Amendments Affecting the Country Scope of the Chemical/Biological End-User/End-Use Controls, 16110-16111 [05-6271]
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16110
Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Rules and Regulations
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 040615184–4184–01]
RIN 0694–AD15
Amendments Affecting the Country
Scope of the Chemical/Biological EndUser/End-Use Controls
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: The Bureau of Industry and
Security (BIS) is publishing this final
rule to amend the chemical and
biological weapons end-user/end-use
controls in the Export Administration
Regulations (EAR). Specifically, this
final rule expands the country scope of
the EAR restrictions on certain chemical
and biological weapons end-uses to
apply to exports and reexports of items
subject to the EAR to any destination,
worldwide. Prior to the publication of
this rule, such restrictions applied only
to exports and reexports of items subject
to the EAR to certain countries of
concern for chemical and/or biological
reasons. The amendments are consistent
with the ‘‘catch-all’’ provisions in the
Australia Group’s (AG) ‘‘Guidelines for
Transfers of Sensitive Chemical or
Biological Items.’’
DATES: This rule is effective March 30,
2005.
ADDRESSES: You may submit comments,
identified by RIN 0694–AD15, by any of
the following methods:
• E-mail: wfisher@bis.doc.gov.
Include ‘‘RIN 0694–AD15’’ 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:
Willard Fisher, 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–AD15.
FOR FURTHER INFORMATION CONTACT:
Mark Sagrans, Office of
Nonproliferation and Treaty
Compliance, Bureau of Industry and
Security, Telephone: (202) 482–7900.
SUPPLEMENTARY INFORMATION:
Background
This rule expands the country scope
of the ‘‘end-user/end-use’’ controls in
Section 744.4(a) of the EAR. Section
744.4 sets forth the EAR ‘‘end-user/end-
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16:21 Mar 29, 2005
Jkt 205001
use’’ provisions that apply to chemical
and biological weapons end-uses.
Section 744.4(a) of the EAR requires a
license to export or reexport items
subject to the EAR if, at the time of the
export or reexport, the exporter or
reexporter knows that the items are
intended for chemical or biological
weapons activities. Prior to the
publication of this rule, the country
scope of this ‘‘end-user/end-use’’ license
requirement applied only to countries of
concern for chemical and biological
weapons reasons (i.e., Country Group
D:3 in Supplement 1 to part 740 of the
EAR). This final rule amends Section
744.4(a) of the EAR to expand the
number of countries subject to this EAR
‘‘end-user/end-use’’ license requirement
to include all destinations, worldwide,
including the countries identified in
Country Group A:3 (i.e., the AGparticipating countries). The
amendments are consistent with the
‘‘catch-all’’ provisions in the Australia
Group’s (AG) ‘‘Guidelines for Transfers
of Sensitive Chemical or Biological
Items’’ (Guidelines).
The AG-related changes described
above do not affect Section 744.4(b) of
the EAR, which describes certain ‘‘enduser/end-use’’ license requirements that
apply to any exporter or reexporter who
has been ‘‘informed’’ by BIS that a
license is required by a certain end-user
due to an unacceptable risk of use in or
diversion to chemical or biological
weapons activities, because this EAR
provision currently has a worldwide
country scope that is consistent with the
equivalent ‘‘catch-all’’ provision in the
AG Guidelines.
This rule imposes new export controls
for foreign policy reasons. As required
by section 6 of the Export
Administration Act of 1979, as amended
(the Act), a report on the imposition of
these controls was delivered to the
Congress on March 21, 2005. Although
the Act 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),
has continued the Export
Administration Regulations in effect
under the International Emergency
Economic Powers Act.
Savings Clause
Shipments of items removed from
license exception eligibility or eligibility
for export without a license as a result
of this regulatory action that were on
dock for loading, on lighter, laden
aboard an exporting carrier, or en route
aboard a carrier to a port of export, on
April 14, 2005, pursuant to actual orders
for export to a foreign destination, may
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
proceed to that destination under the
previous license exception eligibility or
without a license so long as they have
been exported from the United States
before April 29, 2005. Any such items
not actually exported before midnight,
on April 29, 2005, require a license in
accordance with this regulation.
