[Federal Register: January 29, 2007 (Volume 72, Number 18)]
[Rules and Regulations]
[Page 3943-3946]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ja07-9]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 700, 730, 734, 740, 748, 758 and 762
[Docket No. 061212330-6330-01]
RIN 0694-AD88
Technical Corrections to the Export Administration Regulations
and to the Defense Priorities and Allocations System (DPAS) Regulation
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule; technical corrections.
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SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR), in Subchapter C, to remove an
outdated reference to another agency's schedule that is no longer used
by that other agency; to remove an outdated reference to another
department's regulations and replace it with the department name and
regulatory reference that is currently in use; to correct two
references in the EAR that inadvertently directed the public to the
wrong sections of the EAR for further information; and to correct
contact information listed in the EAR for one (1) telephone number; one
(1) fax number; one (1) e-mail address; and two (2) addresses to this
rule adds an e-mail address, fax number, and address to clarify for the
public where de minimis reports should be sent, when required by the
EAR.
BIS is also correcting a typographical error in a final rule
published in the Federal Register on July 13, 2006 (71 FR 39526) that
made administrative and technical corrections to the Defense Priorities
and Allocations System (DPAS) Regulation (15 CFR part 700).
DATES: Effective Date: This rule is effective: January 29, 2007.
ADDRESSES: Although this is a final rule, comments are welcome and
should be sent to publiccomments@bis.doc.gov, fax (202) 482-3355, or to
Regulatory Policy Division, Bureau of Industry and Security, Room
H2705, U.S. Department of Commerce, Washington, DC 20230. Please refer
to regulatory identification number (RIN) 0694-AD88 in all comments,
and in the subject line of email comments. Comments on the collection
of information should be sent to David Rostker, Office of Management
and Budget (OMB), by e-mail to David_Rostker@omb.eop.gov, or by fax to
(202) 395-7285.
FOR FURTHER INFORMATION CONTACT: For Export Administration Regulation
related questions contact Timothy Mooney, Office of Exporter Services,
Bureau of Industry and Security, Telephone: (202) 482-2440. For Defense
Priorities and Allocations System (DPAS) Regulation related questions
contact Liam McMenamin, Office of Strategic Industries and Economic
Security, Bureau of Industry and Security, U.S. Department of Commerce,
Telephone: (202) 482-2233.
SUPPLEMENTARY INFORMATION: This rule makes the following technical
corrections to the Export Administration Regulations (EAR):
In Sec. 734.2 (Important EAR terms and principles), this rule
removes an outdated reference to schedule ``E'' issued by the Bureau of
Census in paragraph (b)(8), because schedule ``E'' has not existed
since 1989. Schedule ``C'' remains in existence and will continue to be
listed in paragraph (b)(8) to provide a reference for the public for
the Classification of Country and Territory Designations for U.S.
Export Statistics, issued by the Bureau of the Census.
In Supplement No. 2 to Part 734 (Calculation of Values for De
minimis Rules), this rule revises paragraph (b)(5) and adds new
paragraphs (b)(5)(i), (b)(5)(ii) and (b)(5)(iii) to add an e-mail
address, fax number, and address, respectively, to clarify for the
public where de minimis reports should be sent when required by the EAR
and the methods of delivery available.
In Sec. 740.12 (Gift Parcels and Humanitarian Donations (GFT)),
this rule corrects an outdated EAR reference in the ``note to paragraph
(a)'', that directed the public to Sec. 748.9(e) of the EAR for
licensing of multiple gift parcels. The correct EAR reference, which
this rule adds to the note to paragraph (a), is Sec. 748.8(d). To
further assist the public, this rule also adds to the note to paragraph
(a) a reference, to Supplement No. 2 to Part 748 paragraph (d), for
additional information regarding gift parcels.
In Sec. 740.14 (Baggage (BAG)), this rule removes an outdated
reference in paragraph (e)(2) to the ``Department of Treasury
Regulations (27 CFR 178.115(d)),'' because these regulations were
renumbered from Part 178 to Part 478 when the law enforcement functions
of Alcohol, Tobacco and Firearms (ATF) under the Department of the
Treasury were transferred to the Department of Justice, effective
January 24, 2003. To conform with these changes, this rule removes the
reference to ``the Department of Treasury's Regulations (27 CFR
178.115(d))'', and adds the updated reference to
[[Page 3944]]
``Department of Justice Regulations (27 CFR 478.115(d))''.
