
[Federal Register: December 15, 2008 (Volume 73, Number 241)]
[Rules and Regulations]               
[Page 75942-75946]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15de08-9]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 730, 734, 736, 740, 742, 743, 745, 747, 754, 758, 764, 
766, 768, 772, and 774

[Docket No. 0811171457-81460-01]
RIN 0694-AE49

 
Export Administration Regulations: Authority Citations Updates 
and Technical Corrections

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: This rule revises the authority citation paragraphs for 14 
parts of the Export Administration Regulations to include citations to 
the most recent presidential notices that extend authority for those 
parts or to remove an outdated citation or both. This rule also updates 
addresses, telephone numbers, procedures and a definition, removes some 
potentially confusing language, makes a necessary conforming change to 
one Export Control Classification Number (ECCN) and restores some 
language that was dropped during a Code of Federal Regulations 
compilation. BIS is making these changes to clarify the regulations and 
to provide accurate authority citations for the Code of Federal 
Regulations edition that is to be compiled as of January 1, 2009.

DATES: This rule is effective December 15, 2008.

FOR FURTHER INFORMATION CONTACT: William H. Arvin, Regulatory Policy 
Division, e-mail warvin@bis.doc.gov, telephone 202-482-2440.

SUPPLEMENTARY INFORMATION:

Background

    This rule updates authority citation paragraphs and makes technical 
clarifications and revisions to the Export Administration Regulations 
as more fully described below.

Authority Citation Updates

    Since 2001, the authority citations for all parts of the Export 
Administration Regulations except part 745 have changed annually as 
successive presidential notices have extended the emergency declared in 
Executive Order 13222 of August 17, 2001 (which continued the Export 
Administration Act (EAA) and the EAR in force upon expiration of the 
EAA). Most recently the notice of July 23, 2008 (73 FR 43603, July 25, 
2008) extended this emergency until August 17, 2009. In addition, the 
authority citations for parts 730, 734, 736, 742, 744 and 745 of the 
EAR have changed annually as successive presidential notices have 
extended the emergency declared in Executive Order 12938--Proliferation 
of Weapons of Mass Destruction. Most recently the notice of November 
10, 2008 (73 FR 67097, November 12, 2008) extended this emergency until 
November 14, 2009. This rule updates the authority citations paragraphs 
for parts 730, 734, 736, 742, 743, 745, 747, 754, 758, 764, 766, and 
768 of the EAR to reflect the most recent applicable authority 
citations because authority citation paragraphs for those parts have 
not been updated by other EAR amendments. This rule also revises the 
authority citation paragraph for parts 740, 754 and 772 to remove one 
outdated citation. These revisions are needed so that the annual 
compilation of Title 15 of the Code of Federal Regulations as of 
January 1, 2009 will reflect current authority citations for all EAR 
parts.

Updated Address and Telephone Information

    This rule updates the BIS office address and telephone number 
information in Sec.  730.8(c).

[[Page 75943]]

Updated Display of Approved Information Collections

    Supplement No. 1 to part 730 of the EAR contains a table displaying 
the control numbers, the titles and the references in the EAR of 
information collections contained in the EAR that have been approved by 
the Office of Management and Budget (OMB). This rule revises the title 
of the information collection identified by control number 0607-0152 to 
read ``Automated Export System (AES) Program'' to reflect the name 
change for that collection that OMB approved on November 5, 2008.

Updated Address and Procedure for Requests To Appoint a Technical 
Advisory Committee

    Supplement No. 2 to part 730 sets forth certain provisions 
regarding BIS's technical advisory committees. This rule adds the title 
``Assistant Secretary for Export Administration'' to the address to 
which requests to appoint a new technical advisory committee should be 
sent and removes the statement that such requests be sent via courier. 
These changes reflect BIS's actual practice regarding requests to 
appoint technical advisory committees.

Removal of Potentially Confusing Language Regarding De Minimis Content 
of Foreign Made Items

    The Export Administration Regulations do not apply to most items 
that were produced and are located outside the United States and that 
contain no more than the ``de minimis'' level of U.S. origin content as 
set forth in Sec.  734.4. As noted in Sec.  732.2(d), this de minimis 
exclusion applies only to items that are not located in the United 
States. This rule removes Sec.  734.3(b)(4), which could have been read 
as applying the de minimis exclusion to items in the United States. 
Section 734.3(b)(4) is also redundant to Sec.  734.3(a)(3)(ii), 
indicating that the Regulations do apply to items that contain U.S. 
origin commodities, software or technology in quantities exceeding the 
de minimis levels.

