Revised Appeal Procedure for Persons Designated as Related Persons to Denial Orders, 27604-27606 [06-4420]
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27604
Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations
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[FR Doc. 06–4477 Filed 5–11–06; 8:45 am]
Background
BILLING CODE 4910–13–P
Section 766.23 of the EAR sets forth
the process for making applicable to a
related person an order denying export
privileges issued pursuant to any
provision of part 766 of the EAR.
Specifically, Section 766.23(a) provides
that ‘‘[i]n order to prevent evasion,’’
orders denying export privileges may be
made applicable to ‘‘persons then or
thereafter related to the respondent [in
a denial order] by ownership, control,
position of responsibility, affiliation, or
other connection in the conduct of trade
or business.’’ Section 766.23 may be
used to make applicable to a related
person an order denying export
privileges issued pursuant to any
provision of part 766. Prior to
publication of this rule, Section
766.23(c) provided that any person
named by BIS as a related person ‘‘may
file an appeal with the administrative
law judge.’’ Section 766.23(c) further
provided that ‘‘[t]he recommended
decision and order of the administrative
law judge shall be reviewed by the
Under Secretary in accordance with the
procedures set forth in Section 766.22 of
this part.’’ This rule amends Section
766.23(c) of the EAR to provide that an
administrative law judge’s decision
pertaining to a related person to whom
an order issued pursuant to Section
766.25 has been made applicable may
be appealed to the Under Secretary for
Industry and Security under part 756.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 756 and 766
[Docket No. 060320077–6077–01]
RIN 0694–AD60
Revised Appeal Procedure for Persons
Designated as Related Persons to
Denial Orders
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule revises Section
766.23(c) of the Export Administration
Regulations (EAR) to make the appeal
procedure for any person named as a
related person to the respondent in an
order denying export privileges
identical to the appeal procedure for the
respondent in that order.
DATES: This rule is effective May 12,
2006.
jlentini on PROD1PC65 with RULES
FOR FURTHER INFORMATION CONTACT:
William Arvin, Regulatory Policy
Division, Bureau of Industry and
Security, e-mail warvin@bis.doc.gov, fax
202–484–3355, tel. 202–484–2440.
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
16:21 May 11, 2006
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PO 00000
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Fmt 4700
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67
Phoenix.
This rule revises Section 766.23(c) to
eliminate three procedural
inconsistencies involving: Appeal by a
related person of an order imposed
under Section 766.25 for violation of a
specified statute; a decision by the
administrative law judge that makes an
order issued for a violation related to
part 760 applicable to a related person;
or an order issued pursuant to Section
766.24 to prevent an imminent violation
of the Export Administration Act, the
EAR, or any order, license or
authorization issued thereunder.
Changes Made By This Rule
Section 766.25 provides the
procedure for imposing denials of
export privileges for up to ten years for
persons convicted of violations of
statutes specified in Section 11(h) for
the Export Administration Act. Prior to
publication of this rule, a person named
as a related person to an order issued
pursuant to Section 766.25 had a right
of appeal to the administrative law
judge. In contrast, the respondent in
such an order had a right of appeal to
the Under Secretary under part 756 of
the EAR. These separate and distinct
appeals procedures could unnecessarily
bifurcate administrative proceedings.
Therefore, this rule amends Section
756.1 by including as a type of action
appealable under part 756 appeals from
actions making an order issued under
Section 766.25 applicable to a related
person.
E:\FR\FM\12MYR1.SGM
12MYR1
jlentini on PROD1PC65 with RULES
Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations
In addition, prior to publication of
this rule, Section 766.23(c) provided
that any recommended decision and
order of the administrative law judge
making an order applicable to a related
person ‘‘shall be reviewed by the Under
Secretary in accordance with the
procedures set forth in Section 766.22
* * *.’’ (Emphasis added.) This
mandatory review process is consistent
with the procedure for respondents in
orders issued for violations of the EAR
that are not related to part 760.
