Revision of License Exception TMP for Activities by Organizations Working To Relieve Human Suffering in Sudan, 8251-8253 [05-3215]
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Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
License Exceptions
LVS * * *.
GBS: N/A
CIV: * * *
*
*
*
*
*
n 26. In Supplement No. 1 to part 774,
Category 3—Electronics, Export Control
Classification Number 3A001, revise the
License Exception section to read as
follows:
3A001 Electronic Components, as
Follows (see List of Items Controlled)
*
*
*
*
*
License Exceptions
LVS: N/A for MT or NP.
Yes for:
$1500: 3A001.c
$3000: 3A001.b.1, b.2, b.3, .d, .e and .f
$5000: 3A001.a (except.a.1.a and a.5.a
when controlled for MT), and .b.4 to
b.7
GBS: Yes for 3A001.a.1.b, a.2 to a.12
(except .a.5.a when controlled for MT),
b.2, and b.8 (except for TWTAs
exceeding 18 GHz)
CIV: Yes for 3A001.a.3.b, a.3.c, a.4,
a.7, and a.11.
*
*
*
*
*
Dated: February 14, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 05–3216 Filed 2–17–05; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 740
[Docket No. 050209030–5030–01]
RIN 0694–AD38
Revision of License Exception TMP for
Activities by Organizations Working To
Relieve Human Suffering in Sudan
AGENCY: Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
SUMMARY: This rule revises the Export
Administration Regulations to allow
staff and employees of certain
organizations to use License Exception
TMP to export basic communications
equipment such as cell phones, personal
computers, personal digital assistants,
global positioning systems or similar
satellite receivers and related software
to Sudan for up to one year to be used
in the activities of those organizations to
relieve human suffering.
DATES: This rule is effective on February
18, 2005.
VerDate jul<14>2003
15:38 Feb 17, 2005
Jkt 205001
FOR FURTHER INFORMATION CONTACT: Eric
Longnecker, Foreign Policy Division,
Office of Nonproliferation and Treaty
Compliance, 202–482–5537,
elongnec@bis.doc.gov.
SUPPLEMENTARY INFORMATION: This rule
revises License Exception TMP (15 CFR
740.9) to authorize certain exports, but
not reexports, to Sudan of certain
commodities and software that
otherwise would require a license
pursuant to § 742.10 or § 742.15 of the
EAR. This rule makes the tools of trade
provisions of License Exception TMP
available to (1) non-governmental
organizations that are engaged in
activities to relieve human suffering in
Sudan and that are registered by the
Department of the Treasury, Office of
Foreign Assets Control (OFAC) pursuant
to 31 CFR 538.521, or (2) organizations
that are authorized by OFAC to take
actions, for humanitarian purposes, that
otherwise would be prohibited by the
Sudanese Sanctions Regulations (31
CFR part 538), or (3) staff or employees
of either such type of organization.
Under this rule, those parties are
authorized, under section 740.9(a)(i) of
the EAR, to export to Sudan certain
basic telecommunications equipment
controlled under Export control
Classification Number (ECCN) 5A991
such as cell phones, personal digital
assistants and other wireless handheld
devices, personal computers (including
laptops) controlled under ECCN 4A994
that do not exceed a composite
theoretical performance of 6,500
millions of theoretical operations per
second (MTOPS), and global positioning
system (GPS) or similar satellite
receivers controlled under ECCN 7A994.
These revisions to License Exception
TMP also allow the export of related
software controlled under ECCNs 4D994
and 5D992 for the use of such
telecommunications equipment or
computers. The software must be loaded
onto the commodity prior to being
exported and remain loaded on the
commodity while in Sudan. This rule
also authorizes parts and components of
those ECCN 5A991 and 4A994 devices
that are controlled under ECCN 5A992
and that are installed with, or contained
in, such computers or equipment to be
exported under License Exception TMP.
The parts and components must remain
installed with, or contained in, such
computers or equipment while in
Sudan. The tools of trade must
accompany (either hand carried or as
checked baggage) a member of the staff
or an employee of such an organization
to Sudan.