Clarification of Procedure for Requests To Take an Action That Would 
Otherwise Be Prohibited by a Denial Order

    Section 764.3(a)(2), among other things, describes the procedure 
for requesting authorization to take an action that would otherwise be 
prohibited by an order denying export privileges. Requests for such 
authorizations must be submitted to the Office of Exporter Services. 
This rule adds the main mailing address for that office and replaces 
the word ``application'' with the phrase ``written request'' to 
emphasize the distinction between such requests and license 
applications.

Updated Definition of Export Administration Review Board

    Section 772.1 contains definitions of terms that are used in the 
EAR. Prior to publication of this rule, one such definition ``Export 
Administration Review Board,'' described that board in terms of its 
duties and members. However, the duties and membership of that board 
can change from time-to-time. This rule revises the definition to 
identify the Export Administration Review Board unambiguously in terms 
of the Executive Order that created it and the Executive Order that 
gives it a role in export licensing decisions. BIS has no power to 
alter the membership of this board as set by Executive Order.

Technical and Conforming Change to ECCN 1C202

    On January 15, 1998, the heading of Export Control Classification 
Number 1C202 was revised to read in pertinent part ``Alloys other than 
those controlled by 1C002.a.2.c or [1C002.a.2].d * * *.'' (63 FR 2475, 
January 15, 1998). Subsequently, ECCN 1C002 was revised to move the 
items controlled under paragraphs .a.2.c and .a.2.d to paragraphs .b.3 
and .b.4, respectively (67 FR 462, January 3, 2002). However, the 
language in the heading of ECCN 1C202 (referencing the now revised ECCN 
1C002) was not changed. This rule revises the pertinent language in the 
heading of ECCN 1C202 to read ``Alloys other than those controlled by 
1C002.b.3 or 1C002.b.4 * * *.'' thereby reflecting the intent of 
exclusionary language in the heading of ECCN 1C202 as originally 
adopted.

Correcting Header Language in Category 5, Part II of the Commerce 
Control List

    The Commerce Control List contains headers at points in the text 
that identify the ten categories into which the CCL is divided and the 
five product groups that can appear within each category. Prior to 
publication of this rule, certain headers in Category 5, Part II did 
not follow the pattern for such headers that is used in the rest of the 
CCL. This rule makes editorial changes to conform to that pattern. 
Specifically, this rule: Adds the letter ``A'' to the header that 
identifies product group A--Systems, Equipment and Components; removes 
a misplaced (and duplicative) header for Category 5, Part 2; adds a 
previously omitted header for Category 5, Part II, Product Group B--
Test, Inspection and Production Equipment; and adds the letter ``E'' to 
the header that identifies product group E--Technology.

Restoring an ECCN Removed in Code of Federal Regulations Compilation

    Export Control Classification Number (ECCN) 5B991 was created in 
1998 (63 FR 2521, January 15, 1998). In 1999, BIS published two rules 
that revised Category 5 on the Commerce Control List.
    The first such rule revised ECCNs 5A991, 5D001 and 5E001 but made 
no changes to 5B991 (64 FR 10861, March 5, 1999). The second such rule 
revised ECCNs 5A001, 5A991, 5B001, 5C001, and 5C991 but made no changes 
to ECCN 5B991 (64 FR 40106, July 23, 1999). BIS issued no other Federal 
Register notice changing Category 5, Part I of the Commerce Control 
List during calendar year 1999. Nevertheless, ECCN 5B991, which had 
been in the January 1, 1999 CFR compilation was not in the January 1, 
2000 compilation (Compare 15 CFR Part 774, Supp. No. 1 (1999) to 15 CFR 
Part 774 (Supp. No. 1 (2000)). This rule restores ECCN 5B991, which 
appears to have been inadvertently omitted from the January 1, 2000 CFR 
compilation and has not appeared in the CFR since. This rule also 
replaces the phrase LVS: ``$1,000 for Syria; N/A to Iran'' in the 
License Exception of ECCN 5B991 with ``LVS: N/A'' because any 
authorization to use License Exception LVS for shipments to Syria is 
precluded by BIS's General Order No. 2 of May 14, 2004 (15 CFR Part 
736, Supp. No. 1) and the reference to Iran is merely a specific 
instance of the general principle set forth in Sec.  740.3(a) of the 
EAR that License Exception LVS may be used only when identified by a 
stated value limit in the applicable ECCN. With the removal the value 
limit for Syria, there is no longer any stated value limit in ECCN 
5B991 that would apply to any destination. Therefore, continued 
reference to Iran would be superfluous.