However, procedures for the respondent
to appeal the administrative law judge’s
order for a violation related to part 760
(restrictive trade practices and boycotts)
are set forth in Section 766.21, which
provides that the administrative law
judge’s decision ‘‘may’’ be appealed to
the Under Secretary. (Emphasis added.)
This difference could create
unnecessarily inconsistent and
bifurcated proceedings because the
administrative law judge decision
making an order issued for a violation
related to part 760 applicable to a
related person would be subject to
mandatory Under Secretary review,
whereas the decision of the
administrative law judge with respect to
the respondent in that same order
would become the final agency action
absent an appeal to the Under Secretary.
Therefore, this rule revises Section
766.23 to provide that a decision of the
administrative law judge making an
order issued for a violation related to
part 760 to the EAR applicable to a
related person may be appealed
pursuant to the procedures in Section
766.21 and that the recommended
decision of the administrative law judge
making an order issued pursuant to
Section 766.24 applicable to a related
person shall be reviewed by the Under
Secretary in accordance with the
procedures set forth in Section
766.24(e).
Finally, prior to publication of this
rule, Section 766.24(d)(3)(ii) provided
that a person designated as a related
person to a temporary denial order
issued pursuant to Section 766.24 may
file an appeal in accordance with
Section 766.2(3)(c) (sic). Section
766.23(c) provided that recommended
decisions of the administrative law
judge be reviewed in accordance with
the procedures set forth in Section
766.22. The procedures set forth in
Section 766.22 differ from the
procedures for review of recommended
decisions by the administrative law
judge with respect to orders issued
pursuant to Section 766.24. Therefore,
this rule makes a necessary technical
correction to Section 766.24(d)(3)(ii).
VerDate Aug<31>2005
16:08 May 11, 2006
Jkt 208001
Effect of This Rule
This rule removes potential causes of
unnecessarily bifurcated proceedings by
revising: (1) The appeal procedures for
related persons to orders issued under
Section 766.25; (2) orders issued for
violations related to part 760 of the
EAR; and (3) orders issued pursuant to
Section 766.24 to prevent imminent
violations to make each related person
appeal procedure match the appeal
procedure for the respondent in the
underlying proceeding. Upon
publication of this rule, the appeal
procedure for a related person to any
denial order is identical to that of the
respondent(s) in that same order. This
rule does not change the substantive
grounds for making an order applicable
to a related person, nor does it change
the issues to be decided on appeal of
such an action.
Rulemaking Requirements
1. This 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 rule does
not involve any collections of
information that are subject to the
Paperwork Reduction Act.
3. This rule does not contain policies
with Federalism implications as this
term is defined in Executive Order
13132.
4. Pursuant to 5 U.S.C. 553, the
provisions of the Administrative
Procedure Act requiring a notice of
proposed rulemaking and the
opportunity for public comment are
waived, because this regulation involves
a rule of agency procedure. No other law
requires that a notice of proposed
rulemaking and an opportunity for
public comment be given for this rule.
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule under 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 756
Administrative practice and
procedure, Exports, Penalties.
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
27605
15 CFR Part 766
Administrative practice and
procedure, Confidential business
information, Exports, Law enforcement,
Penalties.
I Accordingly, parts 756 and 766 of the
Export Administration Regulations (15
CFR parts 730–799) are amended as
follows:
PART 756—[AMENDED]
1. The authority citation for 15 CFR
part 756 is revised to read:
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).
2. Section 756.1(a)(2) is revised to
read as follows:
I
§ 756.1
Introduction.
(a) * * *
(2) Denial or probation orders, civil
penalties, sanctions, or other actions
under parts 764 and 766 of the EAR,
except that, any appeal from an action
taken under § 766.25 and any appeal
from an action taken in accordance with
§ 766.23 to make an action taken under
§ 766.25 applicable to a related person
shall be subject to the appeals
procedures described in this part 756.
