December 2006 Wassenaar Arrangement Plenary Agreement Implementation: Categories 1, 3, 6, and 7 of the Commerce Control List; Wassenaar Reporting Requirements, 6603-6607 [08-480]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Rules and Regulations
Background
This document corrects errors
contained in the Bureau of Industry and
Security (BIS) final rule published in
the Federal Register on November 5,
2007 (72 FR 62524). Specifically, this
rule corrects sections of the EAR as set
forth below.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742, 744, 748 and 774
[Docket No. 070105004–7809–02]
RIN 0694 AD95
December 2006 Wassenaar
Arrangement Plenary Agreement
Implementation: Categories 1, 3, 6, and
7 of the Commerce Control List;
Wassenaar Reporting Requirements
Bureau of Industry and
Security, Commerce.
ACTION: Final rule; correction.
rmajette on PROD1PC64 with RULES
AGENCY:
SUMMARY: On November 5, 2007, the
Bureau of Industry and Security
published a final rule that amended the
Export Administration Regulations
(EAR) to implement the agreement
reached at the December 2006 plenary
meeting of the Wassenaar Arrangement
on Export Controls for Conventional
Arms and Dual-Use Goods and
Technologies. The November 5 final
rule contained errors in Parts 742 and
744, and Categories 1, 3, 6 and 7 on the
Commerce Control List. This rule
corrects those errors.
In addition, the November 5th rule
indirectly affected an item of the list of
eligible items for Authorized Validated
End-User (VEU) Applied Materials
China, Ltd. This rule corrects that item
listing to harmonize with revisions of
the November 5th rule.
DATES: Effective Date: This rule is
effective February 5, 2008.
FOR FURTHER INFORMATION CONTACT: For
questions of a general nature contact
Sharron Cook, Office of Exporter
Services, Bureau of Industry and
Security, U.S. Department of Commerce
at (202) 482–2440 or E-mail:
scook@bis.doc.gov.
For questions of a technical nature
contact:
Category 1: Bob Teer 202–482–4749
Category 3: Brian Baker 202–482–
5534
Category 6: Chris Costanzo 202–482–
0718 and Mark Jaso 202–482–0987
Comments regarding the collections of
information associated with this rule,
including suggestions for reducing the
burden, should be sent to OMB Desk
Officer, New Executive Office Building,
Washington, DC 20503, Attention:
David Rostker; and to the Office of
Administration, Bureau of Industry and
Security, Department of Commerce,
14th and Pennsylvania Avenue, NW.,
Room 6883, Washington, DC 20230.
SUPPLEMENTARY INFORMATION
VerDate Aug<31>2005
15:28 Feb 04, 2008
Jkt 214001
Part 742
• Section 742.6 is amended by adding
the phrase ‘‘(except 6A002.a.3.d.a.2 and
6A002.a.3.e for lead selenide focal plane
arrays)’’ after 6A002.a.3 in paragraph
(a)(1) to reflect the change in RS
controls in Export Control Classification
Number (ECCN) 6A002 that was
published on November 5, 2007.
Part 744
• Section 744.17 is amended by
revising the reference in the first
sentence to ‘‘Part 42’’ to read ‘‘Part 742’’
to fix the typographical error.
Category 1
• ECCN 1A002 is amended to fix a
typographical error by revising the
phrase ‘‘structures of laminates’’ to read
‘‘structures or laminates’’ in the last
note in the items paragraph of the List
of Items Controlled section.
Category 3
• ECCN 3A001 is amended by
revising the abbreviation ‘‘TWAS’’ to
read ‘‘TWTAs’’ in the GBS paragraph of
the License Exception section to fix that
typographical error.
Category 6
• ECCN 6A004 is amended by
replacing the double quotes with single
quotes around the term ‘aspheric optical
element’ in the Related Definitions
paragraph of the List of Items Controlled
section of ECCN 6A004, because single
quotes signify a local definition found
in the ECCN as opposed to a definition
that is located in Part 772.
• ECCN 6A005 is amended by:
a. Removing the reference to a.4 in the
NP control paragraph of the License
Requirements section, because the
equipment in this paragraph is not
controlled for nuclear non-proliferation;
b. Revising the phrase ‘‘6A005.c.1.b
and 6A005.c.2.b’’ to read ‘‘6A005.c.1.b
or 6A005.c.2.b’’ in paragraphs h and i of
the License Requirement Note; and
c. Revising the GBS and CIV
paragraphs in the License Exception
section of ECCN 6A005 (lasers);
Rationale: The license exception
language under the recently revised
ECCN 6A005 does not represent the
intent of the agencies involved in the
revisions for ECCN 6A005. The intent
was for the items described under the
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
6603
revised license exception language to
match the descriptions under the earlier
version. The license exception language
for License Exceptions GBS and CIV
under the previous ECCN 6A005
allowed only certain dye, liquid, CO and
CO2, and neodymium lasers to be
eligible for these exceptions. The license
exception language under the recently
revised ECCN 6A005 allows all lasers
and components, with the exception of
NP controlled items, to be eligible for
GBS and CIV exceptions. Implementing
controls for fiber lasers was a significant
part of the 2006 Wassenaar revisions to
6A005. An unintended consequence of
the language published on November 5,
2007 permitted these lasers to be eligible
for License Exceptions GBS and CIV.
• ECCN 6A995 is amended by:
a. Revising the numbering of the
paragraphs in 6A995.d.1, because these
paragraphs were mis-numbered; and
b. Revising the average output power
from ‘‘500 W’’ to ‘‘50 W’’ in 6A995.e.1.b
to maintain the anti-terrorism controls
on lasers that were controlled in
6A005.c.2.c.3.b.2 prior to the November
2007 rule.
• ECCN 6E201 is amended by
revising the heading to:
a. Remove the phrase ‘‘not controlled
by 6E001 or 6E002’’, because 6E001
controls development technology and
6E002 controls production technology,
and therefore, the phrase is not
necessary in 6E201, which controls use
technology; and
b. Remove the reference to 6A005.a.4,
because it is not controlled for nuclear
non-proliferation reasons.