Rulemaking Requirements

    1. This rule is not a significant rule 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, unless that collection of 
information displays a currently valid Office of Management and Budget 
Control Number. This rule involves a collection of information that has 
been approved by the OMB under control number 0694-0088, which carries 
a burden hour estimate of 58 minutes to

[[Page 75944]]

prepare and submit form BIS-748. Miscellaneous and recordkeeping 
activities account for 12 minutes per submission. BIS believes that 
this rule will make no change to the number of submissions or to the 
burden imposed by this collection.
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 13132.
    4. For all provisions of this rule other than the revision it makes 
to ECCN 1C202, BIS 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 given that these revisions are not 
substantive changes to the EAR. These revisions are administrative in 
nature and do not affect the rights and obligations of the public. 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. With 
respect to the revision that this rule makes to ECCN 1C202, the 
provisions of the Administrative Procedure Act requiring notice of 
proposed rulemaking, the opportunity for public participation, and a 
delay in effective date, are inapplicable because this regulation 
involves a military or foreign affairs function of the United States 
under 5 U.S.C. 553(a)(1). No other law requires that notice of proposed 
rulemaking and an opportunity for public comment be given for this 
rule; therefore, the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable.

List of Subjects

15 CFR Part 730

    Administrative practice and procedure, Advisory committees, 
Exports, Reporting and recordkeeping requirements, Strategic and 
critical materials.

15 CFR Part 734

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

15 CFR Parts 736, 770 and 772

    Exports.

15 CFR Parts 740, 747, and 758

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 743

    Administrative practice and procedure, Reporting and recordkeeping 
requirements.

15 CFR Part 745

    Administrative practice and procedure, Chemicals, Exports, Foreign 
trade, Reporting and recordkeeping requirements.

15 CFR Part 754

    Agricultural commodities, Exports, Forests and forest products, 
Horses, Petroleum, Reporting and recordkeeping requirements.

15 CFR Part 764

    Administrative practice and procedure, Exports, Law enforcement, 
Penalties.

15 CFR Part 766

    Administrative practice and procedure, Confidential business 
information, Exports, Law enforcement, Penalties.

15 CFR Part 768

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements, Science and technology.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

0
Accordingly, the Export Administration Regulations (15 CFR parts 730-
774) are amended as follows.

PART 730--[AMENDED]

0
1. The authority citation for part 730 is revised 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. 2151 
note; 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; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; 
E.O. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 12002, 42 
FR 35623, 3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 FR 20947, 3 CFR, 
1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp., p. 
256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12854, 
58 FR 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3 
CFR, 1994 Comp., p. 899; 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. 
12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; 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. 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; E.O. 13338, 69 FR 26751, May 
13, 2004; Notice of July 23, 2008, 73 FR 43603 (July 25, 2008); 
Notice of November 10, 2008, 73 FR 67097 (November 12, 2008).


0
2. In Sec.  730.8(c), revise the second sentence to read as follows:


Sec.  730.8  How to proceed and where to get help.

* * * * *
    (c) * * * General information including assistance in understanding 
the EAR, information on how to obtain forms, electronic services, 
publications, and information on training programs offered by BIS, is 
available from the Office of Export Services at the following 
locations: Outreach and Educational Services Division, U.S. Department 
of Commerce, 14th and Pennsylvania Avenue, NW., Room H1099D, 
Washington, DC 20230, Tel: (202) 482-4811, Fax: (202) 482-2927, and 
Bureau of Industry and Security, Western Regional Office, U.S. 
Department of Commerce, 3300 Irvine Avenue, Suite 345, Newport Beach, 
CA 92660, Tel: (949) 660-0144, Fax: (949) 660-9347, and Bureau of 
Industry and Security, Western Regional Office, Northern California 
Branch, U.S. Department of Commerce, 160 W. Santa Clara Street, Suite 
725, San Jose, CA 95113, Tel: (408) 998-8806, Fax: (408) 998-8677.

