Amendment to the International Arms Traffic in Arms Regulations: Eritrea, 58041-58042 [E8-23575]
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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations
components therefor containing analog-todigital converters having all of the following
characteristics:
k.1. 32 channels or more; and,
k.2. A resolution of 14 bit (plus sign bit)
or more with a conversion rate of 200,000
conversions/s or more.
22. In Supplement No. 1 to part 774
(the Commerce Control List), Category
4—Computers, Export Control
Classification Number (ECCN) 4D993 is
amended by revising the ECCN heading
and by revising paragraphs (b) and (c) of
the ‘‘Items’’ paragraph, in the ‘‘List of
Items Controlled’’ section, to read as
follows:
■
4D993 ‘‘Program’’ proof and validation
‘‘software’’, ‘‘software’’ allowing the
automatic generation of ‘‘source codes’’, and
operating system ‘‘software’’ not controlled
by 4D003 that are specially designed for real
time processing equipment (see List of Items
Controlled).
*
*
*
*
*
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
*
*
*
*
*
b. ‘‘Software’’ allowing the automatic
generation of ‘‘source codes’’ from data
acquired on line from external sensors
described in the Commerce Control List; or
c. Operating system ‘‘software’’ specially
designed for ‘‘real time processing’’
equipment that guarantees a ‘‘global interrupt
latency time’’ of less than 20 microseconds.
23. In Supplement No. 1 to part 774
(the Commerce Control List), Category
4—Computers, Export Control
Classification Number (ECCN) 4E992 is
amended by revising the ‘‘Related
Controls’’ paragraph, in the ‘‘List of
Items Controlled’’ section, to read as
follows:
■
4E992 ‘‘Technology’’ other than that
controlled in 4E001 for the ‘‘development’’,
‘‘production’’, or ‘‘use’’ of equipment
controlled by 4A994 and 4B994, materials
controlled by 4C994, or ‘‘software’’ controlled
by 4D993 or 4D994.
*
*
*
*
*
List of Items Controlled
Unit: * * *
Related Controls: N/A
Related Definitions: * * *
Items:
*
*
*
*
*
24. In Supplement No. 1 to part 774
(the Commerce Control List), Category
5—Telecommunications and
‘‘Information Security’’, Part 1
Telecommunications, Export Control
Classification Number (ECCN) 5A991 is
amended:
mstockstill on PROD1PC66 with RULES
■
VerDate Aug<31>2005
16:30 Oct 03, 2008
Jkt 217001
a. By removing paragraph (b)(8) from
the ‘‘Items’’ paragraph in the ‘‘List of
Items Controlled’’ section;
■ b. By removing and reserving
paragraphs (c)(2) and (c)(4) of the
‘‘Items’’ paragraph in the ‘‘List of Items
Controlled’’ section, and
■ c. By revising the ‘‘Note’’ at the end
of paragraph (c)(4) of the ‘‘Items’’
paragraph in the ‘‘List of Items
Controlled’’ section, to read as follows:
■
5A991 Telecommunication equipment, not
controlled by 5A001.
*
*
*
*
*
58041
Control Classification Number (ECCN)
7E002 is amended by removing the
ECCN reference ‘‘7A007,’’ from the
second sentence of the ‘‘Related
Controls’’ paragraph in the ‘‘List of
Items Controlled’’ section.
■ 29. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
Control Classification Number (ECCN)
7E101 is amended by revising the
‘‘Related Controls’’ paragraph, in the
‘‘List of Items Controlled’’ section, to
read as follows:
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
*
7E101 ‘‘Technology’’, according to the
General Technology Note for the ‘‘use’’ of
equipment controlled by 7A001 to 7A006,
7A101 to 7A107, 7A115 to 7A117, 7B001,
7B002, 7B003, 7B101, 7B102, 7B103, or
7D101 to 7D103.
*
*
*
*
*
c. ‘‘Stored program controlled’’ * * *
Note: Statistical multiplexers with digital
input and digital output which provide
switching are treated as ‘‘stored program
controlled’’ switches.
c.1. ‘‘Data (message) switching’’ equipment
or systems designed for ‘‘packet-mode
operation’’ and assemblies and components
therefor, n.e.s.
c.2. [Reserved];
c.3. Routing or switching of ‘datagram’
packets;
c.4. [Reserved]
Note: The restrictions in 5A991.c.3 do not
apply to networks restricted to using only
‘‘network access controllers’’ or to ‘‘network
access controllers’’ themselves.
