Corrections to Rule that Implemented the New Formula for Calculating Computer Performance: Adjusted Peak Performance (APP) in Weighted TeraFLOPS, 13440-13442 [E7-5271]
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13440
Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Rules and Regulations
Amendment to Final Rule
Accordingly, pursuant to the authority
delegated to me, the reference to FAA
Order 7400.9 for Docket No. FAA–2006–
24869, Airspace Docket No. 06–ACE–4,
as published in the Federal Register on
June 5, 2006 (71 FR 32271), is corrected
as follows:
I On page 32271, column 3, lines 34, 36
and 37, on page 32272, column 2, lines
32, 33, and 34, amend the language to
read:
I
§ 71.1
[Amended]
*
*
*
*
*
‘‘* * * FAA Order 7400.9P’’ instead of
‘‘FAA Order 7400.9N * * *’’.
‘‘* * * September 1, 2006, and effective
September 15, 2006 * * *’’ instead of
‘‘* * * September 1, 2005, and effective
September 16, 2005 * * *’’.
*
*
*
*
*
Issued in Washington, DC, March 14, 2007.
Edith V. Parish,
Manager, Airspace and Rules.
[FR Doc. E7–5185 Filed 3–21–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Office of System Operations Airspace
and AIM, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
History
On June 30, 2006, a final rule was
published in the Federal Register,
Docket No. FAA–2006–23872, Airspace
Docket No. 06–AAL–9 that amended
Title 14 Code of Federal Regulations
part 71 by establishing and revising
offshore airspace; Barrow, AK (71 FR
37492). In that rule, the reference to
FAA Order 7400.9 was published as
FAA Order 7400.9O. The correct
reference is FAA Order 7400.9P.
Amendment to Final Rule
SUPPLEMENTARY INFORMATION
Accordingly, pursuant to the authority
delegated to me, the reference to FAA
Order 7400.9 for Airspace Docket No.
FAA–2006–23872, Airspace Docket No.
06–AAL–9, as published in the Federal
Register on June 30, 2006 (71 FR 37492),
is corrected as follows:
I On page 37493, column 1, line 30, and
column 3, line 41, amend the language
to read:
I
§ 71.1
Federal Aviation Administration
[Amended]
*
*
*
*
*
‘‘FAA Order 7400.9P’’ instead of ‘‘FAA
Order 7400.9O’’.
*
*
*
*
*
14 CFR Part 71
[Docket No. FAA–2006–23872; Airspace
Docket No. 06–AAL–9]
Issued in Washington, DC, March 14, 2007.
Edith V. Parish,
Manager, Airspace and Rules.
[FR Doc. E7–5181 Filed 3–21–07; 8:45 am]
RIN 2120–AA66
Establishment of Offshore Airspace
Area 1485L and Revision of Control
1485H; Barrow, AK
BILLING CODE 4910–13–P
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; technical
amendment.
rmajette on PROD1PC67 with RULES
AGENCY:
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
SUMMARY: This technical amendment
corrects a final rule published in the
Federal Register on June 30, 2006 (71
FR 37492), Docket No. FAA–2006–
23872, Airspace Docket No. 06–AAL–9.
In that rule, the reference to FAA Order
7400.9 was published as FAA Order
7400.9O. The correct reference is FAA
Order 7400.9P. This technical
amendment corrects those errors.
DATES: Effective Date: 0901 UTC, March
22, 2007. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order 7400.9 and publication of
conforming amendments.
FOR FURTHER INFORMATION CONTACT:
Tameka Bentley, Airspace and Rules,
VerDate Aug<31>2005
12:29 Mar 21, 2007
Jkt 211001
15 CFR Parts 740, 748 and 774
[Docket No. 070308049–7056–01]
RIN 0694–AD98
Corrections to Rule that Implemented
the New Formula for Calculating
Computer Performance: Adjusted Peak
Performance (APP) in Weighted
TeraFLOPS
Bureau of Industry and
Security, Commerce.