In connection with the temporary
tools of trade exports that it authorizes
PO 00000
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Fmt 4700
Sfmt 4700
8251
pursuant to License Exception TMP,
this rule employs the term ‘‘staff and
employees’’ rather than the term
‘‘employees’’ that applies to other
temporary tools of trade exports under
License Exception TMP. The broader
term will allow the use of License
Exception TMP for temporary tools of
trade exports by persons traveling to
Sudan at the direction of, or with the
knowledge of, an organization registered
pursuant to 31 CFR 538.521 or an
organization authorized by OFAC to
take actions, for humanitarian purposes,
that otherwise would be prohibited by
the Sudanese Sanctions Regulation (31
CFR part 538) to assist in the work of
such organization in Sudan, even if
such person is not an employee of such
organization. For example, a health care
worker traveling from the United States
to Sudan, at the direction of, or with the
knowledge of, an eligible organization to
act as a volunteer providing medical
care as part of the activities of that
organization would be considered
‘‘staff’’ under this rule, even if that
person is not an employee of the eligible
organization. This rule makes no such
expansion of eligibility for use of
License Exception TMP for temporary
tools of trade exports to destinations
other than Sudan.
Exports made pursuant to this rule
must also meet the general requirements
for temporary exports under License
Exception TMP set forth in § 740.9(a) of
the EAR and the specific requirements
applying to tools of trade set forth in
§ 740.9(a)(2)(i). Such exports are also
subject to the restrictions on the use of
all License Exceptions found in § 730.2
of the EAR.
BIS is publishing this rule to facilitate
the activities of organizations working
to relieve human suffering in Sudan by
reducing the need for export licenses
faced by such organizations, their staffs
and employees. The commodities and
software being made eligible for export
under License Exception TMP by this
rule do not require a license for export
or reexport to most destinations, but do
require a license for export or reexport
to Sudan because that country has been
designated by the Secretary of State as
a state sponsor of terrorism.
Although the Export Administration
Act of 1979 (EAA), as amended, expired
on August 20, 2001, Executive Order
13222 of August 17, 2001 (3 CFR, 2001
Comp., p. 783 (2002)) as extended by
the Notice of August 6, 2004, 69 FR
48763 (August 10, 2004), continues the
EAR in effect under the International
Emergency Economic Powers Act
(IEEPA).
Rulemaking Requirements:
E:\FR\FM\18FER1.SGM
18FER1
8252
Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
1. This rule has been determined to 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 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 rule
involves a collection of information
subject to the PRA that has been
approved by 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. 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 email at david_rostker@omb.eop.gov or
by fax to 202–395–285; 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 this
term is defined in Executive Order
13132.
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
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 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. 553 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 rule is being issued in final form.
List of Subjects in 15 CFR Part 740
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
n Accordingly, part 740 of the Export
Administration Regulations (15 CFR
parts 730–799) is amended as follows:
PART 740—LICENSE EXCEPTIONS
1. The authority citation for part 740
continues to read as follows:
n
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15:38 Feb 17, 2005
Jkt 205001
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
6, 2004, 69 FR 48763 (August 10, 2004).
2. In § 740.9, revise paragraph (a)(2)(i),
and paragraph (a)(5) to read as follows:
n
§ 740.9 Temporary imports, exports, and
reexports (TMP).
*
*
*
*
*
(a) * * *
(2) * * *
(i) Tools of trade. Usual and
reasonable kinds and quantities of tools
of trade (commodities and software) for
use in a lawful enterprise or
undertaking of the exporter. The
transaction must meet the requirements
of paragraph (a)(2)(i)(A) or paragraph
(a)(2)(i)(B) of this section. For exports
under this License Exception of laptops,
handheld devices and other computers
and equipment loaded with encryption
commodities or software, refer to
interpretation 13 in § 770.2 of the EAR.
(A) Destinations other than Country
Group D:2 or Sudan. Exports and
reexports of tools of trade for use by the
exporter or employees of the exporter
may be made to destinations other than
Country Group E:2 or Sudan. The tools
of trade must remain under the
‘‘effective control’’ (see § 772.1 of the
EAR) of the exporter or the exporter’s
employee. Eligible tools of trade may
include, but are not limited to,
equipment and software as is necessary
to commission or service goods,
provided that the equipment or software
is appropriate for this purpose and that
all goods to be commissioned or
serviced are of foreign origin, or if
subject to the EAR, have been legally
exported or reexported. Tools of trade
may accompany the individual
departing from the United States or may
be shipped unaccompanied within one
month before the individual’s departure
from the United States, or at any time
after departure.