In Sec. 748.2 (Obtaining Forms; Mailing Addresses), this rule
corrects the contact information listed, in the unassigned paragraph of
paragraph (a), for the Bureau of Industry and Security in San Jose,
California. The updated contact information for this office is ``Bureau
of Industry and Security, U.S. Department of Commerce, 96 North 3rd
Street, Suite 250, San Jose, CA 95112 ; Tel: (408) 291-4212; Fax: (408)
291-4320''. To conform with this change made in Sec. 748.2(a), this
rule also corrects Sec. 730.8 (How to proceed and where to get help),
in paragraph (c), by correcting that same reference to the Bureau of
Industry and Security in San Jose, California. Also in Sec. 748.2,
this rule corrects the zip code listed for the Bureau of Industry and
Security in the second sentence of paragraph (c) by removing the zip
code ``20044'' and adding the correct zip code ``20230''.
In Sec. 758.5 (Conformity of Documents and Unloading of Items),
this rule corrects the e-mail address listed in paragraph (e)(2)(ii)
for the Regulatory Policy Division. The correct e-mail address, which
this rule adds to that paragraph, is ``rpd2@bis.doc.gov''.
In Sec. 762.6 (Period of Retention), this rule corrects an
outdated EAR reference in paragraph (b) that, prior to publication of
this rule, had directed the public to Sec. 765.5(c)(4)(ii) for records
pertaining to voluntary disclosures. The correct EAR reference, which
this rule adds to that sentence, is Sec. 764.5(c)(4)(ii).
This rule also makes the following correction to the Defense
Priorities and Allocations System (DPAS) Regulation:
In Schedule I to Part 700--Approved Programs and Delegate Agencies,
there is a typographical error in the form of the word ``and'' in the
N5 Approved Program description. This rule corrects the N5 Approved
Program description to read ``Domestic counter-terrorism, including law
enforcement.''
Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 3, 2006,
(71 FR 44551 (August 7, 2006), has continued the Export Administration
Regulations in effect under the International Emergency Economic Powers
Act (50 U.S.C. 1701-1706 (2000)) (IEEPA).
Rulemaking Requirements
This final rule has been determined to be not 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 a collection of information subject
to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This
collection has been approved by the Office of Management and Budget
under control number 0694-0088, ``Multi-Purpose Application,'' which
carries a burden hour estimate of 58 minutes for a manual or electronic
submission. Send comments regarding these burden estimates or any other
aspect of these collections of information, including suggestions for
reducing the burden, to David Rostker, OMB Desk Officer, by e-mail at
david_roskter@omb.eop.gov or by fax to (202) 395-7285; and to the
Regulatory Policy Division, Bureau of Industry and Security, Department
of Commerce, P.O. Box 273, Washington, DC 20044.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
4. The Department finds that there is good cause under 5 U.S.C. 553
(b)(B) to waive the provisions of the Administrative Procedure Act
requiring prior notice and the opportunity for public comment because
it is unnecessary. The revisions made by this rule are administrative
in nature and do not affect the rights and obligations of the public.
Because these revisions are not substantive changes to the EAR and to
the DPAS, it is unnecessary to provide notice and opportunity for
public comment. In addition, the 30-day delay in effectiveness required
by U.S.C. 553(d) is not applicable because this rule is not a
substantive rule. No other law requires that a notice of proposed
rulemaking and an opportunity for public comment be given for this
rule.
Because notice of proposed rulemaking and opportunity for public
comment are not required to be given for this rule under the
Administrative Procedure Act or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Therefore, this regulation is issued in final form.
Although there is no formal comment period, public comments on this
regulation are welcome on a continuing basis. Comments should be
submitted to Timothy Mooney, Office of Exporter Services, Bureau of
Industry and Security, Department of Commerce, P.O. Box 273,
Washington, DC 20044.
List of Subjects
15 CFR Part 700
Administrative practice and procedure, Business and industry,
Government contracts, National defense, Reporting and recordkeeping
requirements, Strategic and critical materials.
15 CFR Part 730
Administrative practice and procedure, Advisory committees,
Exports, Reporting and recordkeeping requirements, Strategic and
critical materials.