*
*
*
*
*
PART 766—[AMENDED]
3. 1. The authority citation for 15 CFR
Part 766 is revised to read:
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).
4. Section 766.23(c) is revised to read
as follows:
I
§ 766.23
Related persons.
*
*
*
*
*
(c) Appeals. Any person named by
BIS in an order as related to the
respondent may appeal that action. The
sole issues to be raised and ruled on in
any such appeal are whether the person
so named is related to the respondent
and whether the order is justified in
order to prevent evasion.
(1) A person named as related to the
respondent in an order issued pursuant
to § 766.25 may file an appeal with the
Under Secretary for Industry and
Security pursuant to part 756 of the
EAR.
(2) A person named as related to the
respondent in an order issued pursuant
to other provisions of this part may file
an appeal with the administrative law
judge.
(i) If the order made applicable to the
related person is for a violation related
E:\FR\FM\12MYR1.SGM
12MYR1
27606
Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations
to part 760 of the EAR, the related
person may file an appeal with the
administrative law judge. The related
person may appeal the initial decision
and order of the administrative law
judge to the Under Secretary in
accordance with the procedures set
forth in § 766.21.
(ii) If the order made applicable to the
related person is issued pursuant to
§ 766.24 of this part to prevent an
imminent violation, the recommended
decision and order of the administrative
law judge shall be reviewed by the
Under Secretary in accordance with the
procedures set forth in § 766.24(e) of
this part.
(iii) If the order made applicable to
the related person is for a violation of
the EAR not related to part 760 of the
EAR and not issued pursuant to § 766.24
of this part, the recommended decision
and order of the administrative law
judge shall be reviewed by the Under
Secretary in accordance with the
procedures set forth in § 766.22 of this
part.
I 5. In § 766.24 paragraph (d)(3)(ii) is
revised to read as follows:
§ 766.24
Temporary denials.
*
*
*
*
*
(d) * * *
(3) * * *
(ii) Any person designated as a related
person may not oppose the issuance or
renewal of the temporary denial order,
but may file an appeal in accordance
with § 766.23(c) of this part.
*
*
*
*
*
Dated: May 2, 2006.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 06–4420 Filed 5–11–06; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 558
New Animal Drugs for Use in Animal
Feeds; Melengestrol and Tylosin
AGENCY:
Food and Drug Administration,
HHS.
Final rule; technical
amendment.
jlentini on PROD1PC65 with RULES
ACTION:
SUMMARY: The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect
approval of an abbreviated new animal
drug application (ANADA) filed by Ivy
Laboratories, Division of Ivy Animal
VerDate Aug<31>2005
16:08 May 11, 2006
Jkt 208001
Health, Inc. The ANADA provides for
use of single-ingredient Type A
medicated articles containing
melengestrol and tylosin to make twoway combination Type C medicated
feeds for heifers fed in confinement for
slaughter.
DATES: This rule is effective May 12,
2006.
FOR FURTHER INFORMATION CONTACT:
Daniel A. Benz, Center for Veterinary
Medicine (HFV–104), Food and Drug
Administration, 7500 Standish Pl.,
Rockville, MD 20855, 301–827–0223, email: daniel.benz @fda.hhs.gov.
SUPPLEMENTARY INFORMATION: Ivy
Laboratories, Division of Ivy Animal
Health, Inc., 8857 Bond St., Overland
Park, KS 66214, filed ANADA 200–427
for use of HEIFERMAX 500
(melengestrol acetate) Liquid Premix
and TYLAN (tylosin phosphate) singleingredient Type A medicated articles to
make two-way combination Type C
medicated feeds for heifers fed in
confinement for slaughter. Ivy
Laboratories’ ANADA 200–427 is
approved as a generic copy of
Pharmacia and Upjohn Co.’s new
animal drug application (NADA) 139–
192 for combination use of MGA 500
(melengestrol acetate) Liquid Premix
and TYLAN in cattle feed. The
application is approved as of April 19,
2006, and the regulations are amended
in 21 CFR 558.342 to reflect the
approval. The basis of approval is
discussed in the freedom of information
summary.
