Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Rules and Regulations 6603 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 742, 744, 748 and 774 

[Docket No. 070105004–7809–02] 

RIN 0694 AD95 

December 2006 Wassenaar 

Arrangement Plenary Agreement 

Implementation: Categories 1, 3, 6, and 

7 of the Commerce Control List; 

Wassenaar Reporting Requirements 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule; correction. 

SUMMARY: On November 5, 2007, the 

Bureau of Industry and Security 

published a final rule that amended the 

Export Administration Regulations 

(EAR) to implement the agreement 

reached at the December 2006 plenary 

meeting of the Wassenaar Arrangement 

on Export Controls for Conventional 

Arms and Dual-Use Goods and 

Technologies. The November 5 final 

rule contained errors in Parts 742 and 

744, and Categories 1, 3, 6 and 7 on the 

Commerce Control List. This rule 

corrects those errors. 

In addition, the November 5th rule 

indirectly affected an item of the list of 

eligible items for Authorized Validated 

End-User (VEU) Applied Materials 

China, Ltd. This rule corrects that item 

listing to harmonize with revisions of 

the November 5th rule. 

DATES: Effective Date: This rule is 

effective February 5, 2008. 

FOR FURTHER INFORMATION CONTACT: For 

questions of a general nature contact 

Sharron Cook, Office of Exporter 

Services, Bureau of Industry and 

Security, U.S. Department of Commerce 

at (202) 482–2440 or E-mail: 

scook@bis.doc.gov. 

For questions of a technical nature 

contact: 

Category 1: Bob Teer 202–482–4749 

Category 3: Brian Baker 202–482–

5534 

Category 6: Chris Costanzo 202–482–

0718 and Mark Jaso 202–482–0987 

Comments regarding the collections of 

information associated with this rule, 

including suggestions for reducing the 

burden, should be sent to OMB Desk 

Officer, New Executive Office Building, 

Washington, DC 20503, Attention: 

David Rostker; and to the Office of 

Administration, Bureau of Industry and 

Security, Department of Commerce, 

14th and Pennsylvania Avenue, NW., 

Room 6883, Washington, DC 20230. 

SUPPLEMENTARY INFORMATION

Background 

This document corrects errors 

contained in the Bureau of Industry and 

Security (BIS) final rule published in 

the Federal Register on November 5, 

2007 (72 FR 62524). Specifically, this 

rule corrects sections of the EAR as set 

forth below. 

Part 742 

• Section 742.6 is amended by adding 

the phrase ‘‘(except 6A002.a.3.d.a.2 and 

6A002.a.3.e for lead selenide focal plane 

arrays)’’ after 6A002.a.3 in paragraph 

(a)(1) to reflect the change in RS 

controls in Export Control Classification 

Number (ECCN) 6A002 that was 

published on November 5, 2007. 

Part 744 

• Section 744.17 is amended by 

revising the reference in the first 

sentence to ‘‘Part 42’’ to read ‘‘Part 742’’

to fix the typographical error. 

Category 1 

• ECCN 1A002 is amended to fix a 

typographical error by revising the 

phrase ‘‘structures of laminates’’ to read 

‘‘structures or laminates’’ in the last 

note in the items paragraph of the List 

of Items Controlled section. 

Category 3 

• ECCN 3A001 is amended by 

revising the abbreviation ‘‘TWAS’’ to 

read ‘‘TWTAs’’ in the GBS paragraph of 

the License Exception section to fix that 

typographical error. 

Category 6 

• ECCN 6A004 is amended by 

replacing the double quotes with single 

quotes around the term ‘aspheric optical 

element’ in the Related Definitions 

paragraph of the List of Items Controlled 

section of ECCN 6A004, because single 

quotes signify a local definition found 

in the ECCN as opposed to a definition 

that is located in Part 772. 

