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69432 Federal Register / Vol. 70, No.

220 / Wednesday, November 16, 2005 / Rules and Regulations

Alternative Methods of Compliance in the Federal Register on October 18, DEPARTMENT OF COMMERCE
(AMOCs) 2005 (70 FR 60424), Airspace Docket
(g)(1) The Manager, International Branch, No. 05–ASW–1. In that rule, the Bureau of Industry and Security
ANM–116, Transport Airplane Directorate, effective date was inadvertently
FAA, has the authority to approve AMOCs 15 CFR Parts 740, 742, 772 and 774
published as December 22, 2005. This
for this AD, if requested in accordance with
the procedures found in 14 CFR 39.19. action changes the effective date to [Docket No. 051028279–5279–01]
(2) Before using any AMOC approved in April 13, 2006.
RIN 0694–AD57
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the EFFECTIVE DATE: In the final rule
appropriate principal inspector in the FAA published October 18, 2005 (70 FR Establishment of New License
Flight Standards Certificate Holding District 60424), the effective date is corrected to Exception for the Export or Reexport
Office. read April 13, 2006. to U.S. Persons in Libya of Certain
Items Controlled for Anti-Terrorism
Related Information FOR FURTHER INFORMATION CONTACT: Reasons Only on the Commerce
(h) British airworthiness directive G–2004– Steve Rohring, Airspace and Rules, Control List
0012, dated June 21, 2004, also addresses the Office of System Operations Airspace
subject of this AD. and AIM, Federal Aviation AGENCY: Bureau of Industry and
Security, Commerce.
Material Incorporated by Reference Administration, 800 Independence
ACTION: Interim rule with request for
(i) You must use Airbus UK BAC One- Avenue, SW., Washington, DC 20591;
Eleven Alert Service Bulletin 28–A–PM6057, telephone: (202) 267–8783. comments.
Issue 1, dated May 10, 2004, to perform the SUMMARY: In this interim rule, the
actions that are required by this AD, unless SUPPLEMENTARY INFORMATION:
the AD specifies otherwise. The Director of
Bureau of Industry and Security (BIS)
the Federal Register approved the
History amends the Export Administration
incorporation by reference of this document Regulations (EAR) to implement
On October 18, 2005, a final rule was changes to export and reexport controls
in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Contact British Aerospace, Service published in the Federal Register (70 with respect to Libya. Specifically, in
Support, Airbus Limited, P.O. Box 77, Bristol FR 60424), Airspace Docket No. 05– this rule, BIS establishes a License
BS99 7AR, England, for a copy of this service ASW–1. This rule revised Jet Routes J– Exception authorizing the export or
information. You may review copies at the 8, J–18, J–19, J–58, J–76, J–104 and J– reexport to U.S. persons in Libya of
Docket Management Facility, U.S. 244; and VOR Federal Airways V–60,
Department of Transportation, 400 Seventh
certain items listed on the Commerce
V–190, V–263 and V–611; Las Vegas, Control List and controlled for anti-
