[Federal Register Volume 67, Number 55 (Thursday, March 21, 2002)]
[Rules and Regulations]
[Pages 13091-13092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-6875]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 774

[Docket No. 020308050-2050-01]
RIN 0694-AC59


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

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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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 based on their 
characteristics. Consistent with technological changes, this final rule 
makes License Exception CIV available for certain microprocessors 
controlled by Export Control Classification Number (ECCN) 3A001 when 
they have a composite theoretical performance (CTP) of equal to or 
greater than 6,500 million theoretical operations per second (MTOPS), 
but less than or equal to 12,000 MTOPS. License Exception CIV 
authorizes exports and reexports to civil end-users for civil end-uses 
in Country Group D:1, except North Korea. CIV may not be used for 
exports or reexports to military end-users or end-uses.
    This revision will decrease the number of license applications 
submitted to the Department of Commerce, which will decrease the burden 
to both the exporting community and the Department of Commerce.

DATES: This rule is effective March 21, 2002.

FOR FURTHER INFORMATION CONTACT: Bernie Kritzer, Acting Director, 
Office of Strategic Trade and Foreign Policy Controls, Bureau of Export 
Administration, Telephone: (202) 482-5953.

SUPPLEMENTARY INFORMATION:
    Background: This rule implements the announcement made by President 
Bush on January 2, 2002 that the license exception level for exports of 
general purpose microprocessors would be raised from 6,500 MTOPS to 
12,000 MTOPS. Such microprocessors are controlled in subsection a.3.a. 
of Export Control Classification Number (ECCN) 3A001 on the Commerce 
Control List, Supplement No. 1 to part 774 of the Export Administration 
Regulations (EAR). This rule amends ECCN 3A001 to provide that 
microprocessors in subsection a.3.a. with a composite theoretical 
performance up to 12,000 MTOPS are eligible for License Exception CIV 
(section 740.5 of the EAR). License Exception CIV authorizes exports 
and reexports to civil end-users for civil end-uses in Country Group 
D:1 (see Supplement No. 1 to part 740), except North Korea.
    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001 (66 FR 
44025 (August 22, 2001)), has continued the Export Administration 
Regulations in effect under the International Emergency Economic Powers 
Act.

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 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 collections of information subject to the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) These 
collections have been approved by the Office of Management and Budget 
under control numbers 0694-0106, ``Reporting and Recordkeeping 
Requirements under the Wassenaar Arrangement,'' which carries a burden 
hour estimate of 5 minutes to record the information for each export 
and 1 minute to submit the report twice a year to BXA; and 0694-0088, 
``Multi-Purpose Application,'' which carries a burden hour estimate of 
40 minutes to prepare and submit electronically and 45 minutes to 
submit manually on form BXA-748P. Send comments regarding these burden 
estimates or any other aspect of these collections of information, 
including suggestions for reducing the burden, to OMB Desk Officer, New 
Executive Office Building, Washington, DC 20503; and to the Regulatory 
Policy Division, Bureau of Export Administration, Department of 
Commerce, P.O. Box 273, Washington, DC 20044.
    3. This rule does not contain policies with Federalism implications 
as this term is defined in 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 (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 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 analytical requirements of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq. ) are not applicable.

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 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. 13026, 61 FR 58767, 3 CFR, 1996 
Comp., p. 228; E.O. 13222, 66 FR 44025, August 22, 2001.

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

[[Page 13092]]

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
    Yes for:
    $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 for 3A001.a.1.b, a.2 to a.12, b.2, and b.8.
CIV: Yes for 3A001.a.3.a (for processors with a CTP less than or equal 
to 12,000 MTOPS), a.3.b, a.3.c, a.4, a.7, and a.11.
* * * * *

    Dated: March 15, 2002.
James J. Jochum,
Assistant Secretary for Export Administration.
[FR Doc. 02-6875 Filed 3-20-02; 8:45 am]
BILLING CODE 3510-33-P