15 March 1999
Source: http://www.access.gpo.gov/su_docs/aces/fr-cont.html

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[Federal Register: March 15, 1999 (Volume 64, Number 49)]
[Rules and Regulations]
[Page 12744-12745]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr99-3]

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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 774

[Docket No. 981229330-8330-01]
RIN 0694-AB77


Correction to Revisions and Clarifications to the Export
Administration Regulations; Commerce Control List

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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SUMMARY: On March 5, 1999, the Bureau of Export Administration (BXA)
published a final rule (64 FR 10852) revising the Commerce Control List
(CCL) by making certain revisions and clarifications and, in some
cases, inserted material inadvertently omitted from the January 15,
1998 (63 FR 2452) interim rule that implemented the Wassenaar
Arrangement list of dual-use items.
    This regulation amends the CCL by correcting two inadvertent
typographic errors in the Clarification regulation which appeared in
the Federal Register on March 5, 1999.

DATES: This rule is effective March 15, 1999.

FOR FURTHER INFORMATION CONTACT: Patricia Muldonian, Regulatory Policy
Division, Office of Exporter Services, Bureau of Export Administration,
Telephone: (202) 482-2440.

SUPPLEMENTARY INFORMATION: Although the Export Administration Act (EAA)
expired on August 20, 1994, the President invoked the International
Emergency Economic Powers Act and continued in effect the EAR and, to
the extent permitted by law, the provisions of the EAA in Executive
Order 12924 of August 19, 1994, as extended by the President's notices
of August 15, 1995 (60 FR 42767), August 14, 1996 (61 FR 42767), August
13, 1997 (62 FR 43629) and August 13, 1998 (63 FR 44121).

Rulemaking Requirements

    1. This final rule has been determined to be not significant for
the purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a current valid OMB Control Number. 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 0694-0086 and
0694-0088.
    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 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 effective date, are inapplicable
because this regulation involves a military or foreign affairs function
of the United States. No other law requires that a notice of proposed
rulemaking and an opportunity for public comment be given for this
rule.
    Accordingly, it is issued in final form. However, comments from the
public are always welcome. Comments should be submitted to Patricia
Muldonian, Regulatory Policy Division, Office of Exporter Services,
Bureau of Export Administration, Department of Commerce, P.O. Box 273,
Washington, DC 20044.

List of Subjects in 15 CFR Part 774

    Exports, Foreign trade.
    Accordingly, Part 774 of the Export Administration Regulations (15
CFR Parts 730-799) is amended as follows:

PART 774--[AMENDED]

    1. The authority citation for 15 CFR Part 774 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C.
287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; Sec. 201, Pub. L. 104-
58, 109 Stat. 557 (30 U.S.C. 185(s)); 30 U.S.C. 185(u); 42 U.S.C.
2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50
U.S.C. app. 5; E.O. 12924, 3 CFR, 1994 Comp., p. 917; E.O.

[[Page 12745]]

13020, 3 CFR, 1996 Comp. p. 219; E.O. 13026, 3 CFR, 1996 Comp., p.
228; Notice of August 13, 1997 (62 FR 43629, August 15, 1997);
Notice of August 17, 1998 (63 FR 55121, August 17, 1998).

PART 774--[CORRECTED]

Supplement No. 1 to part 774--the Commerce Control List--
[Corrected]

    2. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4--Computers, Export Control Classification Numbers (ECCNs)
4D001 and 4E001 are amended by revising the License Requirements
sections to read as follows:

4D001  ``Software'' Specially Designed or Modified for the
``Development'', ``Production'' or ``Use'' of Equipment or
``Software'' Controlled by 4A001 to 4A004, or 4D (Except 4D980,
4D993 or 4D994)

License Requirements

    Reason for Control: NS, MT, CC, AT, NP, XP

------------------------------------------------------------------------
                Control(s)                         Country chart
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NS applies to ``software'' for             NS Column 1
 commodities or software controlled by
 4A001 to 4A004, 4D001 to 4D003.
MT applies to ``software'' for equipment   MT Column 1
 controlled by 4A001 to 4A003 for MT
 reasons.
CC applies to ``software'' for for         CC Column 1
 computerized finger-print equipment
 controlled by 4A003 for CC reasons.
AT applies to entire entry...............  AT Column 1
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    NP applies to ``software'' for computers with a CTP greater than
2,000 Mtops, unless a License Exception is available. See
Sec. 742.3(b) of the EAR for information on applicable licensing
review policies.
    XP applies to ``software'' for computers with a CTP greater than
2,000 Mtops, unless a License Exception is available. XP controls
vary according to destination and end-user and end-use. See
Sec. 742.12 of the EAR for additional information.
    License Requirement Notes: See Sec. 743.1 of the EAR for
reporting requirements for exports under License Exceptions.
* * * * *

4E001  ``Technology'' According to the General Technology Note, for
the ``Development'', ``Production'' or ``Use'' of Equipment or
``Software'' Controlled by 4A (Except 4A980, 4A993 or 4A994) or 4D
(Except 4D980, 4D993, 4D994)

License Requirements

    Reason for Control: NS, MT, CC, AT, NP, XP

------------------------------------------------------------------------
                Control(s)                         Country Chart
------------------------------------------------------------------------
NS applies to ``technology'' for           NS Column 1
 commodities or software controlled by
 4A001 to 4A004, 4D001 to 4D003.
MT applies to ``technology'' for items     MT Column 1
 controlled by 4A001 to 4A003 4A101,
 4D001, 4D102 or 4D002 for MT reasons.
CC applies to ``technology'' for           CC Column 1
 computerized finger-print equipment
 controlled by 4A003 for CC reasons.
AT applies to entire entry...............  AT Column 1
------------------------------------------------------------------------

    NP applies to ``technology'' for computers with a CTP greater
than 2,000 Mtops, unless a License Exception is available. See
Sec. 742.3(b) of the EAR for information on applicable licensing
review policies.
    XP applies to ``technology'' for computers with a CTP greater
than 2,000 Mtops, unless a License Exception is available. XP
controls vary according to destination and end-user and end-use. See
Sec. 742.12 of the EAR for additional information.
    License Requirement Notes: See Sec. 743.1 of the EAR for
reporting requirements for exports under License Exceptions.
* * * * *
    Dated: March 9, 1999.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 99-6269 Filed 3-12-99; 8:45 am]
BILLING CODE 3510-33-P
