[Federal Register Volume 70, Number 142 (Tuesday, July 26, 2005)]
[Rules and Regulations]
[Pages 43041-43043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14745]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 742, 743, 772, and 774

[Docket No. 050607153-5153-01]
RIN 0694-AD41


December 2004 Wassenaar Arrangement Plenary Agreement 
Implementation: Categories 1, 2, 3, 4, 5 Part I (Telecommunications), 
6, 7, 8, and 9 of the Commerce Control List; Wassenaar Reporting 
Requirements; Definitions; and Certain New or Expanded Export Controls

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correction.

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[[Page 43042]]

SUMMARY: On Friday, July 15, 2005, the Bureau of Industry and Security 
published a final rule that amended the Export Administration 
Regulations (EAR) to implement the agreement reached at the December 
2004 plenary meeting of the Wassenaar Arrangement on Export Controls 
for Conventional Arms and Dual-Use Goods and Technologies. The July 15 
final rule contained an inadvertent typographical error in the 
amendatory language for Export Control Classification Number 3A002, 
which controls general purpose electronic equipment. This document 
corrects that error. This rule also corrects a statement of the license 
requirements for deemed export license applications found in the 
Background section of the July 15 final rule.

DATES: This rule is effective July 26, 2005.

FOR FURTHER INFORMATION CONTACT: For questions of a general nature, 
contact Sheila Quarterman, Regulatory Policy Division, Office of 
Exporter Services, Bureau of Industry and Security at (202) 482-2440 or 
e-mail [email protected].
    For questions of a technical nature contact:
    Category 1: Bob Teer 202-482-4749.
    Category 2: George Loh 202-482-3570.
    Category 3: Brian Baker 202-482-5534.
    Category 4 and 5 part 1: Joe Young 202-482-4197.
    Category 5 part 2: Norm La Croix 202-482-4439.
    Category 6: Chris Costanzo (night vision) 202-482-0718 or Wayne 
Hovis (lasers) 202-482-1837.
    Categories 7 and 8 : Dan Squire 202-482-3710.
    Categories 8 and 9: Gene Christensen 202-482-2984.

SUPPLEMENTARY INFORMATION:

Background

    This document corrects two errors contained in the Bureau of 
Industry and Security (BIS) final rule published in the Federal 
Register on July 15, 2005 (70 FR 41094). The July 15 final rule amended 
the Export Administration Regulations (EAR) to implement the agreement 
reached at the December 2004 plenary meeting of the Wassenaar 
Arrangement on Export Controls for Conventional Arms and Dual-Use Goods 
and Technologies (Wassenaar Arrangement). Specifically, the July 15 
final rule made the necessary changes to the Commerce Control List 
(CCL), definitions of terms used in the Export Administration 
Regulations (EAR), and Wassenaar reporting requirements to implement 
Wassenaar List revisions that were agreed upon in the December 2004 
Wassenaar Arrangement Plenary Meeting. In addition, the rule adds 
Slovenia to the list of Wassenaar member countries in the EAR. The rule 
also added or expanded unilateral U.S. controls on certain items 
consistent with the amendments made to implement the Wassenaar 
Arrangement's decisions.
    This document corrects an inadvertent typographical error contained 
in Export Control Classification Number (ECCN) 3A002 (General purpose 
electronic equipment, as follows (see List of Items Controlled)) on the 
CCL. Specifically, this document corrects paragraph 3A002.b by removing 
a comma that appears between the terms ``Frequency synthesizer'' and 
``electronic assemblies''. The removal of the comma corrects paragraph 
3A002.b in conformity with language agreed upon in the December 2004 
Wassenaar Arrangement Plenary Meeting.
    This document also corrects a statement of the license requirements 
for deemed export license applications found in the Background section 
of the July 15 final rule. Specifically, the Background section of the 
July 15 final rule included an explanation of amendments to Section 
740.7 (License Exception Computers (CTP)) of the EAR. That explanation 
included the following statement, ``Applications for foreign nationals 
with temporary or permanent residence status of a third country (i.e., 
non-U.S. and a temporary or permanent residence status other than a 
foreign national's country of origin) should be based on the foreign 
national's country of citizenship.'' This is not correctly stated; such 
license applications should be based on the most recently established 
residency.

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 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 two collections of information subject to the PRA. One of the 
collections has been approved by OMB under control number 0694-0088, 
``Multi-Purpose Application,'' and carries a burden hour estimate of 58 
minutes for a manual or electronic submission. The other of the 
collections has been approved by OMB under control number 0694-0106, 
``Reporting and Recordkeeping Requirements under the Wassenaar 
Arrangement,'' and carries a burden hour estimate of 21 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 Sheila Quarterman, 
Office of Exporter Services, Bureau of Industry and Security, 
Department of Commerce, PO Box 273, Washington, DC 20044.

List of Subjects

15 CFR Part 774

    Exports, Foreign trade, Reporting and recordkeeping requirements.

0
Accordingly, part 774 of the Export Administration Regulations 915 CFR 
parts 730-799) is amended to read as follows:

PART 774--[CORRECTED]

0
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.

[[Page 43043]]

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 6, 2004, 69 FR 48763, 3 
CFR, 2004 Comp., p. 284.

