[Federal Register Volume 60, Number 200 (Tuesday, October 17, 1995)]
[Rules and Regulations]
[Pages 53697-53699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25742]
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[[Page 53698]]
DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Part 799
[Docket No. 950928239-5239-01]
RIN 0694-AB33
Correcting Amendments; General Software Note, Commerce Control
List Interpretations 24, 25, and 26
AGENCY: Bureau of Export Administration, Commerce.
ACTION: Final rule; correcting amendments.
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SUMMARY: This final rule makes two corrections to the Export
Administration Regulations. First, this rule amends the General
Software Note to correctly reflect that Country, Groups S and Z, Iran,
and Syria are not eligible to receive exports of mass-marketed software
under General License GTDR without written assurance (also referred to
as General License GTDU). This is not a regulatory change, but a
correction to the Code of Federal Regulations, which erroneously
omitted the appropriate amendatory language regarding Country Groups S
and Z, Iran and Syria after it was published in the Federal Register on
September 14, 1992 (57 FR 41854).
Second, this rule removes Commerce Control List interpretations
Nos. 24, 25, and 26. BXA intended to remove these interpretations on
July 15, 1992. However, due to a typographical error, this change was
inadvertently omitted from the Export Administration Regulations.
EFFECTIVE DATE: This rule is effective October 17, 1995.
FOR FURTHER INFORMATION CONTACT: Nancy Crowe, Office of Exporter
Services, Regulatory Policy Division, Bureau of Export Administration,
Telephone: (202) 482-2440.
SUPPLEMENTARY INFORMATION:
Background
This final rule makes two corrections to the Export Administration
Regulations (EAR) (15 CFR Parts 730-799). First, this rule amends the
General Software Note found in Supplement No. 2 to Sec. 799.1 of the
EAR to correctly reflect that Country Groups S and Z, Iran, and Syria
are not eligible to receive exports of mass-marketed software under
General License GTDR without written assurances (also referred to as
General License GTDU). This is not a regulatory change.
The amendatory language concerning Country Groups S and Z, Iran and
Syria was originally published in the Federal Register on September 14,
1992 (57 FR 41854), along with corresponding language in Sec. 779.4(a)
of the EAR. The amendments to Sec. 779.4(a) and the General Software
Note were included in the loose-leaf version of the EAR, but the
amendment to the General Software Note was inadvertently omitted from
the CFR.
Supplement No. 2 to Sec. 799.1 was removed and reserved in error in
the January 1, 1995, version of the CFR. On July 18, 1995, a CFR
correction was published in the Federal Register (60 FR 36638) to
reinstate Supplement No. 2 to Sec. 799.1. However, the July 1995
correction did not include the amendatory language regarding Country
Groups S and Z, Iran and Syria that was published in 1992. This final
rule corrects the text of Supplement No. 2 to Sec. 799.1 in Title 15 of
the CFR to reflect the language originally published in the Federal
Register on September 14, 1992.
This rule also removes interpretations Nos. 24, 25, and 26 from
Supplement No. 1 to Sec. 799.2. BXA intended to remove these
interpretations on July 15, 1992 (57 FR 31309). However, due to a
typographical error, this change was inadvertently omitted from the
EAR.
Although the Export Administration Act (EAA) expired on August 20,
1994, the President invoked the International Emergency Economic Powers
Act and continued in effect, to the extent permitted by law, the
provisions of the EAA and the EAR in Executive Order 12924 of August
19, 1994, and Notice of August 15, 1995 (60 FR 42767).
Rulemaking Requirements
Notwithstanding any other provision of law, no person is required
to respond to nor shall a 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 OMB Control number.
1. This final rule has been determined to be not significant for
purposes of Executive Order 12866.
2. This rule involves collections of information subject to the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These
collections have been approved by the Office of Management and Budget
under control numbers 0694-0005 and 0694-0007.
3. This rule does not contain policies with Federalism implications
sufficient to warrant preparation of a Federalism assessment under
Executive Order 12612.
4. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by section
553 of the Administrative Procedure Act (5 U.S.C. 553) or by any other
law, under section 3(a) of the Regulatory Flexibility Act (5 U.S.C.
603(a) and 604(a)) no initial or final Regulatory Flexibility Analysis
has to be or will be prepared.
5. 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 foreign and military affairs
function of the United States. No other law requires that a notice of
proposed rulemaking and an opportunity for public comment be given for
this rule. Therefore, this regulation is issued in final form.
List of Subjects in 15 CFR Part 799
Exports, Reporting and recordkeeping requirements.
Accordingly, Part 799 the Export Administration Regulations (15 CFR
Parts 730-799) is amended, as follows:
1. The authority citation for 15 CFR Part 799 continues to read as
follows:
Authority: 50 U.S.C. App. 5, as amended; Pub. L. 264, 59 Stat.
619 (22 U.S.C. 287c), as amended; Pub. L. 90-351, 82 Stat. 197 (18
U.S.C. 2510 et seq.), as amended; sec. 101, Pub. L. 93-153, 87 Stat.
576 (30 U.S.C. 185), as amended; sec. 103, Pub. L. 94-163, 89 Stat.
877 (42 U.S.C. 6212), as amended; secs. 201 and 201(11)(e), Pub. L.
94-258, 90 Stat. 309 (10 U.S.C. 7420 and 7430(e)), as amended; Pub.
L. 95-223, 91 Stat. 1626 (50 U.S.C. 1701 et seq.); Pub. L. 95-242,
92 Stat. 120 (22 U.S.C. 3201 et seq. and 42 U.S.C. 2139a); sec. 208,
Pub. L. 95-372, 92 Stat. 668 (43 U.S.C. 1354); Pub. L. 96-72, 93
Stat. 503 (50 U.S.C. App. 2401 et seq.), as amended; sec. 125, Pub.
L. 99-64, 99 Stat. 156 (46 U.S.C. 466c); Pub. L. 102-484, 106 Stat.
2575 (22 U.S.C. 6004); E.O. 11912 of April 13, 1976 (41 FR 15825,
April 15, 1976); E.O. 12002 of July 7, 1977 (42 FR 35623, July 7,
1977), as amended; E.O. 12058 of May 11, 1978 (43 FR 20947, May 16,
1978); E.O. 12214 of May 2, 1980 (45 FR 29783, May 6, 1980); E.O.
12851 of June 11, 1993 (58 FR 33181, June 15, 1993); E.O. 12867 of
September 30, 1993 (58 FR 51747, October 4, 1993); E.O 12918 of May
26, 1994 (59 FR 28205, May 31, 1994); E.O. 12924 of August 19, 1994
(59 FR 43437 of August 23, 1994); E.O. 12938 of November 14, 1994
(59 FR 59099 of November 16, 1994), and Notice of August 15, 1995
(60 FR 42767).
PART 799--[AMENDED]
2. Supplement No. 2 to Section 799.1 is amended by revising the
introductory text of the second note to read as follows:
Supplement No. 2--General Technology and Software Notes
* * * * *
[[Page 53699]]
2. General Software Note. General License GTDR, without written
assurance, is available to all destinations, except Country Groups S
and Z, Iran, and Syria, for release of software that is generally
available to the public by being:
* * * * *
Supplement No. 1 to Sec. 799.2 [Amended]
3. In Supplement No. 1 to Sec. 799.2 (Interpretations),
interpretations Nos. 24, 25, and 26 are removed.
Dated: October 12, 1995.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 95-25742 Filed 10-16-95; 8:45 am]
BILLING CODE 3510-DT-P
