[Federal Register: October 2, 2007 (Volume 72, Number 190)]
[Rules and Regulations]
[Page 56010-56011]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02oc07-2]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 070824480-7482-01]
RIN 0694-AE13
Authorization Validated End-User: Addition of India as an
Eligible Destination
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
amends the Export Administration Regulations (EAR) to add India as an
eligible destination for exports, reexports and transfers under
Authorization Validated End-User (VEU). BIS established Authorization
VEU in a final rule published in the Federal Register.
DATES: This rule is effective October 2, 2007. Although there is no
formal comment period, public comments on this regulation are welcome
on a continuing basis.
ADDRESSES: You may submit comments, identified by RIN 0694-AE13 (VEU
India), by any of the following methods:
E-mail: publiccomments@bis.doc.gov. Include ``RIN 0694-AE13 (VEU
India)'' in the subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy Division,
by calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Sheila Quarterman, U.S. Department
of Commerce, Bureau of Industry and Security, Regulatory Policy
Division, 14th St. & Pennsylvania Avenue, NW., Room 2705, Washington,
DC 20230, Attn: RIN 0694-AE13 (VEU India).
Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, 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; and to the Regulatory
Policy Division, Bureau of Industry and Security, Department of
Commerce, P.O. Box 273, Washington, DC 20044. Comments on this
collection of information should be submitted separately from comments
on the final rule (i.e. RIN 0694-AE13 (VEU India))--all comments on the
latter should be submitted by one of the three methods outlined above.
FOR FURTHER INFORMATION CONTACT: Michael Rithmire, Chairman, End-User
Review Committee, Bureau of Industry and Security, Department of
Commerce, P.O. Box 273, Washington, DC 20044; by telephone (202) 482-
6105; or by e-mail to mrithmir@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
BIS amended the EAR in a final rule on June 19, 2007 (72 FR 33646)
by creating a new authorization for ``validated end-users'' (VEUs)
located in eligible destinations to which eligible items (commodities,
software and technology, except those controlled for missile technology
or crime control reasons) may be exported, reexported or transferred
without a license. This authorization is set forth in section 748.15 of
the EAR. This final rule designates India in section 748.15 of the EAR
as an eligible destination for exports, reexports and transfers under
Authorization VEU.
Designating India as an eligible destination under Authorization
VEU builds upon the advances made in the U.S.-India High Technology
Cooperation Group (HTCG) and the Next Steps in Strategic Partnership
(NSSP). Excellent cooperation in these fora has enabled the United
States to reduce controls on the export of certain dual-use items to
India. Making India a destination eligible for Authorization VEU is the
logical next step in U.S.-
[[Page 56011]]
India bilateral collaboration in high-technology trade.
Authorization VEU is intended to further streamline U.S.-India
trade in dual-use technologies. It will authorize the export, reexport
and transfer of certain controlled U.S. technology without a license to
end-users engaged in civilian end-uses in India who have demonstrated
their ability to use sensitive items responsibly. As India continues to
demonstrate its commitment to harmonize its export controls with those
of the major multilateral control regimes, BIS anticipates that more
end-users and items will be approved for Authorization VEU.
This final rule amends paragraph (b) of section 748.15 of the EAR
to add India as an eligible destination for exports, reexports and
transfers of dual-use items under Authorization VEU.
Since August 21, 2001, the Export Administration Act has been in
lapse and the President, through Executive Order 13222 of August 17,
2001 (3 CFR, 2001 Comp., p. 783 (2002)), as extended most recently by
the Notice of August 15, 2007 (72 FR 46137, August 16, 2007), has
continued the EAR in effect under the International Emergency Economic
Powers Act. BIS continues to carry out the provisions of the Act, as
appropriate and to the extent permitted by law, pursuant to Executive
Order 13222.
Rulemaking
1. This final rule has been determined to be not significant for
purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by the OMB under control number 0694-
0088, ``Multi-Purpose Application'', which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748; and for
recordkeeping, reporting and review requirements in connection with
Authorization Validated End-User, which carries an estimated burden of
30 minutes per submission. This rule is expected to result in a
decrease in license applications submitted to BIS. Total burden hours
associated with the Paperwork Reduction Act and Office and Management
and Budget control number 0694-0088 are not expected to increase
significantly as a result of this rule.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. The provisions of the Administrative Procedure Act 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 States (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 final rule. Because a notice of proposed rulemaking
and an 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 not formal comment period, public
comments on this regulation are welcome on a continuing basis. Comments
should be submitted to Sheila Quarterman, Regulatory Policy Division,
Bureau of Industry and Security, Department of Commerce, P.O. Box 273,
Washington, DC 20044.
List of Subjects in 15 CFR Part 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
0
Accordingly, part 748 of the Export Administration Regulations (15 CFR
Parts 730-799) is amended as follows:
PART 748--[AMENDED]
0
1. 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); Notice of August 15, 2007, 72 FR 46137
(August 16, 2007).
0
2. Section 748.15 is amended by adding paragraph (b)(2) to read as
follows:
Sec. 748.15 Authorization Validated End-User (VEU).
* * * * *
(b) * * *
(2) India.
* * * * *
Dated: September 25, 2007.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
[FR Doc. E7-19359 Filed 10-1-07; 8:45 am]
BILLING CODE 3510-33-P