Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 58041 

components therefor containing analog-todigital converters having all of the following 

characteristics: 

k.1. 32 channels or more; and, 

k.2. A resolution of 14 bit (plus sign bit) 

or more with a conversion rate of 200,000 

conversions/s or more. 

■ 22. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

4—Computers, Export Control 

Classification Number (ECCN) 4D993 is 

amended by revising the ECCN heading 

and by revising paragraphs (b) and (c) of 

the ‘‘Items’’ paragraph, in the ‘‘List of 

Items Controlled’’ section, to read as 

follows: 

4D993 ‘‘Program’’ proof and validation 

‘‘software’’, ‘‘software’’ allowing the 

automatic generation of ‘‘source codes’’, and 

operating system ‘‘software’’ not controlled 

by 4D003 that are specially designed for real 

time processing equipment (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

* * * * * 

b. ‘‘Software’’ allowing the automatic 

generation of ‘‘source codes’’ from data 

acquired on line from external sensors 

described in the Commerce Control List; or 

c. Operating system ‘‘software’’ specially 

designed for ‘‘real time processing’’ 

equipment that guarantees a ‘‘global interrupt 

latency time’’ of less than 20 microseconds. 

■ 23. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

4—Computers, Export Control 

Classification Number (ECCN) 4E992 is 

amended by revising the ‘‘Related 

Controls’’ paragraph, in the ‘‘List of 

Items Controlled’’ section, to read as 

follows: 

4E992 ‘‘Technology’’ other than that 

controlled in 4E001 for the ‘‘development’’, 

‘‘production’’, or ‘‘use’’ of equipment 

controlled by 4A994 and 4B994, materials 

controlled by 4C994, or ‘‘software’’ controlled 

by 4D993 or 4D994. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: N/A 

Related Definitions: * * * 

Items: 

* * * * * 

■ 24. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

5—Telecommunications and 

‘‘Information Security’’, Part 1 

Telecommunications, Export Control 

Classification Number (ECCN) 5A991 is 

amended: 

■ a. By removing paragraph (b)(8) from 

the ‘‘Items’’ paragraph in the ‘‘List of 

Items Controlled’’ section; 

■ b. By removing and reserving 

paragraphs (c)(2) and (c)(4) of the 

‘‘Items’’ paragraph in the ‘‘List of Items 

Controlled’’ section, and 

■ c. By revising the ‘‘Note’’ at the end 

of paragraph (c)(4) of the ‘‘Items’’ 

paragraph in the ‘‘List of Items 

Controlled’’ section, to read as follows: 

5A991 Telecommunication equipment, not 

controlled by 5A001. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

* * * * * 

c. ‘‘Stored program controlled’’ * * * 

Note: Statistical multiplexers with digital 

input and digital output which provide 

switching are treated as ‘‘stored program 

controlled’’ switches. 

c.1. ‘‘Data (message) switching’’ equipment 

or systems designed for ‘‘packet-mode 

operation’’ and assemblies and components 

therefor, n.e.s. 

c.2. [Reserved]; 

c.3. Routing or switching of ‘datagram’ 

packets; 

c.4. [Reserved] 

Note: The restrictions in 5A991.c.3 do not 

apply to networks restricted to using only 

‘‘network access controllers’’ or to ‘‘network 

access controllers’’ themselves. 

* * * * * 

■ 25. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

6—Sensors and Lasers, Export Control 

Classification Number (ECCN) 6A995 is 

amended by revising the ECCN heading, 

to read as follows: 

6A995 ‘‘Lasers’’ (see List of Items 

Controlled). 

* * * * * 

■ 26. 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 removing the 

ECCN reference ‘‘7A007,’’ from the 

second sentence of the ‘‘Related 

Controls’’ paragraph in the ‘‘List of 

Items Controlled’’ section. 

