Establishment of New License Exception for the Export or Reexport to U.S. Persons in Libya of Certain Items Controlled for Anti-Terrorism Reasons Only on the Commerce Control List, 69432-69435 [05-22674]

Download as PDF 69432 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations Alternative Methods of Compliance (AMOCs) (g)(1) The Manager, International Branch, ANM–116, Transport Airplane Directorate, FAA, has the authority to approve AMOCs for this AD, if requested in accordance with the procedures found in 14 CFR 39.19. (2) Before using any AMOC approved in accordance with § 39.19 on any airplane to which the AMOC applies, notify the appropriate principal inspector in the FAA Flight Standards Certificate Holding District Office. Related Information (h) British airworthiness directive G–2004– 0012, dated June 21, 2004, also addresses the subject of this AD. Material Incorporated by Reference (i) You must use Airbus UK BAC OneEleven Alert Service Bulletin 28–A–PM6057, Issue 1, dated May 10, 2004, to perform the actions that are required by this AD, unless the AD specifies otherwise. The Director of the Federal Register approved the incorporation by reference of this document in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Contact British Aerospace, Service Support, Airbus Limited, P.O. Box 77, Bristol BS99 7AR, England, for a copy of this service information. You may review copies at the Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., room PL–401, Nassif Building, Washington, DC; on the Internet at https:// dms.dot.gov; or at the National Archives and Records Administration (NARA). For information on the availability of this material at the NARA, call (202) 741–6030, or go to https://www.archives.gov/ federal_register/code_of_federal_regulations/ ibr_locations.html. in the Federal Register on October 18, 2005 (70 FR 60424), Airspace Docket No. 05–ASW–1. In that rule, the effective date was inadvertently published as December 22, 2005. This action changes the effective date to April 13, 2006. In the final rule published October 18, 2005 (70 FR 60424), the effective date is corrected to read April 13, 2006. EFFECTIVE DATE: FOR FURTHER INFORMATION CONTACT: Steve Rohring, Airspace and Rules, Office of System Operations Airspace and AIM, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: History On October 18, 2005, a final rule was published in the Federal Register (70 FR 60424), Airspace Docket No. 05– ASW–1. This rule revised Jet Routes J– 8, J–18, J–19, J–58, J–76, J–104 and J– 244; and VOR Federal Airways V–60, V–190, V–263 and V–611; Las Vegas, NM. In that rule, the effective date was inadvertently published as December 22, 2005. This action changes the effective date to April 13, 2006. Delay of Effective Date BILLING CODE 4910–13–P Accordingly, pursuant to the authority delegated to me, the effective date for Airspace Docket No. 05–ASW– 1, as published in the Federal Register on October 18, 2005 (70 FR 60424), Airspace Docket No. 05–ASW–1, is hereby delayed from December 22, 2005 to April 13, 2006. DEPARTMENT OF TRANSPORTATION Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. Issued in Renton, Washington, on November 7, 2005. Kalene C. Yanamura, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 05–22592 Filed 11–15–05; 8:45 am] [Docket No. FAA–2005–22421; Airspace Docket No. 05–ASW–1] Issued in Washington, DC, on November 4, 2005. Edith V. Parish, Manager, Airspace and Rules. [FR Doc. 05–22578 Filed 11–15–05; 8:45 am] RIN 2120–AA66 BILLING CODE 4910–13–P Federal Aviation Administration 14 CFR Part 71 Revision of Jet Routes J–8, J–18, J–19, J–58, J–76, J–104 and J–244; and VOR Federal Airways V–60, V–190, V–263 and V–611; Las Vegas, NM Federal Aviation Administration (FAA), DOT. ACTION: Final rule; delay of effective date. AGENCY: SUMMARY: This action changes the effective date of a final rule published VerDate Aug<31>2005 11:21 Nov 15, 2005 Jkt 208001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 740, 742, 772 and 774 [Docket No. 051028279–5279–01] RIN 0694–AD57 Establishment of New License Exception for the Export or Reexport to U.S. Persons in Libya of Certain Items Controlled for Anti-Terrorism Reasons Only on the Commerce Control List Bureau of Industry and Security, Commerce. ACTION: Interim rule with request for comments. AGENCY: SUMMARY: In this interim rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to implement changes to export and reexport controls with respect to Libya. Specifically, in this rule, BIS establishes a License Exception authorizing the export or reexport to U.S. persons in Libya of certain items listed on the Commerce Control List and controlled for antiterrorism (AT) reasons only. This rule is consistent with the President’s decision to modify United States’ sanctions against Libya, in response to Libya’s continuing efforts to dismantle its weapons of mass destruction (WMD) and missile programs and its renunciation of terrorism. DATES: This rule is effective November 16, 2005. Comments must be received on or before December 16, 2005. ADDRESSES: Written comments on this rule may be sent to the Federal eRulemaking Portal: https:// www.regulations.gov, or by e-mail to publiccomments@bis.doc.gov. Include RIN 0694–AD57 in the subject line of the message. Comments may be submitted by mail or hand delivery to Sheila Quarterman, Office of Exporter Services, Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, 14th & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230, ATTN: RIN 0694–AD57; or by fax: 202–482–3355. Send comments regarding the collection of information 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: Joan Roberts, Director, Foreign Policy Division, Office of Nonproliferation and Treaty Compliance, Bureau of Industry and Security, Department of