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[Federal Register: March 23, 2010 (Volume 75, Number 55)]
[Rules and Regulations]               
[Page 13674-13675]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23mr10-9]                         

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 0908041218-91220-01]
RIN 0694-AE58

 
Wassenaar Arrangement 2008 Plenary Agreements Implementation: 
Categories 1, 2, 3, 4, 5 Parts I and II, 6, 7, 8 and 9 of the Commerce 
Control List, Definitions, Reports; Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correcting amendment.

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SUMMARY: The Bureau of Industry and Security (BIS) published a final 
rule in the Federal Register on Friday, December 11, 2009, that revised 
the Export Administration Regulations (EAR) by amending entries for 
certain items that are controlled for national security reasons in 
Categories 1, 2, 3, 4, 5 Part I (telecommunications), 5 Part II 
(information security), 6, 7, 8, and 9; adding new entries to the 
Commerce Control List, revising reporting requirements, and adding and 
amending EAR Definitions. That final rule contained errors that 
affected Export Control Classification Numbers 1A004 and 5A001. This 
document corrects these errors.

DATES: Effective Date: This rule is effective March 23, 2010.

ADDRESSES: Written comments on this rule may be sent to the Federal 
Register eRulemaking Portal: http://www.regulations.gov, or by e-mail 
to publiccomments@bis.doc.gov. Include RIN 0694-AE58 in the subject 
line of the message. Comments may be submitted by mail or hand delivery 
to Sharron Cook, Office of Exporter Services, Regulatory Policy 
Division, Bureau of Industry and Security, U.S. Department of Commerce, 
14th St., & Pennsylvania Avenue, NW., Room H2705, Washington, DC 20230, 
ATTN: RIN AE58; or by fax to (202) 482-3355.

[[Page 13675]]

    Send comments regarding the collection of information to Jasmeet 
Seehra, Office of Management and Budget (OMB), by e-mail to 
jseehra@omb.eop.gov, or by fax to (202) 395-7285; and to the Regulatory 
Policy Division, Bureau of Industry and Security, U.S. Department of 
Commerce, 14th St. & Pennsylvania Avenue, NW., Room H2705, Washington, 
DC 20230.

FOR FURTHER INFORMATION CONTACT: Sharron Cook, Office of Exporter 
Services, Bureau of Industry and Security, U.S. Department of Commerce; 
by telephone: (202) 482-2440; or by fax: 202-482-3355.

SUPPLEMENTARY INFORMATION:

Background

    On December 11, 2009, the final rule, ``Wassenaar Arrangement 2008 
Plenary Agreements Implementation: Categories 1, 2, 3, 4, 5 Parts I and 
II, 6, 7, 8 and 9 of the Commerce Control List, Definitions, Reports'' 
was published in the Federal Register (74 FR 66000). The December 11th 
rule inadvertently removed two technical notes after 1A004.d. This rule 
adds these technical notes back to 1A004.d. In addition, in the LVS 
paragraph of the License Requirement section of ECCN 5A001, this rule 
replaces the phrase ``and .d through .h'' with ``and .d, .f, .g, .h.'' 
in order to make it clear that only the referenced paragraphs are 
eligible for license exception LVS. The phrase ``and .d through .h'' 
suggested that paragraph .e was eligible for LVS and it is not.
    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as extended by the Notice of August 13. 2009 
(74 FR 41325 (August 14, 2009)), has continued the Export 
Administration Regulations in effect under the International Emergency 
Economic Powers Act.

Rulemaking Requirements

    1. This final 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, unless that collection of 
information displays a currently valid Office of Management and Budget 
Control Number. This final rule involves a collection of information 
subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 
seq.). This collection has been approved by the Office of Management 
and Budget under control number 0694-0088, ``Multi-Purpose 
Application,'' which carries a burden hour estimate of 58 minutes for a 
manual or electronic submission. This final rule is expected to have a 
minimal increase on the total number of license applications submitted 
to BIS. Send comments regarding these burden estimates or any other 
aspect of these collections of information, including suggestions for 
reducing the burden, to Jasmeet Seehra, Office of Management and Budget 
(OMB), and to the Regulatory Policy Division, Bureau of Industry and 
Security as indicated in the ADDRESSES section of this rule.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 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 final 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. Therefore, 
this regulation is issued in final form. Although the formal comment 
period closed on June 17, 2008, public comments on this regulation are 
welcome on a continuing basis. Comments should be submitted to one of 
the addresses listed in the ADDRESSES section of the preamble of this 
final rule.

List of Subjects in 15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.


0
Accordingly, part 774 of the Export Administration Regulations (15 CFR 
parts 730-774) is corrected by making the following correcting 
amendment:

PART 774--[CORRECTED]

0
1. The authority citations for part 774 continue to read as follows:

    Authority: 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 13, 2009, 74 FR 41325 
(August 14, 2009).

Supplement No. 1 to Part 774--Commerce Control List [CORRECTED]

0
2. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
1, Export Control Classification Number (ECCN) 1A004 is corrected by 
adding two new technical notes to the end of paragraph d in the items 
paragraph of the List of Items Controlled section, to read as follows:


1A004  Protective and detection equipment and components, not specially 
designed for military use, as follows (see List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    d. * * *
* * * * *

    Technical Notes: 
    1. 1A004 includes equipment and components that have been 
identified, successfully tested to national standards or otherwise 
proven effective, for the detection of or defense against 
radioactive materials ``adapted for use in war'', biological agents 
``adapted for use in war'', chemical warfare agents, 'simulants' or 
``riot control agents'', even if such equipment or components are 
used in civil industries such as mining, quarrying, agriculture, 
pharmaceuticals, medical, veterinary, environmental, waste 
management, or the food industry.
    2. 'Simulant': A substance or material that is used in place of 
toxic agent (chemical or biological) in training, research, testing 
or evaluation.

* * * * *

0
3. Supplement No. 1 to Part 774 (the Commerce Control List), Category 
5, Part I, ECCN 5A001 is corrected by removing the phrase ``and .d 
through .h'' and adding in its place ``and .d, .f, .g, .h.'' in the LVS 
paragraph of the License Requirement section.

    Dated: March 17, 2010.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2010-6381 Filed 3-22-10; 8:45 am]
BILLING CODE 3510-33-P
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