■ 27. 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 removing the 

ECCN reference ‘‘7A007,’’ from the 

second sentence of the ‘‘Related 

Controls’’ paragraph in the ‘‘List of 

Items Controlled’’ section. 

■ 28. 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 removing the 

ECCN reference ‘‘7A007,’’ from the 

second sentence of the ‘‘Related 

Controls’’ paragraph in the ‘‘List of 

Items Controlled’’ section. 

■ 29. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

7—Navigation and Avionics, Export 

Control Classification Number (ECCN) 

7E101 is amended by revising the 

‘‘Related Controls’’ paragraph, in the 

‘‘List of Items Controlled’’ section, to 

read as follows: 

7E101 ‘‘Technology’’, according to the 

General Technology Note for the ‘‘use’’ of 

equipment controlled by 7A001 to 7A006, 

7A101 to 7A107, 7A115 to 7A117, 7B001, 

7B002, 7B003, 7B101, 7B102, 7B103, or 

7D101 to 7D103. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: The ‘‘technology’’ related 

to 7A003.b, 7A005, 7A103.b, 7A105, 7A106, 

7A115, 7A116, 7A117, 7B103, software 

specified in the Related Controls paragraph 

of ECCN 7D101, 7D102.a, or 7D103 are 

subject to the export licensing authority of 

the U.S. Department of State, Directorate of 

Defense Trade Controls. (See 22 CFR part 

121.) 

Related Definitions: * * * 

Items: 

* * * * * 

■ 30. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Propulsion Systems, Space Vehicles 

and Related Equipment, Export Control 

Classification Number (ECCN) 9E101 is 

amended by revising the ECCN heading, 

to read as follows: 

9E101 ‘‘Technology’’ according to the 

General Technology Note for the 

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

commodities or software controlled by 

9A012, 9A101, 9A104 to 9A111, 9A115 to 

9A119, 9C110, 9D101, 9D103, 9D104 or 

9D105. 

* * * * * 

Dated: September 29, 2008. 

Christopher R. Wall, 

Assistant Secretary for Export 

Administration. 

[FR Doc. E8–23289 Filed 10–3–08; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Part 126 

[Public Notice: 6384] 

Amendment to the International Arms 

Traffic in Arms Regulations: Eritrea 

AGENCY: Department of State. 

ACTION: Final Rule. 

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58042 Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 

SUMMARY: The Department of State is 

adding Eritrea to its regulations on 

prohibited exports and sales to certain 

countries as a result of its designation as 

a country not cooperating fully with 

antiterrorism efforts. 

DATES: This rule is effective October 3, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Memos, Office of Defense 

Trade Controls Policy, Department of 

State, Telephone (202) 663–2804 or Fax 

(202) 261–8199; E-mail 

DTCResponseTeam@state.gov. 

SUPPLEMENTARY INFORMATION: On May 

14, the Deputy Secretary of State 

determined that six countries, Cuba, 

Eritrea, Iran, North Korea, Syria and 

Venezuela, are not cooperating fully 

with anti-terrorism efforts (73 FR 

29172). As a result of this 

determination, Section 40A of the Arms 

Export Control Act, as amended (22 

U.S.C. 2781), prohibits the sale or 

licensing for export of defense articles 

and defense services to those countries 

effective October 1. This rule adds 

Eritrea to the list of countries identified 

in 22 CFR 126.1(a). 

Regulatory Analysis and Notices 

Administrative Procedure Act 

This amendment involves a foreign 

affairs function of the United States and, 

therefore, is not subject to the 

procedures contained in 5 U.S.C. 553 

and 554. 

Regulatory Flexibility Act 

Since this amendment is not subject 

to the procedures in 5 U.S.C. 553, it 

does not require analysis under the 

Regulatory Flexibility Act. 

Unfunded Mandates Act of 1995 

This amendment does not involve a 

mandate that will result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This amendment has been found not 

to be a major rule within the meaning 

of the Small Business Regulatory 

Enforcement Fairness Act of 1996. 

