[Federal Register Volume 64, Number 49 (Monday, March 15, 1999)]
[Rules and Regulations]
[Pages 12744-12745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-6269]


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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
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    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