0
3. In part 730, Supplement No. 1, revise the final entry in the table 
to read as follows:

Supplement No. 1 to Part 730--Information Collection Requirements Under 
the Paperwork Reduction Act: OMB Control Numbers

* * * * *

------------------------------------------------------------------------
       Collection No.                 Title         Reference in the EAR
------------------------------------------------------------------------

                              * * * * * * *
0607-0152...................  Automated Export      Sec.  Sec.
                               System (AES)          740.1(d),
                               Program.              740.3(a)(3),
                                                     752.7(b),
                                                     752.15(a),
                                                     754.2(h), 754.4(c),
                                                     758.1, 758.2 and
                                                     758.3 of the EAR.
------------------------------------------------------------------------


[[Page 75945]]


0
4. In Supplement No. 2 to part 730--Technical Advisory Committees 
revise the first sentence of paragraph (b)(1) to read as follows:

Supplement No. 2 to Part 730--Technical Advisory Committees

* * * * *
    (b) * * *
    (1) * * * Each request for the appointment of a TAC shall be 
submitted in writing to: Assistant Secretary for Export 
Administration, 14th Street and Pennsylvania Ave., NW., Room 2705, 
Washington, DC 20230. * * *
* * * * *

PART 734--[AMENDED]

0
5. The Authority citation for part 734 is revised to read as follows:

    Authority: 50 U.S.C. app. 2401 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; Notice of July 23, 2008, 73 FR 43603 (July 25, 2008); Notice of 
November 10, 2008, 73 FR 67097 (November 12, 2008).


Sec.  734.4  [Amended]

0
6. In Sec.  734.4, remove paragraph (b)(4).

PART 736--[AMENDED]

0
7. The authority citation for part 736 is revised to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 2151 note; 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. 13338, 69 FR 26751, May 13, 2004; 
Notice of July 23, 2008, 73 FR 43603 (July 25, 2008); Notice of 
November 10, 2008, 73 FR 67097 (November 12, 2008).

PART 740--[AMENDED]

0
8. The authority citation for part 740 is revised to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 7201 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 July 23, 2008, 73 FR 43603 (July 25, 2008).

PART 742--[AMENDED]

0
9. The authority citation for part 742 is revised 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; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; 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 July 23, 2008, 73 FR 43603 (July 25, 2008); Notice of 
November 10, 2008, 73 FR 67097 (November 12, 2008).

PART 743--[AMENDED]

0
10. The authority citation for part 743 is revised to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; Pub. L. 106-508; 50 
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Notice of July 23, 2008, 73 FR 43603 (July 25, 2008).

PART 745--[AMENDED]

0
11. The authority citation for part 745 is revised to read as follows:

    Authority: 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 
CFR, 1994 Comp., p. 950; Notice of November 10, 2008, 73 FR 67097 
(November 12, 2008).

PART 747--[AMENDED]

0
12. The authority citation for part 747 is revised to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
Sec 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12918, 59 FR 28205, 3 
CFR, 1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 783; 
Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May 
16, 2003; Notice of July 23, 2008, 73 FR 43603 (July 25, 2008).

PART 754--[AMENDED]

0
13. The authority citation for part 754 is revised 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); 30 U.S.C. 185(s), 185(u); 42 
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; E.O. 11912, 41 FR 
15825, 3 CFR, 1976 Comp., p. 114; E.O. 13222, 66 FR 44025, 3 CFR, 
2001 Comp., p. 783; Notice of July 23, 2008, 73 FR 43603 (July 25, 
2008).

PART 758--[AMENDED]

0
14. The authority citation for part 758 is revised 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 July 
23, 2008, 73 FR 43603 (July 25, 2008).

PART 764--[AMENDED]

0
15. The authority citation for part 764 is revised 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 July 
23, 2008, 73 FR 43603 (July 25, 2008).


0
16. In Sec.  764.3, revise the sixth sentence of paragraph (a)(2) and 
add a new sentence following the sixth sentence to read as follows:


Sec.  764.3  Sanctions.