(B) Sudan. Exports, but not reexports,
of tools of trade may be made to Sudan
by: A non-governmental organization
engaged in activities to relieve human
suffering in Sudan and registered by the
Department of the Treasury, Office of
Foreign Assets Control (OFAC) pursuant
to 31 CFR 538.521; or by an organization
authorized by OFAC to take actions, for
humanitarian purposes, that otherwise
would be prohibited by the Sudanese
Sanctions Regulations (31 CFR part
538); or by staff or employees of either
such type of organization. The tools of
trade must remain under the ‘‘effective
control’’ (see § 772.1 of the EAR) of the
exporter or its employee or staff. The
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
tools of trade must be used in activities
to relieve human suffering and, when
exported, must accompany (either hand
carried or as checked baggage) a member
of the staff or an employee of such an
organization to Sudan. In this paragraph
(a)(2)(i)(B), the term ‘‘staff’’ means a
person traveling to Sudan, at the
direction of, or with the knowledge of
an organization registered pursuant to
31 CFR 538.521 or an organization
authorized by OFAC to take actions, for
humanitarian purposes, that otherwise
would be prohibited by the Sudanese
Sanctions Regulations (31 CFR part
538), to assist in the work of such
organization in Sudan even if such
person is not an employee of such
organization. The only tools of trade
that may be exported to Sudan under
this paragraph (a)(2)(i) are:
(1) Personal computers (including
laptops) controlled under ECCN 4A994
that do not exceed a composite
theoretical performance of 6,500
millions of theoretical operations per
second and ‘‘software’’ controlled under
ECCNs 4D994 or 5D992 that is for the
‘‘use’’ of such computers and that was
loaded onto such computers prior to
export an remains loaded on such
computers while in Sudan;
(2) Telecommunications equipment
controlled under ECCN 5A991 and
‘‘software’’ controlled under ECCN
5D992 that is for the ‘‘use’’ of such
equipment and that was loaded onto
that equipment prior to export and that
remains loaded on such equipment
while in Sudan;
(3) Global positioning system (GPS) or
similar satellite receivers controlled
under ECCN 7A994; and
(4) Parts and components that are
controlled under ECCN 5A992, that are
installed with, or contained in,
computers or telecommunications
equipment listed in paragraphs
(a)(2)(i)(B)(1) and (2) of this section and
that remain installed with or contained
in such computers or equipment while
in Sudan.
*
*
*
*
*
(5) Reexports. Commodities and
software legally exported from the
United States may be reexported to a
new country(ies) of destination other
than Sudan or Country Group E:2 under
provisions of this paragraph (a)
provided its terms and conditions are
met and the commodities and software
are returned to the country from which
the reexport occurred.
*
*
*
*
*
E:\FR\FM\18FER1.SGM
18FER1
Federal Register / Vol. 70, No. 33 / Friday, February 18, 2005 / Rules and Regulations
Dated: February 14, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 05–3215 Filed 2– 17–05; 8:45 am]
BILLING CODE 3510–33–M
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 35
[Docket No. RM04–14–000; Order No. 652;
110 FERC ¶ 61,097]
Reporting Requirement for Changes in
Status for Public Utilities With MarketBased Rate Authority
Issued February 10, 2005.
AGENCY: Federal Energy Regulatory
Commission, DOE.
ACTION: Final rule.
SUMMARY: In this Final Rule, the Federal
Energy Regulatory Commission
(Commission) is amending its
regulations to establish a reporting
obligation for changes in status that
apply to public utilities authorized to
make wholesale power sales in
interstate commerce at market-based
rates. The Commission is amending its
regulations to establish guidelines
concerning the types of events that
trigger this reporting obligation and
modifying the market-based rate
authority of current market-based rate
sellers to ensure that all such events are
timely reported to the Commission by
eliminating the option to delay
reporting of such events until
submission of a market-based rate
seller’s updated market power analysis.
This reporting requirement will be
incorporated into the market-based rate
tariff of each entity that is currently
authorized to make sales at marketbased rates, as well as that of all future
applicants.
DATES: Effective Date: This Final Rule
will become effective on March 21,
2005.
