[Federal Register Volume 61, Number 31 (Wednesday, February 14, 1996)]
[Rules and Regulations]
[Pages 5677-5678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3201]
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DEPARTMENT OF COMMERCE
Bureau of Export Administration
15 CFR Parts 771, 776, and 799
[Docket No. 960205023-6023-01]
RIN 0694-AA38
Expansion of General License GFW; Editorial Corrections to the
Export Administration Regulations
AGENCY: Bureau of Export Administration, Commerce.
ACTION: Final rule.
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SUMMARY: This final rule revises the Export Administration Regulations
(EAR) by expanding General License GFW eligibility to include certain
semiconductor manufacturing equipment controlled under ECCN 3B01A,
except a.2., a.3., e. and f. The expansion of General License GFW to
include these items is expected to result in a decrease in the number
of license applications submitted, thereby reducing the paperwork
burden on exporters.
This final rule also makes three editorial corrections to the EAR
to correct inconsistencies which appeared in an interim rule titled
``Revisions to the Export Administration Regulations: Reform of
Computer Export Controls; Establishment of General License G-CTP'',
which was published in the Federal Register on January 25, 1996.
EFFECTIVE DATE: This rule is effective February 14, 1996.
FOR FURTHER INFORMATION CONTACT: For questions of a general nature,
call Nancy Crowe, Bureau of Export Administration, Regulatory Policy
Division, Telephone: (202) 482-2440.
For questions of a technical nature call Jerry Beiter, Bureau of
Export Administration, Telephone: (202) 482-6105.
SUPPLEMENTARY INFORMATION:
Background
This rule expands GFW eligibility to include semiconductor
manufacturing equipment controlled under ECCN 3B01A, except a.2. (metal
organic chemical vapour deposition reactors), a.3. (molecular beam
epitaxial growth equipment using gas sources), e. (automatic loading
multi-chamber central wafer handling systems only if connected to
equipment controlled by a.2., a.3., and f.), and f. (lithography
equipment).
General License GFW is eligible for exports of certain commodities
subject to national security controls. Shipments of eligible
commodities may be made to
[[Page 5678]]
any destination in Country Groups T or V, except the People's Republic
of China (PRC), Iran and Syria, subject to the provisions of
Sec. 771.23 of the EAR and the prohibitions on General License
shipments contained in Sec. 771.2(c) of the EAR.
This final rule also makes three editorial corrections to the EAR
to correct inconsistencies that appeared in an interim rule titled
``Revisions to the Export Administration Regulations: Reform of
Computer Export Controls; Establishment of General License G-CTP'',
which was published in the Federal Register on January 25, 1996 (61 FR
2099). This final rule revises Sec. 771.28(a) by revising the phrase
``equipment performing analog-to-digital or digital-to-analog
conversions'' to read ``equipment performing analog-to-digital
conversions''. This change will conform Sec. 771.28(a) with the
controls under ECCN 4A03.e on the CCL. This rule revises
Secs. 771.28(d)(1) and 776.19(f)(1) by removing ``Laos'' from the list
of countries in Tier 3. Laos appeared in both Tier 2 and Tier 3 in the
January 25 rule. With the changes in this rule, Laos will correctly be
retained in Tier 2.
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 42676).
Rulemaking Requirements
1. This final rule has been determined to be not significant for
the purposes of Executive Order 12866.
2. 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. 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, 0694-0007, 0694-0010, 0694-0013, and 0694-0073.
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 the
Administrative Procedure Act (5 U.S.C. 553) or by any other law, under
sections 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 military and foreign affairs
function of the United States. Further, no other law requires that a
notice of proposed rulemaking and an opportunity for public comment be
given for this rule.
List of Subjects in 15 CFR Parts 771, 776, and 799
Exports, Reporting and recordkeeping requirements.
Accordingly, Parts 771, 776, and 799 of the Export Administration
Regulations (15 CFR Parts 730-799) are amended as follows:
1. The authority citations for 15 CFR Parts 771 and 799 continue 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); notice of August 15, 1995 (60 FR
42767); and E.O. 12938 of November 14, 1994 (59 FR 59099 of November
16, 1994).
2. The authority citation for 15 CFR Part 776 continues to read as
follows:
Authority: Pub. L. 90-351, 82 Stat. 197 (18 U.S.C. 2510 et
seq.), 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); 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); 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. 12867 of
September 30, 1993 (58 FR 51747 of October 4, 1993); E.O. 12924 of
August 19, 1994 (59 FR 43437, August 23, 1994); notice of August 15,
1995 (60 FR 42767); and E.O. 12938 of November 14, 1994 (59 FR 59099
of November 16, 1994).
PART 771--[AMENDED]
Sec. 771.28 [Amended]
3. In Sec. 771.28(a), the second sentence is amended by revising
the phrase ``equipment performing analog-to-digital or digital-to-
analog conversions'' to read ``equipment performing analog-to-digital
conversions''.
4. Section 771.28(d)(1) is amended by removing ``Laos,'' from the
list of countries.
PART 776--[AMENDED]
Sec. 776.10 [Amended]
5. Section 776.10(f)(1) is amended by removing ``Laos,'' from the
list of countries.
PART 799--[AMENDED]
Supplement No. 1 to Sec. 799.1 [Amended]
6. In Supplement No. 1 to Sec. 799.1, Category 3 (Electronics
Design, Development and Production), ECCN 3B01A is amended by revising
the heading and the Requirements section to read as follows:
3B01A Equipment for the manufacture or testing of semiconductor
devices or materials, as follows, and specially designed components
and accessories therefor.
Requirements
Validated License Required: QSTVWYZ
Unit: Number
Reason for Control: NS
GLV: $500
GCT: Yes
GFW: Yes, except a.2, a.3, e. (only if connected to equipment
controlled by a.2., a.3., and f.), and f.
* * * * *
Dated: February 8, 1996.
Sue E. Eckert,
Assistant Secretary for Export Administration.
[FR Doc. 96-3201 Filed 2-13-96; 8:45 am]
BILLING CODE 3510-DT-P