Street, SW., room PL–401, Nassif Building,
Washington, DC; on the Internet at http:// NM. In that rule, the effective date was terrorism (AT) reasons only. This rule is
dms.dot.gov; or at the National Archives and inadvertently published as December consistent with the President’s decision
Records Administration (NARA). For 22, 2005. This action changes the to modify United States’ sanctions
information on the availability of this effective date to April 13, 2006. against Libya, in response to Libya’s
material at the NARA, call (202) 741–6030, continuing efforts to dismantle its
or go to http://www.archives.gov/ Delay of Effective Date weapons of mass destruction (WMD)
federal_register/code_of_federal_regulations/
ibr_locations.html. Accordingly, pursuant to the and missile programs and its
authority delegated to me, the effective renunciation of terrorism.
Issued in Renton, Washington, on
date for Airspace Docket No. 05–ASW– DATES: This rule is effective November
November 7, 2005.
1, as published in the Federal Register 16, 2005. Comments must be received
Kalene C. Yanamura,
on October 18, 2005 (70 FR 60424), on or before December 16, 2005.
Acting Manager, Transport Airplane
Airspace Docket No. 05–ASW–1, is ADDRESSES: Written comments on this
Directorate, Aircraft Certification Service.
hereby delayed from December 22, 2005 rule may be sent to the Federal
[FR Doc. 05–22592 Filed 11–15–05; 8:45 am]
to April 13, 2006. eRulemaking Portal: http://
BILLING CODE 4910–13–P
www.regulations.gov, or by e-mail to
Authority: 49 U.S.C. 106(g), 40103, 40113, publiccomments@bis.doc.gov. Include
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– RIN 0694–AD57 in the subject line of
DEPARTMENT OF TRANSPORTATION 1963 Comp., p. 389. the message. Comments may be
Federal Aviation Administration Issued in Washington, DC, on November 4, submitted by mail or hand delivery to
2005. Sheila Quarterman, Office of Exporter
14 CFR Part 71 Edith V. Parish, Services, Regulatory Policy Division,
Manager, Airspace and Rules. Bureau of Industry and Security,
[Docket No. FAA–2005–22421; Airspace Department of Commerce, 14th &
Docket No. 05–ASW–1] [FR Doc. 05–22578 Filed 11–15–05; 8:45 am]
Pennsylvania Avenue, NW., Room 2705,
BILLING CODE 4910–13–P
RIN 2120–AA66 Washington, DC 20230, ATTN: RIN
0694–AD57; or by fax: 202–482–3355.
Revision of Jet Routes J–8, J–18, J–19, Send comments regarding the
J–58, J–76, J–104 and J–244; and VOR collection of information to David
Federal Airways V–60, V–190, V–263 Rostker, Office of Management and
and V–611; Las Vegas, NM Budget (OMB), by e-mail to
AGENCY: Federal Aviation David_Rostker@omb.eop.gov, or by fax
Administration (FAA), DOT. to (202) 395–7285.
ACTION: Final rule; delay of effective FOR FURTHER INFORMATION CONTACT: Joan
date. Roberts, Director, Foreign Policy
Division, Office of Nonproliferation and
SUMMARY: This action changes the Treaty Compliance, Bureau of Industry
effective date of a final rule published and Security, Department of Commerce,

