Clarification to the Export Administration Regulations; General Order to Implement the Syria Accountability and Lebanese Sovereignty Act, 9441-9442 [06-1709]

Download as PDF Federal Register / Vol. 71, No. 37 / Friday, February 24, 2006 / Rules and Regulations considered unnecessary obstacles. The TAA also requires consideration of international standards and where appropriate, that they be the basis for U.S. standards. In addition, consistent with the Administration’s belief in the general superiority and desirability of free trade, it is the policy of the Administration to remove or diminish to the extent feasible, barriers to international trade, including both barriers affecting the export of American goods and services to foreign countries and barriers affecting the import of foreign goods and services into the United States. The FAA has assessed the potential effect of this final rule under the above Act and policy, and has determined that it will have only a domestic impact and therefore no effect on any trade-sensitive activity. Federalism Implications This amendment will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this amendment would not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment. Unfunded Mandates Reform Act The Unfunded Mandate Reform Act of 1995 (the Act) is intended, among other things, to curb the practice of imposing unfunded Federal mandates on State, local, and tribal governments. Title II of the Act requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (adjusted annually for inflation) in any one year by State, local, and tribal governments, in the aggregate, or by the private sector. Such a mandate is deemed to be a ‘‘significant regulatory action.’’ The FAA currently uses an inflation-adjusted value of $120.7 million in lieu of $100 million. This final rule does not contain such a mandate. The requirements of Title II of the Act, therefore, do not apply. List of Subjects in 14 CFR Part 93 wwhite on PROD1PC61 with RULES Air traffic control, Airports, Navigation (air). Adoption of Amendments Accordingly, the Federal Aviation Administration (FAA) amends 14 CFR part 93 as follows: I VerDate Aug<31>2005 18:05 Feb 23, 2006 Jkt 208001 PART 93—SPECIAL AIR TRAFFIC RULES AND AIRPORT TRAFFIC PATTERNS 1. The authority citation for part 93 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40103, 40113, 40120, 44101,44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46502, 46504, 46506–46507, 47122, 47508, 47528–47531. 2. Paragraphs (a) and (b) of section 93.305, published on December 31, 1996 (61 FR 69330), then delayed on April 4, 2000 (65 FR 17736), and most recently stayed until February 20, 2006 (68 FR 9496, February 27, 2003), are further stayed until February 20, 2011. I Issued in Washington, DC on February 17, 2006. Marion C. Blakey, Administrator. [FR Doc. 06–1759 Filed 2–21–06; 4:13 pm] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 742 and 746 [Docket No. 051230351–5351–01] RIN 0694–AD68 Clarification to the Export Administration Regulations; General Order to Implement the Syria Accountability and Lebanese Sovereignty Act Bureau of Industry and Security, Commerce. ACTION: Final rule. AGENCY: SUMMARY: The Bureau of Industry and Security publishes this final rule to amend the Export Administration Regulations (EAR) by adding two crossreferences to the General Order Implementing the Syria Accountability and Lebanese Sovereignty Act (Syria General Order). This amendment clarifies that provisions of the Syria General Order set forth special controls on exports and reexports to Syria and supersede other provisions in the EAR specific to Syria. DATES: This rule is effective February 24, 2006. ADDRESSES: Send comments regarding the Paperwork Reduction Act burden estimates or any other aspect of the collection of information affected by this rule to David Rostker, OMB Desk Officer, by e-mail at david_rostker@omb.eop.gov or by fax to 202–395–7285; with a copy to the PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 9441 Regulatory Policy Division, Bureau of Industry and Security at one of the addresses below. Send comments concerning any other aspect of this rule via e-mail to rpd2@bis.doc.gov, via fax to 202–482–3355 or to the Bureau of Industry and Security, Office of Exporter Services, Regulatory Policy Division, Room H2017, U.S. Department of Commerce, Washington, DC 20230. Please refer to RIN 0694–AD68 in all comments. FOR FURTHER INFORMATION CONTACT: Sheila Quarterman, Bureau of Industry and Security, Office of Exporter Services, Regulatory Policy Division, by phone at 202–482–2440 or by fax 202– 482–3355. SUPPLEMENTARY INFORMATION: Background On May 14, 2004 the Bureau of Industry and Security issued General Order Implementing Syria Accountability and Lebanese Sovereignty Act of 2003 (Syria General Order) consistent with Executive Order 13338 of May 11, 2004. Pursuant to the Syria General Order, exports and reexports of all items subject to the Export Administration Regulations (EAR) (15 CFR 730 et seq.), except food and medicine classified as EAR99 and ‘‘deemed export’’ and ‘‘deemed reexport’’ of EAR99 technology or source code, require a license to Syria (medicine is defined in Part 772 of the EAR). All license applications for exports or reexports to Syria are subject to a general policy of denial, other than particular transactions described in the General Order. The Syria General Order is set forth in Supplement No. 1 to Part 736 of the EAR as General Order No. 2. In response to a suggestion by exporters, this final rule clarifies that the Syria General Order sets forth special controls on exports and reexports to Syria and supersedes other provisions in the EAR specific to Syria by adding two cross references to the Syria General Order in parts 742 and 746 of the EAR. Specifically, this final rule adds a new paragraph (e) to section 742.9 ‘‘Antiterrorism: Syria’’, and adds new section 746.9, ‘‘Syria,’’ to part 746—Embargoes and Other Special Controls. Although the Export Administration Act expired on August 20, 2001, the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as extended by the Notice of August 2, 2005, 70 FR 45273 (August 5, 2005), has continued the Export Administration Regulations in effect under the International Emergency Economic Powers Act. E:\FR\FM\24FER1.SGM 24FER1 9442 Federal Register / Vol. 71, No. 37 / Friday, February 24, 2006 / Rules and Regulations wwhite on PROD1PC61 with RULES Rulemaking Requirements 15 CFR Part 746 1. This rule has been determined to be not significant for purposes of E.O. 12866. 