Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations 37039

Act of 1969, this action is not subject to

environmental assessments and

procedures.

List of Subjects in 14 CFR Part 73

Airspace, Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 73, as follows:

PART 73—SPECIAL USE AIRSPACE

1. The authority citation for part 73

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 73.71 [Amended]

2. § 73.71 is amended as follows:

* * * * *

R–7104 Vieques Island, PR [Amended]

By removing the words ‘‘Intermittent,

0600–2300 local time, daily; other times by

NOTAM 24 hours in advance’’ and inserting

the words ‘‘As activated by NOTAM 24 hours

in advance.’’

* * * * *

Issued in Washington, DC, June 5, 2000.

Reginald C. Matthews,

Manager, Airspace and Rules Division.

[FR Doc. 00–14859 Filed 6–12–00; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 774

[Docket No. 990701179–0167–03]

RIN 0694–AB90

Expansion of License Exception CIV

Eligibility for ‘‘Microprocessors’’

Controlled by ECCN 3A001 and

Graphics Accelerators Controlled by

ECCN 4A003

AGENCY: Bureau of Export

Administration, Commerce.

ACTION: Interim rule with request for

comments.

SUMMARY: The Bureau of Export

Administration (BXA) maintains the

Commerce Control List (CCL), which

identifies those items subject to

Department of Commerce export

licensing requirements. Consistent with

technological changes, this interim rule

adjusts the License Exception CIV

eligibility level for microprocessors

controlled by Export Control

Classification Number (ECCN) 3A001

from a composite theoretical

performance (CTP) of equal to or less

than 3500 million theoretical operations

per second (MTOPS) to a CTP of equal

to or less than 4500 MTOPS. This rule

also adjusts the License Exception CIV

eligibility level for graphics accelerators

controlled by Export Control

Classification Number (ECCN) 4A003

from 75 million vectors per second to

100 million vectors per second. License

Exception CIV authorizes exports and

reexports to civil end-users for civil

end-uses in Country Group D:1. CIV

may not be used for exports or reexports

to military end-users or end-uses.

To avoid unwarranted burdens on

industry and keep the export control

levels for commodity microprocessors at

controllable levels, the Administration

is committed to reviewing the CIV level

on an ongoing basis. Based on industry

projections, substantially more powerful

commodity microprocessors will be

released later this year. In light of this

information, the Administration will

continue to monitor the microprocessor

market, and as circumstances warrant,

we anticipate raising the CIV eligibility

levels from 4500 MTOPS to a level

somewhere between 5500 and 7000

MTOPS to account for the more

powerful microprocessors entering mass

production.

The exponential advance of

microprocessor technology directly

affects High Performance Computer

(HPC) technology. Accordingly, the

Administration is also committed to

reviewing HPC control levels regularly.

This summer, we will once again assess

the HPC market to determine at what

level computers are no longer

controllable due to wide commercial

production and dissemination of the

computers and their components.

Additionally, we will determine if the

individual licensing levels for

computers exported to Tier 2 and Tier

3 countries require adjustment. Finally,

we will continue to examine whether

CTP remains a viable metric for

determining HPC export controls.

DATES: This rule is effective June 13,

2000. Comments on this rule must be

received on or July 13, 2000.

ADDRESSES: Written comments should

be sent to Hillary Hess, Regulatory

Policy Division, Bureau of Export

Administration, Department of

Commerce, P.O. Box 273, Washington,

DC 20044.

FOR FURTHER INFORMATION CONTACT:

James Lewis, Director, Office of

Strategic Trade and Foreign Policy

Controls, Bureau of Export

Administration, Telephone: (202) 482–

4196.

SUPPLEMENTARY INFORMATION: Although

the Export Administration Act (EAA)

expired on August 20, 1994, the

President invoked the International

Emergency Economic Powers Act and

continued in effect the EAR, and, to the

extent permitted by law, the provisions

of the EAA in Executive Order 12924 of

August 19, 1994, as extended by the

President’s notices of August 15, 1995

(60 FR 42767), August 14, 1996 (61 FR

42527), August 13, 1997 (62 FR 43629),

August 13, 1998 (63 FR 44121), and

August 10, 1999 (64 FR 44101, August

13, 1999).

Rulemaking Requirements

1. This interim rule has been

determined to be not significant for

purposes of E.O. 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 (PRA), unless that

collection of information displays a

currently valid OMB Control Number.

This rule involves a collection of

information subject to the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.). This collection has been

approved by the Office of Management

and Budget under control number 0694–

0088.

3. This rule does not contain policies

with Federalism implications sufficient

to warrant preparation of a Federalism

assessment under Executive Order

13132.

4. The provisions of the

Administrative Procedure Act (5 U.S.C.

553) requiring notice of proposed

rulemaking, the opportunity for public

participation, and a delay in effective

date, are inapplicable because this

regulation involves a military and

foreign affairs function of the United

States (5 U.S.C. 553(a)(1)). Further, no

other law requires that a notice of

proposed rulemaking and an

opportunity for public comment be

given for this interim rule. Because a

notice of proposed rulemaking and an

opportunity for public comment are not

required to be given for this rule under

the Administrative Procedure Act or by

any other law, the analytical

requirements of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) are

not applicable.

However, because of the importance

of the issues raised by these regulations,

this rule is issued in interim form and

comments will be considered in the

development of final regulations.

Accordingly, the Department

encourages interested persons who wish

37040 Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations

to comment to do so at the earliest

possible time to permit the fullest

consideration of their views.

The period for submission of

comments will close on July 13, 2000.

