[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Rules and Regulations]
[Pages 31450-31451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11016]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 070426098-7100-01]
RIN 0694-AE03


Additional Corrections to the Rule That Implemented the New 
Formula for Calculating Computer Performance: Adjusted Peak Performance 
(APP) in Weighted TeraFLOPS

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correction.

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SUMMARY: This rule makes changes to regulations implementing the new 
formula for calculating computer Adjusted Peak Performance in Weighted 
TeraFLOPS. This rule corrects the availability of the license exception 
for technology and software under restriction for specified 
``software'' and ``technology'' for computers. These additional changes 
are intended to correct the scope of the license exception in certain 
Export Control Classification Numbers that were unintentionally 
narrowed by the rule published on March 22, 2007. In addition, this 
rule corrects a reference to a nonexistent Export Control 
Classification Number found in specified ``technology'' for computers.

DATES: This rule is effective June 7, 2007.

ADDRESSES: Although this is a final rule, comments are welcome and 
should be sent to [email protected], fax (202) 482-3355, or to 
Regulatory Policy Division, Bureau of Industry and Security, Room 
H2705, U.S. Department of Commerce, Washington, DC 20230. Please refer 
to regulatory identification number (RIN) 0694-AE03 in all comments, 
and in the subject line of e-mail comments. Comments on the collection 
of information should be sent to David Rostker, Office of Management 
and Budget (OMB), by e-mail to [email protected], or by fax to 
(202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Joseph Young, Information Technology 
Controls Division, by telephone at 202-482-4197 or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: The Bureau of Industry and Security (BIS) 
published a final rule on April 24, 2006 (71 FR 20876) that implemented 
the new formula for calculating computer Adjusted Peak Performance 
(APP) in Weighted TeraFLOPS (WT). Subsequently, BIS published a final 
rule on March 22, 2007 (72 FR 13440) that corrected the April 24, 2006 
final rule, by removing certain references to Missile Technology 
controls and adjusting the scope of controls and license exceptions in 
certain Export Control Classification Numbers (ECCNs).
    In adjusting the scope and license exceptions in certain ECCNs, the 
March 22, 2007 final rule unintentionally narrowed the scope of the 
license exception for technology and software under restriction 
(License Exception TSR) for ECCNs 4D001 (specified ``software'') and 
4E001 (specified

[[Page 31451]]

``technology''). That correction rule inserted language in ECCN 4D001 
that limited the use of License Exception TSR to software described in 
4D001.b that meets the requisite APP parameter. Likewise, that 
correction rule inserted language in ECCN 4E001 that limited the use of 
License Exception TSR to technology described in 4E001.b that meets the 
requisite APP parameter.
    To properly correct the scope of License Exception TSR, as intended 
by the original April 24, 2006 final rule, this rule changes the text 
of License Exception TSR for ECCN 4D001 to read: ``Yes, except for 
`software' for the `development' or `production' of commodities with an 
`Adjusted Peak Performance' (`APP') exceeding 0.1 WT.'' Similarly, this 
rule changes the text of License Exception TSR for ECCN 4E001 to read: 
``Yes, except for `technology' for the `development' or `production' of 
commodities with an `Adjusted Peak Performance' (`APP') exceeding 0.1 
WT.''
    Moreover, this rule makes an additional correction to a reference 
made in the List of Items Controlled section for ECCN 4E001. 
Specifically, 4E001.a refers to ECCN 4A993. Currently, ECCN 4A993 does 
not exist in the Commerce Control List. Therefore, this rule removes 
the reference to ``4A993'' in 4E001.a.
    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as extended by the Notice of August 3, 2006, 
71 FR 44551 (August 7, 2006), 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 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 requirements of the 
PRA. This collection has previously been approved by OMB under control 
number 0694-0088 (Multi-Purpose Application), which carries a burden 
hour estimate of 58 minutes to prepare and submit form BIS-748. BIS 
expects that this rule will not change that burden hour estimate.
    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 Steven Emme, 
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, Reporting and recordkeeping requirements.


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

PART 774--[AMENDED]

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. 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 3, 2006, 71 FR 44551 (August 7, 2006).

Supplement No. 1 to Part 774 [Amended]

0
2. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4D001 is amended by revising the License Exceptions section, to read as 
follows:

4D001 Specified ``Software'', See List of Items Controlled

* * * * *

License Exceptions

    CIV: N/A
    TSR: Yes, except for ``software'' for the ``development'' or 
``production'' of commodities with an ``Adjusted Peak Performance'' 
(``APP'') exceeding 0.1 WT.
    APP: Yes to specific countries (see Sec.  740.7 of the EAR for 
eligibility criteria).
* * * * *

0
3. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4E001, is amended:
0
a. By revising the License Exceptions section as set forth below;
0
b. By revising paragraph (a) in the ``Items'' paragraph of the List of 
Items Controlled section, as follows:

4E001 Specified ``Technology'', See List of Items Controlled

* * * * *

License Exceptions

    CIV: N/A
    TSR: Yes, except for ``technology'' for the ``development'' or 
``production'' of commodities with an ``Adjusted Peak Performance'' 
(``APP'') exceeding 0.1 WT.
    APP: Yes to specific countries (see Sec.  740.7 of the EAR for 
eligibility criteria).

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 or 4A994) or 4D (except 
4D980, 4D993, 4D994).
* * * * *

    Dated: June 1, 2007.
Eileen M. Albanese,
Director, Office of Exporter Services.
 [FR Doc. E7-11016 Filed 6-6-07; 8:45 am]
BILLING CODE 3510-33-P