2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a currently valid Office of Management and Budget Control Number. This rule involves collections of information subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These collections have been approved by Office of Management and Budget under control number 0694–0088, ‘‘Multi-Purpose Application,’’ which carries a burden hour estimate of 58 minutes for a manual or electronic submission. BIS believes that this rule will not materially affect the burden imposed by this collections. 3. This rule does not contain policies with Federalism implications as that term is defined under E.O. 13132. 4. The Department finds that there is good cause under 5 U.S.C. 553(b)(B) to waive the provisions of the Administrative Procedure Act requiring prior notice and the opportunity for public comment because it is unnecessary. The changes made by this rule merely provide greater clarity by including cross-references to interrelated provisions of existing regulations. In particular, the Syria General Order, published in May of 2004, modified the regulatory treatment of exports and reexports to Syria. This rule inserts references to the General Order into existing Syria specific provisions of the EAR to ensure that the public is aware of the existence of the Syria General Order. Therefore because the changes made by this rule are not substantive, it is unnecessary to provide notice and opportunity for public comment. In addition, the 30-day delay in effectiveness required by 5 U.S.C. 553(d) is not applicable because this rule is not a substantive rule. Because notice of proposed rulemaking and opportunity for public comment are not required to be given for this rule under the Administrative Procedure Act or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Exports, Foreign trade. I Accordingly, parts 742 and 746 of the Export Administration Regulations (15 CFR parts 730—799) are amended as follows: List of Subjects 15 CFR Part 742 Exports, Terrorism. VerDate Aug<31>2005 18:05 Feb 23, 2006 17 CFR Part 1 RIN 3038–AC20 PART 742—[AMENDED] Definition of ‘‘Client’’ of a Commodity Trading Advisor I 1. The authority citation for part 742 continues to read as follows: AGENCY: 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 August 2, 2005, 70 FR 45273 (August 5, 2005); Notice of October 25, 2005, 70 FR 62027 (October 27, 2005). ACTION: 2. Section 742.9 is amended to add a new paragraph (e) as follows: I § 742.9 Anti-terrorism: Syria. * * * * * (e) General Order No. 2, Supplement No. 1 to part 736 of the EAR, sets forth special controls for exports and reexports to Syria. General Order No. 2 supersedes the provisions of paragraphs (a) through (d) of this section. PART 746—[AMENDED] 3. The authority citation for part 746 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. 287c; Sec 1503, Pub. L. 108–11,117 Stat. 559; 22 U.S.C. 6004; Sec. 901–911, Pub. L. 106–387; Sec. 221, Pub. L. 107–56; E.O. 12854, 58 FR 36587, 3 CFR 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003–23 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August 2, 2005, 70 FR 45273 (August 5, 2005). 4. New section 746.9 is added to read as follows: I § 746.9 Syria. General Order No. 2, Supplement No. 1 to part 736 of the EAR, sets forth special controls for exports and reexports to Syria. Dated: February 14, 2006. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc.06–1709 Filed 2–23–06; 8:45 am] BILLING CODE 3510–33–P Jkt 208001 COMMODITY FUTURES TRADING COMMISSION PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Commodity Futures Trading Commission. Final regulations. SUMMARY: The Commodity Futures Trading Commission (Commission) is amending Regulation 1.3(bb) by adding to that regulation a definition of the term ‘‘client,’’ as it relates to commodity trading advisors (CTAs). This amendment clarifies inconsistencies in the Commission’s regulations concerning the advisees of CTAs, and it reflects the Commission’s longstanding view that its antifraud authority extends to all CTAs, irrespective of whether they provide advice on a personalized or nonpersonalized basis. The Commission is also amending Regulation 1.3(bb) by adding the term ‘‘derivatives transaction execution facility’’ to the CTA definition set forth in that regulation. DATES: Effective Date: March 27, 2006. FOR FURTHER INFORMATION CONTACT: Barbara S. Gold, Associate Director, or R. Stephen Painter Jr., Staff Attorney, Division of Clearing and Intermediary Oversight, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581, telephone number: (202) 418– 5450 or (202) 418–5416, respectively; facsimile number: (202) 418–5528; and electronic mail: bgold@cftc.gov or spainter@cftc.gov, respectively. SUPPLEMENTARY INFORMATION: I. The Proposal A. Background On September 28, 2005, the Commission published for public comment a proposed amendment to Regulation 1.3(bb) (Proposal).1 That amendment, which the Commission is 1 70 FR 56608. This Federal Register release announcing the Proposal (Proposing Release) may be accessed through the Commission’s Web site: https://www.cftc.gov/files/foia/fedreg05/ foi050928a.pdf. In the Proposing Release, the Commission provided a detailed explanation of the proposed amendment to Regulation 1.3(bb). Accordingly, the Commission encourages interested persons to read the Proposing Release for a fuller discussion of the purpose of the amendment to Regulation 1.3(bb). The Commission’s regulations are found at 17 CFR Ch. I (2005) and may be accessed at https:// www.gpoaccess.gov/ecfr. E:\FR\FM\24FER1.SGM 24FER1