Category 7
• ECCN 7A101 is amended by
replacing the word ‘‘therefore’’ with
‘‘therefor’’ in the heading.
• ECCNs 7D001 and 7D003 are
amended by revising the MT paragraph
in the License Requirements section to
replace the text ‘‘MT applies to entire
entry except 7A008’’ with ‘‘MT applies
to ‘‘software’’ for equipment controlled
for MT reasons. MT does not apply to
‘‘software’’ for equipment controlled by
7A008’’. This amendment clarifies that
the MT controls for these ECCNs only
apply to equipment controlled for MT
reasons and do not apply to software for
equipment controlled by 7A008.
• ECCNs 7E001 and 7E002 are
amended by revising the MT paragraph
in the License Requirements section to
replace the text ‘‘MT applies to entire
entry except 7A008’’ with ‘‘MT applies
to ‘‘technology’’ for equipment
controlled for MT reasons. MT does not
apply to ‘‘technology’’ for equipment
controlled by 7A008’’. This amendment
clarifies that the MT controls for these
E:\FR\FM\05FER1.SGM
05FER1
6604
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Rules and Regulations
ECCNs only apply to equipment
controlled for MT reasons and do not
apply to technology for equipment
controlled by 7A008.
Supplement No. 7 to Part 748
‘‘Authorization Validated End-User
(VEU): List of Validated End-Users,
Respective Items Eligible for Export,
Reexport and Transfer, and Eligible
Destinations’’
The November 5th Wassenaar
implementation rule redesignated
3B001.f.2 as 3B001.f.3. Therefore, this
rule replaces the listing of ‘‘3B001.f.2’’
with ‘‘3B001.f.3’’ for Applied Materials
China, Ltd in Supplement No 7 to Part
748.
rmajette on PROD1PC64 with RULES
Saving Clause
Shipments of items removed from
license exception eligibility or eligibility
for export without a license as a result
of this regulatory action that were on
dock for loading, on lighter, laden
aboard an exporting carrier, or en route
aboard a carrier to a port of export, on
February 5, 2008, pursuant to actual
orders for export to a foreign
destination, may proceed to that
destination under the previous license
exception eligibility or without a license
so long as they have been exported from
the United States before April 7, 2008.
Any such items not actually exported
before midnight, on April 7, 2008,
require a license in accordance with this
regulation.
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 15, 2007, 72 FR 46137
(August 16, 2007), 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
Executive Order 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
VerDate Aug<31>2005
15:28 Feb 04, 2008
Jkt 214001
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 6622, Washington,
DC 20230.
3. This rule does not contain policies
with Federalism implications as that
term is defined 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 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,
14th & Pennsylvania Ave., NW., Room
2705, Washington, DC 20230.
List of Subjects
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 744
Exports, Reporting and recordkeeping
requirements, Terrorism.
15 CFR Part 748
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
I Accordingly, Parts 742, 744, 748 and
774 of the Export Administration
Regulations (15 CFR Parts 730–774) are
amended as follows:
PART 742—[AMENDED]
1. The authority citation for part 742
continues to read as follows:
I
Authority: 50 U.S.C. app. 2401, et seq.; 50
U.S.C. 1701, et seq.; 22 U.S.C. 3201, et seq.;
42 U.S.C. 2139a; Sec. 901–911, Pub. L. 106–
387; Sec. 221, Pub. L. 107–56; Sec 1503, Pub.
L. 108–11, 117 Stat. 559; E.O. 12058, 43 FR
20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994
Comp., p. 950; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783;
Presidential Determination 2003–23 of May
7, 2003, 68 FR 26459, May 16, 2003; Notice
of August 3, 2006, 71 FR 44551 (August 7,
2006); Notice of October 27, 2006, 71 FR
64109 (October 31, 2006); Notice of August
15, 2007, 72 FR 46137 (August 16, 2007).
2. Section 742.6 is amended by
revising paragraph (a)(1) to read as
follows:
I
§ 742.6
Regional stability.
(a) * * *
(1) As indicated in the CCL and in RS
Column 1 of the Country Chart (see
Supplement No. 1 to part 738 of the
EAR), a license is required to all
destinations, except Canada, for items
described on the CCL under ECCNs
6A002.a.1, a.2, a.3, .c, or .e; 6A003.b.3
and b.4; 6A008.j.1; 6A998.b; 6D001
(only ‘‘software’’ for the ‘‘development’’
or ‘‘production’’ of items in 6A002.a.1,
a.2, a.3 (except 6A002.a.3.d.a.2 and
6A002.a.3.e for lead selenide focal plane
arrays), .c; 6A003.b.3 and .b.4; or
6A008.j.1); 6D002 (only ‘‘software’’ for
the ‘‘use’’ of items in 6A002.a.1, a.2, a.3,
.c; 6A003.b.3 and .b.4; or 6A008.j.1);
6D991 (only ‘‘software’’ for the
‘‘development,’’ ‘‘production,’’ or ‘‘use’’
of equipment controlled by 6A002.e or
6A998.b); 6E001 (only ‘‘technology’’ for
‘‘development’’ of items in 6A002.a.1,
a.2, a.3, and .c or .e, 6A003.b.3 and b.4,
or 6A008.j.1); 6E002 (only ‘‘technology’’
for ‘‘production’’ of items in 6A002.a.1,
a.2, a.3, .c, or .e, 6A003.b.3 or b.4, or
6A008.j.1); 6E991 (only ‘‘technology’’
for the ‘‘development,’’ ‘‘production,’’ or
‘‘use’’ of equipment controlled by
6A998.b); 7D001 (only ‘‘software’’ for
‘‘development’’ or ‘‘production’’ of
items in 7A001, 7A002, or 7A003);
7E001 (only ‘‘technology’’ for the
‘‘development’’ of inertial navigation
systems, inertial equipment, and
specially designed components therefor
E:\FR\FM\05FER1.SGM
05FER1
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Rules and Regulations
for civil aircraft); 7E002 (only
‘‘technology’’ for the ‘‘production’’ of
inertial navigation systems, inertial
equipment, and specially designed
components therefor for civil aircraft);
7E101 (only ‘‘technology’’ for the ‘‘use’’
of inertial navigation systems, inertial
equipment, and specially designed
components for civil aircraft).