Rulemaking Requirements
1. This 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 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
contains a collection of information
subject to the requirements of the PRA.
This collection 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 this
burden estimate or any other aspect of
this collection of information, 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.
3. This rule does not contain policies
with Federalism implications as that
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 (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 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. 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 regulation is issued in
final form. Although there is no formal
comment period, public comments on
E:\FR\FM\30MRR1.SGM
30MRR1
Federal Register / Vol. 70, No. 60 / Wednesday, March 30, 2005 / Rules and Regulations
this regulation are welcome on a
continuing basis.
List of Subjects in 15 CFR Part 744
Exports, Foreign trade, Reporting and
recordkeeping requirements.
I Accordingly, part 744 of the Export
Administration Regulations (15 CFR
parts 730–799) is amended as follows:
PART 744—[AMENDED]
1. The authority citation for 15 CFR
part 744 continues to read as follows:
I
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
42 U.S.C. 2139a; Sec. 901–911, Pub. L. 106–
387; Sec. 221, Pub. L. 107–56; E.O. 12058, 43
FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; 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. 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; Notice of October
29, 2003, 68 FR 62209, 3 CFR, 2003 Comp.,
p. 347; Notice of August 6, 2004, 69 FR 48763
(August 10, 2004).
2. Section 744.4 is amended by
revising paragraph (a) to read as follows:
I
§ 744.4 Restrictions on certain chemical
and biological weapons end-uses.
(a) General prohibition. In addition to
the license requirements for items
specified on the CCL, you may not
export or reexport an item subject to the
EAR without a license if, at the time of
export or reexport you know that the
item will be used in the design,
development, production, stockpiling,
or use of chemical or biological
weapons in or by any country or
destination, worldwide.
*
*
*
*
*
Dated: March 23, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 05–6271 Filed 3–29–05; 8:45 am]
BILLING CODE 3510–33–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404, 408 and 416
[Regulations No. 4, 8 and 16]
RIN 0960–AG06
Expanded Authority for Cross-Program
Recovery of Benefit Overpayments
Social Security Administration.
Final rules.
AGENCY:
ACTION:
SUMMARY: We are adopting without
change the final rules that were
VerDate jul<14>2003
16:21 Mar 29, 2005
Jkt 205001
published in the Federal Register on
January 3, 2005, at 70 FR 11, revising
our rules on the recovery of
overpayments incurred under one of our
programs from benefits payable to the
overpaid individual under other
programs we administer. The revised
rules expand the authority for crossprogram recovery of overpayments
made in our various programs. We are
implementing a portion of those rules
that we did not implement on January
3, 2005, pending consideration of public
comments that we requested at that
time.
DATES: Most of these rules were effective
January 3, 2005. Some provisions were
changed from the version published
earlier with a notice of proposed
rulemaking (NPRM) and were not
implemented on January 3. We are
implementing those changes effective
March 30, 2005.
Electronic Version
The electronic file of this document is
available on the date of publication in
the Federal Register at https://
gpoaccess.gov/fr/. It is also
available on the Internet site for SSA
(i.e., Social Security Online) at https://
policy.ssa.gov/pnpublic.nsf/LawsRegs.