ACTION: Final rule; correction.
AGENCY:
SUMMARY: This rule corrects errors that
were published on April 24, 2006, in the
rule that implemented the new formula
for calculating computer performance in
Weighted TeraFLOPS (71 FR 20876).
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
These errors include references to
Missile Technology controls that were
removed by the April 24, 2006 rule, as
well as errors related to scope of
controls and license exceptions
described in certain Export Control
Classification Numbers.
DATES: Effective Dates: This rule is
effective: March 22, 2007.
FOR FURTHER INFORMATION CONTACT: 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. For questions of a
non-technical nature contact: Sharron
Cook, Office of Exporter Services at
202–482–2440 or e-mail:
scook@bis.doc.gov.
Background
A rule published on April 24, 2006,
added to the Export Administration
Regulations (EAR) provisions that
implemented the new formula for
calculating computer performance in
Weighted TeraFLOPS (WT). That rule
included the removal of missile
technology (MT) controls on certain
commodities in Export Control
Classification Number (ECCN) 4A003.
Since publication, however, it was
observed that some references to MT
controls were inadvertently left in Note
1 of the License Requirement section
and in the License Exception LVS
eligibility section. This rule removes
references to MT controls from 4A003.
In addition, because of the removal of
MT controls from ECCNs 4A003 and
4D001 in the April 24, 2006 rule, the
sentence in section 740.7 of the EAR
(License Exception APP) that states
‘‘Technology for computers controlled
for missile technology (MT) reasons are
not eligible for License Exception APP’’
is no longer necessary and is therefore
removed by this rule.
This rule corrects and simplifies the
headings of ECCNs 4E001 and 4D001 by
removing specific ECCN references and
pointing to the List of Items Controlled
section to determine the technology and
software controls for these ECCNs. In
addition, this rule revises the National
Security control text by removing
specific references to ECCNs and
simplifying it to read ‘‘NS applies to
entire entry.’’ This rule also corrects and
simplifies the License Exception TSR
eligibility text in the License Exception
section of ECCN 4D001 to read ‘‘Yes, for
‘software’ described in 4D001.b with an
‘Adjusted Peak Performance’ (‘APP’)
equal to or less than 0.1 WT.’’ A similar
revision is made to correct and simplify
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13441
Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Rules and Regulations
rmajette on PROD1PC67 with RULES
the License Exception TSR eligibility
text in ECCN 4E001.
This rule also removes a duplicate
paragraph in paragraph (c) of
Supplement No. 2 to part 748, which
was unintentionally left in this
paragraph.
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 two collections of information
subject to the PRA. One of the
collections 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 other of the collections
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. 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
VerDate Aug<31>2005
12:29 Mar 21, 2007
Jkt 211001
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, or to
scook@bis.doc.gov.
List of Subjects
15 CFR Parts 740 and 748
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
I Accordingly, parts 740, 748 and 774
of the Export Administration
Regulations (15 CFR parts 730–799) are
amended as follows:
paragraph following the introductory
text of paragraph (c).
PART 774—[AMENDED]
5. The authority citation for 15 CFR
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.
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]
6. In Supplement No. 1 to part 774
(the Commerce Control List), Category
4—Computers, Export Control
Classification Number (ECCN) 4A003 is
amended by revising the License
Requirements section and the License
Exceptions section, to read as follows:
I
4A003 ‘‘Digital computers’’,
‘‘electronic assemblies’’, and related
equipment therefor, as follows, and
specially designed components
therefor.
License Requirements
Reason for Control: NS, CC, AT, NP.
Control(s)
PART 740—[AMENDED]
1. The authority citation for 15 CFR
part 740 continues to read as follows:
I
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; Sec. 901–911, Pub. L.
106–387; 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).
§ 740.7
[Amended]
2. Section 740.7 is amended by
removing the last sentence in paragraph
(a)(2).
