[Federal Register Volume 71, Number 84 (Tuesday, May 2, 2006)]
[Rules and Regulations]
[Pages 25746-25747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4123]



[[Page 25746]]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 060404096-6112-02]
RIN 0694-AD66


Implementation of New Formula for Calculating Computer 
Performance: Adjusted Peak Performance (APP) in Weighted TeraFLOPS; 
Bulgaria; XP and MT Controls

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Correcting amendments.

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SUMMARY: This document corrects four errors that appeared in a rule 
published by the Bureau of Industry and Security on April 24, 2006 (71 
FR 20876). That rule implemented a new formula for computer performance 
as agreed to by the Wassenaar Arrangement, moved Bulgaria from Computer 
Tier 3 to Computer Tier 1, and made other related technical changes.

DATES: Effective May 2, 2006.

FOR FURTHER INFORMATION CONTACT: For questions of a general nature 
contact Sharron Cook, Office of Exporter Services, Regulatory Policy 
Division at (202) 482-2440 or e-mail: [email protected].
    For questions of a technical nature contact: Joseph Young, Office 
of National Security and Technology Transfer Controls at 202-482-4197 
or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On April 24, 2006, the Bureau of Industry and Security published a 
final rule to implement the Wassenaar Arrangement's December 2005 
agreement to revise the formula for calculating computer performance 
from Composite Theoretical Performance (CTP) measured in Millions of 
Theoretical Operations Per Second (MTOPS) to Adjusted Peak Performance 
(APP) measured in Weighted TeraFLOPS (Trillion Floating point 
Operations Per Second) (WT) (71 FR 20876) and to make certain other 
technical changes to the EAR. One such change was to remove missile 
technology as a reason for control from some Export Control 
Classification Numbers (ECCNs). In the preamble to the rule, the 
discussion of the changes made to Missile Technology Controls contained 
two typographical errors. In the second sentence under the heading 
``Missile Technology Controls'' in the third column on page 20878, the 
word ``applies'' should have been ``applied'' and the second reference 
to ``9B005'' should have been ``9B006.'' ECCN 9B006 controls certain 
acoustic vibration test equipment.
    The rule also revised Export Control Classification Number (ECCN) 
4E001. The regulatory text for ECCN 4E001 appeared on page 20894 and 
contained two errors. The first error was in the License Exception TSR 
paragraph of the License Exceptions section. The phrase `` `Adjusted 
Peak Performance' (`APP') exceeding 0.1 Weighted TeraFLOPS (WT)'' 
should have stated `` `Adjusted Peak Performance' (`APP') not exceeding 
0.1 Weighted TeraFLOPS (WT)'' (emphasis added). The second error 
occurred in paragraph .b.2 of the Items paragraph in the ``List of 
Items Controlled'' section. The reference to ``4D001.b.1'' should have 
stated ``4E001.b.1.'' ECCN 4E001.b.1 controls certain technology that 
is specially designed or modified for the development or production of 
certain digital computers.
    This document corrects all four errors.

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 three collections of information subject to the PRA. The first 
collection 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 second collection 
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. The third collection has been approved by OMB under control 
number 0694-0073, ``Export Controls of High Performance Computers,'' 
and carries a burden hour estimate of 78 hours for a manual or 
electronic submission. This rule is expected to result in an immediate 
decrease in license applications, and in associated reporting and 
support documentation requirements, for high performance computers; 
however, this decrease may be reduced over time as higher performance 
systems are marketed. 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, Reporting and recordkeeping requirements.


0
For the reasons set forth in the preamble, 15 CFR part 774 is corrected 
by making the following correcting amendements:

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.

[[Page 25747]]

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of 
August 2, 2005, 70 FR 45273 (August 5, 2005).

Supplement No. 1 to Part 774 [Corrected]

0
2. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4E001 the ``TSR'' paragraph of the License Exceptions section, and the 
``items'' paragraph in the List of Items Controlled section, are 
corrected to read as follows:

4E001 ``Technology'' according to the General Technology Note, for the 
``development'', ``production'' or ``use'' of equipment or ``software'' 
controlled by 4A (except 4A980, 4A993 or 4A994) or 4D (except 4D980, 
4D993, 4D994), and other specified technology, see List of Items 
Controlled.

* * * * *

License Exceptions

    CIV: * * *
    TSR: Yes, except technology for commodities controlled by ECCN 
4A003.b or ECCN 4A003.c is limited to technology for computers or 
electronic assemblies with an ``Adjusted Peak Performance'' 
(``APP'') not exceeding 0.1 Weighted TeraFLOPS (WT).
    APP: * * *.

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. ``Technology'' according to the General Technology Note, for 
the ``development,'' ``production,'' or ``use'' of equipment or 
``software'' controlled by 4A (except 4A980, 4A993 or 4A994) or 4D 
(except 4D980, 4D993, 4D994).
    b. ``Technology'', other than that controlled by 4E001.a, 
specially designed or modified for the ``development'' or 
``production'' of:
    b.1. ``Digital computers'' having an ``Adjusted Peak 
Performance'' (``APP'') exceeding 0.04 Weighted TeraFLOPS (WT); or
    b.2. ``Electronic assemblies'' specially designed or modified 
for enhancing performance by aggregation of processors so that the 
``APP'' of the aggregation exceeds the limit in 4E001.b.1.

    Dated: April 27, 2006.
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. 06-4123 Filed 5-1-06; 8:45 am]
BILLING CODE 3510-33-P