
[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Rules and Regulations]
[Pages 58396-58398]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24229]


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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.

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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: Sharron.cook@bis.doc.gov.

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