• ECCN 6A005 is amended by: 

a. Removing the reference to a.4 in the 

NP control paragraph of the License 

Requirements section, because the 

equipment in this paragraph is not 

controlled for nuclear non-proliferation; 

b. Revising the phrase ‘‘6A005.c.1.b 

and 6A005.c.2.b’’ to read ‘‘6A005.c.1.b 

or 6A005.c.2.b’’ in paragraphs h and i of 

the License Requirement Note; and 

c. Revising the GBS and CIV 

paragraphs in the License Exception 

section of ECCN 6A005 (lasers); 

Rationale: The license exception 

language under the recently revised 

ECCN 6A005 does not represent the 

intent of the agencies involved in the 

revisions for ECCN 6A005. The intent 

was for the items described under the 

revised license exception language to 

match the descriptions under the earlier 

version. The license exception language 

for License Exceptions GBS and CIV 

under the previous ECCN 6A005 

allowed only certain dye, liquid, CO and 

CO2, and neodymium lasers to be 

eligible for these exceptions. The license 

exception language under the recently 

revised ECCN 6A005 allows all lasers 

and components, with the exception of 

NP controlled items, to be eligible for 

GBS and CIV exceptions. Implementing 

controls for fiber lasers was a significant 

part of the 2006 Wassenaar revisions to 

6A005. An unintended consequence of 

the language published on November 5, 

2007 permitted these lasers to be eligible 

for License Exceptions GBS and CIV. 

• ECCN 6A995 is amended by: 

a. Revising the numbering of the 

paragraphs in 6A995.d.1, because these 

paragraphs were mis-numbered; and 

b. Revising the average output power 

from ‘‘500 W’’ to ‘‘50 W’’ in 6A995.e.1.b 

to maintain the anti-terrorism controls 

on lasers that were controlled in 

6A005.c.2.c.3.b.2 prior to the November 

2007 rule. 

• ECCN 6E201 is amended by 

revising the heading to: 

a. Remove the phrase ‘‘not controlled 

by 6E001 or 6E002’’, because 6E001 

controls development technology and 

6E002 controls production technology, 

and therefore, the phrase is not 

necessary in 6E201, which controls use 

technology; and 

b. Remove the reference to 6A005.a.4, 

because it is not controlled for nuclear 

non-proliferation reasons. 

Category 7 

• ECCN 7A101 is amended by 

replacing the word ‘‘therefore’’ with 

‘‘therefor’’ in the heading. 

• ECCNs 7D001 and 7D003 are 

amended by revising the MT paragraph 

in the License Requirements section to 

replace the text ‘‘MT applies to entire 

entry except 7A008’’ with ‘‘MT applies 

to ‘‘software’’ for equipment controlled 

for MT reasons. MT does not apply to 

‘‘software’’ for equipment controlled by 

7A008’’. This amendment clarifies that 

the MT controls for these ECCNs only 

apply to equipment controlled for MT 

reasons and do not apply to software for 

equipment controlled by 7A008. 

• ECCNs 7E001 and 7E002 are 

amended by revising the MT paragraph 

in the License Requirements section to 

replace the text ‘‘MT applies to entire 

entry except 7A008’’ with ‘‘MT applies 

to ‘‘technology’’ for equipment 

controlled for MT reasons. MT does not 

apply to ‘‘technology’’ for equipment 

controlled by 7A008’’. This amendment 

clarifies that the MT controls for these 


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6604 Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Rules and Regulations 

ECCNs only apply to equipment 

controlled for MT reasons and do not 

apply to technology for equipment 

controlled by 7A008. 

Supplement No. 7 to Part 748 

‘‘Authorization Validated End-User 

(VEU): List of Validated End-Users, 

Respective Items Eligible for Export, 

Reexport and Transfer, and Eligible 

Destinations’’

The November 5th Wassenaar 

implementation rule redesignated 

3B001.f.2 as 3B001.f.3. Therefore, this 

rule replaces the listing of ‘‘3B001.f.2’’

with ‘‘3B001.f.3’’ for Applied Materials 

China, Ltd in Supplement No 7 to Part 

748. 

Saving Clause 

Shipments of items removed from 

license exception eligibility or eligibility 

for export without a license as a result 

of this regulatory action that were on 

dock for loading, on lighter, laden 

aboard an exporting carrier, or en route 

aboard a carrier to a port of export, on 

February 5, 2008, pursuant to actual 

orders for export to a foreign 

destination, may proceed to that 

destination under the previous license 

exception eligibility or without a license 

so long as they have been exported from 

the United States before April 7, 2008. 

