Implementation of New Formula for Calculating Computer Performance: Adjusted Peak Performance (APP) in Weighted TeraFLOPS; Bulgaria; XP and MT Controls, 25746-25747 [06-4123]

Download as PDF 25746 Federal Register / Vol. 71, No. 84 / Tuesday, May 2, 2006 / Rules and Regulations 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 Bureau of Industry and Security, Commerce. ACTION: Correcting amendments. AGENCY: rmajette on PROD1PC67 with RULES 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: scook@bis.doc.gov. For questions of a technical nature contact: Joseph Young, Office of National Security and Technology Transfer Controls at 202–482–4197 or email: jyoung@bis.doc.gov. 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 VerDate Aug<31>2005 14:26 May 01, 2006 Jkt 208001 ‘‘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, ‘‘MultiPurpose 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 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 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. For the reasons set forth in the preamble, 15 CFR part 774 is corrected by making the following correcting amendements: I PART 774—[CORRECTED] 1. The authority citation for part 774 continues to read as follows: I 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. E:\FR\FM\02MYR1.SGM 02MYR1 Federal Register / Vol. 71, No. 84 / Tuesday, May 2, 2006 / Rules and Regulations 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 2, 2005, 70 FR 45273 (August 5, 2005). DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration Supplement No. 1 to Part 774 [Corrected] 21 CFR Part 210 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: [Docket No. 2005N–0285] 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. SUMMARY: The Food and Drug Administration (FDA) is withdrawing the direct final rule that published in the Federal Register of January 17, 2006, to amend its current good manufacturing practice (CGMP) regulations for human drugs, including biological products, to exempt most investigational ‘‘Phase 1’’ drugs from complying with the requirements in FDA’s regulations. FDA is withdrawing the rule because significant adverse comments were received. DATES: The revision of 21 CFR part 210, published at 71 FR 2458 (January 17, 2006), is withdrawn as of May 2, 2006. FOR FURTHER INFORMATION CONTACT: Monica Caphart, Center for Drug Evaluation and Research (HFD– 320), Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857, 301–827– 9047, or Christopher Joneckis, Food and Drug Administration, Center for Biologics Evaluation and Research (HFM–1), 1401 Rockville Pike, Rockville, MD 20852, 301–435–5681. SUPPLEMENTARY INFORMATION: FDA published a direct final rule on January 17, 2006 (71 FR 2458), that was intended to revise the current good manufacturing practice (CGMP) regulations for human drugs, including biological products, to exempt most investigational ‘‘Phase 1’’ drugs from complying with the requirements in FDA’s regulations. In response to the direct final rule, the agency received significant adverse comments about the proposed revisions to the rule. Under FDA’s direct final rule procedures, the receipt of any significant adverse comment will result in the withdrawal of the direct final rule. Thus, this direct final rule is being withdrawn, effective immediately. Comments received by the agency regarding the withdrawn rule will be considered in developing a final rule using the usual Administrative Procedure Act notice-and-comment procedures. I * * * * * 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] rmajette on PROD1PC67 with RULES BILLING CODE 3510–33–P VerDate Aug<31>2005 14:26 May 01, 2006 Jkt 208001 Current Good Manufacturing Practice Regulation and Investigational New Drugs; Withdrawal AGENCY: Food and Drug Administration, HHS. ACTION: PO 00000 25747 For the reasons set forth in the preamble of this notice, and under the authority of the Federal Food, Drug, and Cosmetic Act, and under authority delegated to the Commissioner of Food and Drugs, the revision of 21 CFR part 210, published at 71 FR 2458 (January 17, 2006), is withdrawn. Dated: April 25, 2006. Jeffrey Shuren, Assistant Commissioner for Policy. [FR Doc. 06–4091 Filed 5–1–06; 8:45 am] BILLING CODE 4160–01–S Direct final rule; withdrawal. Frm 00009 Fmt 4700 Sfmt 4700 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9253] RIN 1545–AY92 Revisions to Regulations Relating to Withholding of Tax on Certain U.S. Source Income Paid to Foreign Persons and Revisions of Information Reporting Regulations; Correction Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendment. AGENCY: SUMMARY: This document corrects final regulations and removal of temporary regulations (TD 9253) that was published in the Federal Register on Tuesday, March 14, 2006 (71 FR 13003) relating to the withholding of tax under section 1441 on certain U.S. source income paid to foreign persons and related requirements governing collection, deposit, refunds, and credits of withheld amounts under sections 1461 through 1463. DATES: This correction is effective March 14, 2006. FOR FURTHER INFORMATION CONTACT: Ethan Atticks, (202) 622–3840 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final regulations and removal of temporary regulations (TD 9253) that is the subject of this correction are under section 1441 of the Internal Revenue Code. Need for Correction As published, TD 9253 contains an error that may prove to be misleading and is in need of clarification. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. E:\FR\FM\02MYR1.SGM 02MYR1

Agencies

[Federal Register Volume 71, Number 84 (Tuesday, May 2, 2006)]
[Rules and Regulations]
[Pages 25746-25747]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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: scook@bis.doc.gov.
    For questions of a technical nature contact: Joseph Young, Office 
of National Security and Technology Transfer Controls at 202-482-4197 
or e-mail: jyoung@bis.doc.gov.

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
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