15 CFR Part 734
Administrative practice and procedure, Exports, Inventions and
patents, Research, Science and technology.
15 CFR Part 740 and 758
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 748
Exports, Reporting and recordkeeping requirements.
15 CFR Part 762
Administrative practice and procedure, Business and industry,
Confidential business information, Exports, Reporting and recordkeeping
requirements.
0
Accordingly, parts 730, 734, 740, 748, 758 and 762 of the Export
Administration Regulations (15 CFR parts 730-799) and part 700 of the
Defense Priorities and Allocations System (DPAS) Regulation (15 CFR
part 700) are amended as follows:
PART 700--[CORRECTED]
0
1. The authority citation for 15 CFR part 700 continues to read as
follows:
Authority: Titles I and VII of the Defense Production Act of
1950, as amended (50 U.S.C. App. 2061, et seq.), Title VI of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5195, et seq.), Executive Order 12919, 59 FR 29525, 3 CFR,
1994 Comp. 901, and Executive Order 13286, 68 FR 10619, 3 CFR, 2003
Comp. 166; section 18 of the Selective Service Act of 1948 (50
U.S.C. App. 468), 10 U.S.C. 2538, 50 U.S.C. 82, and Executive Order
12742, 56 FR 1079, 3 CFR, 1991 Comp. 309; and Executive Order 12656,
53 FR 226, 3 CFR, 1988 Comp. 585.
Schedule I to Part 700 [Amended]
0
2. In Schedule I to Part 700--Approved Programs and Delegate Agencies,
under the ``Approved program'' column, correct ``Domestic and counter-
terrorism, including law
[[Page 3945]]
enforcement'' to read ``Domestic counter-terrorism, including law
enforcement''.
PART 730--[AMENDED]
0
3. The authority citation for 15 CFR part 730 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151
note, Pub. L. 108-175; 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 U.S.C. 6212; 43 U.S.C.
1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L.
106-387; Sec. 221, Pub. L. 107-56; E.O. 11912, 41 FR 15825, 3 CFR,
1976 Comp., p. 114; E.O. 12002, 42 FR 35623, 3 CFR, 1977 Comp., p.
133; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12214,
45 FR 29783, 3 CFR, 1980 Comp., p. 256; E.O. 12851, 58 FR 33181, 3
CFR, 1993 Comp., p. 608; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp.,
p. 179; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR
5079, 3 CFR, 1995 Comp., p. 356; E.O. 12981, 60 FR 62981, 3 CFR,
1995 Comp., p. 419; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p.
219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099,
63 FR 45167, 3 CFR, 1998 Comp., p.208; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp.,
p. 786; E.O. 13338, 69 FR 26751, May 13, 2004; Notice of August 3,
2006, 71 FR 44551 (August 7, 2006); Notice of October 27, 2006, 71
FR 64109 (October 31, 2006).
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4. Section 730.8 is amended by revising the undesignated paragraph at
the end of paragraph (c) for the ``U.S. Export Assistance Center'' to
read as follows:
Sec. 730.8 How to proceed and where to get help.
* * * * *
(c) * * *
Bureau of Industry and Security, U.S. Department of Commerce, 96
North 3rd Street, Suite 250, San Jose, CA 95112, Tel: (408) 291-4212,
Fax: (408) 291-4320.
PART 734--[AMENDED]
0
5. The authority citation for 15 CFR part 734 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61
FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 3, 2006, 71 FR 44551 (August 7, 2006); Notice
of October 27, 2006, 71 FR 64109 (October 31, 2006).
0
6. Section 734.2 is amended by revising the last sentence of paragraph
(b)(8) to read as follows:
Sec. 734.2 Important EAR terms and principles.
* * * * *
(b) * * *
(8) * * * These destinations are listed in Schedule C,
Classification Codes and Descriptions for U.S. Export Statistics,
issued by the Bureau of the Census.