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Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 69433

P.O. Box 273, Washington, DC 20044; United States Persons In Libya (USPL), Application,’’ which carries a burden
Telephone: (202) 482–4252, or E-mail: as set forth in new section 740.19 of the hour estimate of 58 minutes to prepare
jroberts@bis.doc.gov. EAR, when those items are exported or and submit form BIS–748. This rule is
SUPPLEMENTARY INFORMATION:
reexported to Libya consigned to and for expected to result in a small decrease in
use by U.S. persons and their employees license applications.
Background only. The definition of U.S. person set 3. This rule does not contain policies
In this rule, the Bureau of Industry forth in part 772 of the EAR is with federalism implications sufficient
and Security (BIS) amends the Export applicable to this new provision. to warrant preparation of a federalism
Items exported or reexported to Libya assessment under Executive Order
Administration Regulations (EAR) by
pursuant to the new License Exception 13132.
creating a new License Exception
USPL may only be used by U.S. persons 4. The provisions of the
authorizing the export or reexport of Administrative Procedure Act (5 U.S.C.
or by non-U.S. person employees within
certain items controlled for anti- 553) requiring notice of proposed
the scope of their employment and must
terrorism (AT) reasons only on the rulemaking, the opportunity for public
remain under the control and
Commerce Control List (CCL) to U.S. participation, and a delay in effective
supervision of the U.S. person
persons in Libya. In consultation with date, are inapplicable because this
employer. They may not be transferred
U.S. industry, BIS has identified certain regulation involves a military or foreign
to non-U.S. persons in Libya.
items controlled for AT reasons only Additionally, items exported or affairs function of the United States (see
which are essential for undertaking reexported to Libya pursuant to License 5 U.S.C. 553(a)(1)). Further, no other
business or professional activities, Exception USPL and not consumed or law requires that a notice of proposed
including humanitarian activities, in destroyed in the ordinary course of rulemaking and an opportunity for
Libya. Excepting these items from business may be returned to the United public comment be given for this rule.
license requirements, when consigned States without authorization from BIS, Because a notice of proposed
to and for use by U.S. persons or their or such items may be reexported to a rulemaking and an opportunity for
employees only, would facilitate the third country consistent with the public comment are not required to be
ability of U.S. persons to do business in provisions of the EAR applicable to given for this rule by 5 U.S.C. 553, or
Libya without adversely jeopardizing such reexports, which in some cases by any other law, the analytical
U.S. national security or foreign policy may require authorization from BIS. requirements of the Regulatory
interests with respect to Libya. Libya remains on the list of state Flexibility Act, 5 U.S.C. 601 et seq., are
This rule is consistent with the sponsors of terrorism, and, therefore, it not applicable.
President’s April 23, 2004, decision to is appropriate for the United States to However, because of the importance
modify United States’ sanctions against continue to require a license for the of the issues raised by these regulations,
Libya, in response to Libya’s continuing export or reexport to non-U.S. persons this rule is being issued in interim form
efforts to dismantle its weapons of mass in Libya of AT-controlled items, as set and BIS will consider comments in the
destruction and missile programs and forth in section 742.20. Further, AT- development of the final regulations.
its renunciation of terrorism. controlled items not specifically Accordingly, the Department of
Establishment of New License identified as eligible under License Commerce (the Department) encourages
Exception USPL Exception USPL continue to require a interested persons who wish to
license if exported or reexported to U.S. comment to do so at the earliest possible
BIS has determined that a change in persons in Libya. time to permit the fullest consideration
policy is warranted for certain AT- Although the Export Administration of their views.
controlled items that are essential for Act of 1979 (EAA), as amended, expired The period for submission of
U.S. persons conducting business or on August 20, 2001, Executive Order comments will close December 16,
professional activities in Libya. In 13222 of August 17, 2001 (3 CFR 2001 2005. The Department will consider all
drafting this rule, BIS considered a Comp., p. 783 (2002)) as extended by comments received before the close of
range of items controlled for AT reasons the Notice of August 2, 2005 (70 FR the comment period in developing final
only and identified those that could be 45273, August 5, 2005), continues the regulations. Comments received after
excepted from license requirements EAR in effect under the International the end of the comment period will be
when exported or reexported for the Emergency Economic Powers Act considered if possible, but their
exclusive use of U.S. persons in Libya (IEEPA). consideration cannot be assured. The
or their employees (within the scope of Department will not accept public
their employment). These items are Rulemaking Requirements comments accompanied by a request
widely available outside the United 1. This interim rule has been that a part or all of the material be
States, and have a low likelihood to determined to be not significant for the treated confidentially because of its
contribute significantly to terrorism or purposes of Executive Order 12866. business proprietary nature or for any
WMD-related activities in Libya. Items 2. Notwithstanding any other other reason. The Department will
classified under Export Control provision of law, no person is required return such comments and materials to
Classification Numbers (ECCNs) 2A994 to respond to nor be subject to a penalty the persons submitting the comments
(portable generators), 5A992 (encryption for failure to comply with a collection and will not consider them in the
hardware), 5D992 (‘‘Information of information, subject to the development of final regulations. All
Security’’ ‘‘software’’ not controlled by requirements of the Paperwork public comments on these regulations
5D002) and 9A990 (diesel engines), and Reduction Act of 1995 (44 U.S.C. 3501 will be a matter of public record and
certain items classified under ECCNs et seq.) (PRA), unless that collection of will be available for public inspection
3A991 (electronic devices), 3A992 information displays a currently valid and copying. In the interest of accuracy
(electronic equipment), 3B992 (test and Office of Management and Budget and completeness, the Department
inspection equipment for electronic (OMB) Control Number. This regulation requires comments in written form.
components), 4A994 (computers), involves collections previously Oral comments must be followed by
5A991 (telecommunications equipment) approved by the OMB under control written memoranda, which will also be
are eligible for new License Exception numbers 0694–0088, ‘‘Multi-Purpose a matter of public record and will be