SUPPLEMENT NO. 1 TO PART 774--[AMENDED]

0
2. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A002 is amended by revising the ``items'' paragraph of the List of 
Items Controlled section, to read as follows:

    3A002 General purpose electronic equipment, as follows (see List 
of Items Controlled).
* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Recording equipment, as follows, and specially designed test 
tape therefor:
    a.1. Analog instrumentation magnetic tape recorders, including 
those permitting the recording of digital signals (e.g., using a 
high density digital recording (HDDR) module), having any of the 
following:
    a.1.a. A bandwidth exceeding 4 MHz per electronic channel or 
track;
    a.1.b. A bandwidth exceeding 2 MHz per electronic channel or 
track and having more than 42 tracks; or
    a.1.c. A time displacement (base) error, measured in accordance 
with applicable IRIG or EIA documents, of less than `` 0.1 :s;


    Note: Analog magnetic tape recorders specially designed for 
civilian video purposes are not considered to be instrumentation 
tape recorders.


    a.2. Digital video magnetic tape recorders having a maximum 
digital interface transfer rate exceeding 360 Mbit/s;


    Note: 3A002.a.2 does not control digital video magnetic tape 
recorders specially designed for television recording using a signal 
format, which may include a compressed signal format, standardized 
or recommended by the ITU, the IEC, the SMPTE, the EBU, the ETSI, or 
the IEEE for civil television applications.


    a.3. Digital instrumentation magnetic tape data recorders 
employing helical scan techniques or fixed head techniques, having 
any of the following:
    a.3.a. A maximum digital interface transfer rate exceeding 175 
Mbit/s; or
    a.3.b. Being ``space qualified'';


    Note: 3A002.a.3 does not control analog magnetic tape recorders 
equipped with HDDR conversion electronics and configured to record 
only digital data.


    a.4. Equipment, having a maximum digital interface transfer rate 
exceeding 175 Mbit/s, designed to convert digital video magnetic 
tape recorders for use as digital instrumentation data recorders;
    a.5. Waveform digitizers and transient recorders having all of 
the following: N.B.: See also 3A292.
    a.5.a. Digitizing rates equal to or more than 200 million 
samples per second and a resolution of 10 bits or more; and
    a.5.b. A continuous throughput of 2 Gbit/s or more;


    Technical Note: For those instruments with a parallel bus 
architecture, the continuous throughput rate is the highest word 
rate multiplied by the number of bits in a word. Continuous 
throughput is the fastest data rate the instrument can output to 
mass storage without the loss of any information while sustaining 
the sampling rate and analog-to-digital conversion.


    a.6. Digital instrumentation data recorders, using magnetic disk 
storage technique, having all of the following:
    a.6.a. Digitizing rate equal to or more than 100 million samples 
per second and a resolution of 8 bits or more; and
    a.6.b. A continuous throughput of 1 Gbit/s or more;
    b. ``Frequency synthesizer'' ``electronic assemblies'' having a 
``frequency switching time'' from one selected frequency to another 
of less than 1 ms;
    c. Radio frequency ``signal analyzers'', as follows:
    c.1. ``Signal analyzers'' capable of analyzing any frequencies 
exceeding 31.8 GHz but not exceeding 37.5 Ghz and having a 3 dB 
resolution bandwidth (RBW) exceeding 10 MHz;
    c.2. ``Signal analyzers'' capable of analyzing frequencies 
exceeding 43.5 Ghz;
    c.3. ``Dynamic signal analyzers'' having a ``real-time 
bandwidth'' exceeding 500 kHz;


    Note: 3A002.c.3 does not control those ``dynamic signal 
analyzers'' using only constant percentage bandwidth filters (also 
known as octave or fractional octave filters).


    d. Frequency synthesized signal generators producing output 
frequencies, the accuracy and short term and long term stability of 
which are controlled, derived from or disciplined by the internal 
master frequency, and having any of the following:
    d.1. A maximum synthesized frequency exceeding 31.8 GHz, but not 
exceeding 43.5 GHz and rated to generate a pulse duration of less 
than 100 ns;
    d.2. A maximum synthesized frequency exceeding 43.5 GHz;
    d.3. A ``frequency switching time'' from one selected frequency 
to another of less than 1 ms; or
    d.4. A single sideband (SSB) phase noise better than -(126 + 20 
log10F-20 log10f) in dBc/Hz, where F is the off-set from the 
operating frequency in Hz and f is the operating frequency in MHz;

    Technical Note: For the purposes of 3A002.d.1., `pulse duration' 
is defined as the time interval between the leading edge of the 
pulse achieving 90% of the peak and the trailing edge of the pulse 
achieving 10% of the peak.


    Note: 3A002.d does not control equipment in which the output 
frequency is either produced by the addition or subtraction of two 
or more crystal oscillator frequencies, or by an addition or 
subtraction followed by a multiplication of the result.


    e. Network analyzers with a maximum operating frequency 
exceeding 43.5 GHz;
    f. Microwave test receivers having all of the following:
    f.1. A maximum operating frequency exceeding 43.5 GHz; and
    f.2. Being capable of measuring amplitude and phase 
simultaneously;
    g. Atomic frequency standards having any of the following:
    g.1. Long-term stability (aging) less (better) than 1 x 10-11/
month; or
    g.2. Being ``space qualified''.


    Note: 3A002.g.1 does not control non-``space qualified'' 
rubidium standards.


    Dated: July 21, 2005.
Eileen Albanese,
Director, Office of Exporter Services.
[FR Doc. 05-14745 Filed 7-25-05; 8:45 am]
BILLING CODE 3510-33-P