Commerce, E:\FR\FM\16NOR1.SGM 16NOR1 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations P.O. Box 273, Washington, DC 20044; Telephone: (202) 482–4252, or E-mail: jroberts@bis.doc.gov. SUPPLEMENTARY INFORMATION: Background In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by creating a new License Exception authorizing the export or reexport of certain items controlled for antiterrorism (AT) reasons only on the Commerce Control List (CCL) to U.S. persons in Libya. In consultation with U.S. industry, BIS has identified certain items controlled for AT reasons only which are essential for undertaking business or professional activities, including humanitarian activities, in Libya. Excepting these items from license requirements, when consigned to and for use by U.S. persons or their employees only, would facilitate the ability of U.S. persons to do business in Libya without adversely jeopardizing U.S. national security or foreign policy interests with respect to Libya. This rule is consistent with the President’s April 23, 2004, decision to modify United States’ sanctions against Libya, in response to Libya’s continuing efforts to dismantle its weapons of mass destruction and missile programs and its renunciation of terrorism. Establishment of New License Exception USPL BIS has determined that a change in policy is warranted for certain ATcontrolled items that are essential for U.S. persons conducting business or professional activities in Libya. In drafting this rule, BIS considered a range of items controlled for AT reasons only and identified those that could be excepted from license requirements when exported or reexported for the exclusive use of U.S. persons in Libya or their employees (within the scope of their employment). These items are widely available outside the United States, and have a low likelihood to contribute significantly to terrorism or WMD-related activities in Libya. Items classified under Export Control Classification Numbers (ECCNs) 2A994 (portable generators), 5A992 (encryption hardware), 5D992 (‘‘Information Security’’ ‘‘software’’ not controlled by 5D002) and 9A990 (diesel engines), and certain items classified under ECCNs 3A991 (electronic devices), 3A992 (electronic equipment), 3B992 (test and inspection equipment for electronic components), 4A994 (computers), 5A991 (telecommunications equipment) are eligible for new License Exception VerDate Aug<31>2005 11:21 Nov 15, 2005 Jkt 208001 United States Persons In Libya (USPL), as set forth in new section 740.19 of the EAR, when those items are exported or reexported to Libya consigned to and for use by U.S. persons and their employees only. The definition of U.S. person set forth in part 772 of the EAR is applicable to this new provision. Items exported or reexported to Libya pursuant to the new License Exception USPL may only be used by U.S. persons or by non-U.S. person employees within the scope of their employment and must remain under the control and supervision of the U.S. person employer. They may not be transferred to non-U.S. persons in Libya. Additionally, items exported or reexported to Libya pursuant to License Exception USPL and not consumed or destroyed in the ordinary course of business may be returned to the United States without authorization from BIS, or such items may be reexported to a third country consistent with the provisions of the EAR applicable to such reexports, which in some cases may require authorization from BIS. Libya remains on the list of state sponsors of terrorism, and, therefore, it is appropriate for the United States to continue to require a license for the export or reexport to non-U.S. persons in Libya of AT-controlled items, as set forth in section 742.20. Further, ATcontrolled items not specifically identified as eligible under License Exception USPL continue to require a license if exported or reexported to U.S. persons in Libya. 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 2, 2005 (70 FR 45273, August 5, 2005), continues the EAR in effect under the International Emergency Economic Powers Act (IEEPA). Rulemaking Requirements 1. This interim rule has been determined to be not significant for the 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 numbers 0694–0088, ‘‘Multi-Purpose PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 69433 Application,’’ which carries a burden hour estimate of 58 minutes to prepare and submit form BIS–748. This rule is expected to result in a small decrease in license applications. 3. This rule does not contain policies with federalism implications sufficient to warrant preparation of a federalism assessment under 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 or foreign affairs function of the United States (see 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 by 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. However, because of the importance of the issues raised by these regulations, this rule is being issued in interim form and BIS will consider comments in the development of the final regulations. Accordingly, the Department of Commerce (the Department) encourages interested persons who wish to comment to do so at the earliest possible time to permit the fullest consideration of their views. The period for submission of comments will close December 16, 2005. The Department will consider all comments received before the close of the comment period in developing final regulations. Comments received after the end of the comment period will be considered if possible, but their consideration cannot be assured. The Department will not accept public comments accompanied by a request that a part or all of the material be treated confidentially because of its business proprietary nature or for any other reason. The Department will return such comments