*
*
*
*
*
25. In Supplement No. 1 to part 774
(the Commerce Control List), Category
6—Sensors and Lasers, Export Control
Classification Number (ECCN) 6A995 is
amended by revising the ECCN heading,
to read as follows:
■
6A995 ‘‘Lasers’’ (see List of Items
Controlled).
*
*
*
*
*
26. 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 removing the
ECCN reference ‘‘7A007,’’ from the
second sentence of the ‘‘Related
Controls’’ paragraph in the ‘‘List of
Items Controlled’’ section.
■ 27. 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 removing the
ECCN reference ‘‘7A007,’’ from the
second sentence of the ‘‘Related
Controls’’ paragraph in the ‘‘List of
Items Controlled’’ section.
■ 28. In Supplement No. 1 to part 774
(the Commerce Control List), Category
7—Navigation and Avionics, Export
■
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
*
*
*
*
List of Items Controlled
Unit: * * *
Related Controls: The ‘‘technology’’ related
to 7A003.b, 7A005, 7A103.b, 7A105, 7A106,
7A115, 7A116, 7A117, 7B103, software
specified in the Related Controls paragraph
of ECCN 7D101, 7D102.a, or 7D103 are
subject to the export licensing authority of
the U.S. Department of State, Directorate of
Defense Trade Controls. (See 22 CFR part
121.)
Related Definitions: * * *
Items:
*
*
*
*
*
30. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Propulsion Systems, Space Vehicles
and Related Equipment, Export Control
Classification Number (ECCN) 9E101 is
amended by revising the ECCN heading,
to read as follows:
■
9E101 ‘‘Technology’’ according to the
General Technology Note for the
‘‘development’’, ‘‘production’’, or ‘‘use’’ of
commodities or software controlled by
9A012, 9A101, 9A104 to 9A111, 9A115 to
9A119, 9C110, 9D101, 9D103, 9D104 or
9D105.
*
*
*
*
*
Dated: September 29, 2008.
Christopher R. Wall,
Assistant Secretary for Export
Administration.
[FR Doc. E8–23289 Filed 10–3–08; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice: 6384]
Amendment to the International Arms
Traffic in Arms Regulations: Eritrea
Department of State.
Final Rule.
AGENCY:
ACTION:
E:\FR\FM\06OCR1.SGM
06OCR1
58042
Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations
SUMMARY: The Department of State is
adding Eritrea to its regulations on
prohibited exports and sales to certain
countries as a result of its designation as
a country not cooperating fully with
antiterrorism efforts.
DATES: This rule is effective October 3,
2008.
FOR FURTHER INFORMATION CONTACT:
Nicholas Memos, Office of Defense
Trade Controls Policy, Department of
State, Telephone (202) 663–2804 or Fax
(202) 261–8199; E-mail
DTCResponseTeam@state.gov.
SUPPLEMENTARY INFORMATION: On May
14, the Deputy Secretary of State
determined that six countries, Cuba,
Eritrea, Iran, North Korea, Syria and
Venezuela, are not cooperating fully
with anti-terrorism efforts (73 FR
29172). As a result of this
determination, Section 40A of the Arms
Export Control Act, as amended (22
U.S.C. 2781), prohibits the sale or
licensing for export of defense articles
and defense services to those countries
effective October 1. This rule adds
Eritrea to the list of countries identified
in 22 CFR 126.1(a).
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
it is determined that this amendment
does not have sufficient federalism
implications to require consultations or
warrant the preparation of a federalism
summary impact statement. The
regulations implementing Executive
Order 12372 regarding
intergovernmental consultation on
Federal programs and activities do not
apply to this amendment.
Executive Order 12866
This amendment is exempt from
review under Executive Order 12866,
but has been reviewed internally by the
Department of State to ensure
consistency with the purposes thereof.
Paperwork Reduction Act
This rule does not impose any new
reporting or recordkeeping requirements
subject to the Paperwork Reduction Act,
44 U.S.C. Chapter 35.
Regulatory Analysis and Notices
Administrative Procedure Act
This amendment involves a foreign
affairs function of the United States and,
therefore, is not subject to the
procedures contained in 5 U.S.C. 553
and 554.