Agencies

[Federal Register Volume 71, Number 37 (Friday, February 24, 2006)]
[Rules and Regulations]
[Pages 9441-9442]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1709]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 742 and 746

[Docket No. 051230351-5351-01]
RIN 0694-AD68


Clarification to the Export Administration Regulations; General 
Order to Implement the Syria Accountability and Lebanese Sovereignty 
Act

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: The Bureau of Industry and Security publishes this final rule 
to amend the Export Administration Regulations (EAR) by adding two 
cross-references to the General Order Implementing the Syria 
Accountability and Lebanese Sovereignty Act (Syria General Order). This 
amendment clarifies that provisions of the Syria General Order set 
forth special controls on exports and reexports to Syria and supersede 
other provisions in the EAR specific to Syria.

DATES: This rule is effective February 24, 2006.

ADDRESSES: Send comments regarding the Paperwork Reduction Act burden 
estimates or any other aspect of the collection of information affected 
by this rule to David Rostker, OMB Desk Officer, by e-mail at david_
rostker@omb.eop.gov or by fax to 202-395-7285; with a copy to the 
Regulatory Policy Division, Bureau of Industry and Security at one of 
the addresses below. Send comments concerning any other aspect of this 
rule via e-mail to rpd2@bis.doc.gov, via fax to 202-482-3355 or to the 
Bureau of Industry and Security, Office of Exporter Services, 
Regulatory Policy Division, Room H2017, U.S. Department of Commerce, 
Washington, DC 20230. Please refer to RIN 0694-AD68 in all comments.

FOR FURTHER INFORMATION CONTACT: Sheila Quarterman, Bureau of Industry 
and Security, Office of Exporter Services, Regulatory Policy Division, 
by phone at 202-482-2440 or by fax 202-482-3355.