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69434 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations

available for public review and copying. (v) 5A991.b.2, 5A991.b.3, 5A991.b.4, § 772.1 Definitions of terms as used in the
Communications from agencies of the 5A991.b.7, 5A991.c.1 through c.9, Export Administration Regulations (EAR).
United States Government or foreign 5A991.e, 5A991.g and 5A991.h. * * * * *
governments will not be available for (b) Additional restrictions. Items U.S. Person. (a) For purposes of
public inspection. exported or reexported to Libya §§ 740.19, 744.6, 744.10, 744.11, 744.12,
The Office of Administration, Bureau pursuant to this License Exception must 744.13 and 744.14 of the EAR, the term
of Industry and Security, U.S. be consigned to and for exclusive use in U.S. person includes:
Department of Commerce, displays business or professional activities * * * * *
these public comments on BIS’s (including humanitarian activities) by
Freedom of Information Act (FOIA) Web U.S. persons or their employees only, PART 774—[AMENDED]
site at http://www.bos.doc.gov/foia. This and must remain under the control and
office does not maintain a separate supervision of the U.S. person ■ 7. The authority citation for 15 CFR
public inspection facility. If you have employer. part 774 continues to read as follows:
technical difficulties accessing this Web (c) Definition of U.S. person. See part
Authority: 50 U.S.C. app. 2401 et seq.; 50
site, please call BIS’s Office of 772 of the EAR. U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
Administration at (202) 482–0637 for 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C.
assistance. PART 742—[AMENDED] 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
List of Subjects ■ 3. The authority citation for 15 CFR U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app.
15 CFR Part 740 part 742 continues to read as follows: 466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L.
Authority: 50 U.S.C. app. 2401 et seq.; 50 106–387; Sec. 221, Pub. L. 107–56; E.O.
Administrative practice and U.S.C. 1701 et seq.; 18 U.S.C. 2510 et seq.; 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
procedure, Exports, Reporting and 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; Sec. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
recordkeeping requirements. 901–911, Pub. L. 106–387; Sec. 221, Pub. L. Comp., p. 783; Notice of August 2, 2005, 70
107–56; Sec 1503, Pub. L. 108–11,117 Stat. FR 45273 (August 5, 2005).
15 CFR Parts 742 and 774
559; E.O. 12058, 43 FR 20947, 3 CFR, 1978
Exports, Foreign trade. Supplement No. 1 to Part 774
Comp., p. 179; E.O. 12851, 58 FR 33181, 3
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR [Amended]
15 CFR Part 772 59099, 3 CFR, 1994 Comp., p. 950; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p. ■ 8. In Supplement No. 1 to part 774
Exports. (the Commerce Control List), Category
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
■ Accordingly, parts 740, 742, 772 and Comp., p. 783; Presidential Determination 2—Materials Processing, Export Control
774 of the Export Administration 2003–23 of May 7, 2003, 68 FR 26459, May Classification Number (ECCN) 2A994 is