*
*
*
*
*
PART 744—[AMENDED]
3. The authority citation for part 744
continues to read as follows:
I
Authority: 50 U.S.C. app. 2401, et seq.; 50
U.S.C. 1701, et seq.; 22 U.S.C. 3201, et seq.;
42 U.S.C. 2139a; Sec. 901–911, Pub. L. 106–
387; Sec. 221, Pub. L. 107–56; E.O. 12058, 43
FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994
Comp., p. 950; E.O. 12947, 60 FR 5079, 3
CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O.
13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of August
3, 2006, 71 FR 44551 (August 7, 2006); Notice
of October 27, 2006, 71 FR 64109 (October
31, 2006); Notice of August 15, 2007, 72 FR
46137 (August 16, 2007).
4. Section 744.17 is amended by
revising the reference ‘‘Part 42’’ to read
‘‘Part 742’’ in paragraph (a).
I
PART 748—[AMENDED]
5. The authority citation for 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 15, 2007, 72 FR 46137 (August 16,
2007).
6. Supplement No. 7 to part 748 is
amended by removing the reference to
‘‘3B001.f.2’’ and adding in its place
‘‘3B001.f.3’’ in the Eligible Items (By
ECCN) column for Applied Materials
China, Ltd.
I
7. The authority citation for part 774
continues to read as follows:
rmajette on PROD1PC64 with RULES
I
Authority: 50 U.S.C. app. 2401, et seq.; 50
U.S.C. 1701,ex et seq.; 10 U.S.C. 7420; 10
U.S.C. 7430(e); 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); Notice of August 15, 2007,
72 FR 46137 (August 16, 2007).
15:28 Feb 04, 2008
8. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 1
Materials, Chemicals, Microorganisms,
and Toxins, Export Control
Classification Number (ECCN) 1A002 is
amended by revising the phrase
‘‘structures of laminates’’ to read
‘‘structures or laminates’’ in the last
Note appearing in the ‘‘items’’
paragraph in the List of Items Controlled
section.
I 9. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 3
Electronics, Export Control
Classification Number (ECCN) 3A001 is
amended by removing the abbreviation
‘‘TWAS’’ and adding in its place
‘‘TWTAs’’ in the GBS paragraph of the
License Exceptions section.
I 10. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 6
Sensors, Export Control Classification
Number (ECCN) 6A004 is amended by
removing the double quotes and adding
in their place single quotes around the
term ‘‘aspheric optical element’’ in the
Related Controls paragraph and the
Related Definitions paragraph of the List
of Items controlled section.
I 11. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 6
Sensors, Export Control Classification
Number (ECCN) 6A005 is amended by:
I a. Removing ‘‘a.4’’ from the list of
references in the NP paragraph of the
License Requirements section;
I b. Revising the phrase ‘‘6A005.c.1.b
and 6A005.c.2.b’’ to read ‘‘6A005.c.1.b
or 6A005.c.2.b’’ in paragraphs (h) and (i)
of the License Requirement Note; and
I c. Revising the GBS and CIV
paragraphs in the License Exception
section, to read as follows:
I
6A005 ‘‘Lasers’’ (other than those described
in 0B001.g.5 or .h.6), components and
optical equipment, as follows (see List of
Items Controlled).
*
Jkt 214001
*
*
*
*
*
*
*
Frm 00029
Fmt 4700
*
Sfmt 4700
*
*
*
*
*
12. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 6
Sensors, Export Control Classification
Number (ECCN) 6A995 is amended by:
I a. Revising paragraph d.1.a in the
items paragraph of the List of Items
Controlled section, to read as set forth
below; and
I b. Revising the average output power
from ‘‘500 W’’ to read ‘‘50 W’’ in
6A995.e.1.b.
I
6A995 ‘‘Lasers’’, not controlled by
0B001.g.5, 0B001.h.6, 6A005 or 6A205.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
*
*
Items:
GBS: Neodymium-doped (other than glass)
‘‘lasers’’ controlled by 6A005.b.6.c.2 (except
6A005.b.6.c.2.b) that have an output
wavelength exceeding 1,000 nm, but not
exceeding 1,100 nm, and an average or CW
output power not exceeding 2kW, and
operate in a pulse-excited, non-‘‘Q-switched’’
multiple-transverse mode, or in a
continuously excited, multiple-transverse
mode; Dye and Liquid Lasers controlled by
6A005.c.1 and c.2, except for a pulsed single
longitudinal mode oscillator having an
average output power exceeding 1 W and a
repetition rate exceeding 1 kHz if the ‘‘pulse
duration’’ is less than 100 ns; CO ‘‘lasers’’
controlled by 6A005.d.2 having a CW
maximum rated single or multimode output
PO 00000
power not exceeding 10 kW; CO2 or CO/CO2
‘‘lasers’’ controlled by 6A005.d.3 having an
output wavelength in the range from 9,000 to
11,000 nm and having a pulsed output not
exceeding 2 J per pulse and a maximum rated
average single or multimode output power
not exceeding 5 kW; CO2 ‘‘lasers’’ controlled
by 6A005.d.3 that operate in CW multipletransverse mode, and having a CW output
power not exceeding 15kW; and 6A005.f.1.
CIV: Neodymium-doped (other than glass)
‘‘lasers’’ controlled by 6A005.b.6.c.2 (except
6A005.b.6.c.2.b) that have an output
wavelength exceeding 1,000 nm, but not
exceeding 1,100 nm, and an average or CW
output power not exceeding 2kW, and
operate in a pulse-excited, non-‘‘Q-switched’’
multiple-transverse mode, or in a
continuously excited, multiple-transverse
mode; Dye and Liquid Lasers controlled by
6A005.c.1 and c.2, except for a pulsed single
longitudinal mode oscillator having an
average output power exceeding 1 W and a
repetition rate exceeding 1 kHz if the ‘‘pulse
duration’’ is less than 100 ns; CO ‘‘lasers’’
controlled by 6A005.d.2 having a CW
maximum rated single or multimode output
power not exceeding 10 kW; CO2 or CO/CO2
‘‘lasers’’ controlled by 6A005.d.3 having an
output wavelength in the range from 9,000 to
11,000 nm and having a pulsed output not
exceeding 2 J per pulse and a maximum rated
average single or multimode output power
not exceeding 5 kW; CO2 ‘‘lasers’’ controlled
by 6A005.d.3 that operate in CW multipletransverse mode, and having a CW output
power not exceeding 15kW; and 6A005.f.1.
