Export Administration Regulations (EAR): Transfer of Access Information and Release of Software (Source Code and Object Code), 63840-63841 [2023-20128]

Download as PDF 63840 Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Rules and Regulations cause exists for making these SIAPs effective in less than 30 days. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore—(1) is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. For the same reason, the FAA certifies that this amendment will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. AIRAC date State Air traffic control, Airports, Incorporation by reference, Navigation (air). Issued in Washington, DC, on September 1, 2023. Thomas J. Nichols, Aviation Safety, Flight Standards Service, Manager, Standards Section, Flight Procedures & Airspace Group, Flight Technologies & Procedures Division. Adoption of the Amendment Accordingly, pursuant to the authority delegated to me, 14 CFR part 97 is amended by amending Standard Instrument Approach Procedures and Takeoff Minimums and ODPs, effective at 0901 UTC on the dates specified, as follows: City Airport name FDC No. PART 97—STANDARD INSTRUMENT APPROACH PROCEDURES 1. The authority citation for part 97 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, 44721–44722. 2. Part 97 is amended to read as follows: By amending: § 97.23 VOR, VOR/ DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV; § 97.31 RADAR SIAPs; § 97.33 RNAV SIAPs; and § 97.35 COPTER SIAPs, Identified as follows: ■ * * * Effective Upon Publication FDC date Procedure name 5–Oct–23 ...... PA Reading .................. Reading Rgnl/Carl A Spaatz Fld. 3/2093 8/10/23 5–Oct–23 ...... 5–Oct–23 ...... 5–Oct–23 ...... AK AK HI Toksook Bay ........... Kobuk ...................... Kahului .................... Toksook Bay ........................... Kobuk ...................................... Kahului .................................... 3/0840 3/0901 3/1978 8/17/23 8/17/23 8/17/23 5–Oct–23 5–Oct–23 5–Oct–23 5–Oct–23 ...... ...... ...... ...... AK AK TX TX Cordova .................. Cordova .................. Cisco ....................... Cisco ....................... Merle K (Mudhole) Smith ........ Merle K (Mudhole) Smith ........ Gregory M Simmons Memorial Gregory M Simmons Memorial 3/4108 3/4118 3/5997 3/5998 8/17/23 8/17/23 8/18/23 8/19/23 5–Oct–23 ...... 5–Oct–23 ...... OH NC Delaware ................. Roxboro .................. 3/7356 3/7532 8/18/23 8/18/23 5–Oct–23 ...... 5–Oct–23 ...... CA CA Petaluma ................. Petaluma ................. Delaware Muni/Jim Moore Fld Raleigh Rgnl At Person County. Petaluma Muni ........................ Petaluma Muni ........................ This NOTAM, published in Docket No. 31504, Amdt No. 4076, TL 23–21, (88 FR 58496, August 28, 2023) is hereby rescinded in its entirety. RNAV (GPS) RWY 34, Amdt 3B. RNAV (GPS) RWY 9, Orig–B. VOR Z OR TACAN RWY 20, Amdt 1. RNAV (GPS) RWY 27, Amdt 2B. RNAV (GPS)–B, Amdt 2A. RNAV (GPS) RWY 36, Amdt 1. RNAV (GPS) Y RWY 18, Amdt 1. RNAV (GPS) RWY 10, Amdt 1A. ILS OR LOC RWY 6, Amdt 2. 3/9654 3/9655 8/17/23 8/17/23 VOR RWY 29, Orig–D. RNAV (GPS) RWY 29, Orig–C. [FR Doc. 2023–20027 Filed 9–15–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 734 [Docket No. 230907–0214] RIN 0694–AJ37 Export Administration Regulations (EAR): Transfer of Access Information and Release of Software (Source Code and Object Code) Bureau of Industry and Security, Department of Commerce. ACTION: Final rule; technical correction. AGENCY: lotter on DSK11XQN23PROD with RULES1 List of Subjects in 14 CFR Part 97 In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to make a technical correction SUMMARY: VerDate Sep<11>2014 16:38 Sep 15, 2023 Jkt 259001 that also serves to clarify provisions of the EAR pertaining to the release of ‘‘software’’ as set out in the sections on release and transfer of access information. This final rule clarifies an ambiguity in the EAR by adding a crossreference addressing transfer of access information in the section on releases of ‘‘technology’’ and ‘‘software,’’ as was originally intended. In addition, this final rule adds a clarifying note that, for purposes of transfer of access information, a release of ‘‘software’’ includes both source code and object code. This rule is effective September 18, 2023. DATES: For questions on these technical corrections, contact Eileen Albanese, Director, Office of National Security and Technology Transfer Controls, Bureau of Industry and Security, Department of Commerce, FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Phone: (202) 482–0092, Email: rpd2@ bis.doc.gov. SUPPLEMENTARY INFORMATION: Background In this final rule, BIS amends the EAR to make a technical correction that also serves to clarify provisions of the EAR that pertain to the release of ‘‘software.’’ On June 3, 2016, BIS published the final rule, Revisions to Definitions in the Export Administration Regulations (81 FR 35568) (June 3 rule). The June 3 rule added provisions to address releases of ‘‘technology’’ and ‘‘software’’ under § 734.15 and transfer of access information under § 734.19. In § 734.15, this final rule clarifies an ambiguity by adding a cross reference to § 734.19. In § 734.19, this final rule adds a new note to the section clarifying that for purposes of transfer of access information, a release of ‘‘software’’ includes source code and object code. E:\FR\FM\18SER1.SGM 18SER1 Federal Register / Vol. 88, No. 179 / Monday, September 18, 2023 / Rules and Regulations The definition of the term ‘‘software’’ in § 772.1 includes both source code and object code, and ‘‘software’’ is used as a defined term in § 734.19. Accordingly, the note added in this rule will eliminate potential uncertainty that the § 734.15 definition of ‘‘release’’ limits § 734.19 to only controlling transfers of access information that release source code, rather than both source code and object code. lotter on DSK11XQN23PROD with RULES1 Export Control Reform Act of 2018 On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801–4852). ECRA provides the legal basis for BIS’s principal authorities and serves as the authority under which BIS issues this rule. Rulemaking Requirements 1. This 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 or 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 regulation involves an information collection approved by OMB under control number 0694–0088, Simplified Network Application Processing System. BIS does not anticipate a change to the burden hours associated with this collection as a result of this rule. Information regarding the collection, including all supporting materials, can be accessed at https://www.reginfo.gov/ public/do/PRAMain. 3. This rule does not contain policies with federalism implications as that term is defined in Executive Order 13132. 4. Pursuant to section 1762 of the Export Control Reform Act of 2018, this action is exempt from the Administrative Procedure Act (5 U.S.C. 553) requirements for notice of proposed rulemaking, opportunity for public participation, and delay in effective date. 5. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., are VerDate Sep<11>2014 16:38 Sep 15, 2023 Jkt 259001 not applicable. Accordingly, no regulatory flexibility analysis is required, and none has been prepared. List of Subjects 15 CFR Part 734 Administrative practice and procedure, Exports, Inventions and patents, Research, Science and technology. Accordingly, 15 CFR part 734 is corrected by making the following correcting amendments: PART 734—SCOPE OF THE EXPORT ADMINISTRATION REGULATIONS 1. The authority citation for part 734 continues to read as follows: ■ Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 223; Notice of November 8, 2022, 87 FR 68015 (November 10, 2022). 2. Section 734.15 is amended by revising paragraph (a) introductory text to read as follows: ■ § 734.15 Release. (a) Except as set forth in §§ 734.18 and 734.19, ‘‘technology’’ and ‘‘software’’ are ‘‘released’’ through: * * * * * ■ 3. Section 734.19 is amended by adding a note at the end of the section to read as follows: § 734.19 Transfer of access information. * * * * * Note 1 to § 734.19: For purposes of this section, a release of ‘‘software’’ includes source code and object code. Thea D. Rozman Kendler, Assistant Secretary for Export Administration. [FR Doc. 2023–20128 Filed 9–15–23; 8:45 am] BILLING CODE 3510–33–P Coast Guard 33 CFR Part 165 [Docket Number USCG–2023–0770] RIN 1625–AA87 Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX Coast Guard, Department of Homeland Security (DHS). ACTION: Temporary final rule. AGENCY: Frm 00009 Fmt 4700 The Coast Guard is establishing one temporary, 500-yard radius, moving security zone for certain vessel carrying Certain Dangerous Cargoes (CDC) within the Corpus Christi Ship Channel and the La Quinta Channel. The temporary security zone is needed to protect the vessels, the CDC cargo, and the surrounding waterway from terrorist acts, sabotage, or other subversive acts, accidents, or other events of a similar nature. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Corpus Christi or a designated representative. SUMMARY: This rule is effective without actual notice from September 15, 2023, until September 18, 2023. For the purposes of enforcement, actual notice will be used from September 12, 2023, until September 15, 2023. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2023– 0770 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ DATES: If you have questions about this rule, call or email Lieutenant Commander Anthony Garofalo, Sector Corpus Christi Waterways Management Division, U.S. Coast Guard; telephone 361–939–5130, email Anthony.M.Garofalo@uscg.mil. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Corpus Christi DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History DEPARTMENT OF HOMELAND SECURITY PO 00000 63841 Sfmt 4700 The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is E:\FR\FM\18SER1.SGM 18SER1

Agencies

[Federal Register Volume 88, Number 179 (Monday, September 18, 2023)]
[Rules and Regulations]
[Pages 63840-63841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20128]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 734

[Docket No. 230907-0214]
RIN 0694-AJ37


Export Administration Regulations (EAR): Transfer of Access 
Information and Release of Software (Source Code and Object Code)

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Final rule; technical correction.

