[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28201]


[[Page Unknown]]

[Federal Register: November 16, 1994]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 770, 772, 773, 774, and 776

[Docket No. 940976-4276]
RIN 0694-AB04

 

Revisions to the Export Administration Regulations

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Export Administration (BXA) is amending the 
Export Administration Regulations (EAR), to make certain editorial 
clarifications and corrections and, in some cases, insert material 
inadvertently omitted from earlier regulatory amendments.

EFFECTIVE DATE: This rule is effective November 16, 1994.

FOR FURTHER INFORMATION CONTACT: Sharron Cook, Regulatory Policy 
Division, Bureau of Export Administration, Telephone: (202) 482-0074.

SUPPLEMENTARY INFORMATION: Specifically, this rule makes the following 
corrections and clarifications:
    (1) Revises Sec. 770.11 by clarifying how applicants obtain status 
information on export license applications;
    (2) Revises Sec. 770.13 by amending the introductory text.
    (3) Revises Sec. 772.4 by removing the phrase ``or GTE'' and 
amending how to apply for a validated license.
    (4) Revises Sec. 772.11 by amending the regulatory citing.
    (5) Revises Supplement No. 1 to Part 772 by adding the phrase ``AND 
END-USER(S)''.
    (6) Revises Sec. 773.9(l) by adding ``Argentina, Hungary, Finland, 
and Sweden'' to the list of countries eligible for permissive reexport 
under the Special Chemical License.
    (7) Revises Sec. 774.2 by adding the parenthetical phrase ``(except 
supercomputers)''.
    (8) Revises Sec. 776.12 by removing the requirement for submission 
of Form BXA-6031P with applications for use of U.S.-origin parts and 
components in foreign goods.
    Although the Export Administration Act (EAA) expired on August 20, 
1994, the President invoked the International Emergency Economic Powers 
Act and continued in effect, to the extent permitted by law, the 
provisions of the EAA and the EAR in Executive Order 12924 of August 
19, 1994.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
puposes of Executive Order 12866.
    2. 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 0694-0005, 0694-0010, and 0694-0013.
    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 section 
553 of 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 foreign and military 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.
    Therefore, this regulation is issued in final form. Although there 
is no formal comment period, public comments on this regulation are 
welcome on a continuing basis. Comments should be submitted to Sharron 
Cook, Regulatory Policy Division, Bureau of Export Administration, 
Department of Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects

15 CFR Part 770

    Administrative practice and procedure, Exports.

15 CFR Parts 772, 773, 774, and 776

    Exports, Reporting and recordkeeping requirements.

    Accordingly, Parts 770, 772, 773, 774, and 776 of the Export 
Administration Regulations (15 CFR Parts 730-799) are amended as 
follows:
    1. The authority citations for 15 CFR Parts 770, 772, and 774 are 
revised to read as follows:

    Authority: 50 U.S.C. App. 5, as amended; Pub. L. 264, 59 Stat. 
619 (22 U.S.C. 287c), as amended; Pub. L. 90-351, 82 Stat. 197 (18 
U.S.C. 2510 et seq.), as amended; sec. 101, Pub. L. 93-153, 87 Stat. 
576 (30 U.S.C. 185), as amended; sec. 103, Pub. L. 94-163, 89 Stat. 
877 (42 U.S.C. 6212), as amended; secs. 201 and 201(11)(e), Pub. L. 
94-258, 90 Stat. 309 (10 U.S.C. 7420 and 7430(e)), as amended; Pub. 
L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et seq.); Pub. L. 95-242, 
92 Stat. 120 (22 U.S.C. 3201 et seq. and 42 U.S.C. 2139a); sec. 208, 
Pub. L. 95-372, 92 Stat. 668 (43 U.S.C. 1354); Pub. L. 96-72, 93 
Stat. 503 (50 U.S.C. App. 2401 et seq.), as amended; sec. 125, Pub. 
L. 99-64, 99 Stat. 156 (46 U.S.C. 466c); Pub. L. 102-484, 106 Stat. 
2575 (22 U.S.C. 6004); E.O. 11912 of April 13, 1976 (41 FR 15825, 
April 15, 1976); E.O. 12002 of July 7, 1977 (42 FR 35623, July 7, 
1977), as amended; E.O. 12058 of May 11, 1978 (43 FR 20947, May 16, 
1978); E.O. 12214 of May 2, 1980 (45 FR 29783, May 6, 1980); E.O. 
12735 of November 16, 1990 (55 FR 48587, November 20, 1990), as 
continued by Notice of November 12, 1993 (58 FR 60361, November 15, 
1993); E.O. 12851 of June 11, 1993 (58 FR 33181, June 15, 1993); 
E.O. 12867 of September 30, 1993 (58 FR 51747, October 4, 1993); E.O 
12918 of May 26, 1994 (59 FR 28205, May 31, 1994); E.O. 12924 of 
August 19, 1994 (59 FR 43437 of August 23, 1994); and E.O. 12930 (59 
FR 50475 of October 3, 1994).