I
PART 748—[AMENDED]
3. The authority citation for 15 CFR
part 748 continues to read as follows:
I
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 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. 2 to Part 748
[Amended]
4. Supplement No. 2 to part 748 is
amended by removing the undesignated
I
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
NS applies to 4A003.b and
.c.
NS applies to 4A003.a, .e,
and .g.
CC applies to ‘‘digital computers’’ for computerized
finger-print equipment.
AT applies to entire entry
(refer to 4A994 for controls on ‘‘digital computers’’ with a APP $
0.00001 but # to 0.75
WT).
Country chart
NS Column 1.
NS Column 2.
CC Column 1.
AT Column 1.
NP applies, unless a License
Exception is available. See § 742.3(b) of
the EAR for information on applicable
licensing review policies.
Note 1: For all destinations, except those
countries in Country Group E:1 of
Supplement No. 1 to part 740 of the EAR, no
license is required (NLR) for computers with
an ‘‘Adjusted Peak Performance’’ (‘‘APP’’) not
exceeding 0.75 Weighted TeraFLOPS (WT)
and for ‘‘electronic assemblies’’ described in
4A003.c that are not capable of exceeding an
‘‘Adjusted Peak Performance’’ (‘‘APP’’)
exceeding 0.75 Weighted TeraFLOPS (WT) in
aggregation, except certain transfers as set
forth in § 746.3 (Iraq).
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Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Rules and Regulations
Note 2: Special Post Shipment Verification
reporting and recordkeeping requirements for
exports of computers to destinations in
Computer Tier 3 may be found in § 743.2 of
the EAR.
License Exceptions
LVS: $5000; N/A for 4A003.b and .c.
GBS: Yes, for 4A003.e, and .g and
specially designed components therefor,
exported separately or as part of a
system.
APP: Yes, for computers controlled by
4A003.a or .b, and ‘‘electronic
assemblies’’ controlled by 4A003.c, to
the exclusion of other technical
parameters, with the exception of
4A003.e (equipment performing analogto-digital conversions exceeding the
limits of 3A001.a.5.a). See § 740.7 of the
EAR.
CIV: Yes, for 4A003.e, and .g.
*
*
*
*
*
I 7. 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 Heading, the
License Requirements section, and the
License Exceptions section, to read as
follows:
4D001 Specified ‘‘software’’, see List
of Items Controlled.
License Requirements
Reason for Control: NS, CC, AT, NP.
Control(s)
NS applies to entire entry ..
CC applies to ‘‘software’’
for computerized fingerprint equipment controlled by 4A003 for CC
reasons.
AT applies to entire entry ..
Country chart
NS Column 1.
CC Column 1.
rmajette on PROD1PC67 with RULES
License Requirements
Reason for Control: NS, MT, CC, AT,
NP.
Control(s)
Country chart
NS applies to entire entry ..
MT applies to ‘‘technology’’
for items controlled by
4A001.a and 4A101 for
MT reasons.
CC applies to ‘‘technology’’
for computerized fingerprint equipment controlled by 4A003 for CC
reasons.
AT applies to entire entry ..
NS Column 1.
MT Column 1.
CC Column 1.
AT Column 1.
NP applies, unless a License
Exception is available. See § 742.3(b) of
the EAR for information on applicable
licensing review policies.
License Requirement Notes: See
§ 743.1 of the EAR for reporting
requirements for exports under License
Exceptions.
License Exceptions
CIV: N/A
TSR: Yes, for ‘‘technology’’ described
in 4E001.b with an ‘‘Adjusted Peak
Performance’’ (‘‘APP’’) equal to or less
than 0.1 WT.
APP: Yes to specific countries (see
§ 740.7 of the EAR for eligibility
criteria).
*
*
*
*
*
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. E7–5271 Filed 3–21–07; 8:45 am]
BILLING CODE 3510–33–P
AT Column 1.
NP applies, unless a License
Exception is available. See § 742.3(b) of
the EAR for information on applicable
licensing review policies.