FOR FURTHER INFORMATION CONTACT:
Brandon Johnson, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426,
(202) 502–6143
Michelle Barnaby, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426,
(202) 502–8407
SUPPLEMENTARY INFORMATION:
Table of Contents / Paragraph
Introduction—1
VerDate jul<14>2003
15:38 Feb 17, 2005
Jkt 205001
Background—7
Discussion—11
General Issues—11
Comments—11
Commission Conclusion—15
Triggering Events—18
Triggering Events Generally—19
Comments—19
Commission Conclusion—25
Exemptions—28
Comments—28
Commission Conclusion—34
Control/Ownership—42
Comments—42
Commission Conclusion—47
Affiliation—49
Comments—49
Commission Conclusion—51
Inputs to Electric Power Production—52
Comments—53
Commission Conclusion—58
Materiality Threshold—60
Comments—61
Commission Conclusion—68
Transmission Outages—71
Comments—72
Commission Conclusion—75
Other Reportable Arrangements—76
Comments—77
Commission Conclusion—82
Form and Content of Reports—84
Comments—85
Commission Conclusion—93
Inclusion of Reporting Requirement in
Market-based Rate Tariffs—96
Comments—97
Commission Conclusion—98
Reporting Period/Timing—99
Comments—100
Commission Conclusion—105
Other Procedural Issues—108
Before Commissioners: Pat Wood, III,
Chairman; Nora Mead Brownell, Joseph
T. Kelliher, and Suedeen G. Kelly.
Introduction
1. On October 6, 2004, the
Commission issued a Notice of
Proposed Rulemaking (NOPR) that
proposed to standardize and clarify
market-based rate sellers’ reporting
requirement for changes in status. The
Commission proposed to impose
uniform standards on all market-based
rate sellers by eliminating the option to
delay reporting changes in status until
submission of the triennial review, or to
file a triennial review in lieu of
reporting changes in status as they
occur. Acting pursuant to section 206 of
the FPA, the Commission proposed to
amend its regulations and to modify the
market-based rate authority of current
market-based rate sellers to include the
requirement to timely report to the
Commission any change in status that
would reflect a departure from the
characteristics the Commission relied
upon in granting market-based rate
authority. The Commission proposed
that this reporting requirement be
incorporated into the market-based rate
tariff of each entity that is currently
PO 00000
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Sfmt 4700
8253
authorized to make sales at marketbased rates, as well as that of all future
applicants. The Commission proposed
that notice of such changes in status be
filed no later than 30 days after the
change in status occurs.
2. As discussed more fully below, in
this Final Rule, the Commission, among
other things: Imposes uniform standards
on all market-based rate sellers by
eliminating the option to delay
reporting changes in status until
submission of the triennial review or to
file a triennial review in lieu of
reporting changes in status as they
occur; specifically refers to ‘‘control’’ of
generation or transmission facilities as a
trigger which could result in the
obligation to make a change in status
filing; provides guidance as to the
‘‘characteristics’’ the Commission relies
on in evaluating whether to grant
market-based rate authority; provides
guidance as to the form, content, and
timing of a change in status filing; and
incorporates into all market-based rate
tariffs the standards discussed herein.
3. In doing so, the Commission has
adopted many of the recommendations
suggested by commenters. In this regard,
the Commission clarifies that a change
in status filing is one of the tools the
Commission uses to ensure that
wholesale electric rates remain just and
reasonable. In particular, a change in
status filing informs the Commission of
changes that may occur from time to
time that relate to the four-part analysis
(generation market power, transmission
market power, other barriers to entry,
and affiliate abuse and reciprocal
dealing) the Commission relies on for
granting market-based rate authority. At
the same time, however, the
Commission finds that some of the
recommendations made by commenters
are more appropriately addressed in the
market-based rate rulemaking
proceeding that the Commission has
initiated in Docket No. RM04–7–000.
4. As discussed below, the
Commission finds that a number of
issues regarding the Commission’s
analysis under the four-part test (e.g.,
what constitutes control of an asset,
how to treat long-term contracts, how to
evaluate whether an applicant has
transmission market power) are more
appropriately addressed in the marketbased rate rulemaking, in which
numerous technical conferences have
been held and comments filed. It is in
that proceeding that the Commission
will examine the recommendations of
commenters and address the adequacy
of the current four-part analysis,
including whether and how it should be
modified to assure that electric market-
E:\FR\FM\18FER1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 33 (Friday, February 18, 2005)]
[Rules and Regulations]
[Pages 8251-8253]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3215]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 740
[Docket No. 050209030-5030-01]
RIN 0694-AD38
Revision of License Exception TMP for Activities by Organizations
Working To Relieve Human Suffering in Sudan
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises the Export Administration Regulations to
allow staff and employees of certain organizations to use License
Exception TMP to export basic communications equipment such as cell
phones, personal computers, personal digital assistants, global
positioning systems or similar satellite receivers and related software
to Sudan for up to one year to be used in the activities of those
organizations to relieve human suffering.
DATES: This rule is effective on February 18, 2005.
FOR FURTHER INFORMATION CONTACT: Eric Longnecker, Foreign Policy
Division, Office of Nonproliferation and Treaty Compliance, 202-482-
5537, elongnec@bis.doc.gov.