Any such items not actually exported 

before midnight, on April 7, 2008, 

require a license in accordance with this 

regulation. 

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 15, 2007, 72 FR 46137 

(August 16, 2007), 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 

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 of 1995 (44 U.S.C. 3501, 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule 

involves two collections of information 

subject to the PRA. One of the 

collections has been approved by OMB 

under control number 0694 0088, 

‘‘Multi Purpose Application,’’ and 

carries a burden hour estimate of 58 

minutes for a manual or electronic 

submission. The other of the collections 

has been approved by OMB under 

control number 0694 0106, ‘‘Reporting 

and Recordkeeping Requirements under 

the Wassenaar Arrangement,’’ and 

carries a burden hour estimate of 21 

minutes for a manual or electronic 

submission. Send comments regarding 

these burden estimates or any other 

aspect of these collections of 

information, including suggestions for 

reducing the burden, to OMB Desk 

Officer, New Executive Office Building, 

Washington, DC 20503; and to the 

Office of Administration, Bureau of 

Industry and Security, Department of 

Commerce, 14th and Pennsylvania 

Avenue, NW., Room 6622, Washington, 

DC 20230. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined 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 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 there is no formal comment 

period, public comments on this 

regulation are welcome on a continuing 

basis. Comments should be submitted to 

Sharron Cook, Office of Exporter 

Services, Bureau of Industry and 

Security, Department of Commerce, 

14th & Pennsylvania Ave., NW., Room 

2705, Washington, DC 20230. 

List of Subjects 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

15 CFR Part 748 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

■ Accordingly, Parts 742, 744, 748 and 

774 of the Export Administration 

Regulations (15 CFR Parts 730–774) are 

amended as follows: 

PART 742—[AMENDED] 

■ 1. The authority citation for part 742 

continues 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; Sec. 901–911, Pub. L. 106–

387; Sec. 221, Pub. L. 107–56; 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 August 3, 2006, 71 FR 44551 (August 7, 

2006); Notice of October 27, 2006, 71 FR 

64109 (October 31, 2006); Notice of August 

15, 2007, 72 FR 46137 (August 16, 2007). 

■ 2. Section 742.6 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 742.6 Regional stability. 

(a) * * * 

(1) As indicated in the CCL and in RS 

Column 1 of the Country Chart (see 

Supplement No. 1 to part 738 of the 

EAR), a license is required to all 

destinations, except Canada, for items 

described on the CCL under ECCNs 

6A002.a.1, a.2, a.3, .c, or .e; 6A003.b.3 

and b.4; 6A008.j.1; 6A998.b; 6D001 

(only ‘‘software’’ for the ‘‘development’’

or ‘‘production’’ of items in 6A002.a.1, 

a.2, a.3 (except 6A002.a.3.d.a.2 and 

6A002.a.3.e for lead selenide focal plane 

arrays), .c; 6A003.b.3 and .b.4; or 

6A008.j.1); 6D002 (only ‘‘software’’ for 

the ‘‘use’’ of items in 6A002.a.1, a.2, a.3, 

.c; 6A003.b.3 and .b.4; or 6A008.j.1); 

6D991 (only ‘‘software’’ for the 

‘‘development,’’ ‘‘production,’’ or ‘‘use’’

of equipment controlled by 6A002.e or 

6A998.b); 6E001 (only ‘‘technology’’ for 

‘‘development’’ of items in 6A002.a.1, 

a.2, a.3, and .c or .e, 6A003.b.3 and b.4, 

or 6A008.j.1); 6E002 (only ‘‘technology’’

for ‘‘production’’ of items in 6A002.a.1, 

a.2, a.3, .c, or .e, 6A003.b.3 or b.4, or 

6A008.j.1); 6E991 (only ‘‘technology’’

for the ‘‘development,’’ ‘‘production,’’ or 

‘‘use’’ of equipment controlled by 

6A998.b); 7D001 (only ‘‘software’’ for 

‘‘development’’ or ‘‘production’’ of 

items in 7A001, 7A002, or 7A003); 

7E001 (only ‘‘technology’’ for the 

‘‘development’’ of inertial navigation 

systems, inertial equipment, and 

specially designed components therefor 


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for civil aircraft); 7E002 (only 

‘‘technology’’ for the ‘‘production’’ of 

inertial navigation systems, inertial 

equipment, and specially designed 

components therefor for civil aircraft); 

7E101 (only ‘‘technology’’ for the ‘‘use’’

of inertial navigation systems, inertial 

equipment, and specially designed 

components for civil aircraft). 