License Exceptions
CIV: N/A
TSR: Yes, for ‘‘software’’ described in
4D001.b with an ‘‘Adjusted Peak
Performance’’ (‘‘APP’’) equal to or less
than 0.1 WT.
APP: Yes to specific countries (see
§ 740.7 of the EAR for eligibility criteria)
*
*
*
*
*
I 8. In Supplement No. 1 to part 774
(the Commerce Control List), Category
4—Computers, Export Control
Classification Number (ECCN) 4E001 is
amended by revising the Heading, the
License Requirements section, and the
License Exceptions section, to read as
follows:
VerDate Aug<31>2005
4E001 Specified ‘‘technology’’, see List
of Items Controlled.
12:29 Mar 21, 2007
Jkt 211001
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 382
[Docket No. RM00–7–012]
Revision of Annual Charges to Public
Utilities (Westar Energy, Inc. and
Kansas Gas and Electric Company)
Circuit) on remand in Westar Energy
Inc., Docket No. RM87–3–000. The
Commission here affirms its regulation
at 18 CFR 382.201 (2006), adopted in
Order No. 641, allowing correction of
transmission volumes, but in response
to the remand allows Westar Energy,
Inc. to submit corrected transmission
volumes out-of-time.
The Commission clarifies going
forward that it will accept timely FERC
Reporting Requirement No. 582 (FERC
582) corrections but will accept only
those late-filed FERC 582 corrections
that are discovered through a
Commission-conducted audit and that
correct previously under-reported
transmission volumes. When a public
utility underreports, it is assessed
comparatively smaller annual charges,
and other public utilities are assessed
relatively larger annual charges thereby
subsidizing those utilities who
underreport.
DATES: Effective Date: This order on
remand is effective March 15, 2007.
FOR FURTHER INFORMATION CONTACT:
Jennifer Rinker, Office of the General
Counsel—Energy Markets, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426,
(202) 502–6563.
SUPPLEMENTARY INFORMATION: Before
Commissioners: Joseph T. Kelliher,
Chairman; Suedeen G. Kelly, Marc
Spitzer, Philip D. Moeller, and Jon
Wellinghoff.
Order on Remand and Announcing
Policy on Submission of Corrected
Electric Annual Charge-Related Data
1. This order addresses issues raised
by the United States Court of Appeals
for the District of Columbia Circuit (D.C.
Circuit) on remand.1 The Commission
here affirms its regulation allowing
correction of transmission volumes,2
adopted in Order No. 641,3 but in
response to the remand allows Westar
Energy, Inc. (Westar) to submit
corrected transmission volumes out-oftime. The Commission clarifies going
forward that it will accept timely FERC
Reporting Requirement No. 582 (FERC
582) corrections but will accept only
those late-filed FERC 582 corrections
that are discovered through a
Issued March 15, 2007.
Federal Energy Regulatory
Commission, DOE.
ACTION: Final rule; order on remand and
announcement of policy.
AGENCY:
SUMMARY: In this order, the Federal
Energy Regulatory Commission
(Commission) addresses issues raised by
the United States Court of Appeals for
the District of Columbia Circuit (D.C.
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
1 Westar Energy Inc., Docket No. RM87–3–000
(Apr. 8, 2004) (unpublished letter order), reh’g
denied sub nom. Revision of Annual Charges to
Public Utilities (Westar Energy, Inc. and Kansas Gas
and Electric Company), 111 FERC ¶ 61,086 (2005),
remanded sub nom. Westar Energy, Inc. v. FERC,
473 F.3d 1239 (D.C. Cir. 2007).
2 18 CFR 382.201 (2006).
3 Revision of Annual Charges to Public Utilities,
Order No. 641, FERC Stats. & Regs. ¶ 31,109 (2000),
reh’g denied, Order No. 641–A, 94 FERC ¶ 61,290
(2001).