List of Subjects in 22 CFR Part 126
Arms and munitions, Exports.
■ Accordingly, for the reasons set forth
above, Title 22, Chapter I, Subchapter
M, Part 126 is amended as follows:
PART 126—GENERAL POLICIES AND
PROVISIONS
Regulatory Flexibility Act
Since this amendment is not subject
to the procedures in 5 U.S.C. 553, it
does not require analysis under the
Regulatory Flexibility Act.
mstockstill on PROD1PC66 with RULES
Unfunded Mandates Act of 1995
This amendment does not involve a
mandate that will result in the
expenditure by state, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any year and it will not significantly
or uniquely affect small governments.
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
This amendment has been found not
to be a major rule within the meaning
of the Small Business Regulatory
Enforcement Fairness Act of 1996.
Executive Orders 12372 and 13132
This amendment will not have
substantial direct effects on the States,
on the relationship between the national
VerDate Aug<31>2005
16:30 Oct 03, 2008
Jkt 217001
1. The authority citation for Part 126
continues to read as follows:
■
Authority: Secs. 2, 38, 40, 42 and 71, Pub.
L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2780, 2791 and 2797); E.O. 11958, 42 FR
4311; 3 CFR, 1977 Comp., p.79; 22 U.S.C.
2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR
28205; 3 CFR, 1994 Comp., p.899; Sec. 1225,
Pub. L. 108–375.
2. Section 126.1 is amended by
revising paragraph (a) as follows:
■
§ 126.1 Prohibited exports and sales to
certain countries.
(a) General. It is the policy of the
United States to deny licenses and other
approvals for exports and imports of
defense articles and defense services,
destined for or originating in certain
countries. This policy applies to
Belarus, Cuba, Eritrea, Iran, North
Korea, Syria, and Venezuela. This
policy also applies to countries with
respect to which the United States
maintains an arms embargo (e.g., Burma,
China, Liberia, and Sudan) or whenever
an export would not otherwise be in
furtherance of world peace and the
security and foreign policy of the United
States. Information regarding certain
other embargoes appears elsewhere in
this section. Comprehensive arms
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
embargoes are normally the subject of a
State Department notice published in
the Federal Register. The exemptions
provided in the regulations in this
subchapter, except § 123.17 of this
subchapter, do not apply with respect to
articles originating in or for export to
any proscribed countries, areas, or
persons in this § 126.1.
*
*
*
*
*
Dated: September 25, 2008.
John C. Rood,
Acting Under Secretary for Arms Control and
International Security, Department of State.
[FR Doc. E8–23575 Filed 10–3–08; 8:45 am]
BILLING CODE 4710–25–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 50
[EPA–HQ–OAR–2005–0159; FRL–8725–5]
RIN 2060–AP28
The Treatment of Data Influenced by
Exceptional Events (Exceptional Event
Rule): Revised Exceptional Event Data
Flagging Submittal and Documentation
Schedule To Support Initial Area
Designations for the 2008 Ozone
NAAQS
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to amend the Exceptional Events
Rule to provide a revised exceptional
event data flagging and documentation
schedule for ozone data that may be
used for designations under the 2008
ozone national ambient air quality
standards (NAAQS). The Exceptional
Events Rule states that when EPA sets
a NAAQS for a new pollutant or revises
the NAAQS for an existing pollutant,
EPA may revise or set a new schedule
for flagging data for those NAAQS. EPA
recently revised the primary and
secondary ozone NAAQS to protect
public health and welfare; the revised
standards became effective on May 27,
2008. Consistent with the process
envisioned in the Exceptional Events
Rule, this direct final action revises the
dates for flagging data and submitting
documentation regarding exceptional
events under the revised ozone NAAQS.
This revised schedule allows EPA to
fully consider state requests for
exceptional event concurrence prior to
EPA making final designations.
DATES: The direct final rule is effective
on December 22, 2008 without further
notice, unless EPA receives adverse
E:\FR\FM\06OCR1.SGM
06OCR1
]]>Agencies
[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Rules and Regulations]
[Pages 58041-58042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23575]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice: 6384]
Amendment to the International Arms Traffic in Arms Regulations:
Eritrea
AGENCY: Department of State.
