV or RLV activities that are performed ensure that consistent cross-waivers of
purpose of cross-waivers of liability in in implementation of an agreement for liability are included in NASA
NASA agreements is to encourage launch services. The specific agreements for activities related to the
participation in the exploration, requirements and precise scope of the ISS and for NASA’s other activities of
exploitation, and use of outer space. The term ‘‘Protected Space Operations’’ are scientific space exploration that do not
IGA declares the Partner States’ provided in §§ 1266.102 and 1266.104. involve activities in connection with the
intention that cross-waivers of liability The other changes accomplished in ISS, whether launched by Expendable
be broadly construed to achieve this this revision are minor, making uniform Launch Vehicle (ELV) or Reusable
purpose. It is important to underscore the capitalization, use of italics, Launch Vehicle (RLV).
the fact that agreements for high-risk ordering of listed terms, and general
editorial changes to the cross-waiver § 1266.101 Scope.
activities of very broad and diffuse
regulation. The provisions at § 1266.102 are
scope require that both entities be
General: This part establishes the intended to implement the cross-waiver
involved in ‘‘Protected Space
regulatory basis for cross-waivers requirement in Article 16 of the
Operations’’ or ‘‘PSO.’’ PSO is defined incorporated in NASA agreements intergovernmental agreement entitled,
to include a wide range of design, implementing the IGA as well as for ‘‘Agreement Among the Government of
2 Presidential Documents, Memorandum of
cooperative ELV or RLV missions that Canada, Governments of Member States
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October 10, 1995, Delegation of Authority to Enter do not involve ISS activities. In of the European Space Agency, the
into Mutual Waivers of Liability for Certain addition, this part provides the Government of Japan, the Government
Agreements Under the National Aeronautics and regulatory basis for NASA to flow down of the Russian Federation, and the
Space Act of 1958, 60 FR 53251, October 13, 1995. the obligations of these cross-waivers of Government of the United States of
3 The provisions of Section 309 were recently

extended in the NASA Authorization Act of 2005,


liability to its related entities through America concerning Cooperation on the
Pub. L. 109–155, which was signed by President contracts issued pursuant to its mission Civil International Space Station (IGA)’’.
Bush on December 30, 2005. agreements. To be made fully effective, Article 16 establishes a cross-waiver of

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Federal Register / Vol. 71, No. 204 / Monday, October 23, 2006 / Proposed Rules 62063