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]]>Agencies
[Federal Register Volume 72, Number 55 (Thursday, March 22, 2007)]
[Rules and Regulations]
[Pages 13440-13442]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5271]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740, 748 and 774
[Docket No. 070308049-7056-01]
RIN 0694-AD98
Corrections to 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.
-----------------------------------------------------------------------
SUMMARY: This rule corrects errors that were published on April 24,
2006, in the rule that implemented the new formula for calculating
computer performance in Weighted TeraFLOPS (71 FR 20876). These errors
include references to Missile Technology controls that were removed by
the April 24, 2006 rule, as well as errors related to scope of controls
and license exceptions described in certain Export Control
Classification Numbers.
DATES: Effective Dates: This rule is effective: March 22, 2007.
FOR FURTHER INFORMATION CONTACT: 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. For
questions of a non-technical nature contact: Sharron Cook, Office of
Exporter Services at 202-482-2440 or e-mail: scook@bis.doc.gov.
SUPPLEMENTARY INFORMATION
Background
A rule published on April 24, 2006, added to the Export
Administration Regulations (EAR) provisions that implemented the new
formula for calculating computer performance in Weighted TeraFLOPS
(WT). That rule included the removal of missile technology (MT)
controls on certain commodities in Export Control Classification Number
(ECCN) 4A003. Since publication, however, it was observed that some
references to MT controls were inadvertently left in Note 1 of the
License Requirement section and in the License Exception LVS
eligibility section. This rule removes references to MT controls from
4A003.
In addition, because of the removal of MT controls from ECCNs 4A003
and 4D001 in the April 24, 2006 rule, the sentence in section 740.7 of
the EAR (License Exception APP) that states ``Technology for computers
controlled for missile technology (MT) reasons are not eligible for
License Exception APP'' is no longer necessary and is therefore removed
by this rule.
This rule corrects and simplifies the headings of ECCNs 4E001 and
4D001 by removing specific ECCN references and pointing to the List of
Items Controlled section to determine the technology and software
controls for these ECCNs. In addition, this rule revises the National
Security control text by removing specific references to ECCNs and
simplifying it to read ``NS applies to entire entry.'' This rule also
corrects and simplifies the License Exception TSR eligibility text in
the License Exception section of ECCN 4D001 to read ``Yes, for
`software' described in 4D001.b with an `Adjusted Peak Performance'
(`APP') equal to or less than 0.1 WT.'' A similar revision is made to
correct and simplify
[[Page 13441]]
the License Exception TSR eligibility text in ECCN 4E001.
This rule also removes a duplicate paragraph in paragraph (c) of
Supplement No. 2 to part 748, which was unintentionally left in this
paragraph.
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 two collections of information subject to the PRA. One of the
collections 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 other of the
collections 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. 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, or to scook@bis.doc.gov.
List of Subjects
15 CFR Parts 740 and 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
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Accordingly, parts 740, 748 and 774 of the Export Administration
Regulations (15 CFR parts 730-799) are amended as follows:
PART 740--[AMENDED]
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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.;
Sec. 901-911, Pub. L. 106-387; 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).
Sec. 740.7 [Amended]
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2. Section 740.7 is amended by removing the last sentence in paragraph
(a)(2).
PART 748--[AMENDED]
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3. The authority citation for 15 CFR part 748 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
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. 2 to Part 748 [Amended]
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4. Supplement No. 2 to part 748 is amended by removing the undesignated
paragraph following the introductory text of paragraph (c).
PART 774--[AMENDED]
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5. 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; 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]
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6. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4--Computers, Export Control Classification Number (ECCN)
4A003 is amended by revising the License Requirements section and the
License Exceptions section, to read as follows:
4A003 ``Digital computers'', ``electronic assemblies'', and related
equipment therefor, as follows, and specially designed components
therefor.
License Requirements
Reason for Control: NS, CC, AT, NP.
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
NS applies to 4A003.b and .c........... NS Column 1.
NS applies to 4A003.a, .e, and .g...... NS Column 2.
