[Federal Register Volume 65, Number 214 (Friday, November 3, 2000)]
[Rules and Regulations]
[Pages 66169-66170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28307]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Parts 740 and 774

[Docket No. 000204027-0266-02]
RIN 0694-AC14


Revisions to License Exception CTP; Corrections

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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SUMMARY: On October 13, 2000 the Bureau of Export Administration 
published a final rule (65 FR 60852) revising License Exception CTP. 
This rule corrects inadvertent errors or omissions in the October 13 
rule. This rule revises regulations to show the correct effective date 
that Estonia becomes a Tier 2 country (December 28, 2000). This rule 
also revises the License Requirements section of Export Control 
Classification Number (ECCN) 4D002 consistent with previously agreed to 
changes in the Wassenaar List of Dual-Use Goods and Technologies. In 
addition, this rule corrects a typographical error that appeared in the 
regulations. Finally, this preamble clarifies that the preambular text 
in the October 13 rule incorrectly described changes to ECCNS 4D003 and 
4E003. These changes were to ECCNS 4D001 and 4E001 and were correctly 
set forth in the regulatory text of the October 13 rule.

DATES: This rule is effective October 13, 2000.

FOR FURTHER INFORMATION CONTACT: Kirsten Mortimer, Regulatory Policy 
Division, Bureau of Export Administration, at (202) 482-2440.

SUPPLEMENTARY INFORMATION: Although the Export Administration Act (EAA) 
expired on August 20, 1994, the President invoked the International 
Emergency Economic Powers Act and continued in effect the EAR, and to 
the extent permitted by law, the provisions of the EAA, as amended, in 
Executive Order 12924 of August 19, 1994, as extended by the 
President's notices of August 15, 1995 (60 FR 42767), August 14, 1996 
(61 FR 42527), August 13, 1997 (62 FR 43629), August 13, 1998 (63 FR 
44121), August 10, 1999 (64 FR 44101), and August 8, 2000 (65 FR 
48347).

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 be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a current valid OMB Control Number. This regulation involves 
collections previously approved by the Office of Management and Budget 
under control numbers 0694-0088, ``Multi-Purpose Application,'' which 
carries a burden hour estimate of 45 minutes per manual submission and 
40 minutes per electronic submission. Miscellaneous and recordkeeping 
activities account for 12 minutes per submission. Information is also 
collected under OMB control number 0694-0107, ``National Defense 
Authorization Act,'' Advance Notifications and Post-Shipment 
Verification Reports, which carries a burden hour estimate of 15 
minutes per report. This rule also involves collections of information 
under OMB control number 0694-0073, ``Export Controls of High 
Performance Computers'' and OMB control number 0694-0093, ``Import 
Certificates and End-User Certificates''.
    3. This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism

[[Page 66170]]

assessment 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 rule. Accordingly, it 
is issued in final form.

List of Subjects

15 CFR Part 740

    Administrative practice and procedure, Exports, Foreign trade, 
Reporting and recordkeeping requirements.

15 CFR Part 774

    Exports, Foreign trade.

    Accordingly, parts 740 and 774 of the Export Administration 
Regulations (15 CFR Parts 730-799) are amended to read as follows:

    1. The authority citation for 15 CFR part 740 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 13026, 61 
FR 58767, 3 CFR, 1996 Comp., p. 228; Notice of August 3, 2000 (65 FR 
48347, August 8, 2000).


    2. 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. 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; E.O. 12924, 59 FR 43437, 3 CFR, 1994 
Comp., p. 917; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; 
Notice of August 3, 2000 (65 FR 48347, August 8, 2000).

PART 740--CORRECTED

    3. Section 740.7 is amended by revising the phrase ``As of December 
26, 2000'' in the last sentence of paragraphs (c)(1) and (d)(1) to read 
``As of December 28, 2000'', and by revising the phrase ``greater that 
12,500 MTOPS'' in paragraph (d)(4) to read ``greater than 12,500 
MTOPS''.

PART 774--CORRECTED

    4. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers is amended by revising the License Requirements 
section of Export Control Classification Number (ECCN) 4D002, to read 
as follows:

4D002  ``Software'' specially designed or modified to support 
``technology'' controlled by 4E (except 4E980, 4E992, and 4E993).

License Requirements

                                      Reason for Control: NS, MT, AT, NP, XP
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                      Control(s)                                              Country chart
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 NS applies to entire entry...........................                                              NS Column 1.
 MT applies to ``software'' for equipment controlled                                                MT Column 1.
 by 4E for MT reasons.................................
 AT applies to entire entry...........................                                              AT Column 1.
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    NP applies to ``software'' for computers with a CTP greater than 
6,500 Mtops, unless a License Exception is available. See Sec. 742.3(b) 
of the EAR for information on applicable licensing review policies.
    XP applies to ``software'' for computers with a CTP greater than 
6,500 Mtops, unless a License Exception is available. See Sec. 742.3(b) 
of the EAR for information on applicable licensing review policies.
* * * * *

    Dated: October 27, 2000.
Steven C. Goldman,
Acting Assistant Secretary for Export Administration.
[FR Doc. 00-28307 Filed 11-2-00; 8:45 am]
BILLING CODE 3510-33-P