In addition, FDA has found that the
April 1, 2005, edition of title 21, parts
500 to 599 of the Code of Federal
Regulations (CFR) does not accurately
reflect the approved conditions of use
for melengestrol and tylosin. This error
was inadvertently included in the 2002
codification of a supplement for the
pioneer application (67 FR 47687, July
22, 2002). At this time, § 558.342 is
being amended to correct this error.
This action is being taken to improve
the accuracy of the regulations.
In accordance with the freedom of
information provisions of 21 CFR part
20 and 21 CFR 514.11(e)(2)(ii), a
summary of safety and effectiveness
data and information submitted to
support approval of this application
may be seen in the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852, between 9
a.m. and 4 p.m., Monday through
Friday.
The agency has determined under 21
CFR 25.33(a)(2) that this action is of a
type that does not individually or
cumulatively have a significant effect on
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
List of Subjects in 21 CFR Part 558
Animal drugs, Animal feeds.
I Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 558 is amended as follows:
PART 558—NEW ANIMAL DRUGS FOR
USE IN ANIMAL FEEDS
1. The authority citation for 21 CFR
part 558 continues to read as follows:
I
Authority: 21 U.S.C. 360b, 371.
§ 558.342
[Amended]
2. In § 558.342, amend the table in
paragraphs (e)(1)(vii) and (e)(1)(ix) in
the ‘‘Limitations’’ column in entry ‘‘3.’’
by removing ‘‘(from a dry Type A
article)’’, and in the table in paragraph
(e)(1)(ix) in the ‘‘Sponsor’’ column by
numerically adding ‘‘021641’’.
I
Dated: May 4, 2006.
Stephen F. Sundlof,
Director, Center for Veterinary Medicine.
[FR Doc. 06–4426 Filed 5–11–06; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 1271
[Docket No. 2006N–0051]
Health Resources and Services
Administration
42 CFR Part 121
Blood Vessels Recovered With Organs
and Intended for Use in Organ
Transplantation
Food and Drug
Administration, Health Resources and
Services Administration, (HHS).
ACTION: Direct final rule.
AGENCIES:
SUMMARY: The Health Resources and
Services Administration (HRSA) and the
Food and Drug Administration (FDA)
are amending their regulations to
consider as part of an organ those blood
E:\FR\FM\12MYR1.SGM
12MYR1
]]>Agencies
[Federal Register Volume 71, Number 92 (Friday, May 12, 2006)]
[Rules and Regulations]
[Pages 27604-27606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4420]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 756 and 766
[Docket No. 060320077-6077-01]
RIN 0694-AD60
Revised Appeal Procedure for Persons Designated as Related
Persons to Denial Orders
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule revises Section 766.23(c) of the Export
Administration Regulations (EAR) to make the appeal procedure for any
person named as a related person to the respondent in an order denying
export privileges identical to the appeal procedure for the respondent
in that order.
DATES: This rule is effective May 12, 2006.
FOR FURTHER INFORMATION CONTACT: William Arvin, Regulatory Policy
Division, Bureau of Industry and Security, e-mail warvin@bis.doc.gov,
fax 202-484-3355, tel. 202-484-2440.
