Billing Code: 3510-33-P

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR part 774

RIN: 0694-AB77

[Docket No. 981229330-8330-01]

Correction to Revisions and Clarifications to the Export Administration Regulations; Commerce Control List

AGENCY: Bureau of Export Administration, Commerce

ACTION: Final rule.

SUMMARY: On March 5, 1999, the Bureau of Export Administration (BXA) published a final rule (64 FR 10852) revising the Commerce Control List (CCL) by making certain revisions and clarifications and, in some cases, inserted material inadvertently omitted from the January 15, 1998 (63 FR 2452) interim rule that implemented the Wassenaar Arrangement list of dual-use items.

This regulation amends the CCL by correcting two inadvertent typographic errors in the Clarification regulation which appeared in the Federal Register on March 5, 1999.

DATES: This rule is effective (DATE OF PUBLICATION).

FOR FURTHER INFORMATION CONTACT: Patricia Muldonian, Regulatory Policy Division, Office of Exporter Services, Bureau of Export Administration, Telephone: (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 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 42767), August 13, 1997 (62 FR 43629) and August 13, 1998 (63 FR 44121).

Rulemaking Requirements

1. This final rule has been determined to be not significant for the purposes of Executive Order 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 rule involves collections of information subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These collections have been approved by the Office of Management and Budget under control numbers 0694-0086 and 0694-0088.

3.	This rule does not contain policies with Federalism implications sufficient to warrant preparation of a Federalism assessment under Executive Order 12612.

4.	Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by the Administrative Procedure Act (5 U.S.C. 553) or by any other law, under section 3(a) of the Regulatory Flexibility Act (5 U.S.C. 603(a) and 604(a)) no initial or final Regulatory Flexibility Analysis has to be or will be prepared.

5.	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 or foreign affairs function of the United States. 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. However, comments from the public are always welcome. Comments should be submitted to Patricia Muldonian, Regulatory Policy Division, Office of Exporter Services, Bureau of Export Administration, Department of Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects

15 CFR Part 774

Exports, Foreign Trade.

Accordingly, Part 774 of the Export Administration Regulations (15 CFR Parts 730-799) is amended as follows:

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. 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; Sec. 201, Pub. L. 104-58, 109 Stat. 557 (30 U.S.C. 185(s)); 30 U.S.C. 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, 3 CFR, 1994 Comp., p. 917; E.O. 13020, 3 CFR, 1996 Comp. p. 219; E.O. 13026, 3 CFR, 1996 Comp., p. 228; Notice of August 13, 1997 (62 FR 43629, August 15, 1997); Notice of August 17, 1998 (63FR 55121, August 17, 1998).

PART 774 - [CORRECTED]

Supplement No. 1 to part 774 - the Commerce Control List - [CORRECTED]

2. In Supplement No. 1 to part 774 (the Commerce Control List), Category 4 - Computers, Export Control Classification Numbers (ECCNs) 4D001 and 4E001 are amended by revising the License Requirements sections to read as follows:

4D001 "Software" specially designed or modified for the "development", "production" or "use" of equipment or "software" controlled by 4A001 to 4A004, or 4D (except 4D980, 4D993 or 4D994).

License Requirements

Reason for Control: NS, MT, CC, AT, NP, XP

Control(s)	Country Chart

NS applies to "software" for	NS Column 1

commodities or software controlled

by 4A001 to 4A004, 4D001 to 4D003

MT applies to "software"	MT Column 1

for equipment controlled by

4A001 to 4A003 for MT reasons

CC applies to "software" for	CC Column 1

for computerized finger-print

equipment controlled by 4A003 for

CC reasons

AT applies to entire entry	AT Column 1

NP applies to "software" for computers with a CTP greater than 2,000 Mtops, unless a License Exception is available. See §742.3(b) of the EAR for information on applicable licensing review policies.

XP applies to "software" for computers with a CTP greater than 2,000 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.

License Requirement Notes: See §743.1 of the EAR for reporting requirements for exports under License Exceptions.

* * * * *

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).

License Requirements

Reason for Control: NS, MT, CC, AT, NP, XP

Control(s)	Country Chart

NS applies to "technology" for	NS Column 1

commodities or software controlled

by 4A001 to 4A004, 4D001 to 4D003

MT applies to "technology"	MT Column 1

for items controlled by

4A001 to 4A003 4A101, 4D001,

4D102 or 4D002 for MT reasons

CC applies to "technology"	CC Column 1

for computerized finger-print

equipment controlled by 4A003 for

CC reasons

AT applies to entire entry	AT Column 1

NP applies to "technology" for computers with a CTP greater than 2,000 Mtops, unless a License Exception is available. See §742.3(b) of the EAR for information on applicable licensing review policies.

XP applies to "technology" for computers with a CTP greater than 2,000 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.

License Requirement Notes: See §743.1 of the EAR for reporting requirements for exports under License Exceptions.

* * * * *

DATED:

Eileen M. Albanese

Director

Office of Exporter Services