[Federal Register Volume 69, Number 88 (Thursday, May 6, 2004)]
[Rules and Regulations]
[Pages 25314-25315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10229]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 040414115-4115-01]
RIN 0694-AD00


December 2003 Wassenaar Arrangement Plenary Agreement 
Implementation: Categories 1, 2, 3, 4, 5, 6, and 7 of the Commerce 
Control List, and Reporting Requirements; and Interpretation Regarding 
NUMA Technology; Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correction.

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SUMMARY: The Bureau of Industry and Security published in the Federal 
Register of April 29, 2004, a final rule that revised certain entries 
controlled for national security reasons in Categories 1, 2, 3, 4, 5 
Part I (telecommunications), 5 Part II (information security), 6, and 7 
to conform with changes in the List of Dual-Use Goods and Technologies 
maintained and agreed to by governments participating in the Wassenaar 
Arrangement on Export Controls for Conventional Arms and Dual-Use Goods 
and Technologies (Wassenaar Arrangement). This document corrects one 
error that appeared in ECCN 3A001 in that rule.

DATES: This rule is effective May 6, 2004.

FOR FURTHER INFORMATION CONTACT: For questions of a general nature 
contact Sharron Cook, Office of Exporter Services, Bureau of Industry 
and Security, U.S. Department of Commerce at (202) 482-2440 or E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The Bureau of Industry and Security 
published in the Federal Register of April 29, 2004 [69 FR 23598], a 
final rule that revised certain entries controlled for national 
security reasons in Categories 1, 2, 3, 4, 5 Part I 
(telecommunications), 5 Part II (information security), 6, and 7 to 
conform with changes in the List of Dual-Use Goods and Technologies 
maintained and agreed to by governments participating in the Wassenaar 
Arrangement on Export Controls for Conventional Arms and Dual-Use Goods 
and Technologies (Wassenaar Arrangement). Part of the Related Controls 
paragraph in the List of Items Controlled section of ECCN 3A001 was 
inadvertently deleted. This document corrects this error.

Rulemaking Requirements

    1. The 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 of 1995 (44 U.S.C. 3501 et 
seq.) (PRA), unless that collection of information displays a currently 
valid Office of Management and Budget (OMB) Control Number. This rule 
involves a collection of information subject to the PRA. This 
collection has been approved by OMB under control number 0694-0088, 
``Multi-Purpose Application,'' which carries a burden hour estimate of 
58 minutes for a manual or electronic submission. 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 Office of Administration, Bureau of Industry and 
Security, Department of Commerce, 14th and Pennsylvania Avenue, NW., 
Room 6883, Washington, DC 20230.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 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 final rule. Because a notice of 
proposed rulemaking and an opportunity for public comment are not 
required to be given for this rule under the Administrative Procedure 
Act 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 formal 
comment period, public comments on this regulation are welcome on a 
continuing basis. Comments should be submitted to Sharron Cook, Office 
of Exporter Services, 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, Reporting and recordkeeping requirements.

0
Accordingly, part 774 of the Export Administration Regulations (15 CFR 
parts 730-799) are amended as follows:

PART 774--[CORRECTED]

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, Pub. L. 106-387; Sec. 
221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of 
August 7, 2003, 68 FR 47833, 3 CFR, 2003 Comp., p. 328.

0
2. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A001 is amended revising the ``Related Controls'' paragraph in the 
List of Items Controlled section, to read as follows:

3A001 Electronic components, as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: (1) The following commodities are under the 
export licensing authority of the Department of State, Office of 
Defense Trade Controls (22 CFR part 121) when ``space qualified'' 
and operating at frequencies higher than 31.8 GHz: helix tubes

[[Page 25315]]

(traveling wave tubes (TWT)) defined in 3A001.b.1.a.4.c; microwave 
solid state amplifiers defined in 3A001.b.4.b traveling wave tube 
amplifiers (TWTA) defined in 3A001.b.8; and derivatives thereof; (2) 
``Space qualified'' and radiation hardened photovoltaic arrays, as 
defined in 3A001.e.1.c, having silicon cells or having single, dual 
or triple junction solar cells that have gallium arsenide as one of 
the junctions, are subject to the export licensing authority of the 
Department of Commerce. All other ``space qualified'' and radiation 
hardened photovoltaic arrays defined in 3A001.e.1.c and spacecraft/
satellite concentrators and batteries are under the export licensing 
authority of the Department of State, Office of Defense Trade 
Controls (22 CFR part 121). See also 3A101, 3A201, and 3A991.
    Related Definitions: * * *
    Items: * * *

Eileen Albanese,
Director, Office of Exporter Services.
[FR Doc. 04-10229 Filed 5-5-04; 8:45 am]
BILLING CODE 3510-33-P