and materials to the persons submitting the comments and will not consider them in the development of final regulations. All public comments on these regulations will be a matter of public record and will be available for public inspection and copying. In the interest of accuracy and completeness, the Department requires comments in written form. Oral comments must be followed by written memoranda, which will also be a matter of public record and will be E:\FR\FM\16NOR1.SGM 16NOR1 69434 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations available for public review and copying. Communications from agencies of the United States Government or foreign governments will not be available for public inspection. The Office of Administration, Bureau of Industry and Security, U.S. Department of Commerce, displays these public comments on BIS’s Freedom of Information Act (FOIA) Web site at https://www.bos.doc.gov/foia. This office does not maintain a separate public inspection facility. If you have technical difficulties accessing this Web site, please call BIS’s Office of Administration at (202) 482–0637 for assistance. (v) 5A991.b.2, 5A991.b.3, 5A991.b.4, 5A991.b.7, 5A991.c.1 through c.9, 5A991.e, 5A991.g and 5A991.h. (b) Additional restrictions. Items exported or reexported to Libya pursuant to this License Exception must be consigned to and for exclusive use in business or professional activities (including humanitarian activities) by U.S. persons or their employees only, and must remain under the control and supervision of the U.S. person employer. (c) Definition of U.S. person. See part 772 of the EAR. List of Subjects I 3. The authority citation for 15 CFR part 742 continues to read as follows: 15 CFR Part 740 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. 15 CFR Parts 742 and 774 Exports, Foreign trade. 15 CFR Part 772 Exports. Accordingly, parts 740, 742, 772 and 774 of the Export Administration Regulations (15 CFR parts 730–799) are amended as follows: I PART 740—[AMENDED] 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 2, 2005, 70 FR 45273 (August 5, 2005). 2. Add new § 740.19 to read as follows: I United States persons in Libya (a) Scope. This License Exception authorizes exports and reexports to U.S. persons in Libya of items controlled for AT reasons only under the following ECCNs as described: (1) All items controlled under the following ECCNs: (i) 2A994; (ii) 5A992; (iii) 5D992; and (iv) 9A990. (2) Other items, as follows: (i) 3A991.a through 3A991.j, and 3A991.n; (ii) 3A992.b.1, 3A992.b.2 and 3A992.c; (iii) 3B992.b; (iv) 4A994, for items with CTP levels up to 12,000 MTOPS; and VerDate Aug<31>2005 14:53 Nov 15, 2005 Jkt 208001 Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 18 U.S.C. 2510 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; Sec 1503, Pub. L. 108–11,117 Stat. 559; 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. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003–23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of November 4, 2004, 69 FR 64637, 3 CFR, 2004 Comp., p. 303; Notice of August 2, 2005, 70 FR 45273 (August 5, 2005). 4. Section 742.20 is amended by revising paragraph (a)(1) to read as follows: I 1. The authority citation for 15 CFR part 740 continues to read as follows: I § 740.19 (USPL). PART 742—[AMENDED] § 742.20 Anti-terrorism: Libya (a) License requirements. (1) If AT Column 1 of the Country Chart (Supplement No. 1 to part 738 of the EAR) is indicated in the appropriate ECCN, or the License Requirements Section of an ECCN on the Commerce Control List (Supplement No. 1 to part 774 of the EAR) indicates that such an ECCN is otherwise controlled to Libya for AT reasons without reference to a particular column on the Country Chart, BIS requires a license for export and reexport to Libya for antiterrorism purposes. Also see § 740.19 of the EAR. * * * * * PART 772—[AMENDED] 5. The authority citation for 15 CFR part 772 continues to read as follows: I 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 2, 2005, 70 FR 45273 (August 5, 2005). 6. Paragraph (a) introductory text of the definition for U.S. Person in § 772.1 is amended to read as follows: I PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 § 772.1 Definitions of terms as used in the Export Administration Regulations (EAR). * * * * * U.S. Person. (a) For purposes of §§ 740.19, 744.6, 744.10, 744.11, 744.12, 744.13 and 744.14 of the EAR, the term U.S. person includes: * * * * * PART 774—[AMENDED] 7. The authority citation for 15 CFR part 774 continues to read as follows: I 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); 18 U.S.C. 2510 et seq.; 22 U.S.C. 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 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. 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 2, 2005, 70 FR 45273 (August 5, 2005). Supplement No. 1 to Part 774 [Amended] 8. In Supplement No. 1 to part 774 (the Commerce Control List), Category 2—Materials Processing, Export Control Classification Number (ECCN) 2A994 is amended by revising the License Requirements section to read as follows: I 2A994 Portable electric generators and specially designed parts. License Requirements Reason for Control: AT. Control(s). AT applies to entire entry. A license is required for items controlled by this entry to Cuba, Iran, Libya and North Korea. The Commerce Country Chart is not designed to determine licensing requirements for this entry. See part 746 of the EAR for additional information on Cuba and Iran. See §§ 740.19 and 742.20 of the EAR for additional information on Libya. See § 742.19 of the EAR for additional information on North Korea. * * * * * 9. In Supplement No. 1 to part 774 (the Commerce Control List), Category 3—Electronics, Export Control Classification Number (ECCN) 3A991 