21 January 1999
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

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[Federal Register: January 21, 1999 (Volume 64, Number 13)]
[Rules and Regulations]
[Page 3213-3214]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ja99-10]

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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 742 and 743

[Docket No. 980911233-9007-03]
RIN 0694-AB80


Correction to Encryption Items

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Interim rule.

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SUMMARY: On December 31, 1998 (63 FR 72156), the Bureau of Export
Administration published an interim rule revising the Export
Administration Regulations (EAR) to streamline U.S. controls for
exports and reexports of encryption commodities and software. This
revision implemented the Administration's September 1998 policy
initiative for exports and reexports of encryption commodities and
software to U.S. subsidiaries, insurance companies, health and medical
end-users, on-line merchants and foreign commercial firms.
    This regulation amends the EAR by correcting three inadvertent
typographic errors in the Encryption Items regulation which appeared in
the Federal Register on December 31, 1998.

EFFECTIVE DATE: This rule is effective January 21, 1999.

FOR FURTHER INFORMATION CONTACT: Frank Ruggiero, Regulatory Policy
Division, Bureau of Export Administration, Telephone: (202) 482-2440.

SUPPLEMENTARY INFORMATION:
    On December 31, 1998, the Bureau of Export Administration published
a regulation updating its encryption policy. This regulation corrects
three typographical errors in that notice.
    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 42527), August 13, 1997 (62 FR 43629)
and August 13, 1998 (63 FR 44121).

Rulemaking Requirements

    1. This interim rule has been determined to not be significant for
purposes of E.O. 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person 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 currently valid Office of Management and Budget
Control Number. This rule contains 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 0694-0088, ``Multi-Purpose Application,'' which
carries a burden hour estimate of 52.5 minutes per submission; and
0694-0104, ``Commercial Encryption Items Transferred from the
Department of State to the Department of Commerce.'' The Department has
submitted to OMB an emergency request for approval of the changes to
the collection of information under OMB control number 0694-0104.
Comments on collection 0694-0104 will be accepted until March 1, 1999.
    3. This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism assessment under E.O.
12612.
    4. 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 and foreign affairs
function of the United

[[Page 3214]]

States (Sec. 5 U.S.C. 553(a)(1)). Further, no other law requires that a
notice of proposed rulemaking and an opportunity for public comment be
given for this interim final rule. Because a notice of proposed
rulemaking and an opportunity for public comment are not required to be
given for this rule under 5 U.S.C. or by any other law, the
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq. )
are not applicable.

List of Subjects

15 CFR Part 742

    Exports, Foreign trade, Terrorism.

15 CFR Part 743

    Administrative practice and procedure, Exports, Foreign trade,
Reporting and recordkeeping requirements.
    Accordingly, parts 742 and 743 of the Export Administration
Regulations (15 CFR parts 730-799) are amended as follows:
    1. The authority citation for 15 CFR part 742 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
18 U.S.C. 2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a;
E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 3
CFR, 1993 Comp., p. 608; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp.,
p. 917; E.O. 12938, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 3 CFR,
1996 Comp. p. 219; E.O. 13026, 3 CFR, 1996 Comp., p. 228; Notice of
August 13, 1997, 3 CFR, 1997 Comp., p. 306; Notice of August 13,
1998 (63 FR 44121, August 17, 1998).

    2. The authority citation for 15 CFR part 743 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; Notice of August
17, 1998 (63 FR 55121, August 17, 1998).

PART 742--[CORRECTED]

Sec. 742.15  [Corrected]

    3. Section 742.15 is amended by revising the second ``v'' paragraph
designation in paragraph (b)(6) to read ``vi''.
    4. Supplement No. 4 to Part 742 is amended by revising the title of
the supplement to read ``Key Escrow or Key Recovery Products
Criteria''.

PART 743--[CORRECTED]

Sec. 743.1  [Corrected]

    5. Section 743.1 is amended by revising the phrase ``ENC'' in the
first sentence of paragraph (b) to read ``and GOV''.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 99-1344 Filed 1-20-99; 8:45 am]
BILLING CODE 3510-33-P