*
License Exceptions
*
PART 774—[AMENDED]
VerDate Aug<31>2005
Supplement No. 1 to part 774—
Commerce Control List [AMENDED]
6605
*
*
d. * * *
d.1. * * *
d.1.a. A single transverse mode output and
having any of the following:
d.1.a.1. A ‘wall-plug efficiency’ exceeding
12% and an ‘‘average output power’’
exceeding 10W and capable of operating at a
pulse repetition frequency greater than 1kHz;
or
d.1.a.2. An ‘‘average output power’’
exceeding 20W; or
*
*
*
*
*
13. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 6
Sensors, Export Control Classification
I
E:\FR\FM\05FER1.SGM
05FER1
6606
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Rules and Regulations
note to 6A005); 6A202, 6A203, 6A205,
6A225 or 6A226.
Number (ECCN) 6E201 is amended by
revising the heading to read as follows:
6E201 ‘‘Technology’’ according to the
General Technology Note for the ‘‘use’’
of equipment controlled by 6A003.a.2.
6A003.a.3, 6A003.a.4; 6A005.a.2,
6A005.b.2.b, 6A005.b.3.a, 6A005.b.4.b,
6A005.b.6.b, 6A005.c.1.b, 6A005.c.2.b,
6A005.d.3.c, or 6A005.d.4.c (as
described in the license requirement
*
*
*
*
*
14. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7
Navigation and Avionics, Export
Control Classification Number (ECCN)
7A101 is amended by removing the
word ‘‘therefore’’ and adding in its place
‘‘therefor’’ in the heading.
I 15. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7
I
Navigation and Avionics, Export
Control Classification Number (ECCN)
7D001 is amended by revising the MT
paragraph of the License Requirements
section, to read as follows:
7D001 ‘‘Software’’ specially designed or
modified for the ‘‘development’’ or
‘‘production’’ of equipment controlled by
7A (except 7A994) or 7B (except 7B994).
License Requirements
*
*
*
*
*
Control(s)
Country Chart
*
*
*
*
*
*
MT applies to ‘‘software’’ for equipment controlled for MT reasons. MT does not apply to ‘‘software’’ for equipment controlled by 7A008.
*
*
*
16. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7
Navigation and Avionics, Export
Control Classification Number (ECCN)
I
*
*
7D003 is amended by revising the MT
paragraph of the License Requirements
section, to read as follows:
*
MT Column 1.
*
*
7D003 Other ‘‘software’’, as follows
(see List of Items Controlled).
License Requirements
*
*
*
*
*
Control(s)
Country chart
*
*
*
*
*
*
MT applies to ‘‘software’’ for equipment controlled for MT reasons. MT does not apply to ‘‘software’’ for equipment controlled by 7A008.
*
*
*
17. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7
Navigation and Avionics, Export
Control Classification Number (ECCN)
7E001 is amended by revising the MT
I
*
*
paragraph in the License Requirements
section to read as follows:
7E001 ‘‘Technology’’ according to the
General Technology Note for the
‘‘development’’ of equipment or
*
MT Column 1.
*
*
‘‘software’’ controlled by 7A (except
7A994), 7B (except 7B994) or 7D (except
7D994).
License Requirements
*
*
*
*
*
Control(s)
Country chart
*
*
*
*
*
*
MT applies to ‘‘technology’’ for equipment controlled for MT reasons. MT does not apply to ‘‘technology’’ for equipment
controlled by 7A008.
*
*
*
18. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 7
Navigation and Avionics, Export
Control Classification Number (ECCN)
7E002 is amended by revising the MT
I
*
*
*
*
paragraph in the License Requirements
section, to read as follows:
7E002 ‘‘Technology’’ according to the
General Technology Note for the
‘‘production’’ of equipment controlled by
7A (except 7A994) or 7B (except 7B994).
License Requirements
*
*
*
*
rmajette on PROD1PC64 with RULES
Control(s)
VerDate Aug<31>2005
*
15:28 Feb 04, 2008
*
Jkt 214001
PO 00000
*
Frm 00030
*
Country chart
*
*
*
*
*
*
MT applies to ‘‘technology’’ for equipment controlled for MT reasons. MT does not apply to ‘‘technology’’ for equipment
controlled by 7A008.
*
*
MT Column 1.
Fmt 4700
*
Sfmt 4700
E:\FR\FM\05FER1.SGM
*
05FER1
*
MT Column 1.
*
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Rules and Regulations
Eileen M. Albanese,
Director for Office of Exporter Services.
[FR Doc. 08–480 Filed 2–4–08; 8:45 am]
PART 520—ORAL DOSAGE FORM
NEW ANIMAL DRUGS
and for 1 day following each
vaccination.
1. The authority citation for 21 CFR
part 520 continues to read as follows:
(2) Limitations. Do not administer to
laying chickens. Do not administer
within 5 days of slaughter.
I 5. Revise § 520.2123c to read as
follows:
I
BILLING CODE 3510–33–P
Authority: 21 U.S.C. 360b.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
I
Food and Drug Administration
§ 520.2123
forms.
21 CFR Part 520
I
Oral Dosage Form New Animal Drugs;
Spectinomycin
§ 520.2123a
AGENCY:
2. Revise § 520.2123 to read as
follows:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
rmajette on PROD1PC64 with RULES
SUMMARY: The Food and Drug
Administration (FDA) is amending the
animal drug regulations to correct an
error in the indications for use for
spectinomycin oral solution in swine.
FDA is also amending the regulations
for other oral dosage forms of
spectinomycin to reflect a current
format. These actions are being taken to
improve the accuracy and readability of
the animal drug regulations.
DATES: This rule is effective February 5,
2008.
