[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Rules and Regulations]
[Pages 58396-58398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24229]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 743, 748, 772, and 774
[Docket No. 100325169-0629-01]
RIN 0694-AE90
Editorial Correction to the Export Administration Regulations
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule corrects reference and typographical errors in
the Export Administration Regulations (EAR). The corrections are
editorial in nature and do not affect license requirements. In addition
to the editorial corrections, this rule adds new definitions to the EAR
that were inadvertently not incorporated by a previous rule.
DATES: Effective on September 21, 2011.
FOR FURTHER INFORMATION CONTACT: Sharron Cook, Office of Exporter
Services, Bureau of Industry and Security, by telephone (202) 482-4890
or e-mail: [email protected].
SUPPLEMENTARY INFORMATION: This final rule updates five parts of the
EAR and two categories of the Commerce Control List (CCL). Three parts
of the EAR are updated to correct internal references and subsection
designations, and the supplement to another part is updated to provide
a complete and more accurate description of controls and the related
items on the CCL. In addition, this rule adds definitions to another
part of the EAR to harmonize it with the Wassenaar Arrangement on
Export Controls for Conventional Arms and Dual-Use Goods and
Technologies.
Part 743
This document revises a paragraph designation in the final rule
that was published by BIS on May 22, 2009 (74 FR 23941, 23947). More
specifically, the last paragraph of Section 743.3 was designated
inconsistent with the section's alphabetical order. To use the
appropriate alphabetical designation, this document redesignates the
last paragraph (d) in Section 743.3 as (f). This change ensures that
all relevant paragraphs in Section 743.3 are properly and consistently
designated.
Part 748
This document revises the designation of a subparagraph in the
final rule that was published by BIS on March 25, 1996 (61 FR 12812,
12829). The March 25, 1996 rule redesignated some paragraphs in
Supplement No. 5 to part 748, but failed to redesignate the paragraph
following (a)(6)(vi)(B)(2), which is designated (iii), as
(a)(6)(vi)(C). This rule provides the correct designation, thereby
ensuring that all relevant paragraphs in Supplement No. 5 to Part 748
are properly designated.
Part 772
This final rule adds two definitions to part 772 of the EAR to
harmonize with definitions found in the list of terms that accompanies
the Wassenaar Arrangement list of dual-use items and to ensure
consistency within the EAR where these definitions are used. More
specifically, the two definitions, ``Communications Channel
Controller'' and ``Network Access Controller'' are added to Category 4
of the CCL. The addition of the terms to part 772 will ensure
consistency.
Supplement No. 1 to Part 774
This rule revises entries on the CCL to provide a complete and more
accurate description of controls in certain Export Control
Classification Numbers (ECCNs). Specific amendments applying to ECCNs
3A001 and Notes of Category 5 part 2 of the CCL are described below.
Category 3 Electronics
ECCN 3A001.g is amended by adding a Technical Note that was removed
on October 14, 2009.
Category 5, Part 2 Information Security
The introductory section of this Category is amended by adding
``Technical Note: Parity bits are not included in the key length,''
because this Note was inadvertently removed from its previous place
within ECCN 5A002. However, to remain consistent with the Wassenaar
Arrangement and because this note regarding parity bits applies to all
Category 5, part 2 ECCNs, BIS is including the additional language
[[Page 58397]]
at the end of the Notes that appear before the beginning of 5A002.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``not significant
regulatory action,'' under section 3(f) 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 Paperwork Reduction Act, unless that collection of
information displays a currently valid Office of Management and Budget
Control Number. This rule does not affect any paperwork collection.
This rule does not contain policies with Federalism implications as
that term is defined under E.O. 13132.
3. The Department finds that there is good cause under 5 U.S.C.
553(b)(3)(B) to waive the provisions of the Administrative Procedure
Act requiring prior notice and the opportunity for public comment
because they are unnecessary. The revisions made by this rule are
administrative in nature and do not affect the rights and obligations
of the public. Because these revisions are not substantive changes to
the EAR, it is unnecessary to provide notice and opportunity for public
comment. In addition, the 30-day delay in effectiveness required by 5
U.S.C. 553(d) is not applicable because this rule is not a substantive
rule. No other law requires that a notice of proposed rulemaking and
opportunity for public comment be given for this rule. The analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.)
are not applicable.
List of Subjects
CFR Part 743
Administrative practice and procedure, Reporting and recordkeeping
requirements.
CFR Part 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
CFR Part 772
Exports.
CFR Part 774
Exports, Reporting and recordkeeping requirements.
Accordingly, parts 743, 748, 772 and 774 of the EAR (15 CFR parts
730-774) are amended as follows:
PART 743--[AMENDED]
0
3. The authority citation for part 743 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
12, 2011, 76 FR 50661 (August 16, 2011).
0
4. Section 743.3 is amended by redesignating paragraph (d) following
paragraph (e) as paragraph (f).
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 12, 2011, 76
FR 50661 (August 16, 2011).
Supplement No. 5 to Part 748--[Amended]
0
6. Supplement No. 5 to part 748 is amended by redesignating paragraph
(iii) that follows paragraph (a)(6)(vi)(B)(2) as paragraph
(a)(6)(vi)(C).
Part 772--[AMENDED]
0
7. The authority citation for part 772 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
12, 2011, 76 FR 50661 (August 16, 2011).
0
8. Section 772.1 is amended by adding the definitions ``Communications
Channel Controller'' and ``Network Access Controller'' in alphabetical
order to read as follows:
Sec. 772.1 Definitions of terms as used in the Export Administration
Regulations (EAR).
* * * * *
Communications Channel Controller. (Cat 4)--The physical interface
which controls the flow of synchronous or asynchronous digital
information. It is an assembly that can be integrated into computer or
telecommunications equipment to provide communications access.
* * * * *
Network Access Controller. (Cat 4)--A physical interface to a
distributed switching network. It uses a common medium which operates
throughout at the same ``digital transfer rate'' using arbitration
(e.g., token or carrier sense) for transmission. Independently from any
other, it selects data packets or data groups (e.g., IEEE 802)
addressed to it. It is an assembly that can be integrated into computer
or telecommunications equipment to provide communications access.
* * * * *
Part 774--[AMENDED]
0
9. The authority citation for part 774 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 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; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; 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 12, 2011, 76 FR 50661 (August 16, 2011).
0
10. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3 Electronics, ECCN 3A001 is amended by adding a technical
note after the Note 2 of paragraph g.2.b in the Items paragraph of the
List of Items Controlled section to read as follows:
Supplement No. 1 to Part 774--Commerce Control List
* * * * *
3A001 Electronic components and specially designed components therefor,
as follows (see List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
g. * * *
g.2. * * *
g.2.b. * * *
Technical Note: For the purposes of 3A001.g, a ``thyristor
module'' contains one or more thyristor devices.
* * * * *
0
11. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 5, Telecommunications and ``Information Security,'' Part II
Information Security, is amended by adding a Technical Note to the end
of the notes appearing at the beginning of the Category, to read as
follows:
Category 5--Telecommunications and ``Information Security''
Part II. ``Information Security''
* * * * *
[[Page 58398]]
Technical Note: Parity bits are not included in the key length.
* * * * *
Dated: September 15, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-24229 Filed 9-20-11; 8:45 am]
BILLING CODE 3510-33-P