Regulations (15 CFR parts 730–799) are 16, 2003; Notice of November 4, 2004, 69 FR amended by revising the License
amended as follows: 64637, 3 CFR, 2004 Comp., p. 303; Notice of Requirements section to read as follows:
August 2, 2005, 70 FR 45273 (August 5,
PART 740—[AMENDED] 2005). 2A994 Portable electric generators and
specially designed parts.
■ 1. The authority citation for 15 CFR ■ 4. Section 742.20 is amended by License Requirements
part 740 continues to read as follows: revising paragraph (a)(1) to read as Reason for Control: AT.
Authority: 50 U.S.C. app. 2401 et seq.; 50 follows: Control(s). AT applies to entire entry. A
U.S.C. 1701 et seq.; Sec. 901–911, Pub. L. § 742.20 Anti-terrorism: Libya license is required for items controlled by
106–387; E.O. 13026, 61 FR 58767, 3 CFR, this entry to Cuba, Iran, Libya and North
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, (a) License requirements. (1) If AT Korea. The Commerce Country Chart is not
3 CFR, 2001 Comp., p. 783; Notice of August Column 1 of the Country Chart designed to determine licensing requirements
2, 2005, 70 FR 45273 (August 5, 2005). (Supplement No. 1 to part 738 of the for this entry. See part 746 of the EAR for
EAR) is indicated in the appropriate additional information on Cuba and Iran. See
■ 2. Add new § 740.19 to read as ECCN, or the License Requirements §§ 740.19 and 742.20 of the EAR for
follows: Section of an ECCN on the Commerce additional information on Libya. See § 742.19
Control List (Supplement No. 1 to part of the EAR for additional information on
§ 740.19 United States persons in Libya North Korea.
(USPL). 774 of the EAR) indicates that such an
ECCN is otherwise controlled to Libya * * * * *
(a) Scope. This License Exception
authorizes exports and reexports to U.S. for AT reasons without reference to a ■ 9. In Supplement No. 1 to part 774
persons in Libya of items controlled for particular column on the Country Chart, (the Commerce Control List), Category
AT reasons only under the following BIS requires a license for export and 3—Electronics, Export Control
ECCNs as described: reexport to Libya for antiterrorism Classification Number (ECCN) 3A991 is
(1) All items controlled under the purposes. Also see § 740.19 of the EAR. amended by revising the License
following ECCNs: * * * * * Requirements section to read as follows:
(i) 2A994; 3A991 Electronic devices and components
(ii) 5A992; PART 772—[AMENDED] not controlled by 3A001.
(iii) 5D992; and ■ 5. The authority citation for 15 CFR License Requirements
(iv) 9A990. part 772 continues to read as follows: Reason for Control: AT.
(2) Other items, as follows:
(i) 3A991.a through 3A991.j, and Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, Control(s) Country chart
3A991.n;
3 CFR, 2001 Comp., p. 783; Notice of August
(ii) 3A992.b.1, 3A992.b.2 and 2, 2005, 70 FR 45273 (August 5, 2005). AT applies to entire entry ...... AT Column 1.
3A992.c;
(iii) 3B992.b; ■ 6. Paragraph (a) introductory text of See §§ 740.19 and 742.20 of the EAR for
(iv) 4A994, for items with CTP levels the definition for U.S. Person in § 772.1 additional information on Libya.
up to 12,000 MTOPS; and is amended to read as follows: * * * * *