liability for use by the Partner States agreement. A Partner State includes its further a payload’s product or process
and their related entities and requires Cooperating Agency. It also includes for use other than for ISS-related
that this reciprocal waiver of claims be any entity specified in the MOU activities in implementation of the IGA.
extended to contractually or otherwise between NASA and the Government of (c)(1) Cross-waiver of liability: Each
related entities of NASA by requiring Japan to assist the Government of Party agrees to a cross-waiver of liability
those entities to make similar waivers of Japan’s Cooperating Agency in the pursuant to which each Party waives all
liability. Thus, NASA is required to implementation of that MOU. claims against any of the entities or
include IGA-based cross-waivers in (2) The term ‘‘related entity’’ means: persons listed in paragraphs (c)(1)(i)
contracts and agreements for ISS (i) A contractor or subcontractor of a through (c)(1)(iv) of this section based
activities that fall within the scope of Party or a Partner State at any tier; on damage arising out of Protected
‘‘Protected Space Operations,’’ as that (ii) A user or customer of a Party or Space Operations. This cross-waiver
term is defined in § 1266.102. The a Partner State at any tier; or shall apply only if the person, entity, or
purpose of the waiver is to encourage (iii) A contractor or subcontractor of property causing the damage is involved
participation in the ‘‘exploration, a user or customer of a Party or a Partner in Protected Space Operations and the
exploitation, and use of outer space’’ State at any tier. The term ‘‘related person, entity, or property damaged is
through the ISS. The IGA declares the entity’’ may also apply to a State, or an damaged by virtue of its involvement in
Partner States’ intention that this cross- agency or institution of a State, having Protected Space Operations. The cross-
waiver of liability be broadly construed the same relationship to a Partner State waiver shall apply to any claims for
to achieve this purpose. NASA as described in paragraphs (b)(2)(i) damage, whatever the legal basis for
incorporates the provisions of through (b)(2)(iii) of this section or such claims against:
§ 1266.102 into its agreements for otherwise engaged in the (i) Another Party;
activities that implement the IGA and implementation of Protected Space (ii) A Partner State other than the
the memoranda of understanding Operations as defined in paragraph (b) United States of America;
between the United States and its (3)(vi) of this section. The terms (iii) A related entity of any entity
respective international partners. The ‘‘contractors’’ and ‘‘subcontractors’’ identified in paragraph (c)(1)(i) or
provisions at § 1266.104 of this part include suppliers of any kind. (c)(1)(ii) of this section; or
provide the regulatory basis for cross- (3) The term ‘‘damage’’ means: (iv) The employees of any of the
waiver clauses to be incorporated in (i) Bodily injury to, or other entities identified in paragraphs (c)(1)(i)
NASA’s science and space exploration impairment of health of, or death of, any through (c)(1)(iii) of this section.
agreements that do not involve activities person; (2) In addition, each Party shall, by
in connection with the ISS and are (ii) Damage to, loss of, or loss of use contract or otherwise, extend the cross-
launched by either ELVs or RLVs. of any property; waiver of liability as set forth in
(iii) Loss of revenue or profits; or paragraph (c)(1) of this section to its
§ 1266.102 Cross-waiver of liability for (iv) Other direct, indirect or related entities by requiring them, by
agreements involving activities related to consequential damage. contract or otherwise, to:
the International Space Station (ISS). (4) The term ‘‘launch vehicle’’ means (i) Waive all claims against the
(a) The objective of this section is to an object or any part thereof intended entities or persons identified in
implement NASA’s responsibility to for launch, launched from Earth, or paragraphs (c)(1)(i) through (c)(1)(iv) of
flow down the cross-waiver of liability returning to Earth which carries this section; and
in Article 16 of the IGA to its related payloads or persons, or both. (ii) Require that their related entities
entities in the interest of encouraging (5) The term ‘‘payload’’ means all waive all claims against the entities or
participation in the exploration, property to be flown or used on or in a persons identified in paragraphs (c)(1)(i)
exploitation, and use of outer space launch vehicle or the ISS. through (c)(1)(iv) of this section.
through the ISS. It is intended that the (6) The term ‘‘Protected Space (3) For avoidance of doubt, this cross-
cross-waiver of liability be broadly Operations’’ means all launch vehicle waiver of liability includes a cross-
construed to achieve this objective. activities, ISS activities, and payload waiver of claims arising from the
Provided that the waiver of claims is activities on Earth, in outer space, or in Convention on International Liability
reciprocal, the parties may tailor the transit between Earth and outer space in for Damage Caused by Space Objects,
scope of the cross-waiver clause in these implementation of the IGA, MOUs which entered into force on September
agreements to address the specific concluded pursuant to the IGA, and 1, 1972, where the person, entity, or
circumstances of a particular implementing arrangements. It includes, property causing the damage is involved
cooperation. but is not limited to: in Protected Space Operations and the
(b) For the purposes of this section: (i) Research, design, development, person, entity, or property damaged is
(1) The term ‘‘Partner State’’ includes test, manufacture, assembly, integration, damaged by virtue of its involvement in
each contracting party for which the operation, or use of launch or transfer Protected Space Operations.
Agreement Among The Government of vehicles, the ISS, payloads, or (4) Notwithstanding the other
Canada, Governments of Member States instruments, as well as related support provisions of this section, this cross-
of the European Space Agency, the equipment and facilities and services; waiver of liability shall not be
Government of Japan, the Government and applicable to:
of the Russian Federation, and the (ii) All activities related to ground (i) Claims between a Party and its own
Government of the United States of support, test, training, simulation, or related entity or between its own related
America Concerning Cooperation on the guidance and control equipment and entities;
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Civil International Space Station (signed related facilities or services. ‘‘Protected (ii) Claims made by a natural person,
January 29, 1998; hereinafter the Space Operations’’ also includes all his/her estate, survivors or subrogees
‘‘Intergovernmental Agreement’’) has activities related to evolution of the ISS, (except when a subrogee is a Party to
entered into force or become operative as provided for in Article 14 of the IGA. this Agreement or is otherwise bound by
(pursuant to Sections 25 and 26, ‘‘Protected Space Operations’’ excludes the terms of this cross-waiver) for bodily
respectively, of the Intergovernmental activities on Earth which are conducted injury to, or other impairment of health
Agreement), or any successor on return from the ISS to develop of, or death of such person;

