21 January 1999 Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html ----------------------------------------------------------------------- [Federal Register: January 21, 1999 (Volume 64, Number 13)] [Rules and Regulations] [Page 3213-3214] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr21ja99-10] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Export Administration 15 CFR Parts 742 and 743 [Docket No. 980911233-9007-03] RIN 0694-AB80 Correction to Encryption Items AGENCY: Bureau of Export Administration, Commerce. ACTION: Interim rule. ----------------------------------------------------------------------- SUMMARY: On December 31, 1998 (63 FR 72156), the Bureau of Export Administration published an interim rule revising the Export Administration Regulations (EAR) to streamline U.S. controls for exports and reexports of encryption commodities and software. This revision implemented the Administration's September 1998 policy initiative for exports and reexports of encryption commodities and software to U.S. subsidiaries, insurance companies, health and medical end-users, on-line merchants and foreign commercial firms. This regulation amends the EAR by correcting three inadvertent typographic errors in the Encryption Items regulation which appeared in the Federal Register on December 31, 1998. EFFECTIVE DATE: This rule is effective January 21, 1999. FOR FURTHER INFORMATION CONTACT: Frank Ruggiero, Regulatory Policy Division, Bureau of Export Administration, Telephone: (202) 482-2440. SUPPLEMENTARY INFORMATION: On December 31, 1998, the Bureau of Export Administration published a regulation updating its encryption policy. This regulation corrects three typographical errors in that notice. 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 in Executive Order 12924 of August 19, 1994, as extended by the President's notices of August 15, 1995 (60 FR 42767), August 14, 1996 (61 FR 42527), August 13, 1997 (62 FR 43629) and August 13, 1998 (63 FR 44121). Rulemaking Requirements 1. This interim rule has been determined to not be significant for purposes of E.O. 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 contains 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 0694-0088, ``Multi-Purpose Application,'' which carries a burden hour estimate of 52.5 minutes per submission; and 0694-0104, ``Commercial Encryption Items Transferred from the Department of State to the Department of Commerce.'' The Department has submitted to OMB an emergency request for approval of the changes to the collection of information under OMB control number 0694-0104. Comments on collection 0694-0104 will be accepted until March 1, 1999. 3. This rule does not contain policies with Federalism implications sufficient to warrant preparation of a Federalism assessment under E.O. 12612. 4. 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 [[Page 3214]] States (Sec. 5 U.S.C. 553(a)(1)). Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this interim final rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 5 U.S.C. or by any other law, the requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq. ) are not applicable. List of Subjects 15 CFR Part 742 Exports, Foreign trade, Terrorism. 15 CFR Part 743 Administrative practice and procedure, Exports, Foreign trade, Reporting and recordkeeping requirements. Accordingly, parts 742 and 743 of the Export Administration Regulations (15 CFR parts 730-799) are amended as follows: 1. The authority citation for 15 CFR part 742 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 18 U.S.C. 2510 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 3 CFR, 1993 Comp., p. 608; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 12938, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 3 CFR, 1996 Comp. p. 219; E.O. 13026, 3 CFR, 1996 Comp., p. 228; Notice of August 13, 1997, 3 CFR, 1997 Comp., p. 306; Notice of August 13, 1998 (63 FR 44121, August 17, 1998). 2. The authority citation for 15 CFR part 743 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; Notice of August 17, 1998 (63 FR 55121, August 17, 1998). PART 742--[CORRECTED] Sec. 742.15 [Corrected] 3. Section 742.15 is amended by revising the second ``v'' paragraph designation in paragraph (b)(6) to read ``vi''. 4. Supplement No. 4 to Part 742 is amended by revising the title of the supplement to read ``Key Escrow or Key Recovery Products Criteria''. PART 743--[CORRECTED] Sec. 743.1 [Corrected] 5. Section 743.1 is amended by revising the phrase ``ENC'' in the first sentence of paragraph (b) to read ``and GOV''. Eileen M. Albanese, Director, Office of Exporter Services. [FR Doc. 99-1344 Filed 1-20-99; 8:45 am] BILLING CODE 3510-33-P