    (a) * * *
    (2) * * * Authorization to engage in actions otherwise prohibited 
by a denial order may be given by the Office of Exporter Services after 
consultation with the Office of Export Enforcement upon a written 
request by a person named in the denial order or by a person seeking 
permission to deal with a named person. Submit such requests to: Bureau 
of Industry and Security, Office of Exporter Services, Room H 2705, 
U.S. Department of Commerce, 14th Street and Pennsylvania Ave., NW., 
Washington, DC 20230.
* * * * *

PART 766--[AMENDED]

0
17. The authority citation for part 766 is revised 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 July 
23, 2008, 73 FR 43603 (July 25, 2008).

PART 768--[AMENDED]

0
18. The authority citation for part 768 is revised 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 July 
23, 2008, 73 FR 43603 (July 25, 2008).

PART 772--[AMENDED]

0
19. The authority citation for part 772 is revised 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 July 
23, 2008, 73 FR 43603 (July 25, 2008).


0
20. In Sec.  772.1, revise the definition of ``Export Administration 
Review Board'' to read as follows:


Sec.  772.1  Definitions of terms as used in the Export Administration 
Regulations.

* * * * *
    Export Administration Review Board--The body authorized by 
Executive Order 12002 as amended by Executive Orders 12755 and 13286. 
The Export Administration Review Board's role in license application 
review is in accordance with Executive Order 12981 as amended by 
Executive Orders 13020, 13026 and 13117.
* * * * *

PART 774--[AMENDED]

0
21. 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.

[[Page 75946]]

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; 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 July 
23, 2008, 73 FR 43603 (July 25, 2008).


0
22. In supplement No. 1 to part 774, Category 1, Export Control 
Classification Number 1C202, revise the heading to read as follows:

1C202 Alloys other than those controlled by 1C002.b.3 or 1C002.b.4 as 
follows (see List of Items Controlled)

* * * * *

0
24. In Supplement No. 1 to part 774, Category 5 ``Telecommunications 
and Information Security'', Part I--``Telecommunications'', immediately 
following the text of Export Control Classification Number 5B001 and 
immediately preceding the header that reads ``C. Materials'' add Export 
Control Classification Number 5B991 to read as follows:

5B991 Telecommunications test equipment, n.e.s.

License Requirements

    Reason for Control: AT

------------------------------------------------------------------------
               Control(s)                          Country chart
------------------------------------------------------------------------
AT applies to entire entry..............  AT Column 1.
------------------------------------------------------------------------

License Exceptions

    LVS: N/A
    GBS: N/A
    CIV: N/A

List of Items Controlled

    Unit: $ value
    Related Controls: N/A
    Related Definitions: N/A
    Items:
    The list of items controlled is contained in the ECCN heading.


0
25. In Supplement No. 1 to part 774, Category 5 ``Telecommunications 
and Information Security'', Part II ``Information Security,'' 
immediately following the end of Note 3, paragraph .d and immediately 
preceding Export Control Classification Number 5A002 revise the header 
that reads ``Systems, Equipment and Components'' to read ``A. Systems, 
Equipment and Components''

0
26. In Supplement No. 1 to part 774, Category 5 ``Telecommunications 
and Information Security'', Part II ``Information Security,'' 
immediately following Export Control Classification Number 5A002 and 
immediately preceding Export Control classification Number 5A992, 
remove the heading that reads ``Part 2--Information Security.''

0
27. In Supplement No. 1 to part 774, Category 5 ``Telecommunications 
and Information Security'', Part II--``Information Security,'' 
immediately following Export Control Classification Number 5A992 and 
immediately preceding Export Control classification Number 5B002, 
insert a heading reading ``B. Test, Inspection and Production 
Equipment.''

0
28. In Supplement No. 1 to part 774, Category 5 ``Telecommunications 
and Information Security'', Part II--``Information Security,'' 
immediately following the text of Export Control Classification Number 
5D992 and immediately preceding Export Control Classification Number 
5E002 revise the header that reads ``Technology'' to read ``E. 
Technology''.

    Dated: December 8, 2008.
Christopher R. Wall,
Assistant Secretary for Export Administration.
 [FR Doc. E8-29604 Filed 12-12-08; 8:45 am]

BILLING CODE 3510-33-P