is amended by revising the License Requirements section to read as follows: I 3A991 Electronic devices and components not controlled by 3A001. License Requirements Reason for Control: AT. Control(s) Country chart AT applies to entire entry ...... AT Column 1. See §§ 740.19 and 742.20 of the EAR for additional information on Libya. * E:\FR\FM\16NOR1.SGM * * 16NOR1 * * Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations 10. In Supplement No. 1 to part 774 (the Commerce Control List), Category 3—Electronics, Export Control Classification Number (ECCN) 3A992 is amended by revising the License Requirements section to read as follows: 5A991 Telecommunication equipment, not controlled by 5A001. License Requirements Reason for Control: AT. Control(s) Country chart 3A992 General purpose electronic equipment not controlled by 3A002. License Requirements Reason for Control: AT. AT applies to entire entry ...... AT Column 1. I Control(s) Country chart AT applies to entire entry ...... AT Column 1. See §§ 740.19 and 742.20 of the EAR for additional information on Libya. * * * * * I 11. In Supplement No. 1 to part 774 (the Commerce Control List), Category 3—Electronics, Export Control Classification Number (ECCN) 3B992 is amended by revising the License Requirements section to read as follows: 3B992 Equipment not controlled by 3B002 for the inspection or testing of Electronic components and materials, and specially designed components and accessories therefor. License Requirements Reason for Control: AT. Control(s) Country chart AT applies to entire entry ...... AT Column 1. See §§ 740.19 and 742.20 of the EAR for additional information on Libya. * * * * * 12. In Supplement No. 1 to part 774 (the Commerce Control List), Category 4—Computers, Export Control Classification Number (ECCN) 4A994 is amended by revising the License Requirements section to read as follows: I 4A994 Computers, ‘‘electronic assemblies’’, and related equipment not controlled by 4A001 or 4A003, and specially designed components therefor. License Requirements Reason for Control: AT. * * * * * 14. In Supplement No. 1 to part 774 (the Commerce Control List), Category 5—Telecommunications and ‘‘Information Security’’—Information Security, Export Control Classification Number (ECCN) 5A992 is amended by revising the License Requirements section to read as follows: I 5A992 Equipment not controlled by 5A002. License Requirements Reason for Control: AT. Control(s) Country chart AT applies to 5A992.a .......... AT applies to 5A992.b .......... AT Column 1. AT Column 2. See §§ 740.19 and 742.20 of the EAR for additional information on Libya. * * * * * I 15. In Supplement No. 1 to part 774 (the Commerce Control List), Category 5—Telecommunications and ‘‘Information Security’’—Information Security, Export Control Classification Number (ECCN) 5D992 is amended by revising the License Requirements section to read as follows: 5D992 ‘‘Information Security’’ ‘‘software’’ not controlled by 5D002. License Requirements Reason for Control: AT. Control(s) Country chart AT applies to 5D992.a.1 and .b.1. AT applies to 5D992.a.2, b.2 and c. AT Column 1. AT Column 2. Control(s) Country chart See §§ 740.19 and 742.20 of the EAR for additional information on Libya. AT applies to entire entry ...... AT Column 1. * * * * * 13. In Supplement No. 1 to part 774 (the Commerce Control List), Category 5—Telecommunications and Information Security’’— Telecommunications, Export Control Classification Number (ECCN) 5A991 is amended by revising the License Requirements section to read as follows: I VerDate Aug<31>2005 11:21 Nov 15, 2005 Jkt 208001 * * * * 16. In Supplement No. 1 to part 774 (the Commerce Control List), Category 9—Propulsion Systems, Space Vehicles and Related Equipment, Export Control Classification Number (ECCN) 9A990 is amended by revising the License Requirements section to read as follows: I See §§ 740.19 and 742.20 of the EAR for additional information on Libya. * Control(s) Country chart AT applies to entire entry except 9A990.a. AT applies to 9A990.a only ... AT Column 1. 9A990 Diesel engines, n.e.s., and tractors and specially designed parts therefor, n.e.s. License Requirements Reason for Control: AT. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 AT Column 2. See §§ 740.19 and 742.20 of the EAR for additional information on Libya. * See §§ 740.19 and 742.20 of the EAR for additional information on Libya. 69435 * * * * Dated: November 9, 2005. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 05–22674 Filed 11–15–05; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 172 [Docket No. 2004F–0374] Food Additives Permitted for Direct Addition to Food for Human Consumption; Vitamin D3 AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. SUMMARY: The Food and Drug Administration (FDA) is amending the food additive regulations to provide for the safe use of vitamin D3 as a nutrient supplement in cheese and cheese products at a level above that currently allowed by the regulations. This action is in response to a petition filed by Kraft Foods Global, Inc. (Kraft). DATES: This rule is effective November 16, 2005. Submit written or electronic objections and requests for a hearing by December 16, 2005. See Section VI of this document for information on the filing of objections. ADDRESSES: You may submit written objections and requests for a hearing, identified by Docket No. 2004F–0374, by any of the following methods: Electronic Submissions Submit electronic objections in the following ways: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Agency Web site: https:// www.fda.gov/dockets/ecomments. Written Submissions Submit written submissions in the following ways: • FAX: 301–827–6870. • Mail/Hand delivery/Courier [For paper, disk, or CD–ROM submissions]: E:\FR\FM\16NOR1.SGM 16NOR1

