[Federal Register Volume 68, Number 125 (Monday, June 30, 2003)]
[Rules and Regulations]
[Pages 38599-38600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16469]



[[Page 38599]]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 021009232-3125-02]
RIN 0694-AC57


Exports and Reexports to the Federal Republic of Yugoslavia: 
Lifting of UN Arms Embargo-Based Controls; Clarification of UN Arms 
Embargo-Based Controls on Rwanda

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correcting amendments.

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SUMMARY: On November 25, 2002, the Bureau of Industry and Security 
(BIS) published a final rule that amended the Export Administration 
Regulations (EAR) by removing the special controls on the export and 
reexport of arms-related items imposed on July 14, 1998 on the Federal 
Republic of Yugoslavia (Serbia and Montenegro) (FRY). This rule 
corrects inadvertent errors in Category 6--Sensors and Lasers--of the 
Commerce Control List made by the November 25, 2002 rule.

DATES: This rule is effective June 30, 2003.

ADDRESSES: Although there is no public comment period, written comments 
on this rule may be sent to Sheila Quarterman, Office of Exporter 
Services, Regulatory Policy Division, Bureau of Industry and Security, 
Department of Commerce, P.O. Box 273, Washington, DC 20044 or to E-mail 
address [email protected].

FOR FURTHER INFORMATION CONTACT: Sheila Quarterman in the Office of 
Exporter Services, Regulatory Policy Division, Bureau of Industry and 
Security, at (202) 482-2440.

SUPPLEMENTARY INFORMATION: This document corrects errors made by the 
November 25, 2002 rule (67 FR 70545) (FRY Rule) relating to changes 
made by two earlier rules published in August and September, 2002. 
These errors appear in the License Requirements and License Exceptions 
sections for Export Control Classification Numbers (ECCNs) 6E001 and 
6E002. These ECCNs had been revised in two final rules, Licensing 
Jurisdiction for ``Space Qualified'' Items and Telecommunications Items 
for Use on Board Satellites, published by BIS on September 23, 2002 (67 
FR 59722), and Revisions and Clarifications to the Export 
Administration Regulations--Nuclear Nonproliferation Controls: Nuclear 
Suppliers Group, published August 29, 2002 (67 FR 55594).

License Requirements for ECCNs 6E001 and 6E002

    Subsequent to the issuance of these two earlier rules, the FRY Rule 
omitted the September 23, 2002 rule's revision to the Reason for 
Control section of ECCNs 6E001 and 6E002 that reads as follows: RS 
applies to ``technology'' for equipment controlled by 6A002.a.1, .a.2, 
.a.3, .c, or .e, 6A003.b.3, or .b.4, or 6A008.j.1. In addition, the FRY 
Rule omitted the Non-Proliferation controls for ``technology'' for 
items controlled by ECCN 6D001 from the Reason for Control section of 
ECCN 6E001, as was revised by the August 29, 2002 rule. This document 
corrects the stated inadvertent omissions.

License Exceptions for ECCNs 6E001 and 6E002

    This document also corrects two other inadvertent omissions made by 
the FRY Rule. The September 23, 2002 rule had revised the License 
Exceptions for ECCNs 6E001 and 6E002. The FRY rule omitted the revision 
in the License Exception section of ECCN 6E001, which noted that 
``technology'' for commodities controlled by 6A002.e or 6A008.j.1, and 
technology for ``software'' defined in 6A008.j.1 and controlled by 
6D001or 6D002 are not eligible for License Exception TSR. The FRY rule 
also did not include the revision of the License Exception section of 
ECCN 6E002 that noted that ``technology'' for commodities controlled by 
ECCNs 6A002.e or 6A008.j.1 is not eligible for License Exception TSR.

Rulemaking Requirements

    1. This final rule has been determined not to be 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 Office of 
Management and Budget 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 (OMB) under control number 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 form BIS-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 Industry and Security, Department of Commerce, P.O. 
Box 273, Washington, DC 20044.
    3. This rule does not contain policies with Federalism implications 
as that term is defined 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 (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. 553 or by any 
other law, the analytical requirements of the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) are not applicable. Therefore, this 
regulation is issued in final form. Although there is no public comment 
period, public comments on this regulation are welcome on a continuing 
basis. Comments should be submitted to Sheila Quarterman, Regulatory 
Policy Division, Bureau of Industry and Security, Department of 
Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects in 15 CFR Part 774

    Exports, Foreign trade.


0
Accordingly, Part 774 of the Export Administration Regulations (15 CFR 
parts 730-799) is amended as follows:
0
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; Sec. 901-911, Publ. L. 106-387; Sec. 
221, Publ. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13222, 66 FR 44025, 3 C.F.R., 2001 Comp., p. 783; Notice 
of August 14, 2002, 67 FR 53721, August 16, 2002.

PART 774--[CORRECTED]

0
2. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, the following Export

[[Page 38600]]

Control Classification Numbers (ECCNs) are amended by revising the 
License Requirements section and License Exceptions section for ECCNs 
6E001 and 6E002 to read as follows:
    6E001 ``Technology'' according to the General Technology Note for 
the ``development'' of equipment, materials or ``software'' controlled 
by 6A (except 6A018, 6A991, 6A992, 6A994, 6A995, 6A996, 6A997, or 
6A998), 6B (except 6B995), 6C (except 6C992 or 6C994), or 6D (except 
6D991, 6D992, or 6D993).