SUPPLEMENTARY INFORMATION: This rule revises License Exception TMP (15
CFR 740.9) to authorize certain exports, but not reexports, to Sudan of
certain commodities and software that otherwise would require a license
pursuant to Sec. 742.10 or Sec. 742.15 of the EAR. This rule makes
the tools of trade provisions of License Exception TMP available to (1)
non-governmental organizations that are engaged in activities to
relieve human suffering in Sudan and that are registered by the
Department of the Treasury, Office of Foreign Assets Control (OFAC)
pursuant to 31 CFR 538.521, or (2) organizations that are authorized by
OFAC to take actions, for humanitarian purposes, that otherwise would
be prohibited by the Sudanese Sanctions Regulations (31 CFR part 538),
or (3) staff or employees of either such type of organization. Under
this rule, those parties are authorized, under section 740.9(a)(i) of
the EAR, to export to Sudan certain basic telecommunications equipment
controlled under Export control Classification Number (ECCN) 5A991 such
as cell phones, personal digital assistants and other wireless handheld
devices, personal computers (including laptops) controlled under ECCN
4A994 that do not exceed a composite theoretical performance of 6,500
millions of theoretical operations per second (MTOPS), and global
positioning system (GPS) or similar satellite receivers controlled
under ECCN 7A994. These revisions to License Exception TMP also allow
the export of related software controlled under ECCNs 4D994 and 5D992
for the use of such telecommunications equipment or computers. The
software must be loaded onto the commodity prior to being exported and
remain loaded on the commodity while in Sudan. This rule also
authorizes parts and components of those ECCN 5A991 and 4A994 devices
that are controlled under ECCN 5A992 and that are installed with, or
contained in, such computers or equipment to be exported under License
Exception TMP. The parts and components must remain installed with, or
contained in, such computers or equipment while in Sudan. The tools of
trade must accompany (either hand carried or as checked baggage) a
member of the staff or an employee of such an organization to Sudan.
In connection with the temporary tools of trade exports that it
authorizes pursuant to License Exception TMP, this rule employs the
term ``staff and employees'' rather than the term ``employees'' that
applies to other temporary tools of trade exports under License
Exception TMP. The broader term will allow the use of License Exception
TMP for temporary tools of trade exports by persons traveling to Sudan
at the direction of, or with the knowledge of, an organization
registered pursuant to 31 CFR 538.521 or an organization authorized by
OFAC to take actions, for humanitarian purposes, that otherwise would
be prohibited by the Sudanese Sanctions Regulation (31 CFR part 538) to
assist in the work of such organization in Sudan, even if such person
is not an employee of such organization. For example, a health care
worker traveling from the United States to Sudan, at the direction of,
or with the knowledge of, an eligible organization to act as a
volunteer providing medical care as part of the activities of that
organization would be considered ``staff'' under this rule, even if
that person is not an employee of the eligible organization. This rule
makes no such expansion of eligibility for use of License Exception TMP
for temporary tools of trade exports to destinations other than Sudan.
Exports made pursuant to this rule must also meet the general
requirements for temporary exports under License Exception TMP set
forth in Sec. 740.9(a) of the EAR and the specific requirements
applying to tools of trade set forth in Sec. 740.9(a)(2)(i). Such
exports are also subject to the restrictions on the use of all License
Exceptions found in Sec. 730.2 of the EAR.
BIS is publishing this rule to facilitate the activities of
organizations working to relieve human suffering in Sudan by reducing
the need for export licenses faced by such organizations, their staffs
and employees. The commodities and software being made eligible for
export under License Exception TMP by this rule do not require a
license for export or reexport to most destinations, but do require a
license for export or reexport to Sudan because that country has been
designated by the Secretary of State as a state sponsor of terrorism.
Although the Export Administration Act of 1979 (EAA), as amended,
expired on August 20, 2001, Executive Order 13222 of August 17, 2001 (3
CFR, 2001 Comp., p. 783 (2002)) as extended by the Notice of August 6,
2004, 69 FR 48763 (August 10, 2004), continues the EAR in effect under
the International Emergency Economic Powers Act (IEEPA).
Rulemaking Requirements:
[[Page 8252]]
1. This rule has been determined to 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 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 rule
involves a collection of information subject to the PRA that has been
approved by 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. 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_rostker@omb.eop.gov or by fax to 202-
395-285; 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 this term is defined in Executive Order 13132.