Agencies

[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Rules and Regulations]
[Pages 69432-69435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22674]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 742, 772 and 774

[Docket No. 051028279-5279-01]
RIN 0694-AD57


Establishment of New License Exception for the Export or Reexport 
to U.S. Persons in Libya of Certain Items Controlled for Anti-Terrorism 
Reasons Only on the Commerce Control List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: In this interim rule, the Bureau of Industry and Security 
(BIS) amends the Export Administration Regulations (EAR) to implement 
changes to export and reexport controls with respect to Libya. 
Specifically, in this rule, BIS establishes a License Exception 
authorizing the export or reexport to U.S. persons in Libya of certain 
items listed on the Commerce Control List and controlled for anti-
terrorism (AT) reasons only. This rule is consistent with the 
President's decision to modify United States' sanctions against Libya, 
in response to Libya's continuing efforts to dismantle its weapons of 
mass destruction (WMD) and missile programs and its renunciation of 
terrorism.

DATES: This rule is effective November 16, 2005. Comments must be 
received on or before December 16, 2005.

ADDRESSES: Written comments on this rule may be sent to the Federal 
eRulemaking Portal: https://www.regulations.gov, or by e-mail to 
publiccomments@bis.doc.gov. Include RIN 0694-AD57 in the subject line 
of the message. Comments may be submitted by mail or hand delivery to 
Sheila Quarterman, Office of Exporter Services, Regulatory Policy 
Division, Bureau of Industry and Security, Department of Commerce, 14th 
& Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230, ATTN: RIN 
0694-AD57; or by fax: 202-482-3355.
    Send comments regarding the collection of information 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: Joan Roberts, Director, Foreign Policy 
Division, Office of Nonproliferation and Treaty Compliance, Bureau of 
Industry and Security, Department of Commerce,

[[Page 69433]]

P.O. Box 273, Washington, DC 20044; Telephone: (202) 482-4252, or E-
mail: jroberts@bis.doc.gov.

SUPPLEMENTARY INFORMATION:

Background

    In this rule, the Bureau of Industry and Security (BIS) amends the 
Export Administration Regulations (EAR) by creating a new License 
Exception authorizing the export or reexport of certain items 
controlled for anti-terrorism (AT) reasons only on the Commerce Control 
List (CCL) to U.S. persons in Libya. In consultation with U.S. 
industry, BIS has identified certain items controlled for AT reasons 
only which are essential for undertaking business or professional 
activities, including humanitarian activities, in Libya. Excepting 
these items from license requirements, when consigned to and for use by 
U.S. persons or their employees only, would facilitate the ability of 
U.S. persons to do business in Libya without adversely jeopardizing 
U.S. national security or foreign policy interests with respect to 
Libya.
    This rule is consistent with the President's April 23, 2004, 
decision to modify United States' sanctions against Libya, in response 
to Libya's continuing efforts to dismantle its weapons of mass 
destruction and missile programs and its renunciation of terrorism.

