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

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.

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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: (202) 482-6105.

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

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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 (202) 482-2593.

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