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

SUMMARY: In this final rule, the Bureau of Industry and Security (BIS) 
amends the Export Administration Regulations (EAR) to make a technical 
correction that also serves to clarify provisions of the EAR pertaining 
to the release of ``software'' as set out in the sections on release 
and transfer of access information. This final rule clarifies an 
ambiguity in the EAR by adding a cross-reference addressing transfer of 
access information in the section on releases of ``technology'' and 
``software,'' as was originally intended. In addition, this final rule 
adds a clarifying note that, for purposes of transfer of access 
information, a release of ``software'' includes both source code and 
object code.

DATES: This rule is effective September 18, 2023.

FOR FURTHER INFORMATION CONTACT: For questions on these technical 
corrections, contact Eileen Albanese, Director, Office of National 
Security and Technology Transfer Controls, Bureau of Industry and 
Security, Department of Commerce, Phone: (202) 482-0092, Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    In this final rule, BIS amends the EAR to make a technical 
correction that also serves to clarify provisions of the EAR that 
pertain to the release of ``software.'' On June 3, 2016, BIS published 
the final rule, Revisions to Definitions in the Export Administration 
Regulations (81 FR 35568) (June 3 rule). The June 3 rule added 
provisions to address releases of ``technology'' and ``software'' under 
Sec.  734.15 and transfer of access information under Sec.  734.19. In 
Sec.  734.15, this final rule clarifies an ambiguity by adding a cross 
reference to Sec.  734.19. In Sec.  734.19, this final rule adds a new 
note to the section clarifying that for purposes of transfer of access 
information, a release of ``software'' includes source code and object 
code.

[[Page 63841]]

    The definition of the term ``software'' in Sec.  772.1 includes 
both source code and object code, and ``software'' is used as a defined 
term in Sec.  734.19. Accordingly, the note added in this rule will 
eliminate potential uncertainty that the Sec.  734.15 definition of 
``release'' limits Sec.  734.19 to only controlling transfers of access 
information that release source code, rather than both source code and 
object code.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019, which 
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852). ECRA provides the legal basis for BIS's principal authorities 
and serves as the authority under which BIS issues this rule.

Rulemaking Requirements

    1. This 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 or 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 regulation involves an 
information collection approved by OMB under control number 0694-0088, 
Simplified Network Application Processing System. BIS does not 
anticipate a change to the burden hours associated with this collection 
as a result of this rule. Information regarding the collection, 
including all supporting materials, can be accessed at https://www.reginfo.gov/public/do/PRAMain.
    3. This rule does not contain policies with federalism implications 
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of the Export Control Reform Act of 
2018, this action is exempt from the Administrative Procedure Act (5 
U.S.C. 553) requirements for notice of proposed rulemaking, opportunity 
for public participation, and delay in effective date.
    5. Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule by 5 U.S.C. 
553, or by any other law, the analytical requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable. 
Accordingly, no regulatory flexibility analysis is required, and none 
has been prepared.

List of Subjects 15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and 
patents, Research, Science and technology.

    Accordingly, 15 CFR part 734 is corrected by making the following 
correcting amendments:

PART 734--SCOPE OF THE EXPORT ADMINISTRATION REGULATIONS

0
1. The authority citation for part 734 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 
CFR, 2001 Comp., p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp., 
p. 223; Notice of November 8, 2022, 87 FR 68015 (November 10, 2022).


0
2. Section 734.15 is amended by revising paragraph (a) introductory 
text to read as follows:


Sec.  734.15  Release.

    (a) Except as set forth in Sec. Sec.  734.18 and 734.19, 
``technology'' and ``software'' are ``released'' through:
* * * * *

0
3. Section 734.19 is amended by adding a note at the end of the section 
to read as follows:


Sec.  734.19  Transfer of access information.

* * * * *
    Note 1 to Sec.  734.19: For purposes of this section, a release of 
``software'' includes source code and object code.

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2023-20128 Filed 9-15-23; 8:45 am]
BILLING CODE 3510-33-P

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