    2. The authority citation for 15 CFR Part 773 is revised to read as 
follows:

    Authority: Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et 
seq.), as amended; Pub. L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et 
seq.); Pub. L. 95-242, 92 Stat. 120 (22 U.S.C. 3201 et seq. and 42 
U.S.C. 2139a); Pub. L. 96-72, 93 Stat. 503 (50 U.S.C. App. 2401 et 
seq.), as amended [(extended by Pub. L. 103-10, 107 Stat. 40 and by 
Pub. L. 103-277, 108 Stat. 1407)]; Pub. L. 102-484, 106 Stat. 2575 
(22 U.S.C. 6004); E.O. 12002 of July 7, 1977 (42 FR 35623, July 7, 
1977), as amended; E.O. 12058 of May 11, 1978 (43 FR 20947, May 16, 
1978); E.O. 12214 of May 2, 1980 (45 FR 29783, May 6, 1980); E.O. 
12735 of November 16, 1990 (55 FR 48587, November 20, 1990), as 
continued by Notice of November 12, 1993 (58 FR 60361, November 15, 
1993); E.O. 12851 of June 11, 1993 (58 FR 33181, June 15, 1993); 
E.O. 12867 of September 30, 1993 (58 FR 51747, October 4, 1993); 
E.O. 12930 of September 29, 1994 (59 FR 50475, October 3, 1994); 
E.O. 12924 of August 19, 1994 (59 FR 43437 of August 23, 1994); and 
E.O. 12930 (59 FR 50475 of October 3, 1994).

    3. The authority citation for 15 CFR part 776 is revised to read as 
follows:

    Authority: Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et 
seq.), as amended; Pub. L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et 
seq.); Pub. L. 95-242, 92 Stat. 120 (22 U.S.C. 3201 et seq. and 42 
U.S.C. 2139a); Pub. L. 96-72, 93 Stat. 503 (50 U.S.C. App. 2401 et 
seq.), as amended; sec. 125, Pub. L. 99-64, 99 Stat. 156 (46 U.S.C. 
466c); E.O. 12002 of July 7, 1977 (42 FR 35623, July 7, 1977), as 
amended; E.O. 12058 of May 11, 1978 (43 FR 20947, May 16, 1978); 
E.O. 12214 of May 2, 1980 (45 FR 29783, May 6, 1980); E.O. 12735 of 
November 16, 1990 (55 FR 48587, November 20, 1990), as continued by 
Notice of November 12, 1993 (58 FR 60361, November 15, 1993); E.O. 
12867 of September 30, 1993 (58 FR 51747 of October 4, 1993); E.O. 
12924 of August 19, 1994 (59 FR 43437, August 23, 1994); E.O. 12930 
(59 FR 50475 of October 3, 1994).

PART 770--[AMENDED]

    4. Section 770.11 is amended by revising the fifth sentence in 
paragraph (a)(2)(i)(A) and paragraph (a)(2)(i)(B) to read as follows:


Sec. 770.11  Information to exporters.