FOR FURTHER INFORMATION CONTACT:
Richard Bresnick, Social Insurance
Specialist, Office of Regulations, Social
Security Administration, 100 Altmeyer
Building, 6401 Security Boulevard,
Baltimore, MD 21235–6401, (410) 965–
1758 or TTY 1–800–966–5609, for
information about this notice. For
information on eligibility or filing for
benefits, call our national toll-free
number, 1–800–772–1213 or TTY 1–
800–325–0778, or visit our Internet site,
Social Security Online, at https://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Background
On August 24, 2004, at 69 FR 51962,
we published an NPRM in which we
proposed to expand our ability to
recover overpayments made in one of
our programs from benefits payable to
the overpaid individual under other
programs we administer. These
programs are Social Security benefits
under title II of the Social Security Act
(the Act), Special Veterans Benefits
(SVB) under title VIII of the Act and
Supplemental Security Income (SSI)
benefits under title XVI of the Act. After
considering the public comments we
received on the NPRM, we published
the final rules with request for comment
on January 3, 2005, at 70 FR 11,
expanding our cross-program recovery
authority effective January 3, 2005. As
PO 00000
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Fmt 4700
Sfmt 4700
16111
stated in those final rules with request
for comment, although most of the
amendments to the regulations were
effective upon publication, we solicited
additional public comments on material
changes from the NPRM version in some
provisions (i.e., the removal of
provisions excluding certain types of
cases from cross-program recovery). We
stated that we would not implement
these changes until after we considered
any comments we received during the
30-day public comment period.
Final Rules With Request for Comment
In the final rules with request for
comment published January 3, 2005, we
changed the regulations in 20 CFR parts
404, 408 and 416 to reflect the expanded
cross-program recovery authority
granted by section 1147 of the Act (42
U.S.C. 1320b–17), as amended by
section 210 of the Social Security
Protection Act of 2004 (SSPA), Public
Law 108–203.
Previously, part 404 had no
provisions permitting cross-program
recovery, since that option had not been
applied to collect title II benefit
overpayments. In part 404, we added
new §§ 404.530, .535, .540 and .545,
which parallel existing regulations at
§§ 408.930 through 408.933, to include
the expanded authority to recover title
II overpayments as follows:
• We may withhold from a current
monthly SSI payment no more than the
lesser of that payment or 10 percent of
the monthly income (as defined in the
regulation) to recover a title II
overpayment;
• We may withhold no more than 10
percent of current monthly SVB
payments to recover a title II
overpayment;
• We may withhold up to 100 percent
of SSI and SVB past-due payments to
recover a title II overpayment.
We changed §§ 408.930 through
408.933 to reflect the expanded
authority to recover title VIII
overpayments as follows:
• We may withhold from a current
monthly SSI payment no more than the
lesser of that payment or 10 percent of
the monthly income to recover an SVB
overpayment;
• We may withhold no more than 10
percent of current monthly title II
benefits to recover an SVB overpayment;
• We may withhold up to 100 percent
of title II and SSI past-due payments to
recover an SVB overpayment.
We changed the regulations at
§ 416.570 to delete obsolete information.
We changed the regulations at § 416.572
and added §§ 416.573, .574 and .575 to
reflect the expanded authority to
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]]>Agencies
[Federal Register Volume 70, Number 60 (Wednesday, March 30, 2005)]
[Rules and Regulations]
[Pages 16110-16111]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6271]
[[Page 16110]]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 040615184-4184-01]
RIN 0694-AD15
Amendments Affecting the Country Scope of the Chemical/Biological
End-User/End-Use Controls
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) is publishing this
final rule to amend the chemical and biological weapons end-user/end-
use controls in the Export Administration Regulations (EAR).
Specifically, this final rule expands the country scope of the EAR
restrictions on certain chemical and biological weapons end-uses to
apply to exports and reexports of items subject to the EAR to any
destination, worldwide. Prior to the publication of this rule, such
restrictions applied only to exports and reexports of items subject to
the EAR to certain countries of concern for chemical and/or biological
reasons. The amendments are consistent with the ``catch-all''
provisions in the Australia Group's (AG) ``Guidelines for Transfers of
Sensitive Chemical or Biological Items.''
DATES: This rule is effective March 30, 2005.
ADDRESSES: You may submit comments, identified by RIN 0694-AD15, by any
of the following methods:
E-mail: wfisher@bis.doc.gov. Include ``RIN 0694-AD15'' 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: Willard Fisher, 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-AD15.
FOR FURTHER INFORMATION CONTACT: Mark Sagrans, Office of
Nonproliferation and Treaty Compliance, Bureau of Industry and
Security, Telephone: (202) 482-7900.