Establishment of New License Exception USPL

    BIS has determined that a change in policy is warranted for certain 
AT-controlled items that are essential for U.S. persons conducting 
business or professional activities in Libya. In drafting this rule, 
BIS considered a range of items controlled for AT reasons only and 
identified those that could be excepted from license requirements when 
exported or reexported for the exclusive use of U.S. persons in Libya 
or their employees (within the scope of their employment). These items 
are widely available outside the United States, and have a low 
likelihood to contribute significantly to terrorism or WMD-related 
activities in Libya. Items classified under Export Control 
Classification Numbers (ECCNs) 2A994 (portable generators), 5A992 
(encryption hardware), 5D992 (``Information Security'' ``software'' not 
controlled by 5D002) and 9A990 (diesel engines), and certain items 
classified under ECCNs 3A991 (electronic devices), 3A992 (electronic 
equipment), 3B992 (test and inspection equipment for electronic 
components), 4A994 (computers), 5A991 (telecommunications equipment) 
are eligible for new License Exception United States Persons In Libya 
(USPL), as set forth in new section 740.19 of the EAR, when those items 
are exported or reexported to Libya consigned to and for use by U.S. 
persons and their employees only. The definition of U.S. person set 
forth in part 772 of the EAR is applicable to this new provision.
    Items exported or reexported to Libya pursuant to the new License 
Exception USPL may only be used by U.S. persons or by non-U.S. person 
employees within the scope of their employment and must remain under 
the control and supervision of the U.S. person employer. They may not 
be transferred to non-U.S. persons in Libya.
    Additionally, items exported or reexported to Libya pursuant to 
License Exception USPL and not consumed or destroyed in the ordinary 
course of business may be returned to the United States without 
authorization from BIS, or such items may be reexported to a third 
country consistent with the provisions of the EAR applicable to such 
reexports, which in some cases may require authorization from BIS.
    Libya remains on the list of state sponsors of terrorism, and, 
therefore, it is appropriate for the United States to continue to 
require a license for the export or reexport to non-U.S. persons in 
Libya of AT-controlled items, as set forth in section 742.20. Further, 
AT-controlled items not specifically identified as eligible under 
License Exception USPL continue to require a license if exported or 
reexported to U.S. persons in Libya.
    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 2, 
2005 (70 FR 45273, August 5, 2005), continues the EAR in effect under 
the International Emergency Economic Powers Act (IEEPA).

Rulemaking Requirements

    1. This interim rule has been determined to be not significant for 
the 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 numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour 
estimate of 58 minutes to prepare and submit form BIS-748. This rule is 
expected to result in a small decrease in license applications.
    3. This rule does not contain policies with federalism implications 
sufficient to warrant preparation of a federalism assessment under 
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 or foreign affairs function 
of the United States (see 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 by 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.
    However, because of the importance of the issues raised by these 
regulations, this rule is being issued in interim form and BIS will 
consider comments in the development of the final regulations. 
Accordingly, the Department of Commerce (the Department) encourages 
interested persons who wish to comment to do so at the earliest 
possible time to permit the fullest consideration of their views.
    The period for submission of comments will close December 16, 2005. 
The Department will consider all comments received before the close of 
the comment period in developing final regulations. Comments received 
after the end of the comment period will be considered if possible, but 
their consideration cannot be assured. The Department will not accept 
public comments accompanied by a request that a part or all of the 
material be treated confidentially because of its business proprietary 
nature or for any other reason. The Department will return such 
comments and materials to the persons submitting the comments and will 
not consider them in the development of final regulations. All public 
comments on these regulations will be a matter of public record and 
will be available for public inspection and copying. In the interest of 
accuracy and completeness, the Department requires comments in written 
form.
    Oral comments must be followed by written memoranda, which will 
also be a matter of public record and will be

[[Page 69434]]

available for public review and copying. Communications from agencies 
of the United States Government or foreign governments will not be 
available for public inspection.
    The Office of Administration, Bureau of Industry and Security, U.S. 
Department of Commerce, displays these public comments on BIS's Freedom 
of Information Act (FOIA) Web site at https://www.bos.doc.gov/foia. This 
office does not maintain a separate public inspection facility. If you 
have technical difficulties accessing this Web site, please call BIS's 
Office of Administration at (202) 482-0637 for assistance.