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62064 Federal Register / Vol. 71, No. 204 / Monday, October 23, 2006 / Proposed Rules

(iii) Claims for damage caused by implementation of Protected Space (iii) A related entity of any entity
willful misconduct; Operations as defined in paragraph identified in paragraphs (c)(1)(i) or
(iv) Intellectual property claims; (b)(6) of this section. The terms (c)(1)(ii) of this section; or
(v) Claims for damage resulting from ‘‘contractors’’ and ‘‘subcontractors’’ (iv) The employees of any of the
a failure of a Party to extend the cross- include suppliers of any kind. entities identified in paragraphs (c)(1)(i)
waiver of liability to its related entities, (3) The term ‘‘damage’’ means: through (c)(1)(iii) of this section.
pursuant to paragraph (c)(2) of this (i) Bodily injury to, or other
section; or (2) In addition, each Party shall
impairment of health of, or death of, any extend the cross-waiver of liability as
(vi) Claims by or against a Party person;
arising out of or relating to the other set forth in paragraph (c)(1) of this
(ii) Damage to, loss of, or loss of use section to its own related entities by
Party’s failure to meet its contractual
of any property; requiring them, by contract or
obligations set forth in the Agreement.
(5) Nothing in this section shall be (iii) Loss of revenue or profits; or otherwise, to:
construed to create the basis for a claim (iv) Other direct, indirect, or (i) Waive all claims against the
or suit where none would otherwise consequential damage. entities or persons identified in
exist. (4) The term ‘‘launch vehicle’’ means paragraphs (c)(1)(i) through (c)(1)(iv) of
(6) This cross-waiver shall not be an object or any part thereof intended this section; and
applicable when the Commercial Space for launch, launched from Earth, or
returning to Earth which carries (ii) Require that their related entities
Launch Act cross-waiver (49 U.S.C.
payloads or persons, or both. waive all claims against the entities or
70101 et seq.) is applicable.
persons identified in paragraphs (c)(1)(i)
(5) The term ‘‘payload’’ means all
§ 1266.103 [Reserved]. through (c)(1)(iv) of this section.
property to be flown or used on or in a
§ 1266.104 Cross-waiver of liability for launch vehicle. (3) For avoidance of doubt, this cross-
science and space exploration agreements (6) The term ‘‘Protected Space waiver of liability includes a cross-
for missions launched by Expendable Operations’’ means all ELV or RLV waiver of claims arising from the
Launch Vehicles or Reusable Launch activities and payload activities on Convention on International Liability
Vehicles. Earth, in outer space, or in transit for Damage Caused by Space Objects,
(a) The purpose of this section is to between Earth and outer space in which entered into force on September
implement a cross-waiver of liability implementation of an agreement for 1, 1972, where the person, entity, or
between the parties to agreements for launch services. It includes, but is not property causing the damage is involved
NASA’s science and space exploration limited to: in Protected Space Operations and the
missions launched by an Expendable (i) Research, design, development, person, entity, or property damaged is
Launch Vehicle (ELV) or Reusable test, manufacture, assembly, integration, damaged by virtue of its involvement in
Launch Vehicle (RLV) when those operation, or use of launch or transfer Protected Space Operations.
missions do not involve activities in vehicles, payloads, or instruments, as (4) Notwithstanding the other
connection with the International Space well as related support equipment and provisions of this section, this cross-
Station (ISS). This comprehensive cross- facilities and services; and waiver of liability shall not be
waiver of liability is intended to apply (ii) All activities related to ground applicable to:
both between the parties to those support, test, training, simulation, or (i) Claims between a Party and its own
agreements as well as to the parties’ guidance and control equipment and related entity or between its own related
related entities, in the interest of related facilities or services. The term entities;
furthering participation in space ‘‘Protected Space Operations’’ excludes
exploration, use, and investment. It is (ii) Claims made by a natural person,
activities on Earth that are conducted on
intended that the cross-waiver of his/her estate, survivors, or subrogees
return from space to develop further a
liability be broadly construed to achieve (except when a subrogee is a Party to
payload’s product or process for use
this objective. Provided that the waiver this Agreement or is otherwise bound by
other than for the activities within the
of claims is reciprocal, the parties may the terms of this cross-waiver) for bodily
scope of an Agreement for launch
tailor the scope of the cross-waiver injury to, or other impairment of health
services.
clause in these agreements to address of, or death of such natural person;
(c) Cross-waiver of liability: (1) Each
the specific circumstances of a Party agrees to a cross-waiver of liability (iii) Claims for damage caused by
particular cooperation. pursuant to which each Party waives all willful misconduct;
(b) For purposes of this section:
(1) The term ‘‘Party’’ means a party to claims against any of the entities or (iv) Intellectual property claims;
a NASA agreement involving a launch persons listed in paragraphs (c)(1)(i) (v) Claims for damages resulting from
of an ELV or RLV not involving through (c)(1)(iv) of this section based a failure of a Party to extend the cross-
activities in connection with the ISS. on damage arising out of Protected waiver of liability to its related entities,
(2) The term ‘‘related entity’’ means: Space Operations. This cross-waiver pursuant to paragraph (c)(2) of this
(i) A contractor or subcontractor of a shall apply only if the person, entity, or section; or
Party at any tier; property causing the damage is involved
in Protected Space Operations and the (vi) Claims by or against a Party
(ii) A user or customer of a Party at arising out of or relating to the other
any tier; or person, entity, or property damaged is
damaged by virtue of its involvement in Party’s failure to meet its contractual
(iii) A contractor or subcontractor of obligations set forth in the Agreement.
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a user or customer of a Party at any tier. Protected Space Operations. The cross-
The term ‘‘related entity’’ may also waiver shall apply to any claims for (5) Nothing in this section shall be
apply to a State or an agency or damage against: construed to create the basis for a claim
institution of a State, having the same (i) Another Party; or suit where none would otherwise
relationship to a Party as described in (ii) A party to another NASA exist.
paragraphs (b)(2)(i) through (b)(2)(iii) of agreement that includes flight on the (6) This cross-waiver shall not be
this section, or otherwise engaged in the same launch vehicle; applicable when the Commercial Space