    (a) * * *
    (2) * * *
    (i) * * *
    (A) * * * The case number entered must use the number ``1'' to 
represent the letter ``A'', the number ``2'' to represent the letter 
``B'', the number ``3'' to represent the letter ``C'', the number ``4'' 
to represent the letter ``D'', the number ``8'' to represent the letter 
``H'', and the asterisk symbol ``*'' to represent the hyphen ``-'' that 
appears in a case number assigned to an amendment application. * * *
    (B) Applicants for individual validated export licenses, 
amendments, or reexport requests who do not have case numbers or who 
experience difficulty in using STELA may call the Exporter Counseling 
Division of the Bureau of Export Administration on (202) 482-4811 for 
status information. Calls will be answered Monday through Friday from 
8:30 a.m. to 5:00 p.m., Eastern Standard time. Status information on 
special licenses is not available from STELA, but can be obtained from 
the Special Licensing and Compliance Division, Bureau of Export 
Administration, at (202) 482-0062. Requests for status information may 
be made only by the applicant or applicant's agent. Callers must 
identify themselves with information contained on the applicant's file 
copy of the application.
* * * * *
    5. Section 770.13 is amended by revising paragraph (a), 
introductory text, to read as follows:
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    \7\See Sec. 772.4(h) of this subchapter for procedures to 
expedite processing of an export license application in an emergency 
situation.
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Sec. 770.13  Procedures for processing license applications.7

    (a) General. This section implements section 10 of the Export 
Administration Act of 1979, as amended (the Act), which prescribes 
procedures for processing export license applications, including time 
limits for certain stages of the process. Section 770.14 describes 
shorter processing time frames for export license applications for 
COCOM participating or cooperating countries, as required by section 
10(o) of the Act. As set forth in paragraph (g) of this section, 
applications subject to nuclear non-proliferation controls are not 
subject to all the requirements of this section. As used in this 
section:
* * * * *

PART 772--[AMENDED]

    7. Section 772.4 is amended:
    (a) By revising paragraph (a)(1)(i); and
    (b) By revising the phrase ``Humanitarian or GTE Licenses'' to read 
``Humanitarian or G-TEMP Licenses'' in paragraph (i)(6), as follows:


Sec. 772.4  How to apply for a validated license.

    (a) * * *
    (1) * * *
    (i) An application for a validated license must be submitted on 
Form BXA-622P, Application for Export License. An application that 
omits essential information, or that is otherwise incomplete, will be 
returned without action to the applicant. (See Sec. 770.12 for 
instructions on obtaining forms.)
* * * * *


Sec. 772.11  [Amended]

    8. Section 772.11 is amended by revising the phrase 
``Sec. 786.7(a)'' in paragraph (e)(4) to read ``Sec. 786.7''; and by 
revising the phrase ``Sec. 786.7(b)'' in paragraph (e)(5) to read 
``Sec. 786.7''.


Supplement No. 1 to Part 772  [Amended]

    9. Supplement No. 1 to part 772 is amended by adding the phrase 
``AND END-USER(S)'' directly following the phrase ``PROVIDED ACTUAL 
END-USE(S)'' in Item 6.

PART 773--[AMENDED]


Sec. 773.9  [Amended]

    10. Section 773.9 is amended by revising the phrase ``Australia, 
Austria, Ireland, Japan, New Zealand, and Switzerland'' in the notice 
at the end of paragraph (l) to read ``Argentina, Australia, Austria, 
Finland, Hungary, Ireland, Japan, New Zealand, Sweden, or 
Switzerland''.

PART 774--[AMENDED]


Sec. 774.2  [Amended]

    11. Section 774.2 is amended by adding a parenthetical phrase 
``(except supercomputers)'' directly following the phrase ``Commerce 
Control List'' in paragraph (i)(5).

PART 776--[AMENDED]

    12. Section 776.12 is amended by revising paragraph (e)(5) to read 
as follows:


Sec. 776.12  Parts, components, and materials incorporated abroad into 
foreign-made products.

* * * * *
    (e) * * *
    (5) Supporting documentation. The supporting documentation 
otherwise required for a license application need not be submitted with 
a parts and components request.
* * * * *
    Dated: November 9, 1994.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 94-28201 Filed 11-15-94; 8:45 am]
BILLING CODE 3510-DT-P