SUPPLEMENTARY INFORMATION:

Background

    On May 14, 2004 the Bureau of Industry and Security issued General 
Order Implementing Syria Accountability and Lebanese Sovereignty Act of 
2003 (Syria General Order) consistent with Executive Order 13338 of May 
11, 2004. Pursuant to the Syria General Order, exports and reexports of 
all items subject to the Export Administration Regulations (EAR) (15 
CFR 730 et seq.), except food and medicine classified as EAR99 and 
``deemed export'' and ``deemed reexport'' of EAR99 technology or source 
code, require a license to Syria (medicine is defined in Part 772 of 
the EAR). All license applications for exports or reexports to Syria 
are subject to a general policy of denial, other than particular 
transactions described in the General Order.
    The Syria General Order is set forth in Supplement No. 1 to Part 
736 of the EAR as General Order No. 2. In response to a suggestion by 
exporters, this final rule clarifies that the Syria General Order sets 
forth special controls on exports and reexports to Syria and supersedes 
other provisions in the EAR specific to Syria by adding two cross 
references to the Syria General Order in parts 742 and 746 of the EAR. 
Specifically, this final rule adds a new paragraph (e) to section 742.9 
``Anti-terrorism: Syria'', and adds new section 746.9, ``Syria,'' to 
part 746--Embargoes and Other Special Controls.
    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as extended by the Notice of August 2, 2005, 
70 FR 45273 (August 5, 2005), has continued the Export Administration 
Regulations in effect under the International Emergency Economic Powers 
Act.

[[Page 9442]]

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes 
of E.O. 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information, subject to the 
requirements of the Paperwork Reduction Act, unless that collection of 
information displays a currently valid Office of Management and Budget 
Control Number. This rule involves collections of information subject 
to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). These 
collections have been approved by Office of Management and Budget under 
control number 0694-0088, ``Multi-Purpose Application,'' which carries 
a burden hour estimate of 58 minutes for a manual or electronic 
submission. BIS believes that this rule will not materially affect the 
burden imposed by this collections.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 13132.
    4. The Department finds that there is good cause under 5 U.S.C. 
553(b)(B) to waive the provisions of the Administrative Procedure Act 
requiring prior notice and the opportunity for public comment because 
it is unnecessary. The changes made by this rule merely provide greater 
clarity by including cross-references to interrelated provisions of 
existing regulations. In particular, the Syria General Order, published 
in May of 2004, modified the regulatory treatment of exports and 
reexports to Syria. This rule inserts references to the General Order 
into existing Syria specific provisions of the EAR to ensure that the 
public is aware of the existence of the Syria General Order. Therefore 
because the changes made by this rule are not substantive, it is 
unnecessary to provide notice and opportunity for public comment. In 
addition, the 30-day delay in effectiveness required by 5 U.S.C. 553(d) 
is not applicable because this rule is not a substantive rule.
    Because notice of proposed rulemaking and opportunity for public 
comment are not required to be given for this rule under the 
Administrative Procedure Act or by any other law, the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable.

List of Subjects

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 746

    Exports, Foreign trade.

0
Accordingly, parts 742 and 746 of the Export Administration Regulations 
(15 CFR parts 730--799) are amended as follows:

PART 742--[AMENDED]

0
1. The authority citation for 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 August 2, 2005, 70 FR 
45273 (August 5, 2005); Notice of October 25, 2005, 70 FR 62027 
(October 27, 2005).


0
2. Section 742.9 is amended to add a new paragraph (e) as follows:


Sec.  742.9  Anti-terrorism: Syria.

* * * * *
    (e) General Order No. 2, Supplement No. 1 to part 736 of the EAR, 
sets forth special controls for exports and reexports to Syria. General 
Order No. 2 supersedes the provisions of paragraphs (a) through (d) of 
this section.

PART 746--[AMENDED]

0
3. The authority citation for part 746 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. 287c; Sec 1503, Pub. L. 108-11,117 Stat. 559; 22 U.S.C. 
6004; Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; E.O. 
12854, 58 FR 36587, 3 CFR 1993 Comp., p. 614; E.O. 12918, 59 FR 
28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 3 CFR, 2001 Comp., p. 
783; Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, 
May 16, 2003; Notice of August 2, 2005, 70 FR 45273 (August 5, 
2005).


0
4. New section 746.9 is added to read as follows:


Sec.  746.9  Syria.

    General Order No. 2, Supplement No. 1 to part 736 of the EAR, sets 
forth special controls for exports and reexports to Syria.

    Dated: February 14, 2006.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc.06-1709 Filed 2-23-06; 8:45 am]
BILLING CODE 3510-33-P

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