ACTION: Final Rule.
-----------------------------------------------------------------------
[[Page 58042]]
SUMMARY: The Department of State is adding Eritrea to its regulations
on prohibited exports and sales to certain countries as a result of its
designation as a country not cooperating fully with antiterrorism
efforts.
DATES: This rule is effective October 3, 2008.
FOR FURTHER INFORMATION CONTACT: Nicholas Memos, Office of Defense
Trade Controls Policy, Department of State, Telephone (202) 663-2804 or
Fax (202) 261-8199; E-mail DTCResponseTeam@state.gov.
SUPPLEMENTARY INFORMATION: On May 14, the Deputy Secretary of State
determined that six countries, Cuba, Eritrea, Iran, North Korea, Syria
and Venezuela, are not cooperating fully with anti-terrorism efforts
(73 FR 29172). As a result of this determination, Section 40A of the
Arms Export Control Act, as amended (22 U.S.C. 2781), prohibits the
sale or licensing for export of defense articles and defense services
to those countries effective October 1. This rule adds Eritrea to the
list of countries identified in 22 CFR 126.1(a).
Regulatory Analysis and Notices
Administrative Procedure Act
This amendment involves a foreign affairs function of the United
States and, therefore, is not subject to the procedures contained in 5
U.S.C. 553 and 554.
Regulatory Flexibility Act
Since this amendment is not subject to the procedures in 5 U.S.C.
553, it does not require analysis under the Regulatory Flexibility Act.
Unfunded Mandates Act of 1995
This amendment does not involve a mandate that will result in the
expenditure by state, local, and tribal governments, in the aggregate,
or by the private sector, of $100 million or more in any year and it
will not significantly or uniquely affect small governments. Therefore,
no actions were deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This amendment has been found not to be a major rule within the
meaning of the Small Business Regulatory Enforcement Fairness Act of
1996.
Executive Orders 12372 and 13132
This amendment will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this amendment does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement. The
regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this amendment.
Executive Order 12866
This amendment is exempt from review under Executive Order 12866,
but has been reviewed internally by the Department of State to ensure
consistency with the purposes thereof.
Paperwork Reduction Act
This rule does not impose any new reporting or recordkeeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35.
List of Subjects in 22 CFR Part 126
Arms and munitions, Exports.
0
Accordingly, for the reasons set forth above, Title 22, Chapter I,
Subchapter M, Part 126 is amended as follows:
PART 126--GENERAL POLICIES AND PROVISIONS
0
1. The authority citation for Part 126 continues to read as follows:
Authority: Secs. 2, 38, 40, 42 and 71, Pub. L. 90-629, 90 Stat.
744 (22 U.S.C. 2752, 2778, 2780, 2791 and 2797); E.O. 11958, 42 FR
4311; 3 CFR, 1977 Comp., p.79; 22 U.S.C. 2651a; 22 U.S.C. 287c; E.O.
12918, 59 FR 28205; 3 CFR, 1994 Comp., p.899; Sec. 1225, Pub. L.
108-375.
0
2. Section 126.1 is amended by revising paragraph (a) as follows:
Sec. 126.1 Prohibited exports and sales to certain countries.
(a) General. It is the policy of the United States to deny licenses
and other approvals for exports and imports of defense articles and
defense services, destined for or originating in certain countries.
This policy applies to Belarus, Cuba, Eritrea, Iran, North Korea,
Syria, and Venezuela. This policy also applies to countries with
respect to which the United States maintains an arms embargo (e.g.,
Burma, China, Liberia, and Sudan) or whenever an export would not
otherwise be in furtherance of world peace and the security and foreign
policy of the United States. Information regarding certain other
embargoes appears elsewhere in this section. Comprehensive arms
embargoes are normally the subject of a State Department notice
published in the Federal Register. The exemptions provided in the
regulations in this subchapter, except Sec. 123.17 of this subchapter,
do not apply with respect to articles originating in or for export to
any proscribed countries, areas, or persons in this Sec. 126.1.
* * * * *
Dated: September 25, 2008.
John C. Rood,
Acting Under Secretary for Arms Control and International Security,
Department of State.
[FR Doc. E8-23575 Filed 10-3-08; 8:45 am]
BILLING CODE 4710-25-P