SUPPLEMENTARY INFORMATION:
Background
Section 766.23 of the EAR sets forth the process for making
applicable to a related person an order denying export privileges
issued pursuant to any provision of part 766 of the EAR. Specifically,
Section 766.23(a) provides that ``[i]n order to prevent evasion,''
orders denying export privileges may be made applicable to ``persons
then or thereafter related to the respondent [in a denial order] by
ownership, control, position of responsibility, affiliation, or other
connection in the conduct of trade or business.'' Section 766.23 may be
used to make applicable to a related person an order denying export
privileges issued pursuant to any provision of part 766. Prior to
publication of this rule, Section 766.23(c) provided that any person
named by BIS as a related person ``may file an appeal with the
administrative law judge.'' Section 766.23(c) further provided that
``[t]he recommended decision and order of the administrative law judge
shall be reviewed by the Under Secretary in accordance with the
procedures set forth in Section 766.22 of this part.'' This rule amends
Section 766.23(c) of the EAR to provide that an administrative law
judge's decision pertaining to a related person to whom an order issued
pursuant to Section 766.25 has been made applicable may be appealed to
the Under Secretary for Industry and Security under part 756. This rule
revises Section 766.23(c) to eliminate three procedural inconsistencies
involving: Appeal by a related person of an order imposed under Section
766.25 for violation of a specified statute; a decision by the
administrative law judge that makes an order issued for a violation
related to part 760 applicable to a related person; or an order issued
pursuant to Section 766.24 to prevent an imminent violation of the
Export Administration Act, the EAR, or any order, license or
authorization issued thereunder.
Changes Made By This Rule
Section 766.25 provides the procedure for imposing denials of
export privileges for up to ten years for persons convicted of
violations of statutes specified in Section 11(h) for the Export
Administration Act. Prior to publication of this rule, a person named
as a related person to an order issued pursuant to Section 766.25 had a
right of appeal to the administrative law judge. In contrast, the
respondent in such an order had a right of appeal to the Under
Secretary under part 756 of the EAR. These separate and distinct
appeals procedures could unnecessarily bifurcate administrative
proceedings. Therefore, this rule amends Section 756.1 by including as
a type of action appealable under part 756 appeals from actions making
an order issued under Section 766.25 applicable to a related person.
[[Page 27605]]
In addition, prior to publication of this rule, Section 766.23(c)
provided that any recommended decision and order of the administrative
law judge making an order applicable to a related person ``shall be
reviewed by the Under Secretary in accordance with the procedures set
forth in Section 766.22 * * *.'' (Emphasis added.) This mandatory
review process is consistent with the procedure for respondents in
orders issued for violations of the EAR that are not related to part
760. However, procedures for the respondent to appeal the
administrative law judge's order for a violation related to part 760
(restrictive trade practices and boycotts) are set forth in Section
766.21, which provides that the administrative law judge's decision
``may'' be appealed to the Under Secretary. (Emphasis added.) This
difference could create unnecessarily inconsistent and bifurcated
proceedings because the administrative law judge decision making an
order issued for a violation related to part 760 applicable to a
related person would be subject to mandatory Under Secretary review,
whereas the decision of the administrative law judge with respect to
the respondent in that same order would become the final agency action
absent an appeal to the Under Secretary. Therefore, this rule revises
Section 766.23 to provide that a decision of the administrative law
judge making an order issued for a violation related to part 760 to the
EAR applicable to a related person may be appealed pursuant to the
procedures in Section 766.21 and that the recommended decision of the
administrative law judge making an order issued pursuant to Section
766.24 applicable to a related person shall be reviewed by the Under
Secretary in accordance with the procedures set forth in Section
766.24(e).
Finally, prior to publication of this rule, Section
766.24(d)(3)(ii) provided that a person designated as a related person
to a temporary denial order issued pursuant to Section 766.24 may file
an appeal in accordance with Section 766.2(3)(c) (sic). Section
766.23(c) provided that recommended decisions of the administrative law
judge be reviewed in accordance with the procedures set forth in
Section 766.22. The procedures set forth in Section 766.22 differ from
the procedures for review of recommended decisions by the
administrative law judge with respect to orders issued pursuant to
Section 766.24. Therefore, this rule makes a necessary technical
correction to Section 766.24(d)(3)(ii).
Effect of This Rule
This rule removes potential causes of unnecessarily bifurcated
proceedings by revising: (1) The appeal procedures for related persons
to orders issued under Section 766.25; (2) orders issued for violations
related to part 760 of the EAR; and (3) orders issued pursuant to
Section 766.24 to prevent imminent violations to make each related
person appeal procedure match the appeal procedure for the respondent
in the underlying proceeding. Upon publication of this rule, the appeal
procedure for a related person to any denial order is identical to that
of the respondent(s) in that same order. This rule does not change the
substantive grounds for making an order applicable to a related person,
nor does it change the issues to be decided on appeal of such an
action.