License Requirements

    Reason for Control: NS, MT, NP, RS, CC, AT, UN.

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               Control(s)                          Country chart
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NS applies to ``technology'' for items    NS Column 1.
 controlled by 6A001 to 6A008, 6B004 to
 6B008, 6C002 to 6C005, or 6D001 to
 6D003.
MT applies to ``technology'' for items    MT Column 1.
 controlled by 6A002, 6A007, 6A008,
 6A102, 6A107, 6A108, 6B008, 6B108,
 6D001, 6D002, 6D102 or 6D103 for MT
 reasons.
NP applies to ``technology'' for          NP Column 1.
 equipment controlled by 6A003, 6A005,
 6A202, 6A203, 6A205, 6A225, 6A226 or
 6D001 for NP reasons.
RS applies to ``technology'' for          RS Column 1.
 equipment controlled by 6A002.a.1,
 .a.2, .a.3, .c, or.e, 6A003.b.3 or
 .b.4, or 6A008.j.1.
CC applies to ``technology'' for          CC Column 1.
 equipment controlled by 6A002 for CC
 reasons.
AT applies to entire entry..............  AT Column 1.
UN applies to ``technology'' for          Rwanda.
 equipment controlled by 6A002 or 6A003
 for UN reasons.
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    License Requirement Notes: See Sec.  743.1 of the EAR for 
reporting requirements for exports under License Exceptions.

License Exceptions

    CIV: N/A.
    TSR: Yes, except for the following:
    (1) Items controlled for MT reasons;
    (2) ``Technology'' for commodities controlled by 6A002.e, 6A004.e, 
or 6A008.j.1;
    (3) ``Technology'' for ``software'' specially designed for ``space 
qualified'' ``laser'' radar or Light Detection and Ranging (LIDAR) 
equipment defined in 6A008.j.1 and controlled by 6D001 or 6D002;
    (4) Exports or reexports to destinations outside of Austria, 
Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, 
Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or 
the United Kingdom of ``technology'' for the ``development'' of the 
following: (a) Items controlled by 6A001.a.2.a.1, 6A001.a.2.a.2, 
6A001.a.2.a.5, 6A001.a.2.b, 6A001.a.2.e., 6A002.a.1.c, 6A008.l.3, 
6B008, 6D003.a; (b) Equipment controlled by 6A001.a.2.c or 6A001.a.2.f 
when specially designed for real time applications; or (c) ``Software'' 
controlled by 6D001 and specially designed for the ``development'' or 
``production'' of equipment controlled by 6A008.l.3 or 6B008; or
    (5) Exports or reexports to Rwanda.
* * * * *

    6E002 ``Technology'' according to the General Technology Note for 
the ``production'' of equipment or materials controlled by 6A (except 
6A018, 6A991, 6A992, 6A994, 6A995, 6A996, 6A997 or 6A998), 6B (except 
6B995) or 6C (except 6C992 or 6C994).

License Requirements

    Reason for Control: NS, MT, NP, RS, CC, AT, UN.

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               Control(s)                          Country chart
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NS applies to ``technology'' for          NS Column 1.
 equipment controlled by 6A001 to 6A008,
 6B004 to 6B008, or 6C002 to 6C005.
MT applies to ``technology'' for          MT Column 1.
 equipment controlled by 6A002, 6A007,
 6A008, 6A102, 6A107, 6A108, 6B008, or
 6B108 for MT reasons.
NP applies to ``technology'' for          NP Column 1.
 equipment controlled by 6A003, 6A005,
 6A202, 6A203, 6A205, 6A225 or 6A226 for
 NP reasons.
RS applies to ``technology'' for          RS Column 1.
 equipment controlled by 6A002.a.1,
 .a.2, .a.3, .c or .e, 6A003.b.3 or
 .b.4, or 6A008.j.1.
CC applies to ``technology'' for          CC Column 1.
 equipment controlled by 6A002 for CC
 reasons.
AT applies to entire entry..............  AT Column 1.
UN applies to ``technology'' for          Rwanda.
 equipment controlled by 6A002 or 6A003
 for UN reasons.
------------------------------------------------------------------------


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

License Exceptions

    CIV: N/A.
    TSR: Yes, except for the following:
    (1) Items controlled for MT reasons;
    (2) ``Technology'' for commodities controlled by 6A002.e, 6A004.e, 
6A008.j.1;
    (3) Exports or reexports to destinations outside of Austria, 
Belgium, Canada, Denmark, Finland, France, Germany, Greece, Ireland, 
Italy, Japan, Luxembourg, the Netherlands, Portugal, Spain, Sweden, or 
the United Kingdom of ``technology'' for the ``development'' of the 
following: (a) Items controlled by 6A001.a.2.a.1, 6A001.a.2.a.2, 
6A001.a.2.a.5, 6A001.a.2.b, and 6A001.a.2.c; and (b) Equipment 
controlled by 6A001.a.2.e and 6A001.a.2.f when specially designed for 
real time applications; or (c) ``Software'' controlled by 6D001 and 
specially designed for the ``development'' or ``production'' of 
equipment controlled by 6A002.a.1.c, 6A008.l.3 or 6B008; or
    (4) Exports or reexports to Rwanda.
* * * * *

    Dated: June 24, 2003.
Eileen M. Albanese,
Director, Office of Exporter Services, Export Administration.
[FR Doc. 03-16469 Filed 6-27-03; 8:45 am]
BILLING CODE 3510-33-P