List of Subjects

15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

15 CFR Parts 742 and 774

    Exports, Foreign trade.

15 CFR Part 772

    Exports.


0
Accordingly, parts 740, 742, 772 and 774 of the Export Administration 
Regulations (15 CFR parts 730-799) are amended as follows:

PART 740--[AMENDED]

0
1. 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 2, 2005, 70 FR 45273 (August 5, 2005).


0
2. Add new Sec.  740.19 to read as follows:


Sec.  740.19  United States persons in Libya (USPL).

    (a) Scope. This License Exception authorizes exports and reexports 
to U.S. persons in Libya of items controlled for AT reasons only under 
the following ECCNs as described:
    (1) All items controlled under the following ECCNs:
    (i) 2A994;
    (ii) 5A992;
    (iii) 5D992; and
    (iv) 9A990.
    (2) Other items, as follows:
    (i) 3A991.a through 3A991.j, and 3A991.n;
    (ii) 3A992.b.1, 3A992.b.2 and 3A992.c;
    (iii) 3B992.b;
    (iv) 4A994, for items with CTP levels up to 12,000 MTOPS; and
    (v) 5A991.b.2, 5A991.b.3, 5A991.b.4, 5A991.b.7, 5A991.c.1 through 
c.9, 5A991.e, 5A991.g and 5A991.h.
    (b) Additional restrictions. Items exported or reexported to Libya 
pursuant to this License Exception must be consigned to and for 
exclusive use in business or professional activities (including 
humanitarian activities) by U.S. persons or their employees only, and 
must remain under the control and supervision of the U.S. person 
employer.
    (c) Definition of U.S. person. See part 772 of the EAR.

PART 742--[AMENDED]

0
3. The authority citation for 15 CFR part 742 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
18 U.S.C. 2510 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; Sec 1503, 
Pub. L. 108-11,117 Stat. 559; 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. 13026, 61 
FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 
2001 Comp., p. 783; Presidential Determination 2003-23 of May 7, 
2003, 68 FR 26459, May 16, 2003; Notice of November 4, 2004, 69 FR 
64637, 3 CFR, 2004 Comp., p. 303; Notice of August 2, 2005, 70 FR 
45273 (August 5, 2005).


0
4. Section 742.20 is amended by revising paragraph (a)(1) to read as 
follows:


Sec.  742.20  Anti-terrorism: Libya

    (a) License requirements. (1) If AT Column 1 of the Country Chart 
(Supplement No. 1 to part 738 of the EAR) is indicated in the 
appropriate ECCN, or the License Requirements Section of an ECCN on the 
Commerce Control List (Supplement No. 1 to part 774 of the EAR) 
indicates that such an ECCN is otherwise controlled to Libya for AT 
reasons without reference to a particular column on the Country Chart, 
BIS requires a license for export and reexport to Libya for 
antiterrorism purposes. Also see Sec.  740.19 of the EAR.
* * * * *

PART 772--[AMENDED]

0
5. The authority citation for 15 CFR part 772 continues 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 
2, 2005, 70 FR 45273 (August 5, 2005).


0
6. Paragraph (a) introductory text of the definition for U.S. Person in 
Sec.  772.1 is amended to read as follows:


Sec.  772.1  Definitions of terms as used in the Export Administration 
Regulations (EAR).

* * * * *
    U.S. Person. (a) For purposes of Sec. Sec.  740.19, 744.6, 744.10, 
744.11, 744.12, 744.13 and 744.14 of the EAR, the term U.S. person 
includes:
* * * * *

PART 774--[AMENDED]

0
7. The authority citation for 15 CFR part 774 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); 18 U.S.C. 2510 et seq.; 22 U.S.C. 
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 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. 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 2, 2005, 70 FR 45273 (August 5, 2005).

Supplement No. 1 to Part 774 [Amended]

0
8. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2A994 is amended by revising the License Requirements section to 
read as follows:

2A994 Portable electric generators and specially designed parts.

License Requirements

    Reason for Control: AT.
    Control(s). AT applies to entire entry. A license is required 
for items controlled by this entry to Cuba, Iran, Libya and North 
Korea. The Commerce Country Chart is not designed to determine 
licensing requirements for this entry. See part 746 of the EAR for 
additional information on Cuba and Iran. See Sec. Sec.  740.19 and 
742.20 of the EAR for additional information on Libya. See Sec.  
742.19 of the EAR for additional information on North Korea.
* * * * *

0
9. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A991 is amended by revising the License Requirements section to read 
as follows:

3A991 Electronic devices and components not controlled by 3A001.