CC applies to ``digital computers'' for CC Column 1.
computerized finger-print equipment.
AT applies to entire entry (refer to AT Column 1.
4A994 for controls on ``digital
computers'' with a APP $ 0.00001 but
to 0.75 WT).
------------------------------------------------------------------------
NP applies, unless a License Exception is available. See Sec.
742.3(b) of the EAR for information on applicable licensing review
policies.
Note 1: For all destinations, except those countries in Country
Group E:1 of Supplement No. 1 to part 740 of the EAR, no license is
required (NLR) for computers with an ``Adjusted Peak Performance''
(``APP'') not exceeding 0.75 Weighted TeraFLOPS (WT) and for
``electronic assemblies'' described in 4A003.c that are not capable
of exceeding an ``Adjusted Peak Performance'' (``APP'') exceeding
0.75 Weighted TeraFLOPS (WT) in aggregation, except certain
transfers as set forth in Sec. 746.3 (Iraq).
[[Page 13442]]
Note 2: Special Post Shipment Verification reporting and
recordkeeping requirements for exports of computers to destinations
in Computer Tier 3 may be found in Sec. 743.2 of the EAR.
License Exceptions
LVS: $5000; N/A for 4A003.b and .c.
GBS: Yes, for 4A003.e, and .g and specially designed components
therefor, exported separately or as part of a system.
APP: Yes, for computers controlled by 4A003.a or .b, and
``electronic assemblies'' controlled by 4A003.c, to the exclusion of
other technical parameters, with the exception of 4A003.e (equipment
performing analog-to-digital conversions exceeding the limits of
3A001.a.5.a). See Sec. 740.7 of the EAR.
CIV: Yes, for 4A003.e, and .g.
* * * * *
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7. 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 Heading, the License Requirements
section, and the License Exceptions section, to read as follows:
4D001 Specified ``software'', see List of Items Controlled.
License Requirements
Reason for Control: NS, CC, AT, NP.
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
NS applies to entire entry............. NS Column 1.
CC applies to ``software'' for CC Column 1.
computerized finger-print equipment
controlled by 4A003 for CC reasons.
AT applies to entire entry............. AT Column 1.
------------------------------------------------------------------------
NP applies, unless a License Exception is available. See Sec.
742.3(b) of the EAR for information on applicable licensing review
policies.
License Exceptions
CIV: N/A
TSR: Yes, for ``software'' described in 4D001.b with an ``Adjusted
Peak Performance'' (``APP'') equal to or less than 0.1 WT.
APP: Yes to specific countries (see Sec. 740.7 of the EAR for
eligibility criteria)
* * * * *
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8. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 4--Computers, Export Control Classification Number (ECCN)
4E001 is amended by revising the Heading, the License Requirements
section, and the License Exceptions section, to read as follows:
4E001 Specified ``technology'', see List of Items Controlled.
License Requirements
Reason for Control: NS, MT, CC, AT, NP.
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
NS applies to entire entry............. NS Column 1.
MT applies to ``technology'' for items MT Column 1.
controlled by 4A001.a and 4A101 for MT
reasons.
CC applies to ``technology'' for CC Column 1.
computerized fingerprint equipment
controlled by 4A003 for CC reasons.
AT applies to entire entry............. AT Column 1.
------------------------------------------------------------------------
NP applies, unless a License Exception is available. See Sec.
742.3(b) of the EAR for information on applicable licensing review
policies.
License Requirement Notes: See Sec. 743.1 of the EAR for reporting
requirements for exports under License Exceptions.
License Exceptions
CIV: N/A
TSR: Yes, for ``technology'' described in 4E001.b with an
``Adjusted Peak Performance'' (``APP'') equal to or less than 0.1 WT.
APP: Yes to specific countries (see Sec. 740.7 of the EAR for
eligibility criteria).
* * * * *
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. E7-5271 Filed 3-21-07; 8:45 am]
BILLING CODE 3510-33-P