The Department will consider all

comments received before the close of

the comment period in developing final

regulations. Comments received after

the end of the comment period will be

considered if possible, but their

consideration cannot be assured. The

Department will not accept public

comments accompanied by a request

that a part or all of the material be

treated confidentially because of its

business proprietary nature or for any

other reason. The Department will

return such comments and materials to

the person submitting the comments

and will not consider them in the

development of final regulations. All

public comments on these regulations

will be a matter of public record and

will be available for public inspection

and copying. In the interest of accuracy

and completeness, the Department

requires comments in written form.

Oral comments must be followed by

written memoranda, which will also be

a matter of public record and will be

available for public review and copying.

Communications from agencies of the

United States Government or foreign

governments will not be made available

for public inspection.

The public record concerning these

regulations will be maintained in the

Bureau of Export Administration

Freedom of Information Records

Inspection Facility, Room 6883,

Department of Commerce, 14th Street

and Pennsylvania Avenue, NW.,

Washington, DC 20230. Records in this

facility, including written public

comments and memoranda

summarizing the substance of oral

communications, may be inspected and

copied in accordance with regulations

published in Part 4 of Title 15 of the

Code of Federal Regulations.

Information about the inspection and

copying of records at the facility may be

obtained from the Bureau of Export

Administration Freedom of Information

Officer at the above address or by

calling (202) 482–0500.

List of Subjects in 15 CFR Part 774

Exports, Foreign trade.

Accordingly, part 774 of the Export

Administration Regulations (15 CFR

parts 730 through 799) is amended as

follows:

1. The authority citation for part 774

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); 18 U.S.C. 2510 et seq.; 22 U.S.C.

287c; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004;

Sec. 201, Pub. L. 104–58, 109 Stat. 557 (30

U.S.C. 185(s)); 30 U.S.C. 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; E.O.

12924, 59 FR 43437, 3 CFR, 1994 Comp., p.

917; E.O. 13020, 61 FR 54079, 3 CFR, 1996

Comp., p. 219; E.O. 13026, 61 FR 58767, 3

CFR, 1996 Comp., p. 228; Notice of August

10, 1999 (3 CFR, 1999 Comp. 302 (2000)).

PART 774—AMENDED

Supplement No. 1 to Part 774—

Amended

2. In Supplement No. 1 to part 774

(the Commerce Control List), Category

3—Electronics, Export Control

Classification Number (ECCN) 3A001 is

amended by revising the License

Exceptions section to read as follows:

3A001 Electronic components, as

follows (see List of Items Controlled).

* * * * *

License Exceptions

LVS: N/A for MT

$1500: 3A001.c

$3000: 3A001.b.1, b.2, b.3, .d, .e and .f

$5000: 3A001.a, and .b.4 to b.7

GBS: Yes, except 3A001.a.1.a, b.1, b.3 to

b.7, .c to .f

CIV: Yes, except 3A001.a.1, a.2, a.3.a

(for processors with a CTP greater

than 4500 Mtops), a.5, a.6, a.9, a.10,

and a.12, .b, .c, .d, .e, and .f

* * * * *

3. In Supplement No. 1 to part 774

(the Commerce Control List), Category

4—Computers, Export Control

Classification Number (ECCN) 4A003 is

amended by revising the License

Exceptions section to read as follows:

4A003 ‘‘Digital computers’’,

‘‘electronic assemblies’’, and related

equipment therefor, and specially

designed components therefor.

* * * * *

License Exceptions

LVS: $5000; N/A for MT and ‘‘digital’’

computers controlled by 4A003.b and

having a CTP exceeding 10,000

MTOPS; or ‘‘electronic assemblies’’

controlled by 4A003.c and capable of

enhancing performance by

aggregation of ‘‘computing elements’’

so that the CTP of the aggregation

exceeds 10,000 MTOPS.

GBS: Yes, for 4A003.d, .e, and .g and

specially designed components

therefor, exported separately or as

part of a system.

CTP: Yes, for computers controlled by

4A003.a, .b and .c, to the exclusion of

other technical parameters, with the

exception of parameters specified as

controlled for Missile Technology

(MT) concerns and 4A003.e

(equipment performing analog-todigital or digital-to-analog

conversions exceeding the limits of

3A001.a.5.a). See § 740.7 of the EAR.

CIV: Yes, for 4A003.d (having a 3–D

vector rate less than or equal to 100

M vectors/sec), .e, and .g.

* * * * *

Dated: June 8, 2000.

R. Roger Majak,

Assistant Secretary for Export

Administration.

[FR Doc. 00–14903 Filed 6–12–00; 8:45 am]

BILLING CODE 3510–33–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 175

[Docket No. 92F–0443]

Indirect Food Additives: Adhesives

and Components of Coatings;

Technical Amendment

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule; technical

amendment.

SUMMARY: The Food and Drug

Administration (FDA) is amending its

food additives regulations to correct two

typographical errors in the Chemical

Abstracts Service (CAS) registry

number. This document corrects those

errors.

DATES: This rule is effective June 13,

2000.

FOR FURTHER INFORMATION CONTACT:

Julius Smith, Center for Food Safety and

Applied Nutrition (HFS–215), Food and

Drug Administration, 200 C St. SW.,

Washington, DC 20204, 202–418–3091.

SUPPLEMENTARY INFORMATION: In the

Federal Register of February 11, 2000

(65 FR 6889), the agency amended the

food additive regulations to provide for

the safe use of: (1) 1,2-dibromo-2,4-

dicyanobutane, and (2) a mixture of 5-

chloro-2-methyl-4-isothiazolin-3-one

and 2-methyl-4-isothiazolin-3-one,

optionally containing magnesium

nitrate, as antimicrobial agents in

emulsion-based silicone coating

formulations. The CAS registry number

for 2-methyl-4-isothiazol-3-one was

incorrectly published. The agency is

amending both 21 CFR 175.300 and

175.320 to correct those errors.

List of Subjects in 21 CFR Part 175

Adhesives, Food additives, Food

packaging.