License Requirements

    Reason for Control: AT.

------------------------------------------------------------------------
                Control(s)                         Country chart
------------------------------------------------------------------------
AT applies to entire entry...............  AT Column 1.
------------------------------------------------------------------------

    See Sec. Sec.  740.19 and 742.20 of the EAR for additional 
information on Libya.
* * * * *

[[Page 69435]]


0
10. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A992 is amended by revising the License Requirements section to read 
as follows:

3A992 General purpose electronic equipment not controlled by 3A002.

License Requirements

    Reason for Control: AT.

------------------------------------------------------------------------
                Control(s)                         Country chart
------------------------------------------------------------------------
AT applies to entire entry...............  AT Column 1.
------------------------------------------------------------------------

    See Sec. Sec.  740.19 and 742.20 of the EAR for additional 
information on Libya.
* * * * *

0
11. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3B992 is amended by revising the License Requirements section to read 
as follows:

3B992 Equipment not controlled by 3B002 for the inspection or testing 
of Electronic components and materials, and specially designed 
components and accessories therefor.

License Requirements

    Reason for Control: AT.

------------------------------------------------------------------------
                Control(s)                         Country chart
------------------------------------------------------------------------
AT applies to entire entry...............  AT Column 1.
------------------------------------------------------------------------

    See Sec. Sec.  740.19 and 742.20 of the EAR for additional 
information on Libya.
* * * * *

0
12. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4A994 is amended by revising the License Requirements section to read 
as follows:

4A994 Computers, ``electronic assemblies'', and related equipment not 
controlled by 4A001 or 4A003, and specially designed components 
therefor.

License Requirements

    Reason for Control: AT.

------------------------------------------------------------------------
                Control(s)                         Country chart
------------------------------------------------------------------------
AT applies to entire entry...............  AT Column 1.
------------------------------------------------------------------------

    See Sec. Sec.  740.19 and 742.20 of the EAR for additional 
information on Libya.
* * * * *

0
13. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and Information Security''--
Telecommunications, Export Control Classification Number (ECCN) 5A991 
is amended by revising the License Requirements section to read as 
follows:

5A991 Telecommunication equipment, not controlled by 5A001.

License Requirements

    Reason for Control: AT.

------------------------------------------------------------------------
                Control(s)                         Country chart
------------------------------------------------------------------------
AT applies to entire entry...............  AT Column 1.
------------------------------------------------------------------------

    See Sec. Sec.  740.19 and 742.20 of the EAR for additional 
information on Libya.
* * * * *

0
14. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security''--
Information Security, Export Control Classification Number (ECCN) 5A992 
is amended by revising the License Requirements section to read as 
follows:

5A992 Equipment not controlled by 5A002.

License Requirements

    Reason for Control: AT.

------------------------------------------------------------------------
                Control(s)                         Country chart
------------------------------------------------------------------------
AT applies to 5A992.a....................  AT Column 1.
AT applies to 5A992.b....................  AT Column 2.
------------------------------------------------------------------------

    See Sec. Sec.  740.19 and 742.20 of the EAR for additional 
information on Libya.
* * * * *
0
15. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security''--
Information Security, Export Control Classification Number (ECCN) 5D992 
is amended by revising the License Requirements section to read as 
follows:

5D992 ``Information Security'' ``software'' not controlled by 5D002.

License Requirements

    Reason for Control: AT.

------------------------------------------------------------------------
                Control(s)                         Country chart
------------------------------------------------------------------------
AT applies to 5D992.a.1 and .b.1.........  AT Column 1.
AT applies to 5D992.a.2, b.2 and c.......  AT Column 2.
------------------------------------------------------------------------

    See Sec. Sec.  740.19 and 742.20 of the EAR for additional 
information on Libya.
* * * * *

0
16. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Propulsion Systems, Space Vehicles and Related Equipment, 
Export Control Classification Number (ECCN) 9A990 is amended by 
revising the License Requirements section to read as follows:

9A990 Diesel engines, n.e.s., and tractors and specially designed parts 
therefor, n.e.s.

License Requirements

    Reason for Control: AT.

------------------------------------------------------------------------
                Control(s)                         Country chart
------------------------------------------------------------------------
AT applies to entire entry except 9A990.a  AT Column 1.
AT applies to 9A990.a only...............  AT Column 2.
------------------------------------------------------------------------

    See Sec. Sec.  740.19 and 742.20 of the EAR for additional 
information on Libya.
* * * * *

    Dated: November 9, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 05-22674 Filed 11-15-05; 8:45 am]
BILLING CODE 3510-33-P
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