FOR FURTHER INFORMATION CONTACT:
George K. Haibel, Center for Veterinary
Medicine (HFV–6), Food and Drug
Administration, 7519 Standish Pl.,
Rockville, MD 20855, 240–276–9019, email: george.haibel@fda.hhs.gov.
SUPPLEMENTARY INFORMATION: FDA has
noticed that the animal drug regulations
do not reflect the approved indications
for use for spectinomycin oral solution
in swine. At this time, FDA is amending
the animal drug regulations in
§ 520.2123c (21 CFR 520.2123c) to
correct this error. FDA is also amending
the regulations in § 520.2123a for
spectinomycin tablets and in
§ 520.2123b for spectinomycin powder
to reflect a current format. These actions
are being taken to improve the accuracy
and readability of the animal drug
regulations.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
List of Subjects in 21 CFR Part 520
Animal drugs.
I Therefore, under the Federal Food,
Drug, and Cosmetic Act and under the
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 520 is amended as follows:
VerDate Aug<31>2005
15:28 Feb 04, 2008
Jkt 214001
6607
Spectinomycin oral dosage
3. Revise § 520.2123a to read as
follows:
Spectinomycin tablets.
(a) Specifications. Each tablet
contains spectinomycin
dihydrochloride pentahydrate
equivalent to 100 milligrams (mg)
spectinomycin.
(b) Sponsor. See No. 061623 in
§ 510.600(c) of this chapter.
(c) Conditions of use in dogs—(1)
Amount. Administer orally to provide
10 mg per pound (lb) of body weight
twice daily. Dosage may be continued
for 4 consecutive days.
(2) Indications for use. For the
treatment of infectious diarrhea and
gastroenteritis caused by organisms
susceptible to spectinomycin.
(3) Limitations. Federal law restricts
this drug to use by or on the order of
a licensed veterinarian.
I 4. Revise § 520.2123b to read as
follows:
§ 520.2123b
Spectinomycin powder.
(a) Specifications. Each gram (g) of
powder contains spectinomycin
dihydrochloride pentahydrate
equivalent to 0.5 g spectinomycin.
(b) Sponsor. See No. 061623 in
§ 510.600(c) of this chapter.
(c) Related tolerances. See § 556.600
of this chapter.
(d) Conditions of use in chickens. It is
administered in the drinking water of
growing chickens as follows:
(1) Indications for use and amounts—
(i) For increased rate of weight gain and
improved feed efficiency in broiler
chickens, administer 0.5 g per gallon of
water as the only source of drinking
water for the first 3 days of life and for
1 day following each vaccination.
(ii) As an aid in controlling infectious
synovitis due to Mycoplasma synoviae
in broiler chickens, administer 1 g per
gallon of water as the only source of
drinking water for the first 3 to 5 days
of life.
(iii) As an aid in the prevention or
control of losses due to CRD associated
with M. gallisepticum (PPLO) in
growing chickens, administer 2 g per
gallon of water as the only source of
drinking water for the first 3 days of life
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
§ 520.2123c
Spectinomycin solution.
(a) Specifications. Each milliliter of
solution contains spectinomycin
dihydrochloride pentahydrate
equivalent to 50 milligrams (mg)
spectinomycin.
(b) Sponsors. See Nos. 000856,
059130, and 061623 in § 510.600(c) of
this chapter.
(c) Related tolerances. See § 556.600
of this chapter.
(d) Conditions of use in swine—(1)
Amount. Administer 5 mg per pound
(lb) of body weight orally twice daily for
3 to 5 days.
(2) Indications for use. For the
treatment and control of porcine enteric
colibacillosis (scours) caused by E. coli
susceptible to spectinomycin in pigs
under 4 weeks of age.
(3) Limitations. Do not administer to
pigs over 15 lb body weight or over 4
weeks of age. Do not administer within
21 days of slaughter.
Dated: January 24, 2008.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. E8–2065 Filed 2–4–08; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 110
[Docket No. USCG–2007–0036, formerly
CGD07–122]
RIN 1625–AA01
Anchorage Regulation; Port
Everglades, FL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard amends the
anchorage regulations for Port
Everglades, Florida. The amendment
modifies the current anchorage area by
eliminating that portion of the
anchorage closest to sensitive coral reef
areas, expands that portion of the
anchorage area that poses less risk to
these areas, and limits the amount of
time a vessel may remain in the
anchorage area. These changes ensure
E:\FR\FM\05FER1.SGM
05FER1
]]>Agencies
[Federal Register Volume 73, Number 24 (Tuesday, February 5, 2008)]
[Rules and Regulations]
[Pages 6603-6607]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-480]
[[Page 6603]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742, 744, 748 and 774
[Docket No. 070105004-7809-02]
RIN 0694 AD95
December 2006 Wassenaar Arrangement Plenary Agreement
Implementation: Categories 1, 3, 6, and 7 of the Commerce Control List;
Wassenaar Reporting Requirements
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: On November 5, 2007, the Bureau of Industry and Security
published a final rule that amended the Export Administration
Regulations (EAR) to implement the agreement reached at the December
2006 plenary meeting of the Wassenaar Arrangement on Export Controls
for Conventional Arms and Dual-Use Goods and Technologies. The November
5 final rule contained errors in Parts 742 and 744, and Categories 1,
3, 6 and 7 on the Commerce Control List. This rule corrects those
errors.
In addition, the November 5th rule indirectly affected an item of
the list of eligible items for Authorized Validated End-User (VEU)
Applied Materials China, Ltd. This rule corrects that item listing to
harmonize with revisions of the November 5th rule.
DATES: Effective Date: This rule is effective February 5, 2008.
FOR FURTHER INFORMATION CONTACT: For questions of a general nature
contact Sharron Cook, Office of Exporter Services, Bureau of Industry
and Security, U.S. Department of Commerce at (202) 482-2440 or E-mail:
scook@bis.doc.gov.
For questions of a technical nature contact:
Category 1: Bob Teer 202-482-4749
Category 3: Brian Baker 202-482-5534
Category 6: Chris Costanzo 202-482-0718 and Mark Jaso 202-482-0987
Comments regarding the collections of information associated with
this rule, including suggestions for reducing the burden, should be
sent to OMB Desk Officer, New Executive Office Building, Washington, DC
20503, Attention: David Rostker; and to the Office of Administration,
Bureau of Industry and Security, Department of Commerce, 14th and
Pennsylvania Avenue, NW., Room 6883, Washington, DC 20230.
