[Federal Register Volume 65, Number 51 (Wednesday, March 15, 2000)]
[Rules and Regulations]
[Pages 13879-13880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6348]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 774

[Docket No. 000204027-0027-01]
RIN 0694-AC14


Correction to Revisions to the Export Administration Regulations

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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SUMMARY: On March 10, 2000 the Bureau of Export Administration 
published a final rule (65 FR 12919) revising License Exception CTP and 
revising the Commerce Control List to liberalize the national security 
thresholds for digital computers to conform with recently agreed 
changes in the Wassenaar List of Dual-Use Goods and Technologies. This 
rule corrects an inadvertent error that appeared in the March 10 rule 
by inserting the word ``not'' which was inadvertently omitted from the 
note to the License Requirements section of Export Control 
Classification Number 4A003.

DATES: This rule is effective March 10, 2000.

FOR FURTHER INFORMATION CONTACT: Kirsten Mortimer, Regulatory Policy 
Division, Bureau of Export Administration, at (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, as amended, 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), August 13, 1998 (63 FR 
44121), and August 13, 1999 (64 FR 44101).

Rulemaking Requirements

    1. This final 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, nor shall any person be subject to a penalty for failure 
to comply with a collection of information, subject to 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 13132.
    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 (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 rule. Accordingly, it is issued in 
final form.

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 to read as follows:
    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; 30 U.S.C. 185(s), 
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; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; 
Notice of August 10, 1999, 64 FR 44101 (August 13, 1999).

PART 774--CORRECTED

    2. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers is amended by revising the License Requirements 
section of Export Control Classification Number (ECCN) 4A003, to read 
as follows:

4A003 ``Digital computers'', ``electronic assemblies'', and related 
equipment therefor, and specially designed components therefor.

License Requirements

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

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               Control(s)                         Country chart
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NS applies to 4A003.b and .c...........  NS Column 1.
NS applies to 4A003.a, .d, .e, and .g..  NS Column 2.
MT applies to digital computers used as  MT Column 1.
 ancillary equipment for test
 facilities and equipment that are
 controlled by 9B005 or 9B006.
CC applies to digital computers for      CC Column 1.
 computerized finger-print equipment.
AT applies to entire entry (refer to     AT Column 1.
 4A994 for controls on digital
 computers with a CTP  6 but
  to 6,500 Mtops).
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    NP applies to digital computers with a CTP greater than 6,500 
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 digital computers with a CTP greater than 6,500 
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.

    Note: For all destinations, except Cuba, Iran, Iraq, Libya, 
North Korea, Sudan, and Syria, no license is required (NLR) for 
computers with a CTP not greater than 6,500 Mtops, and for 
assemblies described in

[[Page 13880]]

4A003.c that are not capable of exceeding a CTP greater than 6,500 
Mtops in aggregation. Computers controlled in this entry for MT 
reasons are not eligible for NLR.

    License Requirement Notes: See Sec. 743.1 of the EAR for reporting 
requirements for exports under License Exceptions.

    Dated: March 10, 2000.
Iain S. Baird,
Deputy Assistant Secretary for Export Admininistration.
[FR Doc. 00-6348 Filed 3-10-00; 1:12 pm]
BILLING CODE 3510-33-P