SUPPLEMENTARY INFORMATION:
Background
This rule expands the country scope of the ``end-user/end-use''
controls in Section 744.4(a) of the EAR. Section 744.4 sets forth the
EAR ``end-user/end-use'' provisions that apply to chemical and
biological weapons end-uses. Section 744.4(a) of the EAR requires a
license to export or reexport items subject to the EAR if, at the time
of the export or reexport, the exporter or reexporter knows that the
items are intended for chemical or biological weapons activities. Prior
to the publication of this rule, the country scope of this ``end-user/
end-use'' license requirement applied only to countries of concern for
chemical and biological weapons reasons (i.e., Country Group D:3 in
Supplement 1 to part 740 of the EAR). This final rule amends Section
744.4(a) of the EAR to expand the number of countries subject to this
EAR ``end-user/end-use'' license requirement to include all
destinations, worldwide, including the countries identified in Country
Group A:3 (i.e., the AG-participating countries). The amendments are
consistent with the ``catch-all'' provisions in the Australia Group's
(AG) ``Guidelines for Transfers of Sensitive Chemical or Biological
Items'' (Guidelines).
The AG-related changes described above do not affect Section
744.4(b) of the EAR, which describes certain ``end-user/end-use''
license requirements that apply to any exporter or reexporter who has
been ``informed'' by BIS that a license is required by a certain end-
user due to an unacceptable risk of use in or diversion to chemical or
biological weapons activities, because this EAR provision currently has
a worldwide country scope that is consistent with the equivalent
``catch-all'' provision in the AG Guidelines.
This rule imposes new export controls for foreign policy reasons.
As required by section 6 of the Export Administration Act of 1979, as
amended (the Act), a report on the imposition of these controls was
delivered to the Congress on March 21, 2005. Although the Act 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), has continued the Export Administration
Regulations in effect under the International Emergency Economic Powers
Act.
Savings Clause
Shipments of items removed from license exception eligibility or
eligibility for export without a license as a result of this regulatory
action that were on dock for loading, on lighter, laden aboard an
exporting carrier, or en route aboard a carrier to a port of export, on
April 14, 2005, pursuant to actual orders for export to a foreign
destination, may proceed to that destination under the previous license
exception eligibility or without a license so long as they have been
exported from the United States before April 29, 2005. Any such items
not actually exported before midnight, on April 29, 2005, require a
license in accordance with this regulation.
Rulemaking Requirements
1. This 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 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
contains a collection of information subject to the requirements of the
PRA. This collection 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 this burden estimate or any other aspect of this
collection of information, 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.
3. This rule does not contain policies with Federalism implications
as that 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 (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 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. 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 regulation is issued in final form. Although there
is no formal comment period, public comments on
[[Page 16111]]
this regulation are welcome on a continuing basis.
List of Subjects in 15 CFR Part 744
Exports, Foreign trade, Reporting and recordkeeping requirements.
0
Accordingly, part 744 of the Export Administration Regulations (15 CFR
parts 730-799) is amended as follows:
PART 744--[AMENDED]
0
1. The authority citation for 15 CFR part 744 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; Sec. 901-911, Pub. L. 106-
387; Sec. 221, Pub. L. 107-56; E.O. 12058, 43 FR 20947, 3 CFR, 1978
Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608;
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. 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; Notice of October 29, 2003,
68 FR 62209, 3 CFR, 2003 Comp., p. 347; Notice of August 6, 2004, 69
FR 48763 (August 10, 2004).
0
2. Section 744.4 is amended by revising paragraph (a) to read as
follows:
Sec. 744.4 Restrictions on certain chemical and biological weapons
end-uses.
(a) General prohibition. In addition to the license requirements
for items specified on the CCL, you may not export or reexport an item
subject to the EAR without a license if, at the time of export or
reexport you know that the item will be used in the design,
development, production, stockpiling, or use of chemical or biological
weapons in or by any country or destination, worldwide.
* * * * *
Dated: March 23, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 05-6271 Filed 3-29-05; 8:45 am]
BILLING CODE 3510-33-P