SUPPLEMENTARY INFORMATION
Background
This document corrects errors contained in the Bureau of Industry
and Security (BIS) final rule published in the Federal Register on
November 5, 2007 (72 FR 62524). Specifically, this rule corrects
sections of the EAR as set forth below.
Part 742
Section 742.6 is amended by adding the phrase ``(except
6A002.a.3.d.a.2 and 6A002.a.3.e for lead selenide focal plane arrays)''
after 6A002.a.3 in paragraph (a)(1) to reflect the change in RS
controls in Export Control Classification Number (ECCN) 6A002 that was
published on November 5, 2007.
Part 744
Section 744.17 is amended by revising the reference in the
first sentence to ``Part 42'' to read ``Part 742'' to fix the
typographical error.
Category 1
ECCN 1A002 is amended to fix a typographical error by
revising the phrase ``structures of laminates'' to read ``structures or
laminates'' in the last note in the items paragraph of the List of
Items Controlled section.
Category 3
ECCN 3A001 is amended by revising the abbreviation
``TWAS'' to read ``TWTAs'' in the GBS paragraph of the License
Exception section to fix that typographical error.
Category 6
ECCN 6A004 is amended by replacing the double quotes with
single quotes around the term `aspheric optical element' in the Related
Definitions paragraph of the List of Items Controlled section of ECCN
6A004, because single quotes signify a local definition found in the
ECCN as opposed to a definition that is located in Part 772.
ECCN 6A005 is amended by:
a. Removing the reference to a.4 in the NP control paragraph of the
License Requirements section, because the equipment in this paragraph
is not controlled for nuclear non-proliferation;
b. Revising the phrase ``6A005.c.1.b and 6A005.c.2.b'' to read
``6A005.c.1.b or 6A005.c.2.b'' in paragraphs h and i of the License
Requirement Note; and
c. Revising the GBS and CIV paragraphs in the License Exception
section of ECCN 6A005 (lasers);
Rationale: The license exception language under the recently
revised ECCN 6A005 does not represent the intent of the agencies
involved in the revisions for ECCN 6A005. The intent was for the items
described under the revised license exception language to match the
descriptions under the earlier version. The license exception language
for License Exceptions GBS and CIV under the previous ECCN 6A005
allowed only certain dye, liquid, CO and CO2, and neodymium lasers to
be eligible for these exceptions. The license exception language under
the recently revised ECCN 6A005 allows all lasers and components, with
the exception of NP controlled items, to be eligible for GBS and CIV
exceptions. Implementing controls for fiber lasers was a significant
part of the 2006 Wassenaar revisions to 6A005. An unintended
consequence of the language published on November 5, 2007 permitted
these lasers to be eligible for License Exceptions GBS and CIV.
ECCN 6A995 is amended by:
a. Revising the numbering of the paragraphs in 6A995.d.1, because
these paragraphs were mis-numbered; and
b. Revising the average output power from ``500 W'' to ``50 W'' in
6A995.e.1.b to maintain the anti-terrorism controls on lasers that were
controlled in 6A005.c.2.c.3.b.2 prior to the November 2007 rule.
ECCN 6E201 is amended by revising the heading to:
a. Remove the phrase ``not controlled by 6E001 or 6E002'', because
6E001 controls development technology and 6E002 controls production
technology, and therefore, the phrase is not necessary in 6E201, which
controls use technology; and
b. Remove the reference to 6A005.a.4, because it is not controlled
for nuclear non-proliferation reasons.
Category 7
ECCN 7A101 is amended by replacing the word ``therefore''
with ``therefor'' in the heading.
ECCNs 7D001 and 7D003 are amended by revising the MT
paragraph in the License Requirements section to replace the text ``MT
applies to entire entry except 7A008'' with ``MT applies to
``software'' for equipment controlled for MT reasons. MT does not apply
to ``software'' for equipment controlled by 7A008''. This amendment
clarifies that the MT controls for these ECCNs only apply to equipment
controlled for MT reasons and do not apply to software for equipment
controlled by 7A008.
ECCNs 7E001 and 7E002 are amended by revising the MT
paragraph in the License Requirements section to replace the text ``MT
applies to entire entry except 7A008'' with ``MT applies to
``technology'' for equipment controlled for MT reasons. MT does not
apply to ``technology'' for equipment controlled by 7A008''. This
amendment clarifies that the MT controls for these
[[Page 6604]]
ECCNs only apply to equipment controlled for MT reasons and do not
apply to technology for equipment controlled by 7A008.
Supplement No. 7 to Part 748 ``Authorization Validated End-User (VEU):
List of Validated End-Users, Respective Items Eligible for Export,
Reexport and Transfer, and Eligible Destinations''
The November 5th Wassenaar implementation rule redesignated
3B001.f.2 as 3B001.f.3. Therefore, this rule replaces the listing of
``3B001.f.2'' with ``3B001.f.3'' for Applied Materials China, Ltd in
Supplement No 7 to Part 748.
Saving Clause
Shipments of items removed from license exception eligibility or
eligibility for export without a license as a result of this regulatory
action that were on dock for loading, on lighter, laden aboard an
exporting carrier, or en route aboard a carrier to a port of export, on
February 5, 2008, pursuant to actual orders for export to a foreign
destination, may proceed to that destination under the previous license
exception eligibility or without a license so long as they have been
exported from the United States before April 7, 2008. Any such items
not actually exported before midnight, on April 7, 2008, require a
license in accordance with this regulation.
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 15,
2007, 72 FR 46137 (August 16, 2007), 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 Executive Order 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 6622, Washington, DC
20230.
3. This rule does not contain policies with Federalism implications
as that term is defined 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 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, 14th & Pennsylvania Ave., NW., Room 2705, Washington, DC
20230.
