[Federal Register Volume 75, Number 115 (Wednesday, June 16, 2010)]
[Rules and Regulations]
[Pages 33989-33990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14432]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 75, No. 115 / Wednesday, June 16, 2010 /
Rules and Regulations
[[Page 33989]]
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 0907271167-0246-02]
RIN 0694-AE69
Export Administration Regulations: Technical Corrections
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule; correcting amendments.
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SUMMARY: This rule corrects two typographical errors that appeared in a
rule published on June 4, 2010. One error is in the License
Requirements section of Export Control Classification Number 2B001 and
the other is in the Technical Note on Adjusted Peak Performance
(``APP'') found at the end of Category 4 on the Commerce Control List.
DATES: This rule is effective June 16, 2010.
FOR FURTHER INFORMATION CONTACT: William H. Arvin, Regulatory Policy
Division, e-mail [email protected], telephone (202) 482-2440.
SUPPLEMENTARY INFORMATION:
Background
On June 4, 2010, the Bureau of Industry and Security published a
final rule that, inter alia, clarified language regarding certain
performance criteria of turning machines covered by Export Control
Classification Number (ECCN) 2B001 and replaced a subscript with a
superscript to properly express exponentiation in the definition of
Adjusted Peak Performance in a technical note at the end of Category 4
on the Commerce Control List (75 FR 31678, June 4, 2010). That notice
contained two typographical errors. The first described the national
security control for ECCN 2B001 as NS Column 1 on the EAR Country Chart
(15 CFR part 738, Supp. No. 1). The correct national security control
for ECCN 2B001 is NS Column 2. The second did not enclose the
abbreviation ``APP'' in double quotation marks. This rule corrects both
errors.
Rulemaking Requirements
1. This rule is not a significant rule 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, unless that collection of
information displays a currently valid Office of Management and Budget
Control Number. This rule involves a collection of information that has
been approved by the OMB under control number 0694-0088, which carries
a burden hour estimate of 58 minutes to prepare and submit form BIS-
748. Miscellaneous and recordkeeping activities account for 12 minutes
per submission. BIS believes that this rule will make no change to the
number of submissions or to the burden imposed by this collection.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. BIS finds that there is good cause under 5 U.S.C. 553(b)(3)(B)
to waive the provisions of the Administrative Procedure Act requiring
prior notice and the opportunity for public comment because these
revisions are administrative in nature and do not affect the rights and
obligations of the public; therefore allowing prior notice and comment
on these rules is unnecessary. In addition, the 30-day delay in
effectiveness required by 5 U.S.C. 553(d) is not applicable here
because this rule is not a substantive rule, but merely makes technical
changes to the regulations. No other law requires that notice of
proposed rulemaking and an opportunity for public comment be given for
this rule; therefore, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable.
List of Subjects in 15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
0
Accordingly, the Export Administration Regulations (15 CFR parts 730-
774) are amended as follows:
PART 774--[AMENDED]
0
1. 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 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;
22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; 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 13, 2009 (74 FR 41,325 (August 14, 2009)).
0
2. In Supplement No. 1 to part 774:
0
a. In Category 2, Export Control Classification Number 2B001, revise
the ``Controls'' paragraph of the ``License Requirements'' section.
0
b. In Category 4, the Technical Note on ``Adjusted Peak Performance''
(``APP'') that appears at the end of Category 4, revise the definition
of ``APP'' that appears under the heading ``Abbreviations Used in This
Technical Note''.
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
2B001 Machine tools and any combination thereof, for removing (or
cutting) metals, ceramics or ``composites'', which, according to the
manufacturer's technical specifications, can be equipped with
electronic devices for ``numerical control''; and specially designed
components as follows (see List of Items Controlled).
License Requirements
Reason for Control: NS, NP, AT
Control(s) Country Chart
NS applies to entire entry............. NS Column 2
[[Page 33990]]
NP applies to 2B001.a, .b, .c, and .d, NP Column 1
EXCEPT: (1) Turning machines under
2B001.a with a capacity no greater
than 35 mm diameter; (2) bar machines
(Swissturn), limited to machining only
bar feed through, if maximum bar
diameter is equal to or less than 42
mm and there is no capability of
mounting chucks. (Machines may have
drilling and/or milling capabilities
for machining parts with diameters
less than 42 mm); or (3) milling
machines under 2B001.b.with x-axis
travel greater than two meters and
overall ``positioning accuracy'' on
the x-axis more (worse) than 0.030 mm
AT applies to entire entry............. AT Column 1
* * * * *
Category 4--Computers
* * * * *
Technical Note on ``Adjusted Peak Performance'' (``APP'')
* * * * *
Abbreviations Used in This Technical Note
* * * * *
``APP'' is expressed in Weighted TeraFLOPS (WT) in units of
10\12\ adjusted floating point operations per second.
* * * * *
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2010-14432 Filed 6-15-10; 8:45 am]
BILLING CODE 3510-33-P