[Federal Register Volume 63, Number 249 (Tuesday, December 29, 1998)]
[Rules and Regulations]
[Pages 71580-71581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34344]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 774

[Docket No. 981215307-8307-01]
RIN 0694-AB83


Expansion of License Exception CIV Eligibility for 
``Microprocessors'' Controlled by ECCN 3A001

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Interim rule with request for comments.

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SUMMARY: The Bureau of Export Administration (BXA) maintains the 
Commerce Control List (CCL), which identifies those items subject to 
Department of Commerce export licensing requirements. Consistent with 
technological changes, this interim rule adjusts the License Exception 
CIV eligibility level for microprocessors controlled by Export Control 
Classification Number (ECCN) 3A001 from a composite theoretical 
performance (CTP) of equal to or less than 500 million theoretical 
operations per second (MTOPS) to a CTP of equal to or less than 1200 
MTOPS. License Exception CIV is available for exports and reexports to 
civil end-users for civil end-uses in Country Group D:1.
    BXA will continue to review the technical levels for 
microprocessors.

DATES: This rule is effective on January 1, 1999. Comments on this rule 
must be received on or before January 30, 1999.

ADDRESSES: Written comments should be sent to Patricia Muldonian, 
Regulatory Policy Division, Bureau of Export Administration, Department 
of Commerce, P.O. Box 273, Washington, DC 20044.

FOR FURTHER INFORMATION CONTACT: James Lewis, Director, Office of 
Strategic Trade and Foreign Policy Controls, Bureau of Export 
Administration, Telephone: (202) 482-4196.


[[Page 71581]]


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, to the extent 
permitted by law, the provisions of the EAA and the EAR 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 be not 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 (PRA), unless that 
collection of information displays a currently valid OMB Control 
Number. This rule involves a collection of information subject to the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) This 
collection has been approved by the Office of Management and Budget 
under control number 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. 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 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 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 analytical requirements of the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq. ) are not applicable.
    However, because of the importance of the issues raised by these 
regulations, this rule is issued in interim form and comments will be 
considered in the development of final regulations.
    Accordingly, the Department encourages interested persons who wish 
to comment to do so at the earliest possible time to permit the fullest 
consideration of their views.
    The period for submission of comments will close on January 30, 
1999. The Department will consider all comments received before the 
close of the comment period in developing final regulations. Comments 
received after the end of the comment period will be considered if 
possible, but their consideration cannot be assured. The Department 
will not accept public comments accompanied by a request that a part or 
all of the material be treated confidentially because of its business 
proprietary nature or for any other reason. The Department will return 
such comments and materials to the person submitting the comments and 
will not consider them in the development of final regulations. All 
public comments on these regulations will be a matter of public record 
and will be available for public inspection and copying. In the 
interest of accuracy and completeness, the Department requires comments 
in written form.
    Oral comments must be followed by written memoranda, which will 
also be a matter of public record and will be available for public 
review and copying. Communications from agencies of the United States 
Government or foreign governments will not be made available for public 
inspection.
    The public record concerning these regulations will be maintained 
in the Bureau of Export Administration Freedom of Information Records 
Inspection Facility, Room 4525, Department of Commerce, 14th Street and 
Pennsylvania Avenue, NW, Washington, DC 20230. Records in this 
facility, including written public comments and memoranda summarizing 
the substance of oral communications, may be inspected and copied in 
accordance with regulations published in Part 4 of Title 15 of the Code 
of Federal Regulations. Information about the inspection and copying of 
records at the facility may be obtained from Margaret Cornejo, Bureau 
of Export Administration Freedom of Information Officer, at the above 
address or by calling (202) 482-5653.

List of Subjects in 15 CFR part 774

    Exports, Foreign Trade.

    Accordingly, part 774 of the Export Administration Regulations (15 
CFR parts 730 through 799) is amended as follows:
    1. The authority citation for part 774 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 720; 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, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; 
Notice of August 15, 1995, 3 CFR, 1995 Comp., p. 501; Notice of 
August 14, 1996, 3 CFR, 1996 Comp., p. 298; Notice of August 13, 
1997 (62 FR 43629, August 15, 1997); Notice of August 13, 1998 (63 
FR 44121, August 17, 1998).

PART 774--AMENDED

Supplement No. 1 To Part 774--Amended

    2. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A001 is amended by revising the License Exceptions section to read as 
follows:
    3A001  Electronic components, as follows (see List of Items 
Controlled).
* * * * *

License Exceptions

LVS: N/A for MT
    $1500: 3A001.c
    $3000: 3A001.b.1, b.2, b.3, .d, .e and .f
    $5000: 3A001.a, and .b.4 to b.7
GBS: Yes, except 3A001.a.1.a, b.1, b.3 to b.7, .c to .f
CIV: Yes, except 3A001.a.1, a.2, a.3.a (for processors with a CTP 
greater than 1200 Mtops), a.5, a.6, a.9, a.10, and a.12, .b, .c, .d, 
.e, and .f
* * * * *
    Dated: December 22, 1998.
R. Roger Majak,
Assistant Secretary for Export Administration.
[FR Doc. 98-34344 Filed 12-28-98; 8:45 am]
BILLING CODE 3510-33-P