List of Subjects
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
15 CFR Part 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
0
Accordingly, Parts 742, 744, 748 and 774 of the Export Administration
Regulations (15 CFR Parts 730-774) are amended as follows:
PART 742--[AMENDED]
0
1. The authority citation for part 742 continues to read as follows:
Authority: 50 U.S.C. app. 2401, et seq.; 50 U.S.C. 1701, et
seq.; 22 U.S.C. 3201, et seq.; 42 U.S.C. 2139a; Sec. 901-911, Pub.
L. 106-387; Sec. 221, Pub. L. 107-56; Sec 1503, Pub. L. 108-11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459,
May 16, 2003; Notice of August 3, 2006, 71 FR 44551 (August 7,
2006); Notice of October 27, 2006, 71 FR 64109 (October 31, 2006);
Notice of August 15, 2007, 72 FR 46137 (August 16, 2007).
0
2. Section 742.6 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 742.6 Regional stability.
(a) * * *
(1) As indicated in the CCL and in RS Column 1 of the Country Chart
(see Supplement No. 1 to part 738 of the EAR), a license is required to
all destinations, except Canada, for items described on the CCL under
ECCNs 6A002.a.1, a.2, a.3, .c, or .e; 6A003.b.3 and b.4; 6A008.j.1;
6A998.b; 6D001 (only ``software'' for the ``development'' or
``production'' of items in 6A002.a.1, a.2, a.3 (except 6A002.a.3.d.a.2
and 6A002.a.3.e for lead selenide focal plane arrays), .c; 6A003.b.3
and .b.4; or 6A008.j.1); 6D002 (only ``software'' for the ``use'' of
items in 6A002.a.1, a.2, a.3, .c; 6A003.b.3 and .b.4; or 6A008.j.1);
6D991 (only ``software'' for the ``development,'' ``production,'' or
``use'' of equipment controlled by 6A002.e or 6A998.b); 6E001 (only
``technology'' for ``development'' of items in 6A002.a.1, a.2, a.3, and
.c or .e, 6A003.b.3 and b.4, or 6A008.j.1); 6E002 (only ``technology''
for ``production'' of items in 6A002.a.1, a.2, a.3, .c, or .e,
6A003.b.3 or b.4, or 6A008.j.1); 6E991 (only ``technology'' for the
``development,'' ``production,'' or ``use'' of equipment controlled by
6A998.b); 7D001 (only ``software'' for ``development'' or
``production'' of items in 7A001, 7A002, or 7A003); 7E001 (only
``technology'' for the ``development'' of inertial navigation systems,
inertial equipment, and specially designed components therefor
[[Page 6605]]
for civil aircraft); 7E002 (only ``technology'' for the ``production''
of inertial navigation systems, inertial equipment, and specially
designed components therefor for civil aircraft); 7E101 (only
``technology'' for the ``use'' of inertial navigation systems, inertial
equipment, and specially designed components for civil aircraft).
* * * * *
PART 744--[AMENDED]
0
3. The authority citation for part 744 continues to read as follows:
Authority: 50 U.S.C. app. 2401, et seq.; 50 U.S.C. 1701, et
seq.; 22 U.S.C. 3201, et seq.; 42 U.S.C. 2139a; Sec. 901-911, Pub.
L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 12058, 43 FR 20947, 3
CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp.,
p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR,
1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of
August 3, 2006, 71 FR 44551 (August 7, 2006); Notice of October 27,
2006, 71 FR 64109 (October 31, 2006); Notice of August 15, 2007, 72
FR 46137 (August 16, 2007).
0
4. Section 744.17 is amended by revising the reference ``Part 42'' to
read ``Part 742'' in paragraph (a).
PART 748--[AMENDED]
0
5. The authority citation for 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 15,
2007, 72 FR 46137 (August 16, 2007).
0
6. Supplement No. 7 to part 748 is amended by removing the reference to
``3B001.f.2'' and adding in its place ``3B001.f.3'' in the Eligible
Items (By ECCN) column for Applied Materials China, Ltd.
PART 774--[AMENDED]
0
7. 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,ex et
seq.; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 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); Notice of August 15, 2007, 72 FR 46137
(August 16, 2007).
Supplement No. 1 to part 774--Commerce Control List [AMENDED]
0
8. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 Materials, Chemicals, Microorganisms, and Toxins, Export
Control Classification Number (ECCN) 1A002 is amended by revising the
phrase ``structures of laminates'' to read ``structures or laminates''
in the last Note appearing in the ``items'' paragraph in the List of
Items Controlled section.
0
9. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3 Electronics, Export Control Classification Number (ECCN)
3A001 is amended by removing the abbreviation ``TWAS'' and adding in
its place ``TWTAs'' in the GBS paragraph of the License Exceptions
section.
0
10. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 6 Sensors, Export Control Classification Number (ECCN) 6A004
is amended by removing the double quotes and adding in their place
single quotes around the term ``aspheric optical element'' in the
Related Controls paragraph and the Related Definitions paragraph of the
List of Items controlled section.
0
11. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 6 Sensors, Export Control Classification Number (ECCN) 6A005
is amended by:
0
a. Removing ``a.4'' from the list of references in the NP paragraph of
the License Requirements section;
0
b. Revising the phrase ``6A005.c.1.b and 6A005.c.2.b'' to read
``6A005.c.1.b or 6A005.c.2.b'' in paragraphs (h) and (i) of the License
Requirement Note; and
0
c. Revising the GBS and CIV paragraphs in the License Exception
section, to read as follows:
6A005 ``Lasers'' (other than those described in 0B001.g.5 or .h.6),
components and optical equipment, as follows (see List of Items
Controlled).
* * * * *
License Exceptions
* * * * *
GBS: Neodymium-doped (other than glass) ``lasers'' controlled by
6A005.b.6.c.2 (except 6A005.b.6.c.2.b) that have an output
wavelength exceeding 1,000 nm, but not exceeding 1,100 nm, and an
average or CW output power not exceeding 2kW, and operate in a
pulse-excited, non-``Q-switched'' multiple-transverse mode, or in a
continuously excited, multiple-transverse mode; Dye and Liquid
Lasers controlled by 6A005.c.1 and c.2, except for a pulsed single
longitudinal mode oscillator having an average output power
exceeding 1 W and a repetition rate exceeding 1 kHz if the ``pulse
duration'' is less than 100 ns; CO ``lasers'' controlled by
6A005.d.2 having a CW maximum rated single or multimode output power
not exceeding 10 kW; CO2 or CO/CO2 ``lasers''
controlled by 6A005.d.3 having an output wavelength in the range
from 9,000 to 11,000 nm and having a pulsed output not exceeding 2 J
per pulse and a maximum rated average single or multimode output
power not exceeding 5 kW; CO2 ``lasers'' controlled by
6A005.d.3 that operate in CW multiple-transverse mode, and having a
CW output power not exceeding 15kW; and 6A005.f.1.