* * * * * 

PART 744—[AMENDED] 

■ 3. The authority citation for part 744 

continues 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; Sec. 901–911, Pub. L. 106–

387; Sec. 221, Pub. L. 107–56; 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. 12947, 60 FR 5079, 3 

CFR, 1995 Comp., p. 356; 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; Notice of August 

3, 2006, 71 FR 44551 (August 7, 2006); Notice 

of October 27, 2006, 71 FR 64109 (October 

31, 2006); Notice of August 15, 2007, 72 FR 

46137 (August 16, 2007). 

■ 4. Section 744.17 is amended by 

revising the reference ‘‘Part 42’’ to read 

‘‘Part 742’’ in paragraph (a). 

PART 748—[AMENDED] 

■ 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 15, 2007, 72 FR 46137 (August 16, 

2007). 

■ 6. Supplement No. 7 to part 748 is 

amended by removing the reference to 

‘‘3B001.f.2’’ and adding in its place 

‘‘3B001.f.3’’ in the Eligible Items (By 

ECCN) column for Applied Materials 

China, Ltd. 

PART 774—[AMENDED] 

■ 7. 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,ex 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; Sec. 901–911, Pub. L. 106–387; 

Sec. 221, Pub. L. 107–56; 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 3, 2006, 71 FR 44551 

(August 7, 2006); Notice of August 15, 2007, 

72 FR 46137 (August 16, 2007). 

Supplement No. 1 to part 774—

Commerce Control List [AMENDED] 

■ 8. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 1 

Materials, Chemicals, Microorganisms, 

and Toxins, Export Control 

Classification Number (ECCN) 1A002 is 

amended by revising the phrase 

‘‘structures of laminates’’ to read 

‘‘structures or laminates’’ in the last 

Note appearing in the ‘‘items’’

paragraph in the List of Items Controlled 

section. 

■ 9. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3 

Electronics, Export Control 

Classification Number (ECCN) 3A001 is 

amended by removing the abbreviation 

‘‘TWAS’’ and adding in its place 

‘‘TWTAs’’ in the GBS paragraph of the 

License Exceptions section. 

■ 10. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors, Export Control Classification 

Number (ECCN) 6A004 is amended by 

removing the double quotes and adding 

in their place single quotes around the 

term ‘‘aspheric optical element’’ in the 

Related Controls paragraph and the 

Related Definitions paragraph of the List 

of Items controlled section. 

■ 11. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors, Export Control Classification 

Number (ECCN) 6A005 is amended by: 

■ a. Removing ‘‘a.4’’ from the list of 

references in the NP paragraph of the 

License Requirements section; 

■ b. Revising the phrase ‘‘6A005.c.1.b 

and 6A005.c.2.b’’ to read ‘‘6A005.c.1.b 

or 6A005.c.2.b’’ in paragraphs (h) and (i) 

of the License Requirement Note; and 

■ c. Revising the GBS and CIV 

paragraphs in the License Exception 

section, to read as follows: 

6A005 ‘‘Lasers’’ (other than those described 

in 0B001.g.5 or .h.6), components and 

optical equipment, as follows (see List of 

Items Controlled). 