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 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 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. 553 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 rule is being issued in
final form.
List of Subjects in 15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
0
Accordingly, part 740 of the Export Administration Regulations (15 CFR
parts 730-799) is amended as follows:
PART 740--LICENSE EXCEPTIONS
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1. The authority citation for 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 6, 2004, 69 FR 48763 (August 10, 2004).
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2. In Sec. 740.9, revise paragraph (a)(2)(i), and paragraph (a)(5) to
read as follows:
Sec. 740.9 Temporary imports, exports, and reexports (TMP).
* * * * *
(a) * * *
(2) * * *
(i) Tools of trade. Usual and reasonable kinds and quantities of
tools of trade (commodities and software) for use in a lawful
enterprise or undertaking of the exporter. The transaction must meet
the requirements of paragraph (a)(2)(i)(A) or paragraph (a)(2)(i)(B) of
this section. For exports under this License Exception of laptops,
handheld devices and other computers and equipment loaded with
encryption commodities or software, refer to interpretation 13 in Sec.
770.2 of the EAR.
(A) Destinations other than Country Group D:2 or Sudan. Exports and
reexports of tools of trade for use by the exporter or employees of the
exporter may be made to destinations other than Country Group E:2 or
Sudan. The tools of trade must remain under the ``effective control''
(see Sec. 772.1 of the EAR) of the exporter or the exporter's
employee. Eligible tools of trade may include, but are not limited to,
equipment and software as is necessary to commission or service goods,
provided that the equipment or software is appropriate for this purpose
and that all goods to be commissioned or serviced are of foreign
origin, or if subject to the EAR, have been legally exported or
reexported. Tools of trade may accompany the individual departing from
the United States or may be shipped unaccompanied within one month
before the individual's departure from the United States, or at any
time after departure.
(B) Sudan. Exports, but not reexports, of tools of trade may be
made to Sudan by: A non-governmental organization engaged in activities
to relieve human suffering in Sudan and registered by the Department of
the Treasury, Office of Foreign Assets Control (OFAC) pursuant to 31
CFR 538.521; or by an organization authorized by OFAC to take actions,
for humanitarian purposes, that otherwise would be prohibited by the
Sudanese Sanctions Regulations (31 CFR part 538); or by staff or
employees of either such type of organization. The tools of trade must
remain under the ``effective control'' (see Sec. 772.1 of the EAR) of
the exporter or its employee or staff. The tools of trade must be used
in activities to relieve human suffering and, when exported, must
accompany (either hand carried or as checked baggage) a member of the
staff or an employee of such an organization to Sudan. In this
paragraph (a)(2)(i)(B), the term ``staff'' means a person traveling to
Sudan, at the direction of, or with the knowledge of an organization
registered pursuant to 31 CFR 538.521 or an organization authorized by
OFAC to take actions, for humanitarian purposes, that otherwise would
be prohibited by the Sudanese Sanctions Regulations (31 CFR part 538),
to assist in the work of such organization in Sudan even if such person
is not an employee of such organization. The only tools of trade that
may be exported to Sudan under this paragraph (a)(2)(i) are:
(1) Personal computers (including laptops) controlled under ECCN
4A994 that do not exceed a composite theoretical performance of 6,500
millions of theoretical operations per second and ``software''
controlled under ECCNs 4D994 or 5D992 that is for the ``use'' of such
computers and that was loaded onto such computers prior to export an
remains loaded on such computers while in Sudan;
(2) Telecommunications equipment controlled under ECCN 5A991 and
``software'' controlled under ECCN 5D992 that is for the ``use'' of
such equipment and that was loaded onto that equipment prior to export
and that remains loaded on such equipment while in Sudan;
(3) Global positioning system (GPS) or similar satellite receivers
controlled under ECCN 7A994; and
(4) Parts and components that are controlled under ECCN 5A992, that
are installed with, or contained in, computers or telecommunications
equipment listed in paragraphs (a)(2)(i)(B)(1) and (2) of this section
and that remain installed with or contained in such computers or
equipment while in Sudan.
* * * * *
(5) Reexports. Commodities and software legally exported from the
United States may be reexported to a new country(ies) of destination
other than Sudan or Country Group E:2 under provisions of this
paragraph (a) provided its terms and conditions are met and the
commodities and software are returned to the country from which the
reexport occurred.
* * * * *
[[Page 8253]]
Dated: February 14, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 05-3215 Filed 2- 17-05; 8:45 am]
BILLING CODE 3510-33-M