CIV: Neodymium-doped (other than glass) ``lasers'' controlled by
6A005.b.6.c.2 (except 6A005.b.6.c.2.b) that have an output
wavelength exceeding 1,000 nm, but not exceeding 1,100 nm, and an
average or CW output power not exceeding 2kW, and operate in a
pulse-excited, non-``Q-switched'' multiple-transverse mode, or in a
continuously excited, multiple-transverse mode; Dye and Liquid
Lasers controlled by 6A005.c.1 and c.2, except for a pulsed single
longitudinal mode oscillator having an average output power
exceeding 1 W and a repetition rate exceeding 1 kHz if the ``pulse
duration'' is less than 100 ns; CO ``lasers'' controlled by
6A005.d.2 having a CW maximum rated single or multimode output power
not exceeding 10 kW; CO2 or CO/CO2 ``lasers''
controlled by 6A005.d.3 having an output wavelength in the range
from 9,000 to 11,000 nm and having a pulsed output not exceeding 2 J
per pulse and a maximum rated average single or multimode output
power not exceeding 5 kW; CO2 ``lasers'' controlled by
6A005.d.3 that operate in CW multiple-transverse mode, and having a
CW output power not exceeding 15kW; and 6A005.f.1.
* * * * *
0
12. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 6 Sensors, Export Control Classification Number (ECCN) 6A995
is amended by:
0
a. Revising paragraph d.1.a in the items paragraph of the List of Items
Controlled section, to read as set forth below; and
0
b. Revising the average output power from ``500 W'' to read ``50 W'' in
6A995.e.1.b.
6A995 ``Lasers'', not controlled by 0B001.g.5, 0B001.h.6, 6A005 or
6A205.
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
d. * * *
d.1. * * *
d.1.a. A single transverse mode output and having any of the
following:
d.1.a.1. A `wall-plug efficiency' exceeding 12% and an ``average
output power'' exceeding 10W and capable of operating at a pulse
repetition frequency greater than 1kHz; or
d.1.a.2. An ``average output power'' exceeding 20W; or
* * * * *
0
13. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 6 Sensors, Export Control Classification
[[Page 6606]]
Number (ECCN) 6E201 is amended by revising the heading to read as
follows:
6E201 ``Technology'' according to the General Technology Note for
the ``use'' of equipment controlled by 6A003.a.2. 6A003.a.3,
6A003.a.4; 6A005.a.2, 6A005.b.2.b, 6A005.b.3.a, 6A005.b.4.b,
6A005.b.6.b, 6A005.c.1.b, 6A005.c.2.b, 6A005.d.3.c, or 6A005.d.4.c
(as described in the license requirement note to 6A005); 6A202,
6A203, 6A205, 6A225 or 6A226.
* * * * *
0
14. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 7 Navigation and Avionics, Export Control Classification
Number (ECCN) 7A101 is amended by removing the word ``therefore'' and
adding in its place ``therefor'' in the heading.
0
15. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 7 Navigation and Avionics, Export Control Classification
Number (ECCN) 7D001 is amended by revising the MT paragraph of the
License Requirements section, to read as follows:
7D001 ``Software'' specially designed or modified for the
``development'' or ``production'' of equipment controlled by 7A
(except 7A994) or 7B (except 7B994).
License Requirements
* * * * *
------------------------------------------------------------------------
Control(s) Country Chart
------------------------------------------------------------------------
* * * * * * *
MT applies to ``software'' for equipment MT Column 1.
controlled for MT reasons. MT does not
apply to ``software'' for equipment
controlled by 7A008.
* * * * * * *
------------------------------------------------------------------------
0
16. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 7 Navigation and Avionics, Export Control Classification
Number (ECCN) 7D003 is amended by revising the MT paragraph of the
License Requirements section, to read as follows:
7D003 Other ``software'', as follows (see List of Items Controlled).
License Requirements
* * * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * * * *
MT applies to ``software'' for equipment MT Column 1.
controlled for MT reasons. MT does not
apply to ``software'' for equipment
controlled by 7A008.
* * * * * * *
------------------------------------------------------------------------
0
17. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 7 Navigation and Avionics, Export Control Classification
Number (ECCN) 7E001 is amended by revising the MT paragraph in the
License Requirements section to read as follows:
7E001 ``Technology'' according to the General Technology Note for
the ``development'' of equipment or ``software'' controlled by 7A
(except 7A994), 7B (except 7B994) or 7D (except 7D994).
License Requirements
* * * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * * * *
MT applies to ``technology'' for equipment MT Column 1.
controlled for MT reasons. MT does not
apply to ``technology'' for equipment
controlled by 7A008.
* * * * * * *
------------------------------------------------------------------------
0
18. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 7 Navigation and Avionics, Export Control Classification
Number (ECCN) 7E002 is amended by revising the MT paragraph in the
License Requirements section, to read as follows:
7E002 ``Technology'' according to the General Technology Note for
the ``production'' of equipment controlled by 7A (except 7A994) or
7B (except 7B994).
License Requirements
* * * * *
------------------------------------------------------------------------
Control(s) Country chart
------------------------------------------------------------------------
* * * * * * *
MT applies to ``technology'' for equipment MT Column 1.
controlled for MT reasons. MT does not
apply to ``technology'' for equipment
controlled by 7A008.
* * * * * * *
------------------------------------------------------------------------
[[Page 6607]]
Eileen M. Albanese,
Director for Office of Exporter Services.
[FR Doc. 08-480 Filed 2-4-08; 8:45 am]
BILLING CODE 3510-33-P
