Bureau of Export Administration, Commerce.
On March 10, 2000 the Bureau of Export Administration published a final rule (65 FR 12919) revising License Exception CTP and revising the Commerce Control List to liberalize the national security thresholds for digital computers to conform with recently agreed changes in the Wassenaar List of Dual-Use Goods and Technologies. This rule corrects an inadvertent error that appeared in the March 10 rule by inserting the word “not” which was inadvertently omitted from the note to the License Requirements section of Export Control Classification Number 4A003.
This rule is effective March 10, 2000.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Kirsten Mortimer, Regulatory Policy Division, Bureau of Export Administration, at (202) 482-2440.End Further Info End Preamble Start Supplemental 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), and August 13, 1999 (64 FR 44101).
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, nor shall any person be subject to a penalty for failure to comply with a collection of information, subject to the Paperwork Reduction Act (PRA), unless that collection of information displays a currently valid OMB Control Number. This rule involves a collection of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This collection has been approved by the Office of Management and Budget under control number 0694-0088.
3. This rule does not contain policies with Federalism implications sufficient to warrant preparation of a Federalism 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 (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.Start List of Subjects
List of Subjects in 15 CFR Part 774End List of Subjects Start Amendment Part
Accordingly, part 774 of the Export Administration Regulations (End Amendment Part
1. The authority citation for 15 CFR part 774 continues to read as follows:Start Part
PART 774—CORRECTEDEnd Part Start Amendment Part
2. 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) 4A003, to read as follows:End Amendment Part
4A003 “Digital computers”, “electronic assemblies”, and related equipment therefor, and specially designed components therefor.
Reason for Control: NS, MT, CC, AT, NP, XP
|NS applies to 4A003.b and .c||NS Column 1.|
|NS applies to 4A003.a, .d, .e, and .g||NS Column 2.|
|MT applies to digital computers used as ancillary equipment for test facilities and equipment that are controlled by 9B005 or 9B006||MT Column 1.|
|CC applies to digital computers for computerized finger-print equipment||CC Column 1.|
|AT applies to entire entry (refer to 4A994 for controls on digital computers with a CTP ≥ 6 but ≤ to 6,500 Mtops)||AT Column 1.|
NP applies to digital computers with a CTP greater than 6,500 Mtops, unless a License Exception is available. See § 742.3(b) of the EAR for information on applicable licensing review policies.
XP applies to digital computers with a CTP greater than 6,500 Mtops, unless a License Exception is available. XP controls vary according to destination and end-user and end-use. See § 742.12 of the EAR for additional information.
For all destinations, except Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria, no license is required (NLR) for computers with a CTP not greater than 6,500 Mtops, and for assemblies described in Start Printed Page 138804A003.c that are not capable of exceeding a CTP greater than 6,500 Mtops in aggregation. Computers controlled in this entry for MT reasons are not eligible for NLR.
License Requirement Notes: See § 743.1 of the EAR for reporting requirements for exports under License Exceptions.Start Signature
Dated: March 10, 2000.
Iain S. Baird,
Deputy Assistant Secretary for Export Admininistration.
[FR Doc. 00-6348 Filed 3-10-00; 1:12 pm]
BILLING CODE 3510-33-P