
[Federal Register: June 16, 2010 (Volume 75, Number 115)]
[Rules and Regulations]               
[Page 33989-33990]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn10-1]                         


========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================



[[Page 33989]]



DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 0907271167-0246-02]
RIN 0694-AE69

 
Export Administration Regulations: Technical Corrections

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correcting amendments.

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

SUMMARY: This rule corrects two typographical errors that appeared in a 
rule published on June 4, 2010. One error is in the License 
Requirements section of Export Control Classification Number 2B001 and 
the other is in the Technical Note on Adjusted Peak Performance 
(``APP'') found at the end of Category 4 on the Commerce Control List.

DATES: This rule is effective June 16, 2010.

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

SUPPLEMENTARY INFORMATION: 

Background

    On June 4, 2010, the Bureau of Industry and Security published a 
final rule that, inter alia, clarified language regarding certain 
performance criteria of turning machines covered by Export Control 
Classification Number (ECCN) 2B001 and replaced a subscript with a 
superscript to properly express exponentiation in the definition of 
Adjusted Peak Performance in a technical note at the end of Category 4 
on the Commerce Control List (75 FR 31678, June 4, 2010). That notice 
contained two typographical errors. The first described the national 
security control for ECCN 2B001 as NS Column 1 on the EAR Country Chart 
(15 CFR part 738, Supp. No. 1). The correct national security control 
for ECCN 2B001 is NS Column 2. The second did not enclose the 
abbreviation ``APP'' in double quotation marks. This rule corrects both 
errors.

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 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. 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 these 
revisions are administrative in nature and do not affect the rights and 
obligations of the public; therefore allowing prior notice and comment 
on these rules is unnecessary. In addition, the 30-day delay in 
effectiveness required by 5 U.S.C. 553(d) is not applicable here 
because this rule is not a substantive rule, but merely makes technical 
changes to the regulations. 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 in 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 774--[AMENDED]

0
1. 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; 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 August 13, 2009 (74 FR 41,325 (August 14, 2009)).


0
2. In Supplement No. 1 to part 774:
0
a. In Category 2, Export Control Classification Number 2B001, revise 
the ``Controls'' paragraph of the ``License Requirements'' section.
0
b. In Category 4, the Technical Note on ``Adjusted Peak Performance'' 
(``APP'') that appears at the end of Category 4, revise the definition 
of ``APP'' that appears under the heading ``Abbreviations Used in This 
Technical Note''.

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *
2B001 Machine tools and any combination thereof, for removing (or 
cutting) metals, ceramics or ``composites'', which, according to the 
manufacturer's technical specifications, can be equipped with 
electronic devices for ``numerical control''; and specially designed 
components as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, NP, AT


               Control(s)                         Country Chart

NS applies to entire entry.............  NS Column 2

[[Page 33990]]


NP applies to 2B001.a, .b, .c, and .d,   NP Column 1
 EXCEPT: (1) Turning machines under
 2B001.a with a capacity no greater
 than 35 mm diameter; (2) bar machines
 (Swissturn), limited to machining only
 bar feed through, if maximum bar
 diameter is equal to or less than 42
 mm and there is no capability of
 mounting chucks. (Machines may have
 drilling and/or milling capabilities
 for machining parts with diameters
 less than 42 mm); or (3) milling
 machines under 2B001.b.with x-axis
 travel greater than two meters and
 overall ``positioning accuracy'' on
 the x-axis more (worse) than 0.030 mm
AT applies to entire entry.............  AT Column 1


* * * * *

Category 4--Computers

* * * * *

Technical Note on ``Adjusted Peak Performance'' (``APP'')

* * * * *

Abbreviations Used in This Technical Note

* * * * *
    ``APP'' is expressed in Weighted TeraFLOPS (WT) in units of 
10\12\ adjusted floating point operations per second.
* * * * *

Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2010-14432 Filed 6-15-10; 8:45 am]
BILLING CODE 3510-33-P