Rulemaking Requirements
1. This 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 rule does not
involve any collections of information that are subject to the
Paperwork Reduction Act.
3. This rule does not contain policies with Federalism implications
as this term is defined in Executive Order 13132.
4. Pursuant to 5 U.S.C. 553, the provisions of the Administrative
Procedure Act requiring a notice of proposed rulemaking and the
opportunity for public comment are waived, because this regulation
involves a rule of agency procedure. No other law requires that a
notice of proposed rulemaking and an opportunity for public comment be
given for this rule. Because a notice of proposed rulemaking and an
opportunity for public comment are not required to be given for this
rule under 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 756
Administrative practice and procedure, Exports, Penalties.
15 CFR Part 766
Administrative practice and procedure, Confidential business
information, Exports, Law enforcement, Penalties.
0
Accordingly, parts 756 and 766 of the Export Administration Regulations
(15 CFR parts 730-799) are amended as follows:
PART 756--[AMENDED]
0
1. The authority citation for 15 CFR part 756 is revised to read:
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).
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2. Section 756.1(a)(2) is revised to read as follows:
Sec. 756.1 Introduction.
(a) * * *
(2) Denial or probation orders, civil penalties, sanctions, or
other actions under parts 764 and 766 of the EAR, except that, any
appeal from an action taken under Sec. 766.25 and any appeal from an
action taken in accordance with Sec. 766.23 to make an action taken
under Sec. 766.25 applicable to a related person shall be subject to
the appeals procedures described in this part 756.
* * * * *
PART 766--[AMENDED]
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3. 1. The authority citation for 15 CFR Part 766 is revised to read:
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).
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4. Section 766.23(c) is revised to read as follows:
Sec. 766.23 Related persons.
* * * * *
(c) Appeals. Any person named by BIS in an order as related to the
respondent may appeal that action. The sole issues to be raised and
ruled on in any such appeal are whether the person so named is related
to the respondent and whether the order is justified in order to
prevent evasion.
(1) A person named as related to the respondent in an order issued
pursuant to Sec. 766.25 may file an appeal with the Under Secretary
for Industry and Security pursuant to part 756 of the EAR.
(2) A person named as related to the respondent in an order issued
pursuant to other provisions of this part may file an appeal with the
administrative law judge.
(i) If the order made applicable to the related person is for a
violation related
[[Page 27606]]
to part 760 of the EAR, the related person may file an appeal with the
administrative law judge. The related person may appeal the initial
decision and order of the administrative law judge to the Under
Secretary in accordance with the procedures set forth in Sec. 766.21.
(ii) If the order made applicable to the related person is issued
pursuant to Sec. 766.24 of this part to prevent an imminent violation,
the recommended decision and order of the administrative law judge
shall be reviewed by the Under Secretary in accordance with the
procedures set forth in Sec. 766.24(e) of this part.
(iii) If the order made applicable to the related person is for a
violation of the EAR not related to part 760 of the EAR and not issued
pursuant to Sec. 766.24 of this part, the recommended decision and
order of the administrative law judge shall be reviewed by the Under
Secretary in accordance with the procedures set forth in Sec. 766.22
of this part.
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5. In Sec. 766.24 paragraph (d)(3)(ii) is revised to read as follows:
Sec. 766.24 Temporary denials.
* * * * *
(d) * * *
(3) * * *
(ii) Any person designated as a related person may not oppose the
issuance or renewal of the temporary denial order, but may file an
appeal in accordance with Sec. 766.23(c) of this part.
* * * * *
Dated: May 2, 2006.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 06-4420 Filed 5-11-06; 8:45 am]
BILLING CODE 3510-33-P
