97-28649. Request for Comments on the Definition of ``Specially Designed''

[Federal Register Volume 62, Number 209 (Wednesday, October 29, 1997)]
[Proposed Rules]
[Pages 56138-56139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28649]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Chapter VII

[Docket No. 971014244-7244-01]


Request for Comments on the Definition of ``Specially Designed''

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Notice of inquiry; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Export Administration (BXA) is reviewing the use 
of the term ``specially designed'' as it pertains to items controlled 
on the Commerce Control List (CCL) in the Export Administration 
Regulations (EAR). BXA is considering developing a definition or 
definitions of that term that will meet the export control objectives 
of the regulations while increasing the utility of the regulations to 
the public.
    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, as amended, in Executive Order 12924 of 
August 19, 1994, as extended by the President's notices of August 17, 
1995 (60 FR 42767), August 14, 1996 (61 FR 42527) and August 13, 1997 
(62 FR 43629).

DATES: Comments must be received by December 29, 1997.

ADDRESSES: Written comments (three copies) should be sent to Hillary 
Hess, Regulatory Policy Division (Room 2096), Office of Exporter 
Services, Bureau of Export Administration, Department of Commerce, PO 
Box 273, Washington, DC 20044.

FOR FURTHER INFORMATION CONTACT: Jerald Beiter, Office of the Assistant 
Secretary for Export Administration, Bureau of Export Administration, 
Department of Commerce, telephone: [phone].

SUPPLEMENTARY INFORMATION: A number of U.S. exporters and others have 
requested that BXA provide a definition of the term ``specially 
designed'' in order to assist them in classifying certain items 
according to the Commerce Control List. In responding to this request, 
BXA intends to examine the use of the term in multilateral control 
regimes, use of the term by other countries in their export control 
regimes, the opinions of other government agencies, and the opinions of 
members of the public. Our goal is to

[[Page 56139]]

fulfill the export control purposes behind the regulations, to adhere 
to multilateral regime practices, and to make the regulations easier 
for the public to use. BXA is particularly interested in the comments 
of those who have experience classifying items on the Commerce Control 
List. Comments should be as specific as possible.
    It may not be possible to write a single definition that is 
accurate for all purposes, but BXA will make its best effort to respond 
to the concerns raised by the public comments.
    BXA will consider requests for confidential treatment. The 
information for which confidential treatment is requested should be 
submitted to BXA separately from any non-confidential information 
submitted. The top of each page should be marked with the term 
``Confidential Information.'' If the submission fails to meet the 
standards for confidential treatment, BXA will return it. A non-
confidential summary must accompany such submissions of confidential 
information. The summary will be made available for public inspection.
    Information accepted by BXA as confidential will be protected from 
public disclosure to the extent permitted by law. Communications 
between agencies of the United States Government or with foreign 
governments will not be made available for public inspection.
    All other information relating to the notice will be a matter of 
public record and will be available for public inspection and copying. 
In the interest of accuracy and completeness, BXA requires written 
comments. 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.
    The public record concerning these comments will be maintained in 
the Freedom of Information Records Inspection Facility, Room 4525, U.S. 
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 inspection and copying of records at this 
facility may be obtained from Margaret Cornejo, BXA Freedom of 
Information Officer, at the above address or by calling [phone].

    Dated: October 20, 1997.
William V. Skidmore,
Acting Assistant Secretary for Export Administration.
[FR Doc. 97-28649 Filed 10-28-97; 8:45 am]
BILLING CODE 3510-33-P