* * * * * 

License Exceptions 

* * * * * 

GBS: Neodymium-doped (other than glass) 

‘‘lasers’’ controlled by 6A005.b.6.c.2 (except 

6A005.b.6.c.2.b) that have an output 

wavelength exceeding 1,000 nm, but not 

exceeding 1,100 nm, and an average or CW 

output power not exceeding 2kW, and 

operate in a pulse-excited, non-‘‘Q-switched’’

multiple-transverse mode, or in a 

continuously excited, multiple-transverse 

mode; Dye and Liquid Lasers controlled by 

6A005.c.1 and c.2, except for a pulsed single 

longitudinal mode oscillator having an 

average output power exceeding 1 W and a 

repetition rate exceeding 1 kHz if the ‘‘pulse 

duration’’ is less than 100 ns; CO ‘‘lasers’’

controlled by 6A005.d.2 having a CW 

maximum rated single or multimode output 

power not exceeding 10 kW; CO2 or CO/CO2

‘‘lasers’’ controlled by 6A005.d.3 having an 

output wavelength in the range from 9,000 to 

11,000 nm and having a pulsed output not 

exceeding 2 J per pulse and a maximum rated 

average single or multimode output power 

not exceeding 5 kW; CO2 ‘‘lasers’’ controlled 

by 6A005.d.3 that operate in CW multipletransverse mode, and having a CW output 

power not exceeding 15kW; and 6A005.f.1. 

CIV: Neodymium-doped (other than glass) 

‘‘lasers’’ controlled by 6A005.b.6.c.2 (except 

6A005.b.6.c.2.b) that have an output 

wavelength exceeding 1,000 nm, but not 

exceeding 1,100 nm, and an average or CW 

output power not exceeding 2kW, and 

operate in a pulse-excited, non-‘‘Q-switched’’

multiple-transverse mode, or in a 

continuously excited, multiple-transverse 

mode; Dye and Liquid Lasers controlled by 

6A005.c.1 and c.2, except for a pulsed single 

longitudinal mode oscillator having an 

average output power exceeding 1 W and a 

repetition rate exceeding 1 kHz if the ‘‘pulse 

duration’’ is less than 100 ns; CO ‘‘lasers’’

controlled by 6A005.d.2 having a CW 

maximum rated single or multimode output 

power not exceeding 10 kW; CO2 or CO/CO2

‘‘lasers’’ controlled by 6A005.d.3 having an 

output wavelength in the range from 9,000 to 

11,000 nm and having a pulsed output not 

exceeding 2 J per pulse and a maximum rated 

average single or multimode output power 

not exceeding 5 kW; CO2 ‘‘lasers’’ controlled 

by 6A005.d.3 that operate in CW multipletransverse mode, and having a CW output 

power not exceeding 15kW; and 6A005.f.1. 

* * * * * 

■ 12. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors, Export Control Classification 

Number (ECCN) 6A995 is amended by: 

■ a. Revising paragraph d.1.a in the 

items paragraph of the List of Items 

Controlled section, to read as set forth 

below; and 

■ b. Revising the average output power 

from ‘‘500 W’’ to read ‘‘50 W’’ in 

6A995.e.1.b. 

6A995 ‘‘Lasers’’, not controlled by 

0B001.g.5, 0B001.h.6, 6A005 or 6A205. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

d. * * * 

d.1. * * * 

d.1.a. A single transverse mode output and 

having any of the following: 

d.1.a.1. A ‘wall-plug efficiency’ exceeding 

12% and an ‘‘average output power’’

exceeding 10W and capable of operating at a 

pulse repetition frequency greater than 1kHz; 

or 

d.1.a.2. An ‘‘average output power’’

exceeding 20W; or 

* * * * * 

■ 13. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6 

Sensors, Export Control Classification 


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6606 Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Rules and Regulations 

Number (ECCN) 6E201 is amended by 

revising the heading to read as follows: 

6E201 ‘‘Technology’’ according to the 

General Technology Note for the ‘‘use’’

of equipment controlled by 6A003.a.2. 

6A003.a.3, 6A003.a.4; 6A005.a.2, 

6A005.b.2.b, 6A005.b.3.a, 6A005.b.4.b, 

6A005.b.6.b, 6A005.c.1.b, 6A005.c.2.b, 

6A005.d.3.c, or 6A005.d.4.c (as 

described in the license requirement 

note to 6A005); 6A202, 6A203, 6A205, 

6A225 or 6A226. 