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Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 69435

■ 10. In Supplement No. 1 to part 774 5A991 Telecommunication equipment, not Control(s) Country chart
(the Commerce Control List), Category controlled by 5A001.
3—Electronics, Export Control License Requirements AT applies to entire entry ex- AT Column 1.
Classification Number (ECCN) 3A992 is Reason for Control: AT. cept 9A990.a.
amended by revising the License AT applies to 9A990.a only ... AT Column 2.
Requirements section to read as follows: Control(s) Country chart
See §§ 740.19 and 742.20 of the EAR for
3A992 General purpose electronic additional information on Libya.
AT applies to entire entry ...... AT Column 1.
equipment not controlled by 3A002. * * * * *
License Requirements See §§ 740.19 and 742.20 of the EAR for Dated: November 9, 2005.
Reason for Control: AT. additional information on Libya.
Matthew S. Borman,
* * * * * Deputy Assistant Secretary for Export
Control(s) Country chart
■ 14. In Supplement No. 1 to part 774 Administration.
AT applies to entire entry ...... AT Column 1. (the Commerce Control List), Category [FR Doc. 05–22674 Filed 11–15–05; 8:45 am]
5—Telecommunications and BILLING CODE 3510–33–P
See §§ 740.19 and 742.20 of the EAR for ‘‘Information Security’’—Information
additional information on Libya. Security, Export Control Classification
* * * * * Number (ECCN) 5A992 is amended by DEPARTMENT OF HEALTH AND
■ 11. In Supplement No. 1 to part 774 revising the License Requirements HUMAN SERVICES
(the Commerce Control List), Category section to read as follows:
3—Electronics, Export Control Food and Drug Administration
5A992 Equipment not controlled by 5A002.
Classification Number (ECCN) 3B992 is License Requirements
amended by revising the License 21 CFR Part 172
Reason for Control: AT.
Requirements section to read as follows: [Docket No. 2004F–0374]
3B992 Equipment not controlled by 3B002 Control(s) Country chart
for the inspection or testing of Electronic
Food Additives Permitted for Direct
components and materials, and specially AT applies to 5A992.a .......... AT Column 1. Addition to Food for Human
designed components and accessories AT applies to 5A992.b .......... AT Column 2. Consumption; Vitamin D3
therefor. AGENCY: Food and Drug Administration,
License Requirements See §§ 740.19 and 742.20 of the EAR for
HHS.
additional information on Libya.
Reason for Control: AT. ACTION: Final rule.
* * * * *
Control(s) Country chart ■ 15. In Supplement No. 1 to part 774 SUMMARY: The Food and Drug
(the Commerce Control List), Category Administration (FDA) is amending the
AT applies to entire entry ...... AT Column 1. 5—Telecommunications and food additive regulations to provide for
‘‘Information Security’’—Information the safe use of vitamin D3 as a nutrient
See §§ 740.19 and 742.20 of the EAR for supplement in cheese and cheese
additional information on Libya.
Security, Export Control Classification
Number (ECCN) 5D992 is amended by products at a level above that currently
* * * * * revising the License Requirements allowed by the regulations. This action
■ 12. In Supplement No. 1 to part 774 section to read as follows: is in response to a petition filed by Kraft
(the Commerce Control List), Category Foods Global, Inc. (Kraft).
5D992 ‘‘Information Security’’ ‘‘software’’
4—Computers, Export Control not controlled by 5D002. DATES: This rule is effective November
Classification Number (ECCN) 4A994 is 16, 2005. Submit written or electronic
amended by revising the License License Requirements
objections and requests for a hearing by
Requirements section to read as follows: Reason for Control: AT. December 16, 2005. See Section VI of
4A994 Computers, ‘‘electronic assemblies’’, this document for information on the
Control(s) Country chart filing of objections.
and related equipment not controlled by
4A001 or 4A003, and specially designed AT applies to 5D992.a.1 and AT Column 1. ADDRESSES: You may submit written
components therefor. .b.1. objections and requests for a hearing,
License Requirements AT applies to 5D992.a.2, b.2 AT Column 2. identified by Docket No. 2004F–0374,
Reason for Control: AT. and c. by any of the following methods:

See §§ 740.19 and 742.20 of the EAR for Electronic Submissions


Control(s) Country chart
additional information on Libya. Submit electronic objections in the
AT applies to entire entry ...... AT Column 1. * * * * * following ways:
• Federal eRulemaking Portal: http://
See §§ 740.19 and 742.20 of the EAR for ■ 16. In Supplement No. 1 to part 774 www.regulations.gov.
additional information on Libya. (the Commerce Control List), Category Follow the instructions for submitting
9—Propulsion Systems, Space Vehicles comments.
* * * * *
and Related Equipment, Export Control • Agency Web site: http://
■ 13. In Supplement No. 1 to part 774 Classification Number (ECCN) 9A990 is www.fda.gov/dockets/ecomments.
(the Commerce Control List), Category amended by revising the License
5—Telecommunications and Requirements section to read as follows: Written Submissions
Information Security’’— Submit written submissions in the
Telecommunications, Export Control 9A990 Diesel engines, n.e.s., and tractors
and specially designed parts therefor, n.e.s. following ways:
Classification Number (ECCN) 5A991 is • FAX: 301–827–6870.
amended by revising the License License Requirements • Mail/Hand delivery/Courier [For
Requirements section to read as follows: Reason for Control: AT. paper, disk, or CD–ROM submissions]:

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