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Federal Register / Vol. 71, No. 204 / Monday, October 23, 2006 / Proposed Rules 62065

Launch Act cross-waiver (49 U.S.C. 1401 Constitution Avenue, NW., requested from: Bureau of Industry and
70101 et seq.) is applicable. Washington, DC 20230; (202) 482–2165. Security, Office of Administration, U.S.
The Office of Administration displays Department of Commerce, Room 6883,
Michael D. Griffin,
these public comments on BIS’s 1401 Constitution Avenue, NW.,
Administrator. Freedom of Information Act (FOIA) Web Washington, DC 20230; (202) 482–2165.
[FR Doc. E6–17701 Filed 10–20–06; 8:45 am] site at http://www.bis.doc.gov/foia. This The Office of Administration displays
BILLING CODE 7510–13–P office does not maintain a separate these public comments on BIS’s
public inspection facility. If you have Freedom of Information Act (FOIA) Web
technical difficulties accessing this Web site at http://www.bis.doc.gov/foia. This
DEPARTMENT OF COMMERCE site, please call BIS’s Office of office does not maintain a separate
Administration at (202) 482–2165 for public inspection facility. If you have
Bureau of Industry and Security assistance. technical difficulties accessing this Web
SUPPLEMENTARY INFORMATION: The site, please call BIS’s Office of
15 CFR Chapter VII Administration at (202) 482–2165 for
Bureau of Industry and Security (BIS)
[Docket No. 061010262–6262–01] authorizes exports of agricultural assistance.
commodities to Cuba pursuant to Dated: October 17, 2006.
Effectiveness of Licensing Procedures section 906(c) of the Trade Sanctions Christopher A. Padilla,
for Agricultural Commodities to Cuba Reform and Export Enhancement Act of Assistant Secretary for Export
AGENCY: Bureau of Industry and 2000 (TSRA) (22 U.S.C. 7205(a)), under Administration.
Security, Commerce. the procedures set forth in § 740.18 of [FR Doc. E6–17707 Filed 10–20–06; 8:45 am]
the Export Administration Regulations BILLING CODE 3510–33–P
ACTION: Request for comments.
(EAR) (15 CFR 740.18). These are the
SUMMARY: The Bureau of Industry and only licensing procedures currently in
Security (BIS) is requesting public effect pursuant to the requirements of DEPARTMENT OF COMMERCE
comments on the effectiveness of its section 906(a) of TSRA. Please include
licensing procedures as defined in the the phrase TSRA 2006 on the envelope Bureau of Industry and Security
Export Administration Regulations for or in the subject line of the email as
the export of agricultural commodities appropriate. 15 CFR Chapter VII
to Cuba. BIS will include a description Under the provisions of section 906(c) [Docket No. 061005255–6255–01]
of these comments in its biennial report of TSRA (22 U.S.C. 7205(c)), BIS must
to the Congress, as required by the submit a biennial report to the Congress Effects of Foreign Policy-Based Export
Trade Sanctions Reform and Export on the operation of the licensing system Controls
Enhancement Act of 2000 (Pub. L. 106– implemented pursuant to section 906(a)
for the preceding two-year period. This AGENCY: Bureau of Industry and
387), as amended. Security, Commerce.
report is to include the number and
DATES: Comments must be received by ACTION: Request for comments on
types of licenses applied for, the
November 22, 2006. foreign policy-based export controls.
number and types of licenses approved,
ADDRESSES: Written comments (three the average amount of time elapsed from
copies) should be sent to Regulatory SUMMARY: The Bureau of Industry and
the date of filing of a license application
Policy Division, Bureau of Industry and Security (BIS) is reviewing the foreign
until the date of its approval, the extent
Security, U.S. Department of Commerce, policy-based export controls in the
to which the licensing procedures were
Room 2705, Washington, DC 20230 with Export Administration Regulations to
effectively implemented, and a
a reference to TSRA 2006 Report, or to determine whether they should be
description of comments received from
e-mail publiccomments@bis.doc.gov modified, rescinded or extended. To
interested parties during a 30-day public
with a reference to TSRA 2006 Report help make these determinations, BIS is
comment period about the effectiveness
in the subject line. Comments may also seeking comments on how existing
of the licensing procedures. BIS is
be emailed to Joan Roberts, Office of foreign policy-based export controls
currently preparing a biennial report on
Nonproliferation and Treaty have affected exporters and the general
the operation of the licensing system for
Compliance, at JRoberts@bis.doc.gov. public.
the two-year period from October 1,
FOR FURTHER INFORMATION CONTACT: Joan DATES: Comments must be received by
2004 to September 30, 2006.
Roberts, Office of Nonproliferation and By this notice, BIS requests public November 22, 2006.
Treaty Compliance, Telephone: (202) comments on the effectiveness of the ADDRESSES: Written comments may be
482–4252. Additional information on licensing procedures for the export of sent by e-mail to
BIS procedures and our previous agricultural commodities to Cuba set publiccomments@bis.doc.gov. Include
biennial report under the Trade forth under § 740.18 of the EAR. Parties ‘‘FPBEC’’ in the subject line of the
Sanctions Reform and Export submitting comments are asked to be as message. Written comments (three
Enhancement Act, as amended, is specific as possible. All comments copies) may be submitted by mail or
available at http://www.bis.doc.gov/ received by the close of the comment hand delivery to Sheila Quarterman,
licensing/TSRA_TOC.html. Copies of period will be considered by BIS in Regulatory Policy Division, Bureau of
these materials may also be requested by developing the report to Congress. Industry and Security, Department of
contacting the Office of All information relating to the notice Commerce, 14th Street & Pennsylvania
mstockstill on PROD1PC76 with PROPOSALS

Nonproliferation and Treaty will be a matter of public record and Avenue, NW., Room 2705, Washington,
Compliance. will be available for public inspection DC 20230. Include ‘‘FPBEC’’ in the
Copies of the public record and copying. In the interest of accuracy subject line of the message.
concerning these regulations may be and completeness, BIS requires written FOR FURTHER INFORMATION CONTACT: Joan
requested from: Bureau of Industry and comments. Roberts, Director, Foreign Policy
Security, Office of Administration, U.S. Copies of the public record Division, Office of Nonproliferation and
Department of Commerce, Room 6883, concerning these regulations may be Treaty Compliance, Bureau of Industry

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