Correction to Encryption Items

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.

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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