Expansion of General License GFW; Editorial Corrections to the Export Administration Regulations

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

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