Executive Orders 12372 and 13132 

This amendment will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this amendment 

does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. The 

regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this amendment. 

Executive Order 12866 

This amendment is exempt from 

review under Executive Order 12866, 

but has been reviewed internally by the 

Department of State to ensure 

consistency with the purposes thereof. 

Paperwork Reduction Act 

This rule does not impose any new 

reporting or recordkeeping requirements 

subject to the Paperwork Reduction Act, 

44 U.S.C. Chapter 35. 

List of Subjects in 22 CFR Part 126 

Arms and munitions, Exports. 

■ Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, Part 126 is amended as follows: 

PART 126—GENERAL POLICIES AND 

PROVISIONS 

■ 1. The authority citation for Part 126 

continues to read as follows: 

Authority: Secs. 2, 38, 40, 42 and 71, Pub. 

L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2780, 2791 and 2797); E.O. 11958, 42 FR 

4311; 3 CFR, 1977 Comp., p.79; 22 U.S.C. 

2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR 

28205; 3 CFR, 1994 Comp., p.899; Sec. 1225, 

Pub. L. 108–375. 

■ 2. Section 126.1 is amended by 

revising paragraph (a) as follows: 

§ 126.1 Prohibited exports and sales to 

certain countries. 

(a) General. It is the policy of the 

United States to deny licenses and other 

approvals for exports and imports of 

defense articles and defense services, 

destined for or originating in certain 

countries. This policy applies to 

Belarus, Cuba, Eritrea, Iran, North 

Korea, Syria, and Venezuela. This 

policy also applies to countries with 

respect to which the United States 

maintains an arms embargo (e.g., Burma, 

China, Liberia, and Sudan) or whenever 

an export would not otherwise be in 

furtherance of world peace and the 

security and foreign policy of the United 

States. Information regarding certain 

other embargoes appears elsewhere in 

this section. Comprehensive arms 

embargoes are normally the subject of a 

State Department notice published in 

the Federal Register. The exemptions 

provided in the regulations in this 

subchapter, except § 123.17 of this 

subchapter, do not apply with respect to 

articles originating in or for export to 

any proscribed countries, areas, or 

persons in this § 126.1. 

* * * * * 

Dated: September 25, 2008. 

John C. Rood, 

Acting Under Secretary for Arms Control and 

International Security, Department of State. 

[FR Doc. E8–23575 Filed 10–3–08; 8:45 am] 

BILLING CODE 4710–25–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 50 

[EPA–HQ–OAR–2005–0159; FRL–8725–5] 

RIN 2060–AP28 

The Treatment of Data Influenced by 

Exceptional Events (Exceptional Event 

Rule): Revised Exceptional Event Data 

Flagging Submittal and Documentation 

Schedule To Support Initial Area 

Designations for the 2008 Ozone 

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to amend the Exceptional Events 

Rule to provide a revised exceptional 

event data flagging and documentation 

schedule for ozone data that may be 

used for designations under the 2008 

ozone national ambient air quality 

standards (NAAQS). The Exceptional 

Events Rule states that when EPA sets 

a NAAQS for a new pollutant or revises 

the NAAQS for an existing pollutant, 

EPA may revise or set a new schedule 

for flagging data for those NAAQS. EPA 

recently revised the primary and 

secondary ozone NAAQS to protect 

public health and welfare; the revised 

standards became effective on May 27, 

2008. Consistent with the process 

envisioned in the Exceptional Events 

Rule, this direct final action revises the 

dates for flagging data and submitting 

documentation regarding exceptional 

events under the revised ozone NAAQS. 

This revised schedule allows EPA to 

fully consider state requests for 

exceptional event concurrence prior to 

EPA making final designations. 

DATES: The direct final rule is effective 

on December 22, 2008 without further 

notice, unless EPA receives adverse 

mstockstill on PROD1PC66 with RULES