* * * * *
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7. Supplement No. 2 to part 734 is amended by revising paragraph (b)(5)
to read as follows:
Supplement No. 2 to Part 734--Calculation of Values for De Minimis
Rules
* * * * *
(b) * * *
(5) Report and wait. If you have not been contacted by BIS
concerning your report within thirty days after filing the report with
BIS, you may rely upon the calculations in your report and the de
minimis exclusions for software and technology for so long as you are
not contacted by BIS. BIS may contact you concerning your report to
inquire of you further or to indicate that BIS does not accept the
assumptions or rationale for your calculations. If you receive such a
contact or communication from BIS, you may not rely upon the de minimis
exclusions for software and technology in Sec. 734.4 of this part
until BIS has indicated whether or not you may do so in the future. You
must include in your report the name, title, address, telephone number,
and facsimile number of the person BIS may contact concerning your
report. Please submit your report to:
(i) E-mail: rpd2@bis.doc.gov;
(ii) Fax: (202) 482-3355; or
(iii) Mail or Hand Delivery/Courier: Regulatory Policy Division,
U.S. Department of Commerce, Bureau of Industry and Security,
Regulatory Policy Division, 14th and Pennsylvania Avenue, NW., Room
2705, Washington, DC 20230.
PART 740--[AMENDED]
0
8. The authority citation for 15 CFR part 740 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec. 901-911, Pub. L. 106-387; E.O. 13026, 61 FR 58767, 3 CFR, 1996
Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783;
Notice of August 3, 2006, 71 FR 44551 (August 7, 2006).
0
9. Section 740.12 is amended by revising the last sentence of Note to
paragraph (a) to read as follows:
Sec. 740.12 Gift Parcels and Humanitarian Donations (GFT).
(a) * * *
Note to paragraph (a) of this section:
* * * (See Sec. 748.8(d) and Supplement No. 2 to Part 748 paragraph
(d) of the EAR for licensing of multiple gift parcels).
* * * * *
0
10. Section 740.14 is amended by revising paragraph (e)(2) to read as
follows:
Sec. 740.14 Baggage (BAG).
* * * * *
(e) * * *
(2) A nonresident alien leaving the United States may export or
reexport under this License Exception only such shotguns and shotgun
shells as he or she brought into the United States under the provisions
of the Department of Justice Regulations (27 CFR 478.115(d)).
* * * * *
PART 748--[AMENDED]
0
11. The authority citation for 15 CFR part 748 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR
44551 (August 7, 2006).
0
12. Section 748.2 is amended:
0
a. By revising the undesignated paragraph at the end of paragraph (a)
for the ``U.S. Export Assistance Center''; and
0
b. By revising paragraph (c) to read as follows:
Sec. 748.2 Obtaining forms; mailing addresses.
(a) * * *
Bureau of Industry and Security, U.S. Department of Commerce, 96
North 3rd Street, Suite 250, San Jose, CA 95112, Tel: (408) 291-4212,
Fax: (408) 291-4320.
(b) * * *
(c) All applications should be mailed to the following address,
unless otherwise specified: Bureau of Industry and Security, U.S.
Department of Commerce, P.O. Box 273, Washington, DC 20044. If you wish
to submit your application using an overnight courier, use the
following address: Bureau of Industry and Security, U.S. Department of
Commerce, 14th Street and Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230, Attn: ``Application Enclosed''. BIS will not
accept applications sent C.O.D.
PART 758--[AMENDED]
0
13. The authority citation for 15 CFR part 758 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025,
[[Page 3946]]
3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR 44551
(August 7, 2006).
0
14. Section 758.5 is amended by revising paragraph (e)(2)(ii) to read
as follows:
Sec. 758.5 Conformity of documents and unloading of items.
* * * * *
(e) * * *
(2) * * *
(ii) Contact information. U.S. Department of Commerce, Bureau of
Industry and Security, Office of Exporter Services, Room 2705, 14th and
Pennsylvania Avenue, NW., Washington, DC 20230; phone number 202-482-
0436; facsimile number 202-482-3322; and E-Mail address:
rpd2@bis.doc.gov.
PART 762--[AMENDED]
0
15. The authority citation for 15 CFR part 762 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
3, 2006, 71 FR 44551 (August 7, 2006).
0
16. Section 762.6 is amended by revising the last sentence of paragraph
(b) to read as follows:
Sec. 762.6 Period of retention.
* * * * *
(b) * * * This prohibition applies to records pertaining to
voluntary disclosures made to BIS in accordance with Sec.
764.5(c)(4)(ii) and other records even if such records have been
retained for a period of time exceeding that required by paragraph (a)
of this section.
Dated: January 23, 2007.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. E7-1336 Filed 1-26-07; 8:45 am]
BILLING CODE 3510-33-P