* * * * * 

■ 14. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 7 

Navigation and Avionics, Export 

Control Classification Number (ECCN) 

7A101 is amended by removing the 

word ‘‘therefore’’ and adding in its place 

‘‘therefor’’ in the heading. 

■ 15. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 7 

Navigation and Avionics, Export 

Control Classification Number (ECCN) 

7D001 is amended by revising the MT 

paragraph of the License Requirements 

section, to read as follows: 

7D001 ‘‘Software’’ specially designed or 

modified for the ‘‘development’’ or 

‘‘production’’ of equipment controlled by 

7A (except 7A994) or 7B (except 7B994). 

License Requirements 

* * * * * 

Control(s) Country Chart 

* * * * * * * 

MT applies to ‘‘software’’ for equipment controlled for MT reasons. MT does not apply to ‘‘software’’ for equipment controlled by 7A008.MT Column 1. 

* * * * * * * 

■ 16. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 7 

Navigation and Avionics, Export 

Control Classification Number (ECCN) 

7D003 is amended by revising the MT 

paragraph of the License Requirements 

section, to read as follows: 

7D003 Other ‘‘software’’, as follows 

(see List of Items Controlled). 

License Requirements 

* * * * * 

Control(s) Country chart 

* * * * * * * 

MT applies to ‘‘software’’ for equipment controlled for MT reasons. MT does not apply to ‘‘software’’ for equipment controlled by 7A008.MT Column 1. 

* * * * * * * 

■ 17. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 7 

Navigation and Avionics, Export 

Control Classification Number (ECCN) 

7E001 is amended by revising the MT 

paragraph in the License Requirements 

section to read as follows: 

7E001 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ of equipment or 

‘‘software’’ controlled by 7A (except 

7A994), 7B (except 7B994) or 7D (except 

7D994). 

License Requirements 

* * * * * 

Control(s) Country chart 

* * * * * * * 

MT applies to ‘‘technology’’ for equipment controlled for MT reasons. MT does not apply to ‘‘technology’’ for equipment 

controlled by 7A008.

MT Column 1. 

* * * * * * * 

■ 18. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 7 

Navigation and Avionics, Export 

Control Classification Number (ECCN) 

7E002 is amended by revising the MT 

paragraph in the License Requirements 

section, to read as follows: 

7E002 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘production’’ of equipment controlled by 

7A (except 7A994) or 7B (except 7B994). 

License Requirements 

* * * * * 

Control(s) Country chart 

* * * * * * * 

MT applies to ‘‘technology’’ for equipment controlled for MT reasons. MT does not apply to ‘‘technology’’ for equipment 

controlled by 7A008.

MT Column 1. 

* * * * * * * 


rmajette on PROD1PC64 with RULES
Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Rules and Regulations 6607 

Eileen M. Albanese, 

Director for Office of Exporter Services. 

[FR Doc. 08–480 Filed 2–4–08; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 520 

Oral Dosage Form New Animal Drugs; 

Spectinomycin 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to correct an 

error in the indications for use for 

spectinomycin oral solution in swine. 

FDA is also amending the regulations 

for other oral dosage forms of 

spectinomycin to reflect a current 

format. These actions are being taken to 

improve the accuracy and readability of 

the animal drug regulations. 

DATES: This rule is effective February 5, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

George K. Haibel, Center for Veterinary 

Medicine (HFV–6), Food and Drug 

Administration, 7519 Standish Pl., 

Rockville, MD 20855, 240–276–9019, email: george.haibel@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: FDA has 

noticed that the animal drug regulations 

do not reflect the approved indications 

for use for spectinomycin oral solution 

in swine. At this time, FDA is amending 

the animal drug regulations in 

§ 520.2123c (21 CFR 520.2123c) to 

correct this error. FDA is also amending 

the regulations in § 520.2123a for 

spectinomycin tablets and in 

§ 520.2123b for spectinomycin powder 

to reflect a current format. These actions 

are being taken to improve the accuracy 

and readability of the animal drug 

regulations. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects in 21 CFR Part 520 

Animal drugs. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under the 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR part 520 is amended as follows: 

PART 520—ORAL DOSAGE FORM 

NEW ANIMAL DRUGS 

■ 1. The authority citation for 21 CFR 

part 520 continues to read as follows: 

Authority: 21 U.S.C. 360b. 

■ 2. Revise § 520.2123 to read as 

follows: 

§ 520.2123 Spectinomycin oral dosage 

forms. 

■ 3. Revise § 520.2123a to read as 

follows: 

§ 520.2123a Spectinomycin tablets. 

(a) Specifications. Each tablet 

contains spectinomycin 

dihydrochloride pentahydrate 

equivalent to 100 milligrams (mg) 

spectinomycin. 

(b) Sponsor. See No. 061623 in 

§ 510.600(c) of this chapter. 

(c) Conditions of use in dogs—(1) 

Amount. Administer orally to provide 

10 mg per pound (lb) of body weight 

twice daily. Dosage may be continued 

for 4 consecutive days. 

(2) Indications for use. For the 

treatment of infectious diarrhea and 

gastroenteritis caused by organisms 

susceptible to spectinomycin. 

(3) Limitations. Federal law restricts 

this drug to use by or on the order of 

a licensed veterinarian. 

■ 4. Revise § 520.2123b to read as 

follows: 

§ 520.2123b Spectinomycin powder. 

(a) Specifications. Each gram (g) of 

powder contains spectinomycin 

dihydrochloride pentahydrate 

equivalent to 0.5 g spectinomycin. 

(b) Sponsor. See No. 061623 in 

§ 510.600(c) of this chapter. 

(c) Related tolerances. See § 556.600 

of this chapter. 

(d) Conditions of use in chickens. It is 

administered in the drinking water of 

growing chickens as follows: 

(1) Indications for use and amounts—

(i) For increased rate of weight gain and 

improved feed efficiency in broiler 

chickens, administer 0.5 g per gallon of 

water as the only source of drinking 

water for the first 3 days of life and for 

1 day following each vaccination. 

(ii) As an aid in controlling infectious 

synovitis due to Mycoplasma synoviae 

in broiler chickens, administer 1 g per 

gallon of water as the only source of 

drinking water for the first 3 to 5 days 

of life. 

(iii) As an aid in the prevention or 

control of losses due to CRD associated 

with M. gallisepticum (PPLO) in 

growing chickens, administer 2 g per 

gallon of water as the only source of 

drinking water for the first 3 days of life 

and for 1 day following each 

vaccination. 

(2) Limitations. Do not administer to 

laying chickens. Do not administer 

within 5 days of slaughter. 

■ 5. Revise § 520.2123c to read as 

follows: 

§ 520.2123c Spectinomycin solution. 

(a) Specifications. Each milliliter of 

solution contains spectinomycin 

dihydrochloride pentahydrate 

equivalent to 50 milligrams (mg) 

spectinomycin. 

(b) Sponsors. See Nos. 000856, 

059130, and 061623 in § 510.600(c) of 

this chapter. 

(c) Related tolerances. See § 556.600 

of this chapter. 

(d) Conditions of use in swine—(1) 

Amount. Administer 5 mg per pound 

(lb) of body weight orally twice daily for 

3 to 5 days. 

(2) Indications for use. For the 

treatment and control of porcine enteric 

colibacillosis (scours) caused by E. coli 

susceptible to spectinomycin in pigs 

under 4 weeks of age. 

(3) Limitations. Do not administer to 

pigs over 15 lb body weight or over 4 

weeks of age. Do not administer within 

21 days of slaughter. 

Dated: January 24, 2008. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. E8–2065 Filed 2–4–08; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket No. USCG–2007–0036, formerly 

CGD07–122] 

RIN 1625–AA01 

Anchorage Regulation; Port 

Everglades, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard amends the 

anchorage regulations for Port 

Everglades, Florida. The amendment 

modifies the current anchorage area by 

eliminating that portion of the 

anchorage closest to sensitive coral reef 

areas, expands that portion of the 

anchorage area that poses less risk to 

these areas, and limits the amount of 

time a vessel may remain in the 

anchorage area. These